CONTRACT 4978 One Page Service Agreement CLOSEDAgreement No. 4978
C J., greament
CONTRACTCkk SPECIALTY D
Below you will And a cheakilsil relating to Insurance and other requirements that are required for doing business with the City of SI
Segundo. Only those Items chaclued -off arcs MANDATORY, however if your standard pollcla^s exceed the rrlinimum requirements please
include. Commercial general liability Insurance must moot or exceed the requirements of ISO -CGL Form No, CO gg 01 ill 06 or
hS. The arnount of insurance set forth below will be a combined single limit par occurrence for bodily injury" personal i uury, and property
damage for the policy coverage. Liability policies will be endorsed to name the City„ Its ofliclals, and employees as "additional
Insurad'a under sold Insurance coverage and to state that such insurance will be deemed "primary" such that any other
Insurance that may be carried by the City vAll be excess thereto. Such Insurance must be on an "occurrence," riot a "claims
made," basis and will not be cancelable or subject to reduction except upon thirty (SO) days prior written notice to the Clty.
Please find additional Terms and Conditlons on the reverse side of this Services Agreement, This Is not a purchase order or an
authorization to begin work.
sh Oan °a !&%, including coverage for promises, products and completed operations, independent contractors,
personal Injury and contractual obligallons with combined single limits of coverage of at least t GQXQ per occurrence,
ut t la ll , Including owned, non -owned and hired vehicles "with at least:
® ft per occurrence.
❑ JJ 29,000 - 30Q O per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® b / r' ers" oeiakgjjj n„Jj tuara as required by State Statutes. (Not needed if Self - employed with no employees and
CONTRACTOR signs statement to this effect)
® gg i;. ss License: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hell or purchase
said license (at no cost to the City).
gLm.1 : Plans must be approved and perril issued (no fee) by the Planning and Suuiding Safety If appropriate. Call the
Planning Manager @ (310) 524-2340 if you have questions,
❑ Copy of valid picture I�Q. (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.
Sub t d by nu late all blan�: COl_)6 rnDP"!REC'rURt "ei "' D r:ACIC'I "aS ➢it; rdTY
Mail original agreement and insurance to: City of El Segundo — City Cleric 350 Main Street, Room 5, El Segundo, CA 90245 -3813
Originator /Department Contact:
Department Head Approval:
At may , City Manager City Cd to
Specialty Doors. Svcs Agmt Prevailing Wagesprevalling wages
1/27/16
Date initiated:
Date Approved:i
1.GENERALLY. The materials, supplies, or services (collectively, 'Purchase')
covered by this services agreement and purchase order ('order") must be
fumished 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 Seller's performance, design, workmanship, and
materials, and, except as otherwise provided, is subject to inspection and test by
City at all limes 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,
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,
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 purposes of this section 'City' includes City's officers, elected
Specialty Doors. Svcs Agmt Prevailing Wagesprevailing wages
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Agreement No. 4978
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 pe %mils -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,
%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 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 $2,266 (Two Thousand
Two Hundred Sixty -Six Dollars) for the work. CITY will pay for work as specified
in the attached Exhibit 'A,' which is incorporated by reference.
Refer to Exhibit A — Specialty Doors Proposal dated 1211112016.
EXHIBIT A - Page I of 2
Dkeiab tr 11. ' N It
Agreement No. 4978
:3.3x33 F=319 -!423-3939
Lame *19040
City of Wstfundo
At . Milrtin
Sim. 150 nhbaWit' M-bitehfftd a thtgn(10.4tt
El SieSubdo, Ca. 90244
Subjett: HR Entrance Door; - Closer Rephicewnt
Tl f61l0q'-iq tb.Al c6a"'atutet our yropos &I
• Remove doors from openine
• remove closers and dispose
• install (2) 40' no, hold Open flour closers
• p•in"'all doors
• In.-htd,&d prey ailing -,A-ar6
Note:
• Customer mint provide parking for service muck
Customer agrees that all tnaterialp, in this proposal are excluded. Unless
od'P!nVis'e speafied.wlectton of nwerials shill be x- Spenalry Doors' .Ole dicre-,,ion, Ciutow-r
acknowledges, t1w it vall be responsible for anyidlnional charges resvtltinz fhm change,, requested bv
Customer.
Jgjj1- e--' Pavinent Ttrin2 Net IADiyt
Exclusion,:
L This proposal does not include any finish work-- such is painting. patching or tfiraflar items; n1e. marble
and or sealant: ticor levehng. if ntcvs,= ,trtzctux,,�aw-ork or support: rinnoval and or demolition Jul
order to readv The area for in m)Wrio:a;, and or an• scissor lifts. forklift' w or o ther s ia%il� r iterin aecessary
for installation or hidden damage.
