CONTRACT 5822 One Page Service AgreementAgreement No. 5822
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Services Agreement
CONTRACTOR: Western Skate Design DATE MAILED: 11/06/19
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of EI Segundo.
Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please include.
Commercial general liability Insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 0111 85 or 88. The
amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for
the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as "additional insured's" under
said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be
carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a "claims made," basis and will not be
cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Please find additional Terms and
Conditions on the reverse side of this Services Agreement. This is not a purchase order or an authorization to begin work.
® Comorehensive General Liability., including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence.
® Auto Liability, including owned, non -owned and hired vehicles with at least:
® $1.000.000 per occurrence.
❑ $100.000.300.000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers' Compensation . Insurance: as required by State Statutes. (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
® Business License: The CONTRACTOR shall agree to have a current City of EI Segundo license on file at City Hall or purchase said
license (at no cost to the City).
❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the Planning
Manager @ (310) 524-2340 if you have questions.
❑ Co ,y of valid picture I,D. (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIORTO THE ISSUANCE OF A CITY PURCHASE
ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF
WORK FOR THE CITY.
Submitted lav (comolete all blanks): COLOR COPY REQUIRED BACK TO THE CITY
Company Name:
By (Print name & title):
WESTERN STATE DESIGN, INC.
MARIANNE LENCI, CONTROLLER
Company Street Address:or'
Who 'zed Si nature, Ired:
11
'
2331 TRIPALDI WAY
City, State, Zip:
Date signed:
HAYWARD, CA 94545
1110612019
Phone:
FAX:
5101931.59535101763-9748
.........................
.........................
Vendors Email address:
Vendor's Web site:
MLENCI@WESTERNSTATEDESIGN.COM
WWW.WESTERNSTATEDESIGN.COM
Originator/Department 9inal agreement
Contact: d Insuranceto:City Lynn DofnE� SeguDnedo — City Clerk 350 Main Street, Room 5, EI Segundo,
ntl ated; 90(45.3813 �
Department Head Approval: Chris Donovaik fte Chief Date Approved: t „.
'ova
Insurance � City e°
Cit Atorne Maraga City erk
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City of EI Segundo—Onsite Services Agreement with Western State Design 11.06.2019
11/6/19
1.01'ENERALLY, The materials, supplies, or services (collectively, "Purchase")
covered by this services agreement and purchase order ("order') must be
furnished by Seller subject to all the terms and conditions contained in this order
which Seller, in accepting this order„ agrees to be bound by and comply with in
all particulars, No other terms or conditions are binding upon the parties unless
subsequently agreed to in writing. Written acceptance or shipment of all or any
portion of the Purchase covered by this order constitutes unqualified acceptance
of all terms and conditions in this order, The terms of any proposal referred to
in this order are included and made a part of the order only to the extent it
specified the Purchase ordered, the price, and the delivery, and then only to the
extent that such terms are consistent with the terms and conditions of this order,
2.I1,111SPECTiON. The Purchase furnished must be exactly as specified in this
order, free from all defects in Seller's performance, design, workmanship, and
materials, and, except as otherwise provided, is subject to inspection and test
by City at all times and places. If, before final acceptance, any any Purchase is
found to be incomplete, or not as specified, City may reject it, require Seiler to
correct it without charge, or require delivery of such Purchase at a reduction in
price that is equitable under the circumstances. If seller is unable or refuses to
correct such items within a time deemed reasonable by City, City may terminate
the order in whole or in part, Seller bears all risks as to rejected Purchases and,
in addition to any costs for which Seller may become liable to City under other
provisions of this order, must reimburse City for all transportation costs, other
related costs incurred, or payments to Seller in accordance with the terms of this
order for unaccepted Purchases. Notwithstanding City's acceptance of any
Purchase, Seller Is liable for latent defects, fraud, or such gross mistakes as
constitute 'fraud,
3.CHANf3ES. City may make changes within the general scope of this order in
drawings and specifications for specially manufactured supplies, place of
delivery, method of .'shipment or packing of the order by giving notice to Seller
and subsequently confirming such changes in writing, if such changes affect
the cost of or the time required for performance of this order, an equitable
adjustment in the price or delivery or both must be made. No change by Seller
is allowed without City's written approval. Any claim by Seiler for an adjustment
under this section must be made in writing within thirty (30) days from the date
of receipt by Seller of notification of such change unless City waives this
condition in writing. Nothing in this section excuses Seiler from proceeding with
performance of the order as changed.
