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CONTRACT 6250 One Page Service Agreement CLOSEDAgreement No. 6250 CONTRACTOR: McMurray Stem Services Agreement DATE MAILED: 110312022 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. ® Comgrehensive 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. ❑ 10. 0 300,000 per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® Workers' Com ensation 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. ❑ Carty Of valid picture 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 MANAGERIPURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Submitteg b complete all tanks ..- Company Name: By (Print name 8 tille): McMurra Stern Rand e,r, Sr.Design Consulta. Company Street Address: Vert Aut ted Signature required: 15511 Carmenita Rd, City, State, Zip: Da a signed: Santa Fe Springs, CA 90670 January 3, 2022 Phone: FAX: 805 532-0189 562 623-3039 Vendor's Email address: Vendor's Web site: rhacker@Mcstep.com www.mcmurraystern.com it 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: 4ulissas B PD t0an oem it Analyst Date initiated: 1/03/2022 Department Head Approval:"L Date Approved: 440a� ZZ h1SUr3rtr �' pro7 Date Aar ea .. 4 City Attor ey mcmurr y Stern One Page Agreement for cabinet and desks 12-6-21.doc 113122 City Clerk Agreement No. 6250 1,GENERALLY', The maier'rals, 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 imust be exactly as specified in this order, free from all defects in Seller's perlcr'mance, design, workmanship, .and materials, and, except as otherwise provided, is subject to Inspection and test by City at all times and plans, if, before final acceptance, any any Purchase is found to be incomptele, 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 iterns 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 farms of this order for unaccepted Purchases. Notwilhstanding City's acceptance of .any Purchase, Seller is stable for latehl dets, baud, 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. It 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 Seiler is allowed without City's written approval. Any claim by Seller for an adjustment underthis section must be made in writing within thirty (30) days Isom the date of receipt by Seller of notification of such change unless City waives this Condition in writing. Nothing in this sKtion excuses Seller from proceeding with performance of the order as changed. 4. TERMINATION. City, may terminate Ihis order' at any time, either verbally Or in writing„ with or without cause. Should termination cur, 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 orders If Seller does not ogre such failure within a reasonable' time period, or falls to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by Ctty. U WIE EXTENSION. City may extend the time for completion if, In City's sole determination„ Seger was decayed because of causes beyond Seller's control and without Sellers fault or negligence, in the event decay was caused by City„ Seller's sole remedy is limited to recovering money actually and necessarily expended by Setfem 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.TFrLE, Title to materials and supplies purchased under this order pass directly from Seller to City upon Citys written acceptance following an actual inspection and City's opportunity to rem. &PAYMENT, City will pay Set'ier after receiving acceptable Olvcxces for materials and supplies delivered and accepted or services rendered .and accepted. City will not pay cartage, shipping packaging or boxing expenses uraess spe Pied 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, attorney's 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 McMurray Stern One Page Agreement for cabinet and desks 12-6-21,doc 1 /3/22 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 indemnificalion. 1G.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, 1I.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 license's, and abide by all federal, state, and local laws, for performing this order.. 10NDEPENDENT CONTRACTOR, City and Seller agree that Seller will act as an 'independent contractor and wilt 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 white under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan„ insurancebonus or similar benefits City provides for its employees, Any provision in this order that may appear to give City the right to direct Setter 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 woo, only, 15.WAIVER. CiVs review or acceptance of, or payment for, work product prepared by Selter 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 terra„ covenant, or condition contained in this order wilt not be deemed to be a waiver of any subsequent breach of line same or any olner 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 tabor Code §§ 1720 (as amended by Aid 975 (2001))„ 17*71, 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 w 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 ',;ru )war 11 tii� lalC Y 'i� it A ropy of the prevailing rate of per diem wages must be posted at the lab site.. 15. CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR for CONTRACTOR"s services not to exceed a total of $9,410 (nine thousand four hundred ten dollars) for the work, CITY will pay for work as :specified in the attached Exhibit "D" which is incorporated by reference. Services to include: Refer to attached Exhibit "D" QUOTATION FOR PRODUCTS AND SERVICES Presented by: Ra4idy Yacker Quote #29773 Date: November 29, 2021 Attention; Sgt. Cory McEnroe Sgt. Tony de la rambelje Nelson Merino El Segundo Police Department 348 Main Street El Segundo. CA 90245 Agreement No. 6250 W-MURRAY I 15511 Carmenita Road - Santa Fe Springs, CA 90670 C: 805.404.3302 10: 805.532.0189 1 F: 562.623.3039 e: rhackeric1)mcstem,corn I www.mcmu vst rn.com Installation Address. - El Segundo Police Department 348 Main Street El Segundo, CA 90245 Unit Price 1 Extension McMurray Stern is pleased to present this quote for the implementation of (14) steel lockers with keyed locks. ➢ 8 lockers at 24" wide x 34.75' high x 23" deep ➢ 1 locker at 24" wide x 72" high x 23" deep ➢ 5 lockers at 15" wide x 23.75" high x 23" deep ➢ 1 locker with a key drop ➢ 4" base included ➢ Metal doors with keyed locks ➢ Each door will include 2 keys ➢ 6 master keys included ➢ Installation included ➢ Freight included Total: $9,410.00* Inclusions/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: 17 weeks ARO. Exclusions • Wall backing. • Stair carry. • Modification to existing equipment or to the building. McMurray Stern Confidential — Randy Hacker *Tax included Page 1 11/29/2021 Agreement No. 6250 • 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: Customer Signature: Name/Title - Printed: Amount: Date: McMurray Stem Confidential — Randy Hacker Page 2 11/29/2021