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HomeMy WebLinkAboutMightyMite Termite Services Agreements 03.18.2026A "REEMENT lu THIS AGREEMENT is made and entered into on the 18th day of March 2026 by and between the - TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and MightyMft,D Termite Services (hereinafter referred _to is as_11C0NTRAQT0R In consi armor o their mutual covenants, the parties hereto agree as follows: CONTRACTOR. Shall provide or furnish the following speed services and/or materials: Termite treatment for the Heritage House using the following methods: I. Drywood Termite Treatment Fumigatfon using Vikane Gas. 2. Subterranean Termite Treatment on Interior & Pier Posts using Termidor sc. 2. EXH The following attached exhibits are hereby incorporated 'Into and made.^. part of this Agreement,-, Proposal from CONTRACTOR dated January 29., 2026 3. TERMS. The services and/or materials furnished under this Agreement shall commence March 19., 2026, and shall be completed by June 30, 2026, unless terminated pursuant to Sec;tion 4. COMPENSATION. For the full performance of this Agreement.: a. TOWN shall pay CONTRACTOR an amou . nt not to exceed Five thousand four hundred fifty seven dollars and zero cents ($5,467.00) wn thirty (30) days .following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of thjs* Agreement and only upon sat'isfactory delivery1completion of goods/servicesmanner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying* for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount.. 6. Town shall not reimburse for any of CONTRACTOR's costs or expen'ses to defiver 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/employeeslagents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Tarn of Los Altas Hills Page I of 4 ShaFf �= UpdaWd 4126122 HOLD HARMLESS. CONTRACTOR agrees to indemnify,, defend and hold harmless the TOWN, its officers, agents and employees from any and all dernands, claims or flabil-ity--of Personal Injury- (inciuding-_ d- ath-) and -property -damage--of -any nature, caused by or aiising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOKS work product, CONTRACTOR agrees to indemnif�, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to theextent caused by the negligent Performance of CONTRACTOR under this Agreement. INSURANCE. CONTRACTOR shall file with the TOWN a Certificate of insurance before commencing any services under this Agreement as follows: IT-VORKERS COMPENSATION INSURANCE: Minimum statutory limits COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $2,000,000.00 per occurrence includ' ing comprehensive form, personal injury, broad form personal dama'ge, 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. AUTOMOBILE INSURANCE: $1 .000,000-00 per occurrence. v. NOTICE OF CANCELLATION: The CftY requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording IF en'deavor toll or "but failure to mail such notice shall impose no obligation or liability of any kind upon the cDmpany, Its agents or repr�qsentatives." vi. CERTIFICATE- OF INSURANCE: Prior to commencement of services evidence ofin r n coverage must be shown by a properly executedl certificate of insurance and 'it shall name "'The Town of* Los Altos Hills., its efecdve 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: Tuwn of Los Altos Hills Page 2 of 4 ShO klim Vpdatad 426M ' Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 c. NO-N-DISCRIM -INATION. No discrimination -_all -be -made--its --the- -employment of persons under this Agreement because of the race, w1 r, national origin, age, ancestry, religion or sex of such person. TAft own of Los s Hills Page 3 of 4 -Shod form Updated 4M22 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 the Associate En-g-inee -r - and - the pity Manager -as Contract Administrator for-this--agreemenL The CONTRACTOR shall only take direct -ton regarding theseivices provided under this Agreement from the Contract Administrator. Furthermore,, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference or wdften communication between any Town representative including Committee members and the CONTRACTOR. The TOWN may modiN the Contract Administrator at any time upon providing written notice to the CONTRACTOR. L ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parti6s. 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. Thi's Agreement shall become effective upon its approval and execution by TOWN. Ir I - witness whereof, the parties have executed this Agreement the day and . year first wriften above. CONTRACT COORDINATOR and representative for TOWN .