HomeMy WebLinkAboutC2023-070 - Top Leaf Tree ServiceContract No. 2023-070
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
TOP LEAF TREE SERVICE, LLC
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into
upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”) and Top Leaf Tree Service, LLC, a(n) Arizona limited liability company (the “Vendor”).
RECITALS
A. The Town issued a Request for Proposals, IFB No. 2022-031 (the “IFB”), a copy
of which is on file with the Town and incorporated herein by reference, seeking proposals from
vendors interested in providing professional services consisting of on call tree trimming, tree
removal, stump removal, pruning, and immediate/emergency services for the Town (the
“Services”).
B.The Vendor responded to the IFB by submitting a proposal (the “Proposal”),
attached hereto as Exhibit A and incorporated herein by reference.
C.The Town desires to enter into an Agreement with the Vendor to perform the
Services, as set forth below.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Vendor hereby agree as follows:
1.Term of Agreement. This Agreement shall be effective as of the date of execution
and shall remain in full force and effect until February 1, 2024 (the “Initial Term”), unless
terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this
Agreement may be renewed for up four successive one-year terms (the “Renewal Term”) if (i) it
is deemed in the best interests of the Town, subject to availability and appropriation of funds for
renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Vendor
requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town
approves the additional one-year term in writing (including any price adjustments approved as part
of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may
be withheld by the Town for any reason. The Vendor’s failure to seek a renewal of this Agreement
shall cause this Agreement to terminate at the end of the then-current term of this Agreement;
provided, however, that the Town may, at its discretion and with the agreement of the Vendor,
elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term
are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this
Agreement shall remain in full force and effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Services as previously set forth herein. Services shall only be provided when the Town
identifies a need and proper authorization and documentation have been approved. For project(s)
determined by the Town to be appropriate for this Agreement, the Vendor shall provide the
Services to the Town on an as-required basis relating to the specific Services as may be agreed
upon between the parties in writing, in the form of a written acknowledgment between the parties
describing the Services to be provided (each, a “Work Order”). Each Work Order issued for
Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town
for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit
B and incorporated herein by reference. By signing this Agreement, Vendor acknowledges and
agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or
provisions in conflict with the terms of this Agreement, other than Town's project-specific
requirements, are hereby expressly declared void and shall be of no force and effect. The Town
does not guarantee any minimum or maximum amount of Services will be requested under this
Agreement.
3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed
$500,000. The amount per renewal term/annual amount shall not exceed $100,000 at the rates set
forth in the Fee Proposal attached hereto as Exhibit A and incorporated herein by reference.
4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice
the Town monthly), based upon work performed and completed to date, and upon submission and
approval of invoices. All invoices shall document and itemize all work completed to date. Each
invoice statement shall include a record of time expended and work performed in sufficient detail
to justify payment. This Agreement must be referenced on all invoices.
5. Documents. All documents, including any intellectual property rights thereto,
prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town.
6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable
of and devoted to the successful performance of the Services under this Agreement. Vendor agrees
to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to
hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement
of the Services to be performed under this Agreement, key personnel shall not be removed or
replaced without prior written notice to the Town. If key personnel are not available to perform
the Services for a continuous period exceeding 30 calendar days, or are expected to devote
substantially less effort to the Services than initially anticipated, Vendor shall immediately notify
the Town of same and shall, subject to the concurrence of the Town, replace such personnel with
personnel possessing substantially equal ability and qualifications.
7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by
the Town at reasonable times during Vendor’s performance. The Vendor shall provide and
maintain a self-inspection system that is acceptable to the Town.
8. Licenses; Materials. Vendor shall maintain in current status all federal, state and
local licenses and permits required for the operation of the business conducted by the Vendor. The
Town has no obligation to provide Vendor, its employees or subcontractors any business
registrations or licenses required to perform the specific services set forth in this Agreement. The
Town has no obligation to provide tools, equipment or material to Vendor.
9. Performance Warranty. Vendor warrants that the Services rendered will conform
to the requirements of this Agreement and with the care and skill ordinarily used by members of
the same profession practicing under similar circumstances at the same time and in the same
locality.
10. Indemnification. To the fullest extent permitted by law, the Vendor shall
indemnify, defend and hold harmless the Town and each council member, officer, employee or
agent thereof (the Town and any such person being herein called an “Indemnified Party”), for,
from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but
not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to
which any such Indemnified Party may become subject, under any theory of liability whatsoever
(“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are
caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions,
breach of contract, in connection with the work or services of the Vendor, its officers, employees,
agents, or any tier of subcontractor in the performance of this Agreement. The amount and type
of insurance coverage requirements set forth below will in no way be construed as limiting the
scope of the indemnity in this Section.
11. Insurance.
11.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter
stipulated minimum insurance with insurance companies authorized to do business in the
State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best,
Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to
maintain insurance as specified herein may result in termination of this Agreement at the
Town’s option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Vendor. The Town reserves the right to review any and all of the insurance policies and/or
endorsements cited in this Agreement but has no obligation to do so. Failure to demand
such evidence of full compliance with the insurance requirements set forth in this
Agreement or failure to identify any insurance deficiency shall not relieve Vendor from,
nor be construed or deemed a waiver of, its obligation to maintain the required insurance
at all times during the performance of this Agreement.
C. Additional Insured. All insurance coverage, except Workers’
Compensation insurance and Professional Liability insurance, if applicable, shall name, to
the fullest extent permitted by law for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, directors, officials and
employees as Additional Insured as specified under the respective coverage sections of this
Agreement.
D. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms
of this Agreement are satisfactorily performed, completed and formally accepted by the
Town, unless specified otherwise in this Agreement.
E. Primary Insurance. Vendor’s insurance shall be primary insurance
with respect to performance of this Agreement and in the protection of the Town as an
Additional Insured.
F. Claims Made. In the event any insurance policies required by this
Agreement are written on a “claims made” basis, coverage shall extend, either by keeping
coverage in force or purchasing an extended reporting option, for three years past
completion and acceptance of the services. Such continuing coverage shall be evidenced
by submission of annual Certificates of Insurance citing applicable coverage is in force and
contains the provisions as required herein for the three-year period.
G. Waiver. All policies, except for Professional Liability, including
Workers’ Compensation insurance, shall contain a waiver of rights of recovery
(subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Vendor. Vendor shall
arrange to have such subrogation waivers incorporated into each policy via formal written
endorsement thereto.
H. Policy Deductibles and/or Self-Insured Retentions. The policies set
forth in these requirements may provide coverage that contains deductibles or self-insured
retention amounts. Such deductibles or self-insured retention shall not be applicable with
respect to the policy limits provided to the Town. Vendor shall be solely responsible for
any such deductible or self-insured retention amount.
I. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Vendor shall execute written agreements with its subcontractors
containing the indemnification provisions set forth in this Agreement and insurance
requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible
for executing any agreements with its subcontractors and obtaining certificates of insurance
verifying the insurance requirements.
J. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Vendor will provide the Town with suitable evidence of insurance
in the form of certificates of insurance and a copy of the declaration page(s) of the insurance
policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence
that policies are placed with acceptable insurers as specified herein and provide the
required coverages, conditions and limits of coverage specified in this Agreement and that
such coverage and provisions are in full force and effect. Confidential information such as
the policy premium may be redacted from the declaration page(s) of each insurance policy,
provided that such redactions do not alter any of the information required by this
Agreement. The Town shall reasonably rely upon the certificates of insurance and
declaration page(s) of the insurance policies as evidence of coverage but such acceptance
and reliance shall not waive or alter in any way the insurance requirements or obligations
of this Agreement. If any of the policies required by this Agreement expire during the life
of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and
declaration page(s) to the Town 30 days prior to the expiration date. All certificates of
insurance and declarations required by this Agreement shall be identified by referencing
the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed
for all certificates or declarations received without the appropriate RFP number and title or
a reference to this Agreement, as applicable. Additionally, certificates of insurance and
declaration page(s) of the insurance policies submitted without referencing the appropriate
RFP number and title or a reference to this Agreement, as applicable, will be subject to
rejection and may be returned or discarded. Certificates of insurance and declaration
page(s) shall specifically include the following provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
(a) Commercial General Liability – Under Insurance
Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
(b) Auto Liability – Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability – Follow Form to underlying
insurance.
(2) Vendor’s insurance shall be primary insurance with respect
to performance of this Agreement.
(3) All policies, except for Professional Liability, including
Workers’ Compensation, waive rights of recovery (subrogation) against Town, its
agents, representatives, officers, officials and employees for any claims arising out
of work or services performed by Vendor under this Agreement.
(4) ACORD certificate of insurance form 25 (2014/01) is
preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the
phrases in the cancellation provision “endeavor to” and “but failure to mail such
notice shall impose no obligation or liability of any kind upon the company, its
agents or representatives” shall be deleted. Certificate forms other than ACORD
form shall have similar restrictive language deleted.
11.2 Required Insurance Coverage.
A. Commercial General Liability. Vendor shall maintain “occurrence”
form Commercial General Liability insurance with an unimpaired limit of not less than
$1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual
Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability
arising from premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury. Coverage under the policy will be at
least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not
limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims
arising out of the performance of this Agreement, the Town, its agents, representatives,
officers, officials and employees shall be cited as an Additional Insured under ISO,
Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or
equivalent, which shall read “Who is an Insured (Section II) is amended to include as an
insured the person or organization shown in the Schedule, but only with respect to liability
arising out of “your work” for that insured by or for you.” If any Excess insurance is
utilized to fulfill the requirements of this subsection, such Excess insurance shall be
“follow form” equal or broader in coverage scope than underlying insurance.
B. Vehicle Liability. Vendor shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired
and non-owned vehicles assigned to or used in the performance of the Vendor’s work or
services under this Agreement. Coverage will be at least as broad as ISO coverage code
“1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent
allowed by law, for claims arising out of the performance of this Agreement, the Town, its
agents, representatives, officers, directors, officials and employees shall be cited as an
Additional Insured under ISO Business Auto policy Designated Insured Endorsement form
CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of
this subsection, such Excess insurance shall be “follow form” equal or broader in coverage
scope than underlying insurance.
C. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the Vendor engages in any professional services or
work in any way related to performing the work under this Agreement, the Vendor shall
maintain Professional Liability insurance covering negligent errors and omissions arising
out of the Services performed by the Vendor, or anyone employed by the Vendor, or
anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally
liable, with an unimpaired liability insurance limit of $2,000,000 each claim and
$2,000,000 annual aggregate.
D. Workers’ Compensation Insurance. Vendor shall maintain
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Vendor’s employees engaged in the performance of work
or services under this Agreement and shall also maintain Employers Liability Insurance of
not less than $500,000 for each accident, $500,000 disease for each employee and
$1,000,000 disease policy limit.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town.
12. Termination; Cancellation.
12.1 For Town’s Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Vendor of written notice by
the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services
performed to the termination date.
12.2 For Cause. If either party fails to perform any obligation pursuant to this
Agreement and such party fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the non-defaulting party, such party will be in default. In the event of
such default, the non-defaulting party may terminate this Agreement immediately for cause and
will have all remedies that are available to it at law or in equity including, without limitation, the
remedy of specific performance. If the nature of the defaulting party’s nonperformance is such
that it cannot reasonably be cured within 30 days, then the defaulting party will have such
additional periods of time as may be reasonably necessary under the circumstances, provided the
defaulting party immediately (A) provides written notice to the non-defaulting party and (B)
commences to cure its nonperformance and thereafter diligently continues to completion the cure
of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of
such termination for cause, payment shall be made by the Town to the Vendor for the undisputed
portion of its fee due as of the termination date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned.
In the event of such termination due to work stoppage, payment shall be made by the Town to the
Vendor for the undisputed portion of its fee due as of the termination date.
12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations
by the Town or any of its departments or agencies if any person significantly involved in initiating,
negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its
departments or agencies is, at any time while this Agreement or any extension of this Agreement
is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any
other party of this Agreement with respect to the subject matter of this Agreement.
12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent
or representative of the Vendor to any officer, agent or employee of the Town for the purpose of
securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this
provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and
withhold from the Vendor an amount equal to 150% of the gratuity.
12.6 Agreement Subject to Appropriation. This Agreement is subject to the
provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of
this Agreement for payment of funds by the Town shall be effective when funds are appropriated
for purposes of this Agreement and are actually available for payment. The Town shall be the sole
judge and authority in determining the availability of funds under this Agreement and the Town
shall keep the Vendor fully informed as to the availability of funds for this Agreement. The
obligation of the Town to make any payment pursuant to this Agreement is a current expense of
the Town, payable exclusively from such annual appropriations, and is not a general obligation or
indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall
be relieved of any subsequent obligation under this Agreement.
13. Miscellaneous.
13.1 Independent Contractor. It is clearly understood that each party will act in
its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the
other. An employee or agent of one party shall not be deemed or construed to be the employee or
agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to
workers’ compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and
not the Town, shall determine the time of its performance of the services provided under this
Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit
A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing
its profession elsewhere. Town and Vendor do not intend to nor will they combine business
operations under this Agreement.
13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.
13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all
times during the performance of its duties under this Agreement ensure that it and any person for
whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations,
ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A)
existing and future Town and County ordinances and regulations; (B) existing and future State and
Federal laws; and (C) existing and future Occupational Safety and Health Administration
standards.
13.4 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Vendor.
