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HomeMy WebLinkAboutNorthern California Fire Protection Services, Inc. 04.09.2026THIS AGREEMENT is made and entered into on the I day of April 2026 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Northern California Fire Protection Services, Inc. (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/or materials: Perform a Five -Year Test for Heritage House as required by The State of California Fire Marshall per 2013 California edition. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: qiiiiiipiii 1111 IS 1115011611,011B fflaw. 1.11.10"relyro, RV 111011101M 3. TERMS. The services and/or materials furnished under this Agreement shall commence April 8, 2026, and shall be completed by June 30, 2026, 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 One thousand four hundred ninety dollars and zero cents ($1,490.00) 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 CO NTRACTO R. operates. TOWN is not responsible for paying for - any work done by CONTRACTOR or 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. Town of Los Altos Hills Page 1 of 4 Short form Updated 4/26/22 ME= 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 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: ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $2,000,000.00 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. I Noll 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 Page 2 of 4 Short form Updated 4/26/22 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 c. NON-DISCRIM I NATION. 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. 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 Town of Los Altos Hills Page 3 of 4 Short form Updated 4/26/22 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 Engineer 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 representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. 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: Melissa Elian Associate Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: By: � �� 4/7/26 Signature Date Eddie Rodriguez Estimator Print name, Title TOWN OF LOS ALTOS HILLS: By: Cody Einfalt, Acti g=City Manager Date Town of Los Altos Hills Page 4 of 4 Short form Updated 4/26/22 NORTHERN CALIFORNIA FIRE PROTECTION SERVICES, INC. 16840 Joleen Way Bldg #A -Morgan Hill, Ca. 95037 Office: (408)-776-1580 Fax: (408)-776-1590 License # C16-688213 PROPOSAL#T-40126-145 PROPOSAL SUBMIT TO: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, Ca. 94022 T-650-559-2240 Attn: James Conroy jconroyAlosaltoshills.ca.gov WORK TO BE PERFORMED AT: Heritage House 26379 Fremont Road Los Altos Hills, Ca. 94022 C-650-518-6776 April 1, 2026 NORTHERN CALIFORNIA FIRE PROTECTION SERVICES is pleased to submit this proposal to the individual or firm named above, hereafter referred to as the customer and agrees to provide labor and equipment to: Perform a Five -Year Test as required by The State of California Fire Marshall per 2013 California edition (based on NFPA 25, 2011 edition) Scope of work: 1. Test, Service and Inspection of the fire sprinkler system and components as directed by codes and regulations. 2. Includes complete inspection of sprinklers, piping, bracing etc., riser alarm check valve service/interior inspection, riser & branch line interior obstruction investigation/inspection, exercise control valves lube & service valves and main drain/ tamper/alarm test. 3. The customer agrees to allow up to $750.00 for miscellaneous repairs in order to certify system. This provision is to conserve the customer a return trip charge and will only be used if necessary. 4. Work to be performed during normal business hours 7:30am-400pm M -F System type: Residential wet -pipe automatic sprinkler system. Notes & Exclusions 1. This proposal is based a one -time -only agreement for the five-year test of the fire sprinkler/standpipe system(s) at the above referenced job location. 2. Certification upon fire sprinkler/standpipe system(s) compliance only. 3. System(s) shall be inspected and tested in strict accordance with NFPA 25 2013 California edition (as amended by CCR, Title 19) 4. All System(s) meeting the requirements of NFPA 25 2013 California edition (as amended by CCR, Title 19) shall be properly tagged, at the conclusion of each inspection, with the approved tags noting the date and technician performing the inspection. System(s) must be free from deficiencies prior to the placement of said tag. 5. When the test is complete a California State Report will be generated and sent to the customer by mail or electronic mail. 6. If any code compliance repair work is required by NFPA 25, Nor -Cal Fire will include a repair quote with the report. 7. Payment is due for services after the initial test is completed. 8. If the customer chooses to use another contractor to do any required repair work and/or we are not provided access to all areas for inspection, a re -inspection fee of these areas and items not corrected will be required. 