- Melissa Elian Associate Engineer I own of Los Altos Hills PT -6379 Fremont Road r :1 :;-os Altos HIP11s, CA 940Zi Jk TOWN OF LOS ALTOS HILLS: ty: y Einfalt, t in ity Managor Date Town of Los Altos Hills Short form Page 4 of 4 Updated 412&22 WORK AUTHORIZATION CONTRACT Street Address City Zip Inspection Date Page Number 26379 Fremont Rd Los Altos Hills 94022 01-29-2026 1 of 2 CaMightyMlte Termite Services Report # 0054163-1.I 215 E. Hacienda Avenue Campbell, CA 95008 Phone: (888) 661-1003 Fax: (408) 377-3802 www.migh yrnitetermite.com Registration # PR6433 Itemized Cost Breakdown (refer to items on report) Treatment Bid Items 1A $2,500.00 Treatment Bid Total: $2,500.00 Optional Bid Items 2A $2,957.00 Optional Bid Total $2,957.00 'PLEASE NOTE THAT THE PRICE ON THIS CONTRACT IS THE FINAL PRICE AND THAT ALL APPLICABLE DISCOUNTS HAVE ALREADY BEEN APPLIED' THIS IS A BINDING CONTRACT between our company and lames Conroy, and incorporates our termite report # 0054163 -LI dated 01-29-2026 for real property located at 26379 Fremont Rd, Los Altos Hills, CA 94022. Items on the report may contain provisions for additional costs over and above the original estimate. Please read the report carefully and completely. FOR WARRANTY INFORMATION, PLEASE SEE THE BOTTOM OF PAGE 5 OR TOP OF PAGE 6 OF YOUR INSPECTION REPORT #0054163-1.I. CONDITIONS: 1. PAYMENT TERMS: Payment is due in full on the date of the work being completed, unless prior arrangements have been made. If payment is not received on the date that the work is completed, a $50.00 charge may be added to your bill and a 1.5% interest charge will be added for every 30 days payment is past due. 2. This offer is limited to 4 months from the date of the report. 3. If further inspection is recommended, or if additional work is required, we will provide prices or recommendations for correction. Interested parties will be notified prior to any work being done. 4. Notice to owner of Mechanic's Lien as required by the Structural Pest Control Board: Under the California Mechanics Lien Law, any structural pest control operator who contracts to do work for you, any contractor, subcontractor, laborer, supplier or other person who helps to improve your property, but is not paid for his work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your contractor in full if the subcontractor, laborers or suppliers remain unpaid. To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document entitled "Preliminary Notice". General contractors and laborers for wages do not have to provide this notice. A Preliminary Notice is not a lien against your property. Its purpose is to notify you of persons who may have a right to file a lien against your property if they are not paid. 5. We will use due caution and diligence in their operations and care will always be taken to minimize any damage, but assumes no responsibility for matching existing colors and styles, or for incidental damage to roof coverings, TV antennas, solar panels, rain gutters, plant life, paint or wall coverings. There may be health related issues associated with the structural repairs MIGHTYMITE TERMITE SERVICES WORK AUTHORIZATION CONTRACT Street Address city Zip Inspection Date Page Number 26379 Fremont Rd Los Altos Hills 94022 01-29-2026 2 of 2 reflected in the inspection report referenced by this work authorization contract. These health issues include but are not limited to the possible release of mold spores during the course of repairs. We are not qualified to and do not render any opinion concerning such health issues or any special precautions. Any questions concerning health issues or any special precautions to be taken prior to or during the course of such repairs should be directed to a Certified Industrial Hygienist before any such repairs are undertaken. By executing this work authorization contract, customer acknowledges that he or she has been advised of the foregoing and has had the opportunity to consult with a qualified professional. C. This report is limited to the accessible areas of the structure shown on the diagram. Please refer to the report for areas not inspected and further information. 7. TERMITE TREATMENT TERMS OF PAYMENT. We agree to pay the sum of upon the completion of work on the day of treatment., unless prior arrangements have been made. . E. We authorize this company to perform items SIGNED (if authorizing party is not owner of said property) OWNER OR OWNER'S AGENT(PRINT NAME) for a contract price of DATE DATE OWNER OR OWNER'S AGENT It is assumed that if an agent orders work on the owner's behalf, and that they were notified prior by said agent, that if payment is not made by the agent it will be the responsibility of the owner to produce payment. MightyMite Termite Services James Conroy From: noreply@salesforce.com on behalf of MightyMite Support <support@ mig htymitetermite.com > Sent: Tuesday, March 10, 2026 11:56 AM To: James Conroy Subject: MightyMite Termite Treatment Confirmation James Conroy,, This email is to confirm that a termite treatment has been scheduled for your property located at 26379 Fremont Rd Los Altos Hills, CA 94022,. on 3/19/2026 at 9:00 AM. In order to provide treatment service, please be sure that: 1) The owner or other responsible party who can sign the work contract will be present at the time of the arrival of the treatment crew. If you will not be present to sign the work contract, please fax or email a signed copy of the work contract to our office prior to the scheduled treatment date. 2) Access to all areas to be treated will need to be made available to the crews upon their arrival. 