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HomeMy WebLinkAboutTrutech Energy Services Inc. 07.23.2026AGREEMENT THIS AGREEMENT is made and entered into on the2; kD day of July 2026 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Trutech Energy 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: Heritage House Project Title 24 Indoor and Outdoor Lighting forms including: NRCA-LTO-02-A NRCA-LTI-02-A NRCI-LTI-E 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: q q q liq 01 I I Zi I 3. TERIVIS. The services and/or materials furnished under this Agreement shall commence July 23,2026 and shall be completed by Decembe� 2026, unless terminated pursuant to Section 5(f). a. TOWN shall pay CONTRACTOR an amount not to exceed eight hundred seventy dollars and zero cents ($870.00) 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 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. 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 5 Short form Updated 4/26/22 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 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. $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. 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 5 Short form Updated 4/26/22 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. 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 5 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 [insert applicable staff title] 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 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4/26/22 CONTRACTOR: z�)tzur a4't' 7/21/2026 Signature Date Drew Felker, CEO Print name, Title TOWN OF LOS ALTOS HILLS: By: Cody Einfalt, (t �yJa/tanager Date Page 4 of 5 Trutech Energy Services Inc. Estimate 530 Andrea Circle 4Trute&iEnergy Livermore, 94550 92566766555 ADDRESS Melissa Elian Town of Los Altos Hills ESTIMATE # DATE 4591 07/13/2026 ACTIVITY QTY RATE AMOUNT T24 Reg 1 870.00 870.00 Title 24 Lighting Certification for Heritage House, 26397 Fremont Road Los Altos Hills, NRCI-LTI-E NRCA-LTI-02-A N RCA -LTO -02A SUBTOTAL 870.00 TAX 0.00 TOTAL $870.00 Accepted By Accepted Date CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/22/2026 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(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 CONTACT Maria Delgado NAME: g PA/C. N Ext): (925) 934-8500 FAX No): (925) 934-8278 Heffernan Insurance Brokers 1350 Carlback Ave. Walnut Creek, CA 94596 E-MAIL ADDRESS: mariade@heffins.com INSURERS AFFORDING COVERAGE MAIC # INSURER A: California Automobile Insurance Company 38342 INSURED INSURER B: Palomar Excess and Surplus Insurance Company Trutech Energy Services, Inc. 7275 National Dr Ste A3 INSURER C: State Compensation Insurance Fund 35076 Livermore, CA 94550 INSURER D: INSURER E: INSURER F: MED EXP (Any one person) $ 25,000 COVERAGESL • 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X( I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE ®OCCUR DAMAGE TO RENTED $ 100,000 PREMISES Ea occurrence MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 2,000,000 B Y ENC0002236-09 03/13/2026 03/13/2027 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS BA040000099059 03/13/2026 03/13/2027 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 B X EXCESS LIAB CLAIMS -MADE ENX0313051-02 03/13/2026 03/13/2027 DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? H N / A 9228001-2026 03/13/2026 03/13/2027 X SPER TATUTE OERH 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 Professional Liability ENC0002236-09 03/13/2026 03/13/2027 Each Claim / Aggregate $2M / $4M B Pollution Liability ENC0002236-09 03/13/2026 03/13/2027 Each Occ / Aggregate $2M / $4M DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Heritage House Project Title 24 Indoor and Outdoor Lighting. The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers is included as additional insured on the General Liability policy per the attached endorsement, if required. Cancellation notice endorsement on the General Liability and Workers Compensation policies is attached. CERTIFICATE HOLDER CANCELLATION The Town of Los Altos Hills Contracts, 26379 Fremont Road Los Altos, CA 94022 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Effective Date: 3/13/2026 PolicyNumber: ENCo002236-o9 Endorsement Number: 3 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Inconsideration of a premium change of, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Additional Insured Person(s) Or Organ ization(s): Location(s) of Covered Operations Any person(s) or organization(s) where this All project locations where this endorsement is required by contract. endorsement is required by contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: CG 20 10 07 04 ©Insurance Services Office, Inc. Page 90 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©Insurance Services Office, Inc. Page 91 Effective Date: 3/13/2026 I PolicyNumber: ENCo002236-og Endorsement Number: 25 NOTICE OF CANCELLATION TO CERTIFICATE HOLDER This endorsement modifies insurance provided under all coverages applicable to this policy. All other terms and conditions of this Policy remain unchanged. In consideration of the premium charged for the Policy, it is hereby understood and agreed that in addition to the provisions of the CANCELLATION AND NONRENEWAL clause, in the event this Policy is cancelled or non -renewed by the Company, the Company will endeavor to deliver to the following listed party(ies) or to send to the following listed party(ies) by facsimile transmission, registered, certified or other first class mail, at the address stated below, written notice stating when not less than 3o days after the date of such notice the cancellation or non -renewal shall be effective. However, this advance notification of pending cancellation of coverage is intended as a courtesy only. Company's failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. Certificate Holders: All certificate holders requiring this endorsement as kept on file by the Agent of Record. EVA123 12/2o16 Page 122 Endorsement Agreement Certificate Holders' Notice Home Office San Francisco All Effective Dates are at 12:01 AM Pacific Standard Time or the Time Indicated at Effective March 13, 2026 at 12:01 AM Pacific Standard Time TRUTECH ENERGY 530 ANDREA CIR LIVERMORE, CA 94550-7208 9228001-2026 Renewal NA 9-95-50-92 Page 1 of 1 Anything in this policy to the contrary notwithstanding, it is agreed that this policy shall not be cancelled until: 30 days after written notice of such cancellation has been placed in the mail by State Fund to current holders of certificate of workers' compensation insurance. Nothing in this endorsement shall be held to vary, alter, waive or extend any of the terms, conditions, agreements, or limitations of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary, alter, waive or limit the terms, conditions, agreements or limitations in this endorsement. Countersigned and Issued at San Francisco March 24, 2026 2065 Authorized Representative President and CEO SF — END Rev. 2/2025 OLD DP 217