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HomeMy WebLinkAboutTuff Shed, Inc.AGREEMENT .01 ZOO 6 J, THIS AGREEMENT is made and entered into on the "SAday of F4. 1 2014 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Tuff Shed, 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. 1) Furnish and intall one Premier Pro Tall Ranch Shed 12' wide by 15' long with 4'x 67" Door SW, 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated February 3, *2014. 3. TERMS. The services ces and/or materials furnished and this Agreement shall commence 2-,1:XS7 / and shall be completed by 3131117 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 five hundred eighty-three dollars and ninety cents ($6,583.90) 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 4 - Short form Updated 4/23/10 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 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. ate—, 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 C 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 Town of Los Altos Hills Page 2 of 4 Short form Updated 4/23110 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 obl'igations 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. §7 RECORDS. All reports, data, maps, models, calculations, photographs, memoranda, plans, studies, specifications, rec S, files, or any other documents or rnaterials, in electronic or any other forI that are prepared or obtained pursuant to this Agreement and that rel ®e to the matters covered hereunder shall be the property of the TOW C TRACTOR hereby agrees to deliver those documents to the TOWN any time upon demand of the TOWN. It is understood and agreed that e documents and other materials, including but not limited to those des ed above, prepared pursuant to this Agreement are prepared specifically r the TOWN and are not N, agreed those des "-4 awr NWW a flCally r the 9 necessarily suitable for any future or other use. ailure by CONTRACTOR to n r no . n n h 1� deliver these documents to the TOWN withi a reasonable time period or as I r P r specified by the TOWN shall be a mater" breach of this Agreement. TOWN and CONTRACTOR agree that untilf' al approval by TOWN, all data, plans, specifications, reports and other ),Vc'uments are preliminary drafts not kept by the TOWN in the ordinary e co L r e i � of business and will not be disclosed to third parties without prior writte Plood6nsent of both parties. All work products submitted to the TOWN pursu pt, o this Agreement shall be deemed a "work for hire," Upon submissiq any work for hire pursuant to this Agreement, and acceptance "e TOWN as complete, non-exclusive title to copyright of said work for D.ior6 shall transfer to the TOWN, The compensation recited in Section 4 shall deemed to be sufficient consideration for said transfer of copyright. .,.,2C KTRACTOR retains the right to use any project records, documents and aterials for marketing of their professional services, Town of Los Altos Hills Page 3 of 4 Short form Updated 4/23110 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 W&ks Director Town of Los Altos .Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: Byp- "Signature Date tA4)1,ej fkW&5:, X, J/1 A Print name, Title TOWN OF LOS ALTOS HILLS: loffl� A Ell zs -10) Carl Cahill, City Manager Date Town of Los Altos Hills Page 4 of 4 Short form Updated 4123/10 Page I of 2 Print Date 2/3/2014 U F F SHED,Inc. Sales Quote Storage Buildings is Garages a Carports Customer Number 1125082 Ship To 1125082 Building WO Order Number 763819 SQ STORE 110 -SAN JOSE 1.000 1.00 Premier Pro Tall Ranch 12' Wide 16' Long 4 x 67' Door SW 931 Cadillac Ct 530.90 Base Paint Color: To Be Determined Trim Paint Color: To BoDetennined 5A9.00 CA Contractor License # 661664B Shingle Color: Dimensional Shingles White Drip Edge Floor Decking Material 3/4" OSB Smart Floor Plus Roofing Material: SilverCrest05/12 Roof Pitch 300.00 - MILPITAS., CA 95035 Permits not included Phone: 408-935-8833 Fax: 408-946-9056 1 -800 -BUY -TUFF Subject to engineering and building departinent requirements Sold To; Ship To: 1,001 Richard Chiu Home: 650-947-2516 Richard Chiu Home: 650-947-2516 27210 Altamont Road Office: - 2721.0 Altamont Road Office: - 1,004 Cell: - Cell: - Los Altos Hills., CA 94022 Fax: - Los Altos Hills, CA 94022 Fax: - Oj-dei- Sub Total rchi-Li@losaltoshills.ca.gov Order Date Requested Customer PO ShipVia Shipping Instructions /Serial Number Sales Person Work Order Numbers 213/2014 Description Item No, Requested Date Line Shipped Price Extended Amount SHEDPRO Premier Pro Shed Series 1.000 1.00 Premier Pro Tall Ranch 12' Wide 16' Long 4 x 67' Door SW 530.90 Base Paint Color: To Be Determined Trim Paint Color: To BoDetennined 5A9.00 400.00 Shingle Color: Dimensional Shingles White Drip Edge Floor Decking Material 3/4" OSB Smart Floor Plus Roofing Material: SilverCrest05/12 Roof Pitch 300.00 - Permits not included Site preparation & concrete foundation not included Subject to Tuff Shod management approval Subject to engineering and building departinent requirements 2261 2'x 2' Skylight 1,001 3.00 2412 Turbine With Base 1,002 1.00 Shed Paint Charge 1.003 1.00 Building Base Price 1,004 1.00 ENGINEERING Non-refundable, fee (if needed) 4,000 1.00 PROMO February buy -more -save -snore 5,000 1.00 Oj-dei- Sub Total 138.00 414.00 94.00 94.00 530.90 53309.00 5A9.00 400.00 400.00 300,00- 300.00 - Sub Total 6,447.90 Sales Tax Delivery 136.00 Order Total 6,583.90 Payments Signature Date Please read the teens and conditions contained in the above referenced warranty. Those terms and conditions are part of this order. Buyer agrees to purchase and pay for the products set foilli in this sales order, including those referenced in the above stated warranty, Final payment is due upon delivery of building. ��DATE AC"R� CERTIFICATE OF LIABILITY INSURANCE (MM/DD/YYYY) 02/13/2014 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 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 1-303-534-4567 IMA, Inc. - Colorado Division CONTACT NAME: PHONEFAX (A/C. No Ext): A/C No E-MAIL den am@imacor .com ADDRESS: P P 1550 17th Street Suite 600 Denver, CO 80202 INSURERS AFFORDING COVERAGE NAIC # INSURERA: TWIN CITY FIRE INS CO (Hartford) 29459 07/01/14 INSURED INSURER B : TWIN CITY FIRE INS CO CO (Hartford) 29459 Tuff Shed, Inc. INSURER C : HARTFORD CAS INS CO 29424 INSURER D: 1777 S. Harrison St. #600 INSURER E: Denver, CO 80210 DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 INSURER F: COVERAGES* CERTIFICATE NUMBER: 38461336 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/Y YYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY 34UUNNO6192 07/01/1 07/01/14 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1-il OCCUR DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 .7 POLICY PRO- XJ LOC JECT $ $ AUTOMOBILE LIABILITY 34UENNJ8730 07/01/13 07/01/14 COMBINED SINGLE LIMIT 1,000,000 Ea accident BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident)$ NON -OWNED X HIRED AUTOS X AUTOS C X UMBRELLA LIAB X OCCUR 34RHUP06515 07/01/1 07/01/14 EACH OCCURRENCE $ 11000,000 AGGREGATE $ 1,000,000 EXCESS LIAB CLAIMS -MADE DED X I RETENTION $ 10, 0 0 0 $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? IN I N/ A 3 4 WBBR2 9 6 4 07/01/12 07/01/14 X WC S LATU- 0TH - ER 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, 0 0 0, 000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Town of Los Altos Hills and its elective and appointed officers, employees, and volunteers are included as Additional Insureds on the General, Automobile, and Excess Liability Policies if required by written contract or agreement subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) ghondrogiannisl 38461336 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Los Altos Hills THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 26379 Fremont Road AUTHORIZED REPRESENTATIVE Los Altos Hills, CA 94022 USA ` ACORD 25 (2010/05) ghondrogiannisl 38461336 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD