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Home My WebLink AboutRoyal Truck BodyAGREEMENT THIS AGREEMENT is made and entered into on the Gs6day of Xct- -' 1 201 5 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Royal Truck Body (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: 1) Furnish and install equipment for the 2007 Ford/F250/SRW/Extended Cab/40"CA. (EXISTING PICK-UP BED TO BE RETURNED.) 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement Proposal from CONTRACTOR dated April 14, 2015 3. TERMS. The services and/or materials furnished under this Agreement shall commence G-5--;?,,atrand shall be completed by, ;-, 2,cjr, 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 Eleven thousand five hundred twenty-three dollars and twenty cents ($11,523.20) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agree'ment and only upon satisfactory delivery/completion of goods/services in a manner consistent with profession alAnd ustry 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 I of 4 $hat f= UpdaW 4=10 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: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. 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 premisestoperation, 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." A. 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 Town of Los Altos Hills Page 2 of 4 Short I" Upfttad 4W 10 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 for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Altos H El Is Page 3 of 4 shat kxm Vpda4od 4Q3/10 h, 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: Richard Chiu Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Ne-e--jd Cfedrl- WppljCa-�7oil filled ou}- ��-e cue em �gppro�e N -3o 1�,,y ACCbuAr Town of Los Altos Hills Shod f"M UjxWog 4=10 CONTRACTOR: By: _ IV4"Lc �,u�., J5 --.5 . l S Signature Date �I 1 cl'�e.l� W �cd�' � �e �P� � Print name, Title TOWN OF LOS ALTOS HILLS: Ift Y: Carl Cahill, C4 Manager Date Page 4 of 4 2,007/CUS TIOMER.$ UNIT/FORD./"`F2501SRWfE-XTE.NDED CAB,140"CA UNION CITY BUILD BUILD/UNION CITY MOUNT FRS 1088:412.4,041.0000 .04100 4f 77" X T STAKEBED 501,50 HEADBOARD, LEGAL LIGHT PA CKAGE, ROYAL MUD .FLAPSt DOCK BUMPERr 1.0.5`.*.HIG�1STAINL.E$S STEEL GATES W/2 ROWS OF WOOD SLATS $TACKED,' IGHT CERTIFICATE, PAINTED BLACK AND INSTALLED. Continued 02 01 ROYAL TRUCK DATE ENTERED TRUCK ORIGIN :)ATE REQUESTED BODY 411412015 CUST 930 WHIPPLE ROAD 'WRI77EN BY SALESMAN! 'ERR DATE PROMISED UNION CITY, CA.94587 PHONE.- 510-477-8425 mw c MLO MLO FAX: 866-236, 7141 END.USER (IF DIFFERENT THAN SOLD TO CUSTOMER NO. COLA CITY OF LOS ALTOS S WILL CALL-UNION CITY 0 707.FREEMONT.AVE. 171 L D Los.Altos, CA 94024 I p ST,0,R R TERMS H1 t.. CUSTOMER NAME cu P 410NE NO 00 JACOB ASFOUR VAKE TRU—CK 77EAR MODEL COLOR CA DIM IDUAL_SING. LE, DOOLEY NUX 'ENGINEERED BY Ford 04 F250, WHITE 40 x 3TOCK NO. VIA NO. 13ED WIDTH I COM.PT. DEPTH ... _0VE I PALL WIDTH 2,007/CUS TIOMER.$ UNIT/FORD./"`F2501SRWfE-XTE.NDED CAB,140"CA UNION CITY BUILD BUILD/UNION CITY MOUNT FRS 1088:412.4,041.0000 .04100 4f 77" X T STAKEBED 501,50 HEADBOARD, LEGAL LIGHT PA CKAGE, ROYAL MUD .FLAPSt DOCK BUMPERr 1.0.5`.*.HIG�1STAINL.E$S STEEL GATES W/2 ROWS OF WOOD SLATS $TACKED,' IGHT CERTIFICATE, PAINTED BLACK AND INSTALLED. Continued S , TY OF LOS ALTOS 707 FREEMONT AVE. L t) Los Altos, CA 94024 S WILL CALL -UNION CITY H p 2 1 /SP -ACC 2 ISP -ACC 1 ISP -ACC WH.ELEN. L31HAF SUPER LEP LIG LIGHT. WIPED 70 ONE M.OU ON -CAB CUT OFF SWITCH (N,TwONE ON EACH SIDE OF THE PAC K) WHELEN L360BGB BRANCH GUANO FOR L31H.AF STROBE LIG HT WHELEN M 15 TACF85:45" LONG CONS SUPER.LED TRAFFIC ADVISOR (MOUNT UNDE'FR R.ONT CROSS BAR RIGHT BEHIND CAB 22, -1 PATCH -IT T.IE-DOWNS, PAIR (MOUNT TWO PER S'IDE OF RACK) 795,0000 1 1,590.00 t1q5+0000 1:195.00 .228.00,00 456,00 Continued 026801 DATE ENTERED TRUCK ORIGIN DATE. REQUESTED 4114/15 CUST WRITTEN BY SALESMAN. TR DATE PROMISED ... MLO I.MLO ........ END USER (IF DIFFERENT THAN SOLD TO) CUSTOMER NO: COLA S WILL CALL -UNION CITY H p 2 1 /SP -ACC 2 ISP -ACC 1 ISP -ACC WH.ELEN. L31HAF SUPER LEP LIG LIGHT. WIPED 70 ONE M.OU ON -CAB CUT OFF SWITCH (N,TwONE ON EACH SIDE OF THE PAC K) WHELEN L360BGB BRANCH GUANO FOR L31H.AF STROBE LIG HT WHELEN M 15 TACF85:45" LONG CONS SUPER.LED TRAFFIC ADVISOR (MOUNT UNDE'FR R.ONT CROSS BAR RIGHT BEHIND CAB 22, -1 PATCH -IT T.IE-DOWNS, PAIR (MOUNT TWO PER S'IDE OF RACK) 795,0000 1 1,590.00 t1q5+0000 1:195.00 .228.00,00 456,00 Continued CITY OF LOS ALTO$ 0 707 FRE'EMONT. AVE. .94 L Los Altos, CA 024 01 V MkTE ENTERED TRUCK ORIGIN :)ATE REQUESTED 4/14/2015 CUST WRITTEN BY SALESMAN TERR DATE PROMISED mwc MLO MLO END US,ER (IF DIFFE,RENT THAN SOLD TO) CUSTOMER COLA S WILL CALL- U,NION, CITY p FSK FORD FUEL KIT Need i� �j�l-s o� vin � �ytase 320.0000 1 320,00 THANK YOU FOR CHOOSING ROYAL TRUCK BODY!, I Al Fre'qht.- 345,00 DEPOSITAMT CHECK NO DRIVER'S LIC, EXP DATE Rr-ELEASEDBY Net Order. 10,167.00 DATE RECEIVED BY' KEY NO. -ATE Sales Tax: - 1,011.20 D 11,52320 In Consideration. a you to ramovo your vehict MOM707* Promises. porio, full Payment of the undadying work RAND TOTAL: of flloWin l 'A undem., hemby agmen thot if any livgefion arises out of )a ourt COOS ond attonle)e$ fte$- n le this transiac-ll 1. 1-0 rciombu*rsemerlt for c