I Due to the miprtdirmblt naftue of te:npertd zlass-SDI RA, will not be held reipotimble ,hould glass
break- upon repair =1 or installation-
Specialty Doors - Auto nutiou is not responsible for any ding". damage or dents to sheet doors due to
belit zauge coast fiction, during, shipping or installation.-
4. Napplicable any paint or uiin will be matched -Ibest as po„szble- bu: may not be exact,
5. Any bonds. perm its. I tnspemom. or wuiLv items are not mcluded
6, Specialta° Doors - Automation. Inc, shall not be responsible for orin,,sions or errors of other trades
S a f-r,' classes, nits
or wordings, for insurance certificate; or similar ite=are not
included and avlll be billed accordingly
General Conditions.
I Total price listed above is contingew upon f=1 held inTsection and verification of tneimr6ments,
2. Specialty Doorr, is not responsible f6r pricing. t�Vographizil. or other siixiilaxerror in this proposal
and the total price reflected in this Proposal is subject to adjustukent in such event.
a. Total price reflected is valid for 10 days irom date of this proposal.
4 Sneciiltv Doors shall tot be liable, for any delay ni matxu6cnut delivery or installation due to fire,,,,
�s in marrsponatiott. accidents, inabihr%, to procure supphes or Mxermli or other
contingencies beyond the control of Specialty Doors or his suppliers,
5. Total price reflected does not include any initial senice call (if applicable).
Continued on next page ...... ...........................
Specialty Doors. Svcs Agmt Prevailing Wagesprevailing wages
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Agreement No. 4978
EXHIBIT A — Page 2 of 2
Customer .11, � R b 1 wp, wtibl# for rniy power ,,ouru titctzixy for optratim. cd w1u& truce
must be mduii 5' c ihsmlhtiotL
All Itul timts ewjgt;tt,1 on dd: 'Irm".1t w0tt&u ud
'10kAmW g*d by Sp&c-j ,O ty D cor Automma o ti
Cuwmtr's utlepb M tliller P+rx�m I Or 11vivntlL Ilie, 11tr q1tav"') mulx- dilit kv tk
0 rdertki dlxu be dt,t wed as ful [ mc ttimau cc.
Aiilc
result Of d#hy,, ,or work MItrl"Upliolks wherillu
ieLiy or kutnupdoi) caustdby Spf'-Wly Doort,. tar all be tho. 4aW paid lay Customr.
re,t Pota,,ibiht,,- for my uViAp.
lit the tvtnt of ninZtIltiml C uetowt: ip, reipolulblt *Ni ,1U ivaterialt, ordered and my oaxtr c 0",'n
of votu order beguis whtn yn aialt jdtpo6t or iyprv.-i. V nv cr4tr i'.
Sp,.461,1r " Doon twr w1itten caistiii, Altor o=L-Atemew 4 fy�iur ord#r (t)*,
jx-&r it Much Mwerilh art ai I f) , lour order 1,� tum
1l pammil Made by credit card will be mbld"m, to 'l fee
%X,� ;V Iry alty on lj.th�ejr. Mawfurwrer% it, ommiry ot I mtk• Pa It ; rvr I, ILI twals irrstat I 't a No ot I. e I
'KUrM1t%', rePTAICAMUn or ZUVX1V,% AVXJ�IC* Or inlpht4l is w1kit'rT vd%'Ied,
x irozu-i'aw) UlayV4 1-4600d :0 th* Rop-W& Ira Lzi!1m.
Rd.%i St=ftlomtod PO box 26000. S3,=UU"to. Claf. M62
thank -yarffoi roto Me),ing Speciaft),.Doo)-s
Proposal 's"brnittedBy.- CurrVassar
Proposal Accepted B% , (" C us to mer ")
Title: Print Xamf: Date.,
Deposit if required Avdt be paid by the following:
Credit Card: Visa or -NIC tip:
Chtelc Check r; MiUM this Day:
Visit our website4i mit M Z!L V�
C ML( ]"1,7,ofcnxom
110-223-3933 $88-S01-9!S6, Fax 310-!23J939
25% E. Pacifica P1. Rancho DomJAgutz. Ca. 90!!0 — LICEINSE47S4940
Specialty Doors. Svcs Agmt Prevailing Wagesprevalling wages
2/3/16