CONTRACT 6241 One Page Service Agreement CLOSEDAgreement No. 6241
Services Agreement
CONTRACTOR: Performance Truck Repair
DATE E-WLED:11-30-2021
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 11 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.
®C2MgLehensive 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.
❑ iQ 000 00�000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® r ° _Com nsation Insurance: as required by State Statutes. (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
® BU§inesLLicense. 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 valid 2icture I.D., (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 MANAGEIMRCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY.
Sub fitted corgi Iete ail'1lialtksl:
Company Name:
By (Print name & t%ll):
Performance Truck Repair
Day i V\ wl) 5r . — kf_
Company Street Address:
Vendor"s Authorized w ignature required:
892 W.10th St..
-- to—
City, State, Zip:
Date signed:
'� J
Azusa, CA 91702
! I o a l
Phone:.... �
FAX:.....
626 664-0995
Vendor's Email address:
Vendor's Web site:
da ' .ntroom.com
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Mail original agreement and insurance to: City of El Segundo —City Clerk 350 Main Street, Room 5, El Segundo, CA 902453813
Originator/Department Contact:
Department Head Approval:
fnsurap Approval:
i
City may
City Manager
Clerk
Date initiated: t 113112 1
Approved: �" c°l
Date roved:
Date Avp*ed: 12 2 I/ t
Performance Truck Repair 11-30-21.doc 11/30/21
Agreement No. 6241
1.GENERALLY. The materials, supplies, or services (oollertively, "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 if 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.
&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.
TTITLE. 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 Citys 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 Mtatlww rid drr oa trovdC t Rl i . 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 $7,000 (seven thousand
dollars) for the work. CITY will pay for work as specified in the attached Exhibit
°A," which is incorporated by reference.
Services to include:
As shown in Exhibit A: Estimate 4206
'There may be additional parts and or services needed to complete this job. PTR
will notify ESPD if this becomes necessary.
Performance Truck Repair 11-30-21.doc 11/30/21
Agreement No. 6241
PERFORMANCE TRUCK REPAIR
892 W. 10th st.
Azusa, Ca 91702
E-mail Web Site
INFO@PTRCORP.COM PTRCORP.COM
Name /Address
El Segundo Police Department
Kenny McShane
Estimate
Date
Estimate #
11/3/2021
4206
(626)393-6003
Description Qty Rate Total
VEHICLE: 19' INTERNATIONAL CV515
VIN. 1 HTKSS WK2KH250547
LIC. 11824M
ODO.4,230
ALL PAINT AND PREP MATERIALS 1 550.00 550.00T
40 Hours labor. Unit has a gauge along the left driver side cab. Repair 40 135.00 5,400.00
aluminum cab. Repair the left door of the compartment at the rear of
the unit. Remove the door from the hinge. Repair as nec. Repair the
right rear door of the compartment. Remove handles on compartment
doors. Remove shoreline charger display and receptacle. Remove and
install door opening moulding and marker lamps.
Complete metal work and finish with filler. Block sand and reprime.
Sand for paint and mask as nec. Refinish and complete with basecoat
clearcoat application. Color Sand and buff. Wash and wax complete
unit.
THERE MAY BE ADDITIONAL PARTS AND OR SERVICES NEEDED TO
COMPLETE THIS JOB, WE WILL NOTIFY YOU IF THIS BECOMES NECESSARY
Phone #
(626)664-0995
Subtotal
Sales Tax (10.25%)
Total
$5,950.00
$56.38
$6,D06.38