Loading...
CONTRACT 5017 CLOSEDAgreement No. 5017 Services Agreement CONT CT R° _o „— q ,NS DATE MAILED; �bt Below you will find a checkllst relating to Insurance and other, requirements that are required for doing business with 111e City of El Segundo Only those Items checked-off are MANDATORY, however If your standard policies exceed the minimum requirements please Include, Commercial general Ilabllity Insurance must taeet or exceed the requirements of ISO »CGL Form No. CO 00 01 11 S5 or ti0. The arnount of Insurance set forth below will be a combined single Ilrnit per occurrence for bodily injury, personal Injury, and properly damage for Hie policy coverage, viability policies will be endorsed to name tine City, Its officials, and employees as ",additional Insured "s" under said Insurance coverage and to stato 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 tile City, Please find auddilional Terms and Conditions on the reverse side of this Services Agreement. This Is not a purchase order or, an authorization to begin work, ❑ C rn ar aensive e� Llabil Including coverage for premises, products and completed operations, Independent contractors, personal Injury and contractual obligations wilt) combined single limlls of coverage of at least � 1 000 00_0 per occurrence. ® Lute LIaabiil) , including owned, non-owned and hired vehicles with at least; ® 00" 0 0 per occurrence, ❑ L1_0t000- 30O „00 per occurrence, ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company, ( Porkers' Coni2mainiskil ion Insurane; as required by State Statutes. (Not needed if Self - employed with no employees and CONTRACTOR signs statement to this effect.) ® Business Lloee: 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). ❑ P rrnits: 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. ❑ Co& of valid lotua A (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. Submitted by 'mn iet alt t:lgLrks . COLOR COPY REQUIRED BACK TO THE CITY Mail original agreement and Insurance to: City of El Segundo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245.3613 OdglnatodDepadment Contact: __CHERYL EBERT Dale Initiated: _ 3/3112016 Wesco Signs Services Agmt.doc 4/5/16 IL GENERALLY. The materials, supplies, or services (collectively, 'l r pas!o 'I) covered by this services agreement and purchase order (�ordoO must be tarnished by Soifer sribject to all the terms and condlifons contained in this order which Seller, In accepling this order, agrees to be bound by and comply with in all parlicutars. No other forms or conditions are binding upon the parties untess subsequently agreed to In writing Written acceptance or ahfpmenl of all or aey portion of the Purchase covered by tills order constitutes unqualified acceptance of all terms and conditions in this order. The lamms of any proposal referred to In this order are Included and wade a part of tho order only to the extent It specified Ilia Purchase ordered, ilia price, and file delivery, arid then only to Ilia extent that such forms are conslslenl with the terms and condfilons of Ibis ufdur, ZINSPECTIOW The Purchase furnished mast he exactly as a railed in this order, free train all defects in Selfor's performance, design, workmanship, and motorlal% arid, except as otherwise provdtled, is subject to inspection anti last by City at all times and plus, If, before final acceptance, any any Purchase is found to be incomplete, or trial as specified, City may reject It, requlfe Seller to correct tt without charge, or require delivery of such Purchase at a reduction lit price that Is equilabW under the circumstances. It roller is unable or refuses to correct such Items wftlilo a time deamed reasonable by City, City may le(ninale the order In whole or to parl, Seth burrs all rinks as to rejected Purchases and, In addition to any costs for which Salter rnay become liable to City under other provisions of Ifrls order, mast relrnburse City for all lransportaiton costs, other rotated Casts Incurred, or payments to Seller In accordance with The terms of hit$ order for unaccepted purchases. Notwllhstarlydlug City's acceptance of any Purchase, Seller Is liable for latent defects, fraud, or' such gross mistakes as consiftulo fraud. 3.CIIANCES. City may make changes within llte general scope of tills order in drawings Arid specifications for specialty manufactured supplies, place of delivery, method' of shipment or packing of the order by giving notice to Soifer and subsequently confirming such changes in wrilung, if such changes affect the cost of or die lime required for performance of lhis order, art equitable adpushnent iii the price w delivery or both must be made. No change by Seller is allowed without City's written apti 1. Any claim by Seller for an adjustment under this section must he marla in willing wlthin thirty (30) days fronn the data of ra'eAO by Salter of nOffiration of such change unless City waives this condition In writing Nothing Ira this se ban excuses Seller from proceeding with performance of tale order as changed, d, TERMINATION, City may teuninate this order at any time, ellher verbally or in writing, wilh or without cause. Should torminalion oczur, City will pay Seller as full performance until such hernifnaffon the unit or pro rata order price for tine performed and accepted portion of hire Purchase, City may provide written notice of terminaticn for Sellef's default It Seller refuses or faits to comply vrith this order, tlf Seller does not cure such failure within a reasonable time perlod, or falls to perform the Purchase W01in the time specified (or allowed by extension), Seller will he liable to City for any excess costs Incuffed by City.. 5,7111E EXTENSION. City (lay extend Ilia lfnio for completion If, In City's sole dateoilnaldon, Salter was delayed bemuse of causes beyond settees control and without Settees fault or negligence. In the event delay was caused by City, S- ettees sole remedy, Is tirnlled to recovering money actually and necessarily expanded by Seller because of the delay, there Is no right to recover anticipated proffL 6.REh7E'DIES CUMULATIVE, City's rights and remedies under this order are Doi exclusive and are in addition to any dolls and remedies provided by law, 7,TITLE. TRW to materials and supplies purchased under this order pass directly from Seller to City upon City's written acceptance following an actual tnspaction and Oly's opportunity to re)ecL &PAYMENT. City win pay Setter after recelvirtg 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 Ibis order. Drafts will not be honored. NDEfflNIFICATION. Seiler agrees to Indemnify and hold harmless flair g, t and against any claim, action, damages, costs (including, Without Ilmllall'on,, attorney's fees), falddes, or liability, arising out of the Purchase or Ilia order, or their performance„ Should City be named In any suit, or should any claim be brought against It by suit or otherwise, whoiher the same be groundless or trot, arising out of the Purchase of Wei, or their performance, Seller will defend City (at CiVs request and with counsel satisfactory to Cdly) and Indemnity City for any judgment rendered against it or any sums paid out in settlement or otherwise. For nurriosos of Ws section *City' kchides Chtil officers. efecle,d Agreement No. 5017 officials, and employees, It Is expressly understood Arid agreed that Ilia foregoing provisions will survive termination of tilts order, The requirements as to itta types and limits of insurance coverage to be maintained by War, and any approval of stwh Insurance by City, are not Intended to and will not In any manner limit or quality the Ilabififies and obligations otherwise assumed by Seller pursuanl to tills order, including, without lirnitaflun, to ilia paiAsfons concerning Indemnification, *WARRANTY. Seller agrees that the Purchase Is covered fay the most favorable commercial warranties the Seller gives to any customer for, the stinxi or subilanifolly sletll'ar supplies or services, or such after more favo(04W warranties as Is speclfled In this order, Warranties will be effective nolvrllhshinddng any Inspection or acceptance of the Purchase