4. TERMINATION. City may terminate this order at any time, either verbally or
in writing, with or without cause, Should termination occur, City will pay Setter as
full performance until such termination the unit or pro rata order price for the
performed and accepted portion of the Purchase, City may provide written
notice of termination for Setters default if Seller refuses or fails to comply with
this order. If Seiler does riot cure such failure within a reasonable time period,
or fails to perforin the Purchase within the time specified (or allowed by
extension)„ Seiler will be liable to City for any excess costs incurred by City.
5JIM1E EXTENSION, City may extend the time for completion if, in City's sole
determination, Seller was delayed because of causes beyond Seller's control
and, without Seller's fault or negligence. In the event delay was caused by City,
Sellers sole remedy is limited to recovering money actually and necessarily
expended by Seiler because of the delay, there is no right to recover anticipated
profit.
6.REMIEDIES CUMULATIVE, City's rights and remedies under this order are
not exclusive and are In addition to any rights and remedies provided by few,
7.TITL.E. Title to materials and supplies purchased under this order pass directly
from Seiler to City upon City's written acceptance following an actual inspection
and City's opportunity to reject.
$,PAYMiENT, City will pay Seiler ager receiving acceptable invoices for
materials and supplies deigvered and .ac'cep'ted or services rendered and
accepted. City will not pay cartage, shipping, packaging or boxing expenses
u'ntess specified in this order. Drafts will not be honored,
9.11NDEMI'N'IFICATION. Seller agrees to indemnify and hold City harmless from
and against any clairn, action„ damages, costs (including, without limitation,
attorney's fees), injuries„ or liability, arising out of the Purchase or the order„ or
their performance,
Agreement No. 5822
Should City be named in any suit, or should any claim be brought against it by
suit or otherwise, whether the same be groundless or not, arising out of the
Purchase or order, or their performance, Seller will defend City (at City's request
and with counsel satisfactory to City) and indemnify City for any judgment
rendered against it or any sums paid out in settlement or otherwise.. For purposes
of this section City" incl'u'des City's officers, elected officials, and employees. It
is expressly understood and agreed that the foregoing provisions will survive
termination of this order. The requirements as to the types and limits of
insurance coverage to be maintained' by Seiler, and any approval of such
insurance by City, are not intended to and will not in any manner limit or qualify
the liabilities and obligations otherwise assumed by Seller pursuant to this order,
inciuding, without limitation, to the provisions concerning indemnification.
10.WARRANTY. Selt'er agrees that the Purchase is covered by the rnost
favorable commercial warranties the Seller gives to any customerfor the same
or substantially similar supplies or services, or such other more favorable
warranties as is specified in this order, Warranties will be effective
notwithstanding any inspection or acceptance of the Purchase by City.
III ASSICNMtENT. City may assign this order. Except as to any payment due
under this order, Seller may not assign or subcontract the order without City's
written approval. Should City give consent, it will not relieve Seller from any
obligations under this order and any transferee or 'subcontractor will be
considered Seller's agent.
12,INSURANCE. Seller must provide the insurance indicated on the face sheet
of this Services Agreement.