13.5 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in this Agreement will be read and enforced as though it were included
herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party, this Agreement will promptly be physically
amended to make such insertion or correction.
13.6 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of this Agreement which may remain in effect without
the invalid provision or application.
13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain meaning,
and no presumption shall be deemed to apply in favor of, or against the party drafting this
Agreement. The parties acknowledge and agree that each has had the opportunity to seek and
utilize legal counsel in the drafting of, review of, and entry into this Agreement.
13.8 Assignment; Delegation. No right or interest in this Agreement shall be
assigned or delegated by Vendor without prior, written permission of the Town, signed by the
Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision
shall be a breach of this Agreement by Vendor.
13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any
other party to furnish any of the material or services specified herein without the prior written
approval of the Town. The Vendor is responsible for performance under this Agreement whether
or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any
subcontract shall be a material breach of this Agreement by Vendor.
13.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the
Town’s acceptance of and payment for services, shall not release the Vendor from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
13.11 Attorneys’ Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall
be deemed to have accrued on the commencement of such action and shall be enforced whether or
not such action is prosecuted through judgment.
13.12 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
13.13 Offset.
A. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Vendor any amounts Vendor owes
to the Town for damages resulting from breach or deficiencies in performance or breach of
any obligation under this Agreement.
B. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
13.14 Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S.
Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to
a recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Vendor: Top Leaf Tree Service, LLC
1905 S. Old Greenfield Rd.
Mesa, Arizona 85206
Attn: Jason Klug
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
13.15 Confidentiality of Records. The Vendor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Vendor’s duties under this Agreement. Persons
requesting such information should be referred to the Town. Vendor also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Vendor as needed for the performance of duties under this Agreement.
13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors
are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s
books, records, correspondence, accounting procedures and practices, and any other supporting
evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and
its subcontractors’ actual costs (including direct and indirect costs and overhead allocations)
incurred, or units expended directly in the performance of work under this Agreement and (B)
evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer
sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to
audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors’ facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Vendor pursuant to this
Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate
workspace so that the Town can conduct audits in compliance with the provisions of this
subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of
intended audits. Vendor shall require its subcontractors to comply with the provisions of this
subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. §
41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such
warranty shall be deemed a material breach of this Agreement and may result in the termination
of this Agreement by the Town.
13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for
the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in
ARIZ. REV. STAT. § 35-393, of Israel.
13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity
among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the
documents shall govern in the order listed herein.
13.20 Non-Exclusive Contract. This Agreement is entered into with the
understanding and agreement that it is for the sole convenience of the Town. The Town reserves
the right to obtain like goods and services from another source when necessary.
13.21 Cooperative Purchasing. Specific eligible political subdivisions and
nonprofit educational or public health institutions (“Eligible Procurement Unit(s)”) are permitted
to utilize procurement agreements developed by the Town, at their discretion and with the
agreement of the awarded Consultant. Consultant may, at its sole discretion, accept orders from
Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and
under the terms and conditions of this Agreement, in such quantities and configurations as may be
agreed upon between the parties. All cooperative procurements under this Agreement shall be
transacted solely between the requesting Eligible Procurement Unit and Consultant. Payment for
such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of
any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive
obligation of such unit. The Town assumes no responsibility for payment, performance or any
liability or obligation associated with any cooperative procurement under this Agreement. The
Town shall not be responsible for any disputes arising out of transactions made by others.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Linda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Aaron Arnson (Mar 8, 2023 12:34 MST)
Aaron Arnson
“Contractor/Vendor/Consultant”
____________________________________,
By:
Name:
Title:
Top Leaf Tree Service, LLC, a(n) Arizona limited liability company
Jason Klug (Feb 14, 2023 14:02 MST)
Jason Klug
Jason Klug
Project Manager
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
TOP LEAF TREE SERVICE, LLC
[Consultant’s Proposal]
See following pages.
Town of Fountain Hills
Admin-Procurement
Robert Durham, Procurement Officer
16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-031
Professional Tree Trimming
RESPONSE DEADLINE: January 19, 2023 at 5:00 pm
Report Generated: Monday, February 6, 2023
Top Leaf Tree Service Proposal
CONTACT INFORMATION
Company:
Top Leaf Tree Service
Email:
jason@topleafaz.com
Contact:
Jason Klug
Address:
1905 S Old Greenfield Rd
Mesa, AZ 85206
Phone:
(480) 833-6465
Website:
https://topleafaz.com/
Submission Date:
Jan 19, 2023 9:52 AM
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-031
Professional Tree Trimming
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Professional Tree Trimming
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Jan 18, 2023 11:46 AM by Jason Klug
QUESTIONNAIRE
1. Licenses
APPLICABLE LICENSES *
Pass
Please upload your current Licenses here
Top_leaf_Certifications.docx
2. DBE/WBE STATUS
DBE/WBE STATUS*
Pass
Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise?
No
DBE/WBE STATUS - YES
If you answered yes please provide details and documentation of the certification here
No response submitted
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-031
Professional Tree Trimming
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Professional Tree Trimming
Page 3
3. References
Provide the following information for three clients for whom Bidder has successfully completed similar projects as stated in Bid
Process and Award subsection Bidder Qualifications within the past 60 months. Failure to provide three accurate and suitable
references will result in disqualification. Bidder may also attach another sheet with additional references.
REFERENCE # 1*
Pass
Please provide the following information for your 1st reference:
• Company
• Address
• City/State/Zip Code
• Contact
• Telephone Number
• Date of Contract Initiation
• Date of Contract Expiration
• Final Project Cost
• Project Description
Avanti Residential
7550 E. Greenway Rd, Suite b105
Scottsdale, AZ 85260
Carlos Cruz
602-410-0627
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-031
Professional Tree Trimming
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Professional Tree Trimming
Page 4
Date of Contract Initiation: April 2022
Date of Contract Expiration: Ongoing
Final Project Cost: $250,000.00
Project Description:
Tree removal, pruning, insect and disease treatments, and immediate, on-call emergency services for their properties in the Phoenix
metropolitan area.
