CONTRACT 4973 CLOSEDAgreement No. 4973
SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO :AND
SIERRA SCHOOL EQUIPMENT COMPANY
THIS SERVICES AGREEMENT ( "Agreement ") is made and entered into this 20'h day of
January, 2016, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ( "CITY ") and Sierra School Equipment Company, ( "CONTRACTOR ").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, "Exhibit A ", attached;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR an amount not
to exceed Twenty -Eight Thousand, One Hundred Seventy -Eight Dollars
($28,178.00). CITY will pay monthly amounts promptly, but not later than forty-
five (45) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from January 20, 2016, to May 1, 2016. The
Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
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Agreement No. 4973
Thoroughly investigated and considered the scope of services to be
performed;
Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
5. INSURANCE.
A, Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type e of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits uonrbined sing 1
$1,000,000
$1,000,000
Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above 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 City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will 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 City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
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evidencing maintenance of the insurance required under this Agreement;
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of ''A:Vll." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
6. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 5 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C, Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such services are at CONTRACTOR's own risk.
7. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
8. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
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Agreement No. 4973
claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of this Agreement, or its performance, except
for such loss or damage arising from CITY's sole negligence or willful
misconduct. 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 this Agreement, or its performance, CONTRACTOR will
defend CITY (at CITY's request and with counsel satisfactory to CITY) and
will indemnify CITY for any judgment rendered against it or any sums paid
out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR 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 Agreement
that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the
work or to exercise a measure of control over the work means that CONTRACTOR will follow
the direction of the CITY as to end results of the work only.
10. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: Stephanie Katsouleas, Public Works Director
City of El Segundo
350 Main Street
El Segundo, CA 90245
(310) 524 -2356
To CONTRACTOR: Patrick G. McDermott
Sierra School Equipment Company
1911 Mineral Court
Bakersfield, CA 93308
M (661) 399 -2993
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Agreement No. 4973
B„ When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
11. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
12. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement 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 Agreement, whether of the same or different
character.
13. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
14. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
15. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
16. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
17. 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.
18. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
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Agreement No. 4973
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
20. EFFECT OF CONFLICT. In the event of any conflict, inconsistency. or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice to
proceed, the provisions of this Agreement will govern and control.
21. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
23. ENTIRE AGREEMENT. This Agreement and its attachment(s) constitute the sole
agreement between CONTRACTOR and CITY with regard to PW 15 -29A: Council Chambers
Theater Seating Refinishing Project. To the extent that there are additional terms and conditions
contained in Exhibit "A" that are not in conflict with this Agreement, those terms are
incorporated as if fully set forth above. There are no other understandings, terms or other
agreements expressed or implied, oral or written.
[SIGNATURES FOLLOW ON NEXT PAGE]
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Agreement No. 4973
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written,
C1 I' r,' E L 1 0 J NI CON]"Ri\crots Si&ra School Equipment Company
I' r� 4n�r�
G 're 4jgj' p e _nt e r �_'1_111(-',Patrick G. McDermott
city eager` Title Vice-President
Taxpayer ID No. 95-3159131
Trac Wea
Cit Clerk
Business License No.
APPROVED AS TO FORM:
j for
Mark D. HerslWW.
City Attorney
Insurance Reviewt-d By:
State License No. 422359
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Agreement No. 4973
Exhibit "A"
Scope of Work for
Council Chambers Theater Seating Refurbishing Project
The Contractor shall provide an itemized quote for the following Work in accordance with the
terms and conditions of the Agreement:
Prcyect "pc cific coe
Remove, transport, refurbish, and reinstall all of the audience theater seating in the City Hall
Council Chambers, as well as those already removed. The total number of chairs to be
refurbished is 62.
Existing audience theater seating shall be refurbished as follows:
• All seats and seat backs shall be re- upholstered with Designtex Mohair Plus
material, Item No. 3575 -406 (Indigo). Contractor to verify correct amount
of fabric and dimensions needed for each seat and chair back to be replaced.
• All seats and seat backs cushion foam shall be replaced with cushions that
meet the following requirements:
• Resilience = 50% min.
• ILD (lbs /50 sq. in.) at 25% (4 in.) = 35% max.
• Density (lbs /cu. ft.) = 2.50 min.
• HR 55250 for the seat and HR 35250 for the back (or similar) shall
be used.
• All seat broken springs shall be replaced as needed.
• All appurtenance items and equipment not already specified but needed to
install refurbish cushions and fabric seating and seat backs shall be
provided by the Contractor.
• The existing wood armrests and all side panels shall be refinished with a
stain color to be determined by the Public Works Department
• The existing metal chair frames shall be sandblasted, or similar, to remove
the existing paint. Powder coating and new paint shall be applied to the
metal chairs using a color to be determined by the City Public Works
Department.
• Coordinate all work and any scope of work changes with City staff at least two weeks in
advance in order for staff to accommodate the refurbishment activities relative to use of the
Council Chambers.
• Provide a schedule to City staff for the construction at least two weeks prior to beginning
construction.
• Protect in place all office furniture and equipment, cabling and floor bolts within the work
zone.
• Dispose of all debris generated from this project in accordance with applicable law and
environmental regulations.
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Agreement No. 4973
Work shall commence on March 16, 2016 and be completed by April 4, 2016 (20 calendar
working days) to avoid any conflicts with scheduled City Council meetings.
General cope
Contractor's bid shall provide all materials, equipment, tools, labor, and incidentals required
to entirely complete the project to the City's satisfaction. The cost for these shall be included
in the bid.
Work is to be performed by personnel with the proper certifications for the project, if
required by any federal or state statute.
• Any work within City Hall shall occur Monday through Thursday between the hours of 7:00
a.m. and 5:00 p.m. Work outside of those hours is not guaranteed but may be coordinated
with the City's project manager and his /her discretion.
• Repair /replace any City property damaged during the project to City satisfaction.
• Adhere to requirements of the City's General Service Agreement.
• Contractor shall provide proof of required insurance endorsements and business license
upon award.
• Contractor shall obtain a No -fee Public Works Encroachment Permit prior to beginning
construction.
• Contractor shall provide City staff at least forty -eight (48) hours to answer Requests for
Information or change order requests.
• Contractor shall not proceed with any work for which a change order request has been made
until a Change Order Agreement has been completed. Insurance and business will not be
considered change order costs.
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Agreement No. 4973
BID SCHEDULE
COUNCIL CHAMBERS THEATER SEATING REFINISHING PROJECT
PW 15 -29A
Company Name: Sierra School Equipment Compan
BASE BID ITEMS
All items shall be as defined in the scope of work.
Item
Estimated
� Description
Unit Price
Item Total
No.
Ouantities
–
($
a......___.
($)
_ ............._
_... ._______..__.....__..._______..___...-.________.______............................_________....______..
.....________________________ --
transport and reinstall theater
--------------
...
seating chairs in the City Hall Council
Chambers. This item includes providing
1
1 Lump Sum
and furnishing all labor, materials, tools,
$6,504.00
equipment and services necessary to
remove and replace existing Council
Chambers seating.
Purchase and install new Mohair fabric,
seat foam/cushions, back foam/cushion,
and any necessary supplies for
1
1 Lump Sum
reupholstering 62 theater -style chairs.
$17,190.00
Color and type of fabric is Mohair Plus
by Designtex, Item No. 3575 -406
_ ........ ...........__......_.- .........
(Indigo).
........ —_ ................................... _..... ...... ............... .._ -. ...............................
.._.. ............__.................
..........._
Refinish existing wood on all chair
1
1 Lump um
p
armrests and sides (approximately 10
$1,191.00
side pieces); stain color to be
determined by Public Works staff.