13.11PERMIITS. Seller must procure all necessary permits and licenses, and abide
by all federal, state, and local laws, for performing thi's order,
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seiler will act as
an independent contractor and will have control of all work and the mariner 'On
which is it performed. Seller will be free to contract for similar' service to be
performed for other employers while under contract with City, Seiler is not an
agent or employee of City and is not entitled to participate in any pension plan,
Insurance, bonus or similar benefits City p'rovide's for its employees.. Any
provision in this order that may appear to give City the right to direct Seller as to
the details of doing the worts or to exercise a measure of control over the work
means that Seller will follow the direction of the City as to end results Of the worts
only,
15.WAIVER, City's review or acceptance of, or payment for, work product
prepared by Seller under this order will not be construed to operate as a waiver
of any rights City may have under this Agreement or of any cause of a'ct'ion
arising from Seller's 'performance A waiver by City, of any breach of any term,
covenant„ or condition contained in this order will riot be deemed to be a waiver
of any subsequent breach of the same or any other term„ covenant, or condition
contained in this order, whether of the same or different character,
16.IN'TERPRETATION. This Agreement was drafted in, and will be construed
in accordance with the laws of the State of California, and exclusive venue for
any action involving this agreement will be in Los Angeles County,
17. PREVAILING WANES. tl required by applicable state law including,, without
limitation Labor Code §§ 172.0 (as amended by AR 975 (2001)), 1771, 1774,
1775, and 1776, CONTRACTOR must pay its workers prevailing wage, it is
CONTRACTOR'S responsibility to interpret and implement any prevailing wage
requirements and CONTRACTOR agrees to pay any penalty or civil damage
resulting from a violation of the prevailing wage iaws, in accordance with Labor
Code § 17712, copies of the prevailing fate of per diem wages are available
upon request from CiT'Y"s Engineering Division or the webslle for State of
California Prevailing wage determination at hili'.Y.I, yww.dir;ga,gfavPDLgB PWt . A
copy of the prevailing rate of per diem wages must be posted at the job .site.
18. CONSIDERATION. As consgderatton. CITY agrees to pay CONTRACTOR
for CON'TRACTOR's services not to exceed a'total of $101,000 (ten -thousand
Dollars) annually for the work. CITY will pay for work as specified m the attached
Exhibit'A„” which is incorporated by reference.
Services to include:
Refer to attached Exhibit "A"
Term: 10/01/19-10/01/2024
City of El Segundo_Onsite Services Agreement with Western State Design_11.06.2019
11!6!19
WESTERN STATE DESIGN, INC.
2331 Tripaldi Way
Hayward, CA 94545-5022
001s •
EL SEGUNDO FIRE STATION #2
ATTN: ACCTS. PAYABLE
2261 E Mariposa Ave
El Segundo, CA 90245-5029
Confirm To:
Carol Lynn Urner 310-524-2235
Agreement No. 5822
I Estimate I Page
Order Number: 0316737
Order Date: 11/19/2019
Salesperson: 0033
Customer Number: 02-0020999
Ship To:
Station 41
ATTN: ACCTS. PAYABLE
314 Main Street
El Segundo, CA 90245-5029
Quoted by John Bishop
Customer P.O. Ship VIA F.O.B. Terms
Pending SERVICE CALL Cerritos NET 30 DAYS
Item Numbe
r Unit ordered Shipped Back Order PrIce
This quote is for Western State Design, Inc. to provide parts and
service to the El Segundo Fire Station for the term 10/01/19 through
10/01/24. not to exceed $10.000.00. This will be provided on an as
needed basis as parts and service needs arise. We can incorporate a
Quarterly Routine maintenance visit for this location as well if you
would like. hourly rate for service is $110 per hour while on site.
Trip charge for travel to location is $132.
/LCE1 1.00 0.00 0.00 j-U'UVU.no
*1 Man Labor Regular Time
Best Regards,
John Bishop
Service Department
Phone 1-800-633-7133 XT. 236
Faxl-866-480-6050
Please sign and return upon approval.
X- ................. . . . . ........................ .
Please specify method of shipping (Circle One)
AIR FREIGHT 2DAY 3DAY
Your purchase order #............
..............
Please note .it turther parts or repairs arc! nHcessary additionai
charges may apply. ThIs esLlmatc: does tic)L Lri,.:lude fr(idqht charges
and Ls valid for (30) thti."ty days.
BEST SURFACE
Net Order:
Less Discount:
Freight:
Sales Tax:
Order Total:
Amount
10,000.00
10,000.00
0.00
0.00
0.00
10,000.00