REFERENCE # 2*
Pass
Please provide the following information for your 2nd reference:
• Company
• Address
• City/State/Zip Code
• Contact
• Telephone Number
• Date of Contract Initiation
• Date of Contract Expiration
• Final Project Cost
• Project Description
Town of Fountain Hills
17137 E Falcon Dr
Fountain Hills AZ 85268-4611
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-031
Professional Tree Trimming
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Professional Tree Trimming
Page 5
Jeff Pierce
480-749-5258
Date of Contract Initiation: July 1, 2022
Date of Contract Expiration: June 30, 2023
Final Project Cost: $100,000.00
Project Description:
Tree removal, pruning, insect and disease treatments, and immediate on-call emergency services for the streets department
REFERENCE # 3*
Pass
Please provide the following information for your 3rd reference:
• Company
• Address
• City/State/Zip Code
• Contact
• Telephone Number
• Date of Contract Initiation
• Date of Contract Expiration
• Final Project Cost
• Project Description
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-031
Professional Tree Trimming
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Professional Tree Trimming
Page 6
Fairmont Scottsdale Princess - Landcare 7575 E Princess Dr, Scottsdale, AZ 85255 David Hizer 480-341-9032 Date of Contract
Initiation: January 2022 Date of Contract Expiration: December 2022 Final Project Cost: $140,000.00 Project Description: Tree
removal, pruning, insect and disease treatments, and immediate on-call emergency services for the resort
4. Certification
By confirming questions under this section, the Vendor certifies:
NO COLLUSION*
Pass
The submission of the Proposal did not involve collusion or other anti-competitive practices.
Confirmed
NO DISCRIMINATION*
Pass
It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246.
Confirmed
NO GRATUITY*
Pass
It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gi ft, loan,
gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It
(including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of
disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process
with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager,
Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent,
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-031
Professional Tree Trimming
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Professional Tree Trimming
Page 7
except for questions submitted as set forth in Inquiries. Any attempt to influence the selection process by any means shall v oid the
submitted Proposal and any resulting Agreement.
Confirmed
FINANCIAL STABILITY*
Pass
It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential co sts resulting
from an award of the Agreement.
Confirmed
NO SIGNATURE/FALSE OR MISLEADING STATEMENT*
Pass
The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the
authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or
misleading statement, shall void the submitted Proposal and any resulting Agreement.
Confirmed
PROFESSIONAL SERVICES AGREEMENT*
Pass
In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services
Agreement including the Scope of Work and other Exhibits.
Confirmed
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-031
Professional Tree Trimming
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Professional Tree Trimming
Page 8
5. List of Key Personnel, Subcontractor and/or Suppliers working on the project
A list of the names and emergency telephone numbers of all proposed Key Personnel, Subcontractors and suppliers that the
Contractor intends to utilize on the Project
LIST OF SUBCONTRACTORS*
Pass
The contractor must list below the Trade, Company name, License and Classification numbers of all qualified subcontractors and/or
suppliers they will employ for the various portions of work indicated. Failure on the part of the Contractor to complete this list
properly may constitute sufficient grounds to reject the bid. If no subcontractors will be listed please indicate with a N/A
Example: Trade, Company Name, ROC License #, ROC License Classification
AZ Crane by Nichols, LLC.
LIST OF KEY PERSONNAL*
Pass
A list of the names and emergency telephone numbers of all proposed Key Personnel
Example: Name, Position Held, Emergency Telephone Number
Jason Klug, Contract Manager, 480-662-3593
Leo Coronado, Crew Manager, 480-793-0442
Cathy Waltimeyer, Office Manager, 480-833-6465
Todd Hansen, Owner, 480-510-9747
LIST OF SUPPLIERS*
Pass
A list of the names and emergency telephone numbers of all proposed suppliers
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-031
Professional Tree Trimming
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Professional Tree Trimming
Page 9
Example: Name, Company, Emergency Telephone Number
If none please indicate with a N/A
N/A
W-9*
Pass
W-9_2022_(3).pdf
BIDDER MUST DEMONSTRATE SUCCESSFUL COMPLETION OF AT LEAST THREE SIMILAR PROJECTS WITHIN THE PAST 60 MONTHS. *
Pass
Please upload your document showing examples of similar projects as noted in the IFB.
proposal_15023.pdfproposal_13849.pdfproposal_15564.pdfproposal_13184.pdfproposal_14480.pdfproposal_15018.pdf
ADD ADDITIONAL NOTES OR FILES HERE.
Pass
TFH-contract_IFB-2022-031_.docxTop_Leaf_references.docx
PRICE TABLES
HOURLY FEES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Tree Pruning 1 Hour $115.00 $115.00
2 Crown Thinning 1 Hour $115.00 $115.00
PROPOSAL DOCUMENT REPORT
IFB No. IFB-2022-031
Professional Tree Trimming
PROPOSAL DOCUMENT REPORT
Invitation for Bids - Professional Tree Trimming
Page 10
Line Item Description Quantity Unit of
Measure
Unit Cost Total
3 Fan Palm Maintenance 1 Hour $110.00 $110.00
4 Tree Removal 1 Hour $125.00 $125.00
5 Stump Grinding 1 Hour $125.00 $125.00
6 Crane Services 1 Hour $175.00 $175.00
7 On call 24/7 Emergency Service (Business Hours) Post Storm Damage Clean Up 1 Hour $250.00 $250.00
8 On call 24/7 Emergency Service (After Hours) Post Storm Damage Clean Up 1 Hour $500.00 $500.00
TOTAL $1,515.00
www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com
TOP LEAF CERTIFICATIONS
ISA Certified Arborist
The ISA Certified Arborist designation sets apart someone with the commitment, dedication, and
knowledge to succeed. The ISA Certified Arborist program is accredited by the ANSI National
Accreditation Board (ANAB) for meeting or exceeding ISO 17024 standards for certification bodies.
ISA Certified Arborist (WE-12163A) (WE-12161A) (WE-13537A) (WE-12167A)
ISA TRAQ Certification
The ISA Tree Risk Assessment Qualification (ISA TRAQ) is a program designed to train and assess
candidates in a specialized field of arboriculture. When a professional earns the ISA TRAQ
credential, they should be recognized by their peers and the public as a tree care professional who
has specialized knowledge in tree risk assessment. To earn the qualification, eligible candidates
must complete a training course, and pass both a comprehensive written assessment and a
performance-based assessment. To maintain the qualification, current credential holders must
retrain and retest every five years.
The program offers tree care professionals the opportunity to learn a standardized, systematic
process for assessing tree risk and providing information to tree owners and risk managers when
making decisions that will promote the safety of people and property and enhance tree benefits,
health, and longevity.
ISA TRAQ Certified (M5HVZZKB)
Jason Klug
ISA Certified Arborist (WE-12163A)
ISA TRAQ Certified (M5HVZZKB)
office: 480-833-6465
cell: 480-662-3593
Location
17137 E Falcon Dr
Fountain Hills, AZ 85268
Customer Contact
main: 480-749-5258
mobile: 480-749-5258
jpierce@fountainhillsaz.gov
Proposal For
The Town of Fountain Hills
16705 E. Avenue of the Fountain
Fountain Hills, AZ 85268
Terms
Due on receipt
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Services
Town of Fountain Hills Contract 2023-021
1 $ 0.00 $ 0.00
LOCATION: STUMPS LOCATED IN MEDIANS THROUGHOUT
THE TOWN.