Refinish the entire metal surface of
chairs, including the back/base of each
1 Lump Sum
chair (62 chairs total), which includes
sandblasting and applying a powder coat
$3,293.00
and color to the metal chair (color to be
determined by Public Works staff).
TOTAL BID = $ 28.178.00
TOTAL BID WRITTEN IN WORDS:
Twenty -Eight Thousand One - Hundred Seventy -Eight Dollars and 00/100
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Agreement No. 4973
January 7, 2016
ADDENDUM NO. 1
to
THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS
for
COUNCIL CHAMBERS THEATER SEATING REFINISHING PROJECT
PROJECT NO. PW 15 -29A
ATTENTION BIDDERS:
The following additions, modifications, and clarifications to the specifications shall be
included in, and become a part of, any contract which may be executed for the above
project in the City of El Segundo:
1. The bid due date and time is still Monday, January 11, 2016, at 11:00 am.
2. Please see the attached supplement page for questions asked regarding this bid
and the responses to those questions. As of this addendum issuance, no additional
questions will be answered during this bid phase.
As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge
same in the space provided below and submit this Addendum cover sheet, and all other
issued Addendum cover sheets, with the Bid Proposal. Failure to provide such
acknowledgement shall render the bid as non - responsive and subject to rejection.
Signature: Date: January 8, 2016
Patrick G. McDermott
Print Company Name: Sierra School Equipment Compa
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350 Main Street, El Segundo, CA 90245 -3895 (310) 524 -2300 Fax (310) 640 -0489
Agreement No. 4973
SIERRA SCHOOL EQUIPMENT COMPANY
A CALIFORNIA CORPORATION
January 8, 2016
Cheryl Ebert
Senior Civil Engineer
City of El Segundo
Public Works Department
350 Main Street
El Segundo, CA 90245
Telephone: (310) 524 -2321
E -Mail: cebgrt, iYclse undo.or
RE: City of El Segundo Council Chambers Seating — PW 15 -29A
Dear Cheryl,
We are pleased to provide a bid proposal for this planned scope of work on this project. However with
our bid proposal we wanted to also include some additional information to review that is very important to
be considered if we are selected to move forward with this project.
1) Designtex confirmed that the current lead -time for the Mohair Plus fabric is based upon 7 -8 weeks
after a purchase order is submitted to the fabric mill from their Firm. As you will determine, this
lead -time is very important with the schedule provided for short completion on this project. We
wanted to advise the City of El Segundo of this fact with our bid proposal so everyone is aware of
the long lead time for this fabric which also does not take into any account, possible unforeseen
delays from the mill after a purchase order is submitted. With the specified fabric by Designtex,
there is a small probability that the window to renovate the existing seating may need to be
extended.
2) We shall provide the seat and back foam as specified however we wanted to advise the City that
the foam might be considered very firm and may not have the desired comfort level for the Patrons
in attendance. We can provide a more typical foam at no additional cost that increases the comfort
level for the patrons if desired.
3) In regard to the Cigarette Ashtrays we have a solution that has been included for this project. In
the past, these ashtrays have been removed and the holes remaining have been filled with small
pop rivets and then the backs are powder coated. This repair solution is the most minimally
invasive available for this type of back. Once we have removed the ashtrays, we will determine if
the pop rivet solution is the best and advise the City of El Segundo of this method of repair to
obtain approval.
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Agreement No. 4973
4) The selected wood stain needs to be as dark or slightly darker then what is currently on the
armrests and end panels for the best refinishing look.
5) The powder coat selection needs to be from standard manufacturer product and available standard
colors and not a custom color due to the small quantity of chairs being renovation.
We appreciate the opportunity to prepare the proposal for this project. If you have any questions, you can
reach me at 661 - 399 -2993 or via e -mail at patmcdermott@ssecinc.com.
Sincerely,
SIERRA SCHOOL EQUIPMENT COMPANY
u
Patrick G. McDermott
PGM /awh
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