3) The Crew will need access to an exterior water source that can fit a standard garden hose and a power source, either indoors or outdoors, capable of accommodating a standard extension cord. 4) Payment is due upon completion of the treatment, unless prior arrangements with our operations office have been made. Payment methods accepted are: Check, Cash, Visa, Mastercard, or Cashier's Check.. 5) In instances of poor weather conditions, MightyMite Termite will plan on arriving at your property to provide any services they can perform safely and properly. In some cases, an additional service date may be required to complete the remaining portion of the treatment when weather permits. A partial payment will be collected on the initial treatment date, and the remaining balance collected upon completion of the treatment. MightyMite termite employees will wear shoe covers while entering your home to protect your floors. We will lay tarps down when entering and exiting your attic and crawlspace. All MightyMite Termite employees are licensed by the State of California and will provide you with a thorough and professional service. Should you have any questions regarding the work to be performed please feel free to call our main office at 888-661- 1003 or email us at info@mightymitetermite.com. I Thank you for choosing MightyMite Termite! .�-1 0 A4C<?R" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 17 03/226 /0 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(ies) 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 DeSando Insurance Services, LLC. CONTACT Megan Morris FAX (AICPHONE : (408) 268-3333 (//C No): EMAIL ADDRESS.: megan@desandoins.com 6081 Meridian Ave Ste 70-125 INSURERS AFFORDING COVERAGE NAIL # INSURER A: Accelerant Specialty Insurance Company 16890 San Jose CA 95120 INSURED INSURER B: Infinity Select Insurance Company 20260 INSURER C: Mightymite Termite Services INSURER D: 215 E Hacienda Ave INSURER E: INSURER F: Campbell CA 95008 III M_Mm ►, 114• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE 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. I T R LTR OF INSURANCE ADDLTYPE IN= WDUBR POLICY NUMBER MMi D/POLICY EFF MM/LD®� LIMITS X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE ® OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 X Primary & Non -Contributory PERSONAL &ADV INJURY $ 2,000,000 A X LIP0007OPK000391-02 01/24/2026 01/24/2027 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY ® ECT LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 11000,000 Ea accident BODILY INJURY (Per person) $ X ANY AUTO B OWNED SCHEDULED AUTOS ONLY AUTOS 50002403801 01/24/2026 01/24/2027 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X HIRED X NON -OWNED AUTOS ONLY /� AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. PER STATUTE I KTH EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? H N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Errors & Omissions Each Occurence: $2,000,000 A LIP0007OPK000391-02 01/24/2026 01/24/2027 General Aggregate: $0001000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers are named as additional insureds for general liability, per attached endorsement. CERTIFICATE HOLDER CANCELLATION 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. AUTHORIZED REPRESENTATIVE 26397 Fremont Road Los Altos Hills CA 94022^�- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: LIP0007OPK000391-02 This endorsement modifies insurance provided under the following: I'SNE4901, on Ago T a ,ff V 0, The insurance provided by this endorsement shall not serve to increase our limits of insurance as described in SECTION III -LIMITS OF INSURANCE. A. SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for: 1. "Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for that additional insured; and 2. "bodily injury", "property damage" included in the "products -completed operations hazard" with respect to "your work" performed for that additional insured. B. Only with respect to the insurance afforded to any additional insureds by this endorsement, paragraph 4. Other Insurance, subparagraph a. Primary Insurance of SECTION IV ® COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to read as follows: This insurance shall be considered primary if any other valid and collectible insurance is available to any person or organization included as an additional insured under this endorsement and such other insurance shall be excess of and will not contribute to the insurance afforded by this endorsement. C. Only with respect to the' insurance afforded to any additional insureds by this endorsement, paragraph 8. Transfer Of Rights of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: We will waive any right of recovery we may have against any person or organization added as an additional insured under the terms of this endorsement against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" included within the products completed operations hazard done under a contract or agreement with that person or organization." S GL 0070 00050 12-22 Page 1 of 1