1) Stumpgrind- Comm
Stumps marked with cones
Stumpgrind remaining portion of trunk 4-6" below the existing grade at the trunk's edge
*Disclaimer: Top Leaf Tree Service is not responsible for any damage to buried lines or
pipes within the work area.
19 $ 130.00 $ 2,470.00
2) Clean-up
Clean-up and haul away branches, trunks and debris in affected area
1 $ 0.00 $ 0.00
3) Landfill- Comm
An environmental fee is being charged to offset the cost of procedures for the disposal and
recycling of green waste, debris, excess soil and chemical materials.
1 $ 50.00 $ 50.00
Proposal #15023
Estimate Date: 07/20/2022
Date: 08/30/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 1 of 2
$ 2,520.00
$ 2,520.00
DISCLAIMER
*Top Leaf Tree Service, LLC adheres to International Society of Arboricultural pruning
standards. All work shall be performed in accordance with the ANSI A300 pruning
standard and the ANSI Z133.1 safety standard. All work supervised or performed by
an ISA Certified Arborist or an ISA Certified Tree Worker who will be on location.
We carry Liability Insurance and Workman's Compensation for your protection.
*Top Leaf Tree Service is not responsible for any underground damage that occurs
due to stump grinding, planting or deep root fertilization.
Acceptance Agreement
*** 3.5% fee will be applied to the invoice when paying with a Credit Card.***
*The above prices, specifications and conditions are satisfactory and are hereby
accepted. Top Leaf Tree, LLC is authorized to perform the work as specified.
Payment for service to be made at completion of work. All delinquent accounts will
be subject to a 1.5% per month charge and any collection and/or legal fees.
**This proposal is good for 30 days
Signature
x
Please sign here to accept the terms and conditions
TOTAL
TOTAL
Kevin
Office: 480-833-6465
Mobile: 623-419-5550
office+david@topleafaz.com
Jason Klug
Office: 480-833-6465
Mobile: 480-662-3593
jason@topleafaz.com
Assigned To
Cross Streets
Saguaro/Shea
Proposal #15023
Estimate Date: 07/20/2022
Date: 08/30/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 2 of 2
Location
17137 E Falcon Dr
Fountain Hills, AZ 85268
Customer Contact
main: 480-749-5258
mobile: 480-749-5258
jpierce@fountainhillsaz.gov
Proposal For
The Town of Fountain Hills
16705 E. Avenue of the Fountain
Fountain Hills, AZ 85268
Terms
Due on receipt
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Tree Removal- Comm
Remove various palm species within wash at Indian Wells Dr.
All trunks will be cut low to ground as possible - (No grinding of stumps)
- Mexican fan palms (21)
- California fan palm (1)
- Date palms (3)
*SEE CLIENT NOTES AT END OF PROPOSAL
25 $ 700.00 $ 17,500.00
1) Tree Removal- Comm
Remove Mexican fan palms (6) at east end of ditch
6 $ 0.00 $ 0.00
2) Tree Removal- Comm
Remove Mexican fan palms (6) and California fan palm (1) west of prior
7 $ 0.00 $ 0.00
3) Tree Removal- Comm
Remove Mexican fan palms (3) and Date palms (2) west of prior
5 $ 0.00 $ 0.00
4) Tree Removal- Comm
Remove Mexican fan palms (3) west of prior
3 $ 0.00 $ 0.00
5) Tree Removal- Comm
Remove Mexican fan palms (2) west of prior
5 $ 0.00 $ 0.00
6) Tree Removal- Comm
Remove Date palm (1) and Mexican fan palm (1) near street
2 $ 0.00 $ 0.00
7) Tree removal- Res
Remove Mesquite trees near street (2)
2 $ 450.00 $ 900.00
Proposal #13849
Estimate Date: 03/24/2022
Date: 04/13/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 1 of 4
9) Clean-up palm
Clean-up and haul away palm fronds, seed pods, date clusters and debris
1 $ 0.00 $ 0.00
10) Landfill- Comm
An environmental fee is being charged to offset the cost of procedures for the disposal and
recycling of green waste, debris, excess soil and chemical materials.
1 $ 2,000.00 $ 2,000.00
11) Tree Removal- Comm
P.O. #22200433
1 $ 0.00 $ 0.00
Client Notes
- Top Leaf will employ various equipment and a crane to assist with the above listed removals. Indian Wells dr. will need to be closed off to traffic in
both directions at wash during the day from 0630 hours to 1600 hours for 3 possibly 4 days
- SCHEDULING TIMEFRAME - 1 TO 2 WEEKS UPON APPROVAL
- COMPLETION SCHEDULE - 3 TO 4 DAYS
$ 20,400.00
$ 20,400.00
DISCLAIMER
*Top Leaf Tree Service, LLC adheres to International Society of Arboricultural pruning
standards. All work shall be performed in accordance with the ANSI A300 pruning
standard and the ANSI Z133.1 safety standard. All work supervised or performed by
an ISA Certified Arborist or an ISA Certified Tree Worker who will be on location.
We carry Liability Insurance and Workman's Compensation for your protection.
*Top Leaf Tree Service is not responsible for any underground damage that occurs
due to stump grinding, planting or deep root fertilization.
Acceptance Agreement
*** 3.5% fee will be applied to the invoice when paying with a Credit Card.***
*The above prices, specifications and conditions are satisfactory and are hereby
accepted. Top Leaf Tree, LLC is authorized to perform the work as specified.
Payment for service to be made at completion of work. All delinquent accounts will
be subject to a 1.5% per month charge and any collection and/or legal fees.
**This proposal is good for 30 days
Signature
x
Please sign here to accept the terms and conditions
TOTAL
TOTAL
Proposal #13849
Estimate Date: 03/24/2022
Date: 04/13/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 2 of 4
Photos
1) Tree Removal- Comm 2) Tree Removal- Comm 3) Tree Removal- Comm 4) Tree Removal- Comm
Auggie
Office: 4808336465
office+auggie@topleafaz.com
Jason Klug
Office: 480-833-6465
Mobile: 480-662-3593
jason@topleafaz.com
Assigned To
Cross Streets
Saguaro/Shea
Proposal #13849
Estimate Date: 03/24/2022
Date: 04/13/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 3 of 4
5) Tree Removal- Comm 6) Tree Removal- Comm 6) Tree Removal- Comm 7) Tree removal- Res
Proposal #13849
Estimate Date: 03/24/2022
Date: 04/13/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 4 of 4
Location
17137 E Falcon Dr
Fountain Hills, AZ 85268
Customer Contact
main: 480-749-5258
mobile: 480-749-5258
jpierce@fountainhillsaz.gov
Proposal For
The Town of Fountain Hills
16705 E. Avenue of the Fountain
Fountain Hills, AZ 85268
Terms
Due on receipt
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Services
Town of Fountain Hills Contract 2023-021
1 $ 0.00 $ 0.00
1) Tree pruning- Comm
LOCATION: AVENUE OF THE FOUNTAINS
Trees in center median on Avenue of the fountains
From: La Montana
To: Palisades
Prune trees listed below for health, aesthetics and storm damage prevention. Removal of
dead and weak branches, selective thinning to lessen wind resistance, avoid branch
breakage and improve natural health of tree canopies. Corrective prune as needed,
provide canopy elevation, building, structural and municipal clearance. Pruning emphasis
on end weight reduction.
35 $ 0.00 $ 0.00
2) Tree pruning- Comm
Mesquite trees - 7
Ironwood trees - 5
Palo verde tree - 23
35 $ 225.00 $ 7,875.00
3) Tree pruning- Comm
Olive trees in round about
- Structural prune to promote proper tree like growth
3 $ 75.00 $ 225.00
4) Tree pruning- Comm
LOCATION: NORTH SIDE OF AVENUE OF THE FOUNTAINS
22 $ 0.00 $ 0.00
Proposal #15564
Estimate Date: 09/21/2022
Date: 10/04/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 1 of 3
Trees in parking islands
From: Saguaro
To: La Montana
Prune trees listed below for health, aesthetics and storm damage prevention. Removal of
dead and weak branches, selective thinning to lessen wind resistance, avoid branch
breakage and improve natural health of tree canopies. Corrective prune as needed,
provide canopy elevation, building, structural and municipal clearance. Pruning emphasis
on end weight reduction.
5) Tree pruning- Comm
Palo verde trees - 22
22 $ 250.00 $ 5,500.00
6) Clean-up
Clean-up and haul away branches, trunks and debris in affected area
1 $ 0.00 $ 0.00
7) Landfill- Comm
An environmental fee is being charged to offset the cost of procedures for the disposal and
recycling of green waste, debris, excess soil and chemical materials.
1 $ 100.00 $ 100.00
Services
Contract 2023-021
Top Leaf Tree Service
1 $ 0.00 $ 0.00
Proposal #15564
Estimate Date: 09/21/2022
Date: 10/04/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 2 of 3
$ 13,700.00
$ 13,700.00
DISCLAIMER
*Top Leaf Tree Service, LLC adheres to International Society of Arboricultural pruning
standards. All work shall be performed in accordance with the ANSI A300 pruning
standard and the ANSI Z133.1 safety standard. All work supervised or performed by
an ISA Certified Arborist or an ISA Certified Tree Worker who will be on location.
We carry Liability Insurance and Workman's Compensation for your protection.
*Top Leaf Tree Service is not responsible for any underground damage that occurs
due to stump grinding, planting or deep root fertilization.
Acceptance Agreement
*** 3.5% fee will be applied to the invoice when paying with a Credit Card.***
*The above prices, specifications and conditions are satisfactory and are hereby
accepted. Top Leaf Tree, LLC is authorized to perform the work as specified.
Payment for service to be made at completion of work. All delinquent accounts will
be subject to a 1.5% per month charge and any collection and/or legal fees.
**This proposal is good for 30 days
Signature
x
Please sign here to accept the terms and conditions
TOTAL
TOTAL
Carlos
Office: 4808336465
office+carlos@topleafaz.com
Jason Klug
Office: 480-833-6465
Mobile: 480-662-3593
jason@topleafaz.com
Assigned To
Cross Streets
Saguaro/Avenue of the
fountains
Proposal #15564
Estimate Date: 09/21/2022
Date: 10/04/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 3 of 3
Location
1944 W Thunderbird Rd
Phoenix, AZ 85023
Customer Contact
main: 623-570-5804 Mindy
mobile: 602-410-0627 Carlos
jfrancisco@avantiresidential.com, ccruz@avantiresidential.com, mross@avantiresidential.com
Proposal For
Avanti Resid.
Latitude Apts
1944 W Thunderbird Rd
Phoenix, AZ 85023
Terms
Due on receipt
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1) Tree Removal- Comm
Remove Eucalyptus tree behind laundry room with 70 ton crane
- Cut trunk low to ground
1 $ 8,750.00 $ 8,750.00
3) Tree Removal- Comm
Remove Eucalyptus tree on north side of property with 45 ton crane
- Cut trunk low to ground
1 $ 6,750.00 $ 6,750.00
5) Tree Removal- Comm
Remove Eucalyptus tree in dog area 45 ton crane
- Cut trunk low to ground
1 $ 8,500.00 $ 8,500.00
7) Clean-up
Clean-up and haul away branches, trunks and debris in affected area
1 $ 0.00 $ 0.00
8) Landfill- Comm
An environmental fee is being charged to offset the cost of procedures for the disposal and
recycling of green waste, debris, excess soil and chemical materials.
1 $ 1,500.00 $ 1,500.00
Client Notes
Top Leaf will stage roll off dumpsters onsite for logs
Proposal #13184
Estimate Date: 12/28/2021
Date: 04/01/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 1 of 3
Photos
$ 25,500.00
$ 25,500.00
DISCLAIMER
*Top Leaf Tree Service, LLC adheres to International Society of Arboricultural pruning
standards. All work shall be performed in accordance with the ANSI A300 pruning
standard and the ANSI Z133.1 safety standard. All work supervised or performed by
an ISA Certified Arborist or an ISA Certified Tree Worker who will be on location.
We carry Liability Insurance and Workman's Compensation for your protection.
*Top Leaf Tree Service is not responsible for any underground damage that occurs
due to stump grinding, planting or deep root fertilization.
Acceptance Agreement
*** 3.5% fee will be applied to the invoice when paying with a Credit Card.***
*The above prices, specifications and conditions are satisfactory and are hereby
accepted. Top Leaf Tree, LLC is authorized to perform the work as specified.
Payment for service to be made at completion of work. All delinquent accounts will
be subject to a 1.5% per month charge and any collection and/or legal fees.
**This proposal is good for 30 days
Signature
x
Please sign here to accept the terms and conditions
TOTAL
TOTAL
Auggie
Office: 4808336465
office+auggie@topleafaz.com
Matthew
Office: 480-833-6465
office+matthew@topleafaz.com
Jason Klug
Office: 480-833-6465
Mobile: 480-662-3593
jason@topleafaz.com
Leo
Office: 480-833-6465
Mobile: 480-793-0442
leo@topleafaz.com
Todd
Office: 480-833-6465
Mobile: 480-510-9747
todd@topleafaz.com
Assigned To
Cross Streets
19th Ave/Thunderbird
Proposal #13184
Estimate Date: 12/28/2021
Date: 04/01/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 2 of 3
Proposal #13184
Estimate Date: 12/28/2021
Date: 04/01/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 3 of 3
Location
1944 W Thunderbird Rd
Phoenix, AZ 85023
Customer Contact
main: 623-570-5804 Mindy
mobile: 602-410-0627 Carlos
jfrancisco@avantiresidential.com, ccruz@avantiresidential.com, mross@avantiresidential.com
Proposal For
Avanti Resid.
Latitude Apts
1944 W Thunderbird Rd
Phoenix, AZ 85023
Terms
Due on receipt
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1) Mexican fan palm - Comm
Mexican fan palms - Trim, remove seed pods, and remove dead fronds
15 $ 125.00 $ 1,875.00
2) California fan palm- Comm
California fan palm- trim, remove seed pods and dead fronds.
4 $ 140.00 $ 560.00
3) Clean-up palm
Clean-up and haul away palm fronds, seed pods, date clusters and debris
1 $ 0.00 $ 0.00
4) Landfill- Comm
An environmental fee is being charged to offset the cost of procedures for the disposal and
recycling of green waste, debris, excess soil and chemical materials.
1 $ 250.00 $ 250.00
Client Notes
PALM CUTTING SPECIFICATIONS
NO SKINNING OF PALMS IS INCLUDED IN THIS ESTIMATE
Top Leaf will remove fronds that hang below a right angle to the trunk, or at the 10 o'clock to 2 o'clock positions.
Palm fronds cycle nutrients to the heart of the palm, and aggressive frond removal deprives the palm of needed nutrients and weakens its defenses.
Proposal #14480
Estimate Date: 05/26/2022
Date: 08/16/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 1 of 2
$ 2,685.00
$ 2,685.00
DISCLAIMER
*Top Leaf Tree Service, LLC adheres to International Society of Arboricultural pruning
standards. All work shall be performed in accordance with the ANSI A300 pruning
standard and the ANSI Z133.1 safety standard. All work supervised or performed by
an ISA Certified Arborist or an ISA Certified Tree Worker who will be on location.
We carry Liability Insurance and Workman's Compensation for your protection.
*Top Leaf Tree Service is not responsible for any underground damage that occurs
due to stump grinding, planting or deep root fertilization.
Acceptance Agreement
*** 3.5% fee will be applied to the invoice when paying with a Credit Card.***
*The above prices, specifications and conditions are satisfactory and are hereby
accepted. Top Leaf Tree, LLC is authorized to perform the work as specified.
Payment for service to be made at completion of work. All delinquent accounts will
be subject to a 1.5% per month charge and any collection and/or legal fees.
**This proposal is good for 30 days
Signature
x
Please sign here to accept the terms and conditions
TOTAL
TOTAL
Carlos
Office: 4808336465
office+carlos@topleafaz.com
Jason Klug
Office: 480-833-6465
Mobile: 480-662-3593
jason@topleafaz.com
Assigned To
Cross Streets
19th Ave/Thunderbird
Proposal #14480
Estimate Date: 05/26/2022
Date: 08/16/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 2 of 2
Location
5519 E Duncan St
Mesa, AZ 85205
Customer Contact
main: 602-725-5458
mobile: 602-725-5458
dean@trustenvy.com
Proposal For
Envy Restoration-5519 E. Duncan
803 E Melody Dr
Gilbert, AZ
Terms
Due on receipt
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1) Emergency Services- Comm
Remove large Mesquite tree that uprooted during storm and is resting on structure.
- Technical removal - Tree at risk of rolling during removal. A crane will be used to assist in
the removal for safety and to minimize risk of further damage to structure
- Cut trunk low to root ball
1 $ 4,500.00 $ 4,500.00
Proposal #15018
Estimate Date: 07/20/2022
Date: 07/26/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 1 of 3
Photos
$ 4,500.00
$ 4,500.00
DISCLAIMER
*Top Leaf Tree Service, LLC adheres to International Society of Arboricultural pruning
standards. All work shall be performed in accordance with the ANSI A300 pruning
standard and the ANSI Z133.1 safety standard. All work supervised or performed by
an ISA Certified Arborist or an ISA Certified Tree Worker who will be on location.
We carry Liability Insurance and Workman's Compensation for your protection.
*Top Leaf Tree Service is not responsible for any underground damage that occurs
due to stump grinding, planting or deep root fertilization.
Acceptance Agreement
*** 3.5% fee will be applied to the invoice when paying with a Credit Card.***
*The above prices, specifications and conditions are satisfactory and are hereby
accepted. Top Leaf Tree, LLC is authorized to perform the work as specified.
Payment for service to be made at completion of work. All delinquent accounts will
be subject to a 1.5% per month charge and any collection and/or legal fees.
**This proposal is good for 30 days
Signature
x
Please sign here to accept the terms and conditions
TOTAL
TOTAL
Matthew
Office: 480-833-6465
office+matthew@topleafaz.com
Jason Klug
Office: 480-833-6465
Mobile: 480-662-3593
jason@topleafaz.com
Assigned To
Cross Streets
Higley/Brown
Proposal #15018
Estimate Date: 07/20/2022
Date: 07/26/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 2 of 3
1) Emergency Services- Comm 1) Emergency Services- Comm
1) Emergency Services- Comm 1) Emergency Services- Comm
Proposal #15018
Estimate Date: 07/20/2022
Date: 07/26/2022
From: Jason Klug
Top Leaf Tree Services
1905 S. Old Greenfield Road
Mesa, AZ 85206
480-833-6465
office@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 |
office@topleafaz.com Page 3 of 3
www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Project ID: IFB-2022-031 Professional Tree Trimming Proposal
Top Leaf tree service delivers a wide range of tree work including tree removal, pruning, insect and
disease treatments, and immediate, on-call emergency services. Our ISA Certified Arborists use state-of-
the-art equipment to maintain your trees and safely remove overgrown or diseased trees.
We adhere to all ANSI A300 and ANSI Z133 Safety Standards to ensure that our professional tree pruning
services will improve the health and appearance of your trees.
Below is a list of services with associated pricing. This pricing is an approximation based on typical rates
at the time of the contract. Each job will be looked at on an individual basis and a quote for services will
be given before work begins.
Item 1 -
Tree Pruning - ($115 to $135 per man hour)
There are many aspects to tree pruning depending on what is needed to achieve measurable objectives.
These objectives can be simply removing a few branches to achieve municipal clearance on a busy street
or sidewalk to structurally pruning a tree to promote proper growth in the future.
Item 2 -
Crown Thinning ($115 to $135 per man hour)
Crown thinning consist of:
Pruning trees for health, aesthetics and storm damage prevention. Removal of dead and weak branches
with selective thinning to lessen wind resistance, avoid branch breakage and improve natural health of
tree canopies. Corrective pruning as needed to provide canopy elevation, building, structural and
municipal clearance with a pruning emphasis on end weight reduction of the canopy’s branches.