9. Repairs needed in excess of $750.00 will require written approval by customer. 10. All electrical work needed to be done by others 11. Customer to provide complete and total uninterrupted access to all areas at time of inspection or a return inspection fee will be charged. 12. If customer misses their scheduled appointment or access to building is not provided at time of service there will be a $350.00 trip charge. Expedite Option: If you need to expedite service, to have started within 7 working days, additional fee will be $475.00 Initial here: X PAYMENT: THE CUSTOMER AGREES TO PAY THE SUM OF $1,490.00. PAYMENT IS DUE IN FULL ON RECEIPT OF INVOICE AND MUST BE RECEIVED WITHIN 30 DAYS OF THE INVOICE DATE. ALL OVERDUE ACCOUNTS ARE SUBJECT TO A 1.5% MONTHLY INTEREST CARRYING CHARGES. THE UNDERSIGNED HAS READ THIS PROPOSAL, HEREBY AUTHORIZES NORTHERN CALIFORNIA FIRE PROTECTION SERVICES TO PROCEED WITH THE WORK. 4/1/26 Eddie Rodriguez DATE ACCEPTED BY: DATE *PLEASE SIGN AND RETURN TO SCHEDULE * �r-17 0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/Y 4i8/2026 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 Marsh & McLennan Agency LLC Marsh & McLennan Ins Agency LLC 1255 Treat Blvd #950 NAME CT Felicia McAro PHONE FAX a/ N Ext): 925-482-9337 A/C No : 925-482-9390 A DRIESS: Felicia. McAroMarshMMA.com Walnut Creek CA 94597 INSURERS AFFORDING COVERAGE NAIL# INSURER A: Insurance Company of the West 27847 Licenset OH18131 INSURED NORTHCALIF1 Northern California Fire Protection 16840 Joleen Way, Bldg A INSURER B: Hudson Excess Insurance Company 14484 INSURER C: AmGUARD Insurance Company 42390 INSURER D: Morgan Hill, CA 95037 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 910769891 REVISION NUMBER: 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. ILTR TYPE OF INSURANCE ADDLSUBR INSD MD POLICY NUMBER MM/LDD/YYYY Y EFF MM/DD/ EXP LIMITS B X COMMERCIAL GENERAL LIABILITY Y N FSLOO157201 10/1/2025 10/1/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ® OCCUR DAMAGE TO RENTED 500,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 X 5,000 7 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ® CT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: C AUTOMOBILE LIABILITY N N NOAU610982 10/1/2025 10/1/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE $ Per accident HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X $ Comp/Coll: $2,000 Ded. B X UMBRELLA LIAB X OCCUR N N FSL000095601 10/1/2025 10/1/2026 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE FDED I X RETENTION $ 10 00n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? a N / A N WSD507347902 10/1/2025 10/1/2026 X ISTATUTE FORTH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Errors & Omissions N N FSLOO157201 10/1/2025 10/1/2026 $1,000,000 Ea. Claim $1,000,000 Agg. $5,000 Deductible 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 included as additional insured per the attached endorsements. CERTIFICATE HOLDER CANCELLATION O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 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 ACCORDANCE WITH THE POLICY PROVISIONS. Town of Los Altos Hills 26379 Fremont Road AUTHORIZED REPRESENTATIVE Los Altos Hills CA 94022 O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 11NIN*jUKLU: 114VI Ll IVI I I %.00111V1 1110 1 11 V r- I ULIMPLIVI I POLICY #: FSL00157201 EFFECTIVE: 1010112025 I I MM=, MA I W AA # Lei k This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed: Operations Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be. shown in the Declarations. A. Section 11 — Who Is An Insured is 'amended to include as an additional insured the person(s) or organization(s) shown in the: Schedule, but. only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by - "your wor' at thelocation designated and described in the Schedule of this endorsement. performed for that additional insured and included in the "products -completed operations hazard`'. However: I. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provi ded to the additional insured is required by a contract or agreement, the, insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additionalinured, the following. is, added to Section I'll Lim.its Of lnsurance,,,.. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of theadditional insured is the amount of insurance: 1. Requir.ed by the contract or agree menti or 20 Available under theapp ''li0able Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 C Insurance Services Office, Inc., 20-12 Page I of I INSURED: Northern California Fire Protection POLICY #: FSL00157201 POLICY PERIOD: 10101/2025 TO 10101/2026 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 This endorsementmodifies insurance provided under the follow ing- B. Withrespect to the insurance afforded to these additional. insured the fbilowing additional exclusions apply: Th'is insurance does not apply to "bodfly injury" or 'property damage ocourring after. CG 20 10 04 1:3 0 insurance services Office, Inc.., 2012 Pof, I ag,-