CONTRACT 6168 One Page Service Agreement CLOSEDAgreement No. 6168
Jµ Services Agreement
CONTRACTOR: McMurray Stem DATE MAILED: 9/13/2021
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El
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 01 1185 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.
® Comprehensive 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,
❑ $100,00 - 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 El 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.
❑Copy of validpictureQ. (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGER/PURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CrrY.
Submitted by (oom lete all blanks):
Company Name: By (Print name & title):
McMurray Stern Pat Fitzpatrick, VP Sales & Marketing
Company Street Address.. Vri "s a or° ed i tore required:
15511 Carmenita Rd. .,>� —
City, State, Zip: Date signed: '
Santa Fe Springs, CA 90670 September 13, 2021
Phone: FAX:
805 532-0189 (562)623-3039
Vendor's Email address: Vendor's Web site:
rhacker mcstem.com www,mcmurra stern.com
Mail original agreement and insurance to: City of El Segundo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245.3813
Originator/Department Contact: Jutissa Solano PD Management Anaftt Date initiated: 9/13/2021
Department Head Approval: Date Approved:! Z4
A .
tlnsparce Approval: � a Date A p 10/1/21--„,
City ttorney Cut Pit 0t �" City C rC -
McMurray Stern One Page Agreement 9-13-2021.doc 13021
Agreement No. 6168
1.GENERALLY. 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.INSPECTION. The Purchase furnished must be exactly as specified in this
order, free from all defects in Sellers 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 Seller 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.CHANGES. 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 Seller 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 Seller 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 Seller 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 Seller's default K Seller refuses or fails to comply with this order.
If Seller does not cure such failure within a reasonable time period, or fails to
perform the Purchase within the time specified (or allowed by extension), Seller
will be liable to City for any excess costs incurred by City.
5.TIME 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,
Seller's sole remedy is limited to recovering money actually and necessarily
expended by Seller because of the delay; there is no right to recover anticipated
profit.
6.REMEDIES CUMULATIVE. City's rights and remedies under this order are not
exclusive and are in addition to any rights and remedies provided by law.
7.TITLE. Title to materials and supplies purchased under this order pass directly
from Seller to City upon City's written acceptance following an actual inspection
and City's opportunity to reject.
&PAYMENT. City will pay Seller after receiving acceptable invoices for materials
and supplies delivered and accepted or services rendered and accepted. City
will not pay cartage, shipping, packaging or boxing expenses unless specified in
this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from
and against any claim, action, damages, costs (including, without limitation,
attorneys fees), injuries, or liability, arising out of the Purchase or the order, or
their performance. 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" includes 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 Seller, 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, including, without limitation, to the provisions concerning
indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the most
favorable commercial warranties the Seller gives to any customer for 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.
11.ASSIGNMENT. 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.PERMITS. Seller must procure all necessary permits and licenses, and abide
by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as
an independent contractor and will have control of all work and the manner in
which is it performed. Seller will be free to contract for similar service to be
performed for other employers while under contract with City. Seller is not an
agent or employee of City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits City provides 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 work 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 work
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 action arising
from Seller's performance. A waiver by City of any breach of any term, covenant,
or condition contained in this order will not 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.INTERPRETATION. 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 WAGES. If required by applicable state law including, without
limitation Labor Code §§ 1720 (as amended by AB 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 laws. In accordance with Labor
Code § 1773.2, copies of the prevailing rate of per diem wages are available
upon request from CITY's Engineering Division or the website for State of
California Prevailing wage determination at hg2,,flwmv.Jr ca,qr
gy2LSR[IWD. A
copy of the prevailing rate of per diem wages must be posted at the job site.
18. CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR for
CONTRACTOR`s services not to exceed a total of $26,455 (twenty-six thousand
four hundred fifty-five dollars) for the work. CITY will pay for work as specified in
the attached Exhibit "A," which is incorporated by reference.
Services to include:
Refer to attached Exhibit "A"
McMurray Stern One Page Agreement 9-13-2021.doc 9113/21
UXI t TA
Agreement No. 6168
QUOTATION FOR PRODUCTS AND SERVICES
Presented by: Raft dy Yack 4,
Quote #29633
Date: September 9, 2021
Attention:
Sgt. Cory WMcEnroe/Nelson Merino
El Segundo Police Department
348 Main Street
El Sequndo, CA 90245
MCMURRAY
Sri SMIN iMIN
S FERN 0 R G A N12 L
15511 Carmenita Road - Santa Fe Springs, CA 90670
C: 805.404,3302 1 O: 805 532.0189 1 F: 562 623.3039
e rhackpr4?n cstptr Born I ia'G+t� ,v f1'�rtlra
Installation Address:
E1 Segundo mPolice Department .........._._
348 Main Street
El Segundo, CA 90245
Unit Price I Extension
McMurray Stern is pleased to present this quote for the
implementation of (1) Bike Rack Storage System.
Vidir Bike Storage System for 32 bikes
v Dimensions: Approximately 220" wide x 73" deep x 93" high
y Bike system is a double-faced storage unit
Pricing includes all material, installation, delivery, freight, and
applicable taxes.
Warranty: 2 years parts and labor
Total: $26,455.00
Incl_usions)Terms
• Freight:
Included.
• Installation:
Included.
• Sales tax:
Included
• Payment Terms:
Fifty percent deposit; balance due upon completion.
• Remit Payment to:
McMurray Stern, Inc., 15511 Carmenita Road, Santa Fe Springs, CA 90670.
• Standard color:
To be selected.
• Quote is valid for:
30 days.
• Lead time:
8 to 10 weeks ARO.
Exclusions
• Wall backing.
• Stair carry.
• Modification to existing equipment or to the building.
• Structural/anchorage engineering Calculations.
• Permit costs.
• Floor covering.
Accepted and approved. By signature, the Customer certifies that the terms and conditions set forth are correct
and reflect the mutual agreement between McMurray Stern and the Customer. McMurray Stern is hereby duly
authorized to provide product and/or services as outlined above.
Selected Option:
McMurray Stern Confidential — Randy Hacker
Page 1 9/9/2021
Agreement No. 6168
Customer Sig
Amount:
Name/Title -Printed.- Date:
McMurray Stern Confidential — Randy Hacker
Page 2 9/9/2021