Item 3 -
Fan Palm Maintenance ($110 to $125 per tree)
Correct pruning is a key component to maintaining palm health. Many people indiscriminately cut palms
to remove nearly all of the fronds. This tendency to over-prune palms is not a recommended practice
and can harm the palm’s health over time. Live, green fronds manufacture food for the palm and should
be left as long as possible. Palms do not store energy as efficiently as trees and severe pruning can
deplete energy resources and stress palm health, causing a gradual decrease in trunk diameter and
strength. The use of climbing spikes should be minimized. Even though most street landscaped palms
can be pruned safely from an aerial lift, some palms still need to be climbed. Palms do not
compartmentalize and seal wounds like trees. Injuries to palm trunks are permanent.
www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com
Date palms typically flower each year in April and May, while fan palms flower in May and June. When
planning annual pruning maintenance activities, it is best to be patient and wait for the flowering cycle
to be complete. Otherwise, if pruned too early, additional flower stalks may develop and will hang from
the palm head the remainder of the year.
PALM TRIMMING SCHEDULE - Top Leaf will plan to begin pruning date palms in late May and fan
palms in mid June.
Types of palm maintenance performed -
- Mexican fan palms - Trim, remove seed pods, and remove dead fronds
- Date palms - trim, remove date clusters and dead fronds. ($125 depending on time of year and amount
to be trimmed)
- California fan palm- trim, remove seed pods and dead fronds. ($125 depending on time of year and
amount to be trimmed)
- Canary island date palm- trim, remove dead fronds and date clusters ($125 depending on time of year
and amount to be trimmed)
Item 4 -
Tree Removal $125 to $300 per man hour
This range is due to factors such as distance material has to be dragged to chipper, technical aspects and
amount of rigging and equipment used to safely remove the tree.
Item 5 -
Stump Grinding $125 and up depending on size of stump.
Stump grinding typically involves grinding the remaining portion of trunk 4-6" below the existing grade
at the trunk's edge
Item 6 -
Crane Services $175 to $275 per hour based on size of crane under 50 Tons
Having a crane in our arsenal tools becomes an invaluable asset during technical removals. Cranes allow
us to remove trees in tight spaces more quickly saving on man hours and helping to mitigate damages to
anything in the surrounding area.
We have a variety of cranes that we use ranging from 26 ton to 50 ton capacity. Many times a crane
ranging between 35 to 50 tons has approximately 125 foot of reach and is more than adequate for most
trees. Larger capacity cranes are available but rarely needed for most tree removal activities.
Item 7 -
On call 24/7 Emergency Service (Business Hours) Post Storm Damage Clean Up (6:00am to 2:00pm) -
$250 per man hour
Item 8 -
On call 24/7 Emergency Service (After Hours) Post Storm Damage Clean Up (2:00pm to 6:00am) $500
www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com
EQUIPMENT UTILIZATION OVERVIEW FOR Project ID: IFB-2022-031
Top Leaf tree service has the skilled expertise and the right equipment to do the job!
Below is some of the equipment that will be used on Project IFB-2022-031
Terex Hi Ranger XT pro series 60/70 trucks – Used on items 1 thru 5 and 7, 8 of this proposal.
Top leaf has several Terex Hi Ranger XT pro series 60/70 trucks in our fleet. This bucket truck offers a 75’
working height and can be used for items 1 thru 5 and 7, 8 of this proposal.
www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com
Nyfty lyft sd64 70’ - This lift can be utilized on items 1 thru 4 and 7,8 of this proposal.
Top Leaf’s Nyfty lift has turf tires and a 70’ reach which makes it a great tool for working in parks and
areas with limited access. This lift can be utilized on items 1 thru 4 and 7,8 of this proposal.
www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com
AVANT 528 Log loader with turf tires and backhoe attachment - This loader can be utilized on items 4
and 7,8 of this proposal.
The Avant loader with its attachment’s compliments removal jobs with its lifting and root removal
capabilities. This loader can be utilized on items 4 and 7,8 of this proposal.
www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com
New Holland 250Tl - This tractor can be utilized on items 4 and 7,8 of this proposal.
This tractor compliments large removal jobs and storm cleanup. This tractor can be utilized on items 4
and 7,8 of this proposal.
Stumpgrinders - This equipment can be used on items 4-8
Most trucks in our fleet carry a Dosko 20hp grinder on a daily bases. For larger jobs, Top Leaf can deploy
the Bandit SG-40. This grinder weighs in at 1500 lbs with a cutting arc of 47” and a grinding depth to 12”.
This equipment can be used on items 4-8
www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com
Wood Chippers and trucks - This equipment can be used with items 1 -8 in this proposal
Top Leaf trucks are accompanied by the Vermeer BC1000XL chipper. This brute of a chipper can chew
through the toughest wood and debris with is 74hp diesel engine allowing us to run logs up to 8 inches
in diameter through its hopper. This equipment can be used with items 1 -8 in this proposal.
www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com
THE TEAM
SERVICING
CONTRACT
IFB-2022-031
Jason Klug
Project Manager
480-662-3593
ISA Certified Arborist (WE-12163A)
ISA TRAQ Certified (M5HVZZKB)
Jason@topleafaz.com
Todd Hansen
Owner
480-510-9737
ISA Certified Arborist (WE-12167A)
Todd@topleafaz.com
Leo Coronado
Crew Manager
480-793-0442
ISA Certified Arborist (WE-12161A)
Leo@topleafaz.com
www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com
Top Leaf References
Reference 1
Avanti Residential
7550 E. Greenway Rd, Suite b105
Scottsdale, AZ 85260
Carlos Cruz
602-410-0627
Date of Contract Initiation: April 2022
Date of Contract Expiration: Ongoing
Final Project Cost: $250,000.00
Project Description:
Tree removal, pruning, insect and disease treatments, and immediate, on -call emergency
services for their properties in the Phoenix metropolitan area.
Reference 2
Town of Fountain Hills
17137 E Falcon Dr
Fountain Hills AZ 85268-4611
Jeff Pierce
480-749-5258
Date of Contract Initiation: July 1, 2022
Date of Contract Expiration: June 30, 2023
Final Project Cost: $100,000.00
Project Description: Tree removal, pruning, insect and disease treatments, and immediate on -
call emergency services for the streets department.
www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com
Reference 3
Fairmont Scottsdale Princess - Landcare
7575 E Princess Dr,
Scottsdale, AZ 85255
David Hizer
480-341-9032
Date of Contract Initiation: January 2022
Date of Contract Expiration: December 2022
Final Project Cost: $140,000.00
Project Description: Tree removal, pruning, insect and disease treatments, and immediate on -
call emergency services for the resort.
Jason Klug
ISA Certified Arborist (WE-12163A)
ISA TRAQ Certified (M5HVZZKB)
office: 480-833-6465
cell: 480-662-3593
EXHIBIT B
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
TOP LEAF TREE SERVICE, LLC
[Quote or Work Order]
See following pages.