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Home My WebLink AboutSmelly Mel's Plumbing (8)This AGREEMENT is made and entered into on the) ay of April 2024 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Smelly Mel's Plumbing (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and materials: Electric Water Heater at Westwind Barn - Furnish and install a new 50 -gallon electric water heater - Remove and dispose existing water heater off-site 2. EXHIBITS, The following attached exhibits are hereby incorporated into and made a part of this Agreement: 3. TERMS. The services and/or materials furnished under this Agreement shall commence 4/15/24 and shall be completed by 4/19/24, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed Six Thousand One Hundred twenty one dollars and zero cent ($6,121) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR 6r any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal Injury (including death) and property damage of any Town of Los Altos Hills Page I of 4 Short form Updated 4/26/22 nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000,00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation, Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. Town of Los Altos Hllls Page 2 of 4 Short form Updated 4/26122 d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire," Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non- exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. h. CONTRACT ADMINISTRATION, The TOWN hereby designates Utility Engineering Manager and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town Town of Los Altos Hills Page 3 of 4 Short form Updated 4/26122 representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. i. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: CONTRACTOR: Daniel Liang W/ �' Utility Engineering Manager a�/�/ Town of Los Altos Hills By: 26379 Fremont Road 6ignature Date Los Altos Hills, CA 94022 "19 bu?N)r�)Au M Print name, Title TOWN OFHILLS: By: 2y PeterPir S;d. HILLS: Ma Manager Date Town of Los Altos Hills Page 4 of 4 Short form Updated 4/26122 Daniel Liau From: Michael Schloetter Sent: Tuesday, April 9, 2024 11:12 AM To: Daniel Liang Subject: Fwd: Your Estimate (26636 Altamont Road, Los Altos Hills, CA 94022 USA) from Smelly Mel's Plumbing, Inc. Thanks, Michael Schloetter Maintenance Superintendent Town of Los Altos Hills 26379 Fremont Road, Los Altos Hills, CA 94022 P: 650-947-2542 1 C: 650-531-51231 F: 650-941-3160 C: mscHimStU toshills.ca.gov informed. Sig -up to take Town Surveys! From: Smelly Mel's Plumbing, Inc. <noreply-x439160@servicetitan.com> Sent: Tuesday, April 9, 2024 10:27:40 AM To: Michael Schloetter <mschloetter@losaltoshills.ca.gov> Subject: Your Estimate (26636 Altamont Road, Los Altos Hills, CA 94022 USA) from Smelly Mel's Plumbing, Inc. You don't often get email from noreply+439160@servicetitan.com. Learn why this is important Hello Town of Los Altos Hills, Please find your estimate(s) from Smelly Mel's Plumbing, Inc. attached below! When you would like to bool<one of these services, please give our office a call at (650) 738-2030! Click here to view your estimate(s) Sincerely, Your Friends at Smelly Mel's Plumbing, Inc. SPjrr) Hello, this is your estimate Location: 26636 Altamont Road, Los Altos Hills, CA, 94022 [est Install a 50 gallon electric water heater with expansion tank and drip pan Your Price $6,121.00 Summary Install a 50 gallon electric water heater with expansion tank and drip pan WHE-120 Your Price $2,896.00 Install a 50 gallon electric water heater. Heat pump WHA -100 Your Price $3,225.00 labor WHA -130 Your Price $0.00 removal of existing Subtotal $6,121.00 Tax $0.00 Total $6,121.00 Jog to 40791008 ASR" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12/21/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Roham Tayebi NAME: Capital Providers Insurance A C No Ext : (818) 676-0016 plc No : (818) 678-0015 E-MAIL roham@cpisgroup.com ADDRESS: License #OH52316 INSURER(S) AFFORDING COVERAGE NAIC # 20750 Ventura Blvd., Ste 305 INSURERA: Associated Industries Insurance Company 23140 Woodland Hills CA 91364 INSURED INSURER B : Security National Insurance Comparly 19789 Mike Allen INSURER C : Hartford Casualty Insurance Company 29424 300 Shaw Rd INSURER D : INSURER E: INSURER F: S San Francisco CA 94080 COVERAGES CERTIFICATE NUMBER: 23-24 BA, GL, XS & WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ® OCCUR DAMAGE TO RENTED Ea occurrence $ 50,000 -PREMISES MED EXP (Any one person) $ 1,000 PERSONAL &ADV INJURY $ 1,000,000 A Y AES123770600 12/18/2023 12/18/2024 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 X POLICY PES F—]LOCPRODUCTS-COMP/OPAGG $ 2,000,000 Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident _ BODILY INJURY (Per person) $ ANYAUTO B OWNED X SCHEDULED AUTOS ONLY AUTOS Y SPP1818396 00 12/20/2023 12/20/2024 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X HIRED �/ NON -OWNED AUTOS ONLY /� AUTOS ONLY Uninsured motorist $ 1,000,000 X UMBRELLA OCCUR V�"��"`"�" ��"y'� �� 4,000,000 EACH OCCURRENCE $ AGGREGATE $ 4,000,000 A EXCESS LIAB HCLAIMS-MADE Y XLS2003349 12/18/2023 12/18/2024 DED I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITYYIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA 72WECBA7VIJ 10/27/2023 10/27/2024 PER OTH- STATUTE ER -_ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Town, it's elected or appointed officials, employees and volunteers are included as additional insured on the general liability policy, primary & non-contributory with respect to the operations of the named Insured per attached endorsement. Also, included as an additional Insured on the auto liability policy, primary & non-contributory with respect to the operations of the named insured per attached endorsement. Umbrella policies follows form for the underlying policies with respect to the operations of the named insured per attached endorsement. CERTIFICATE HOLDER CANCELLATION @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Los Altos Hills ACCORDANCE WITH THE POLICY PROVISIONS. 26379 Fremont Road AUTHORIZED REPRESENTATIVE Los Altos Hills CA 940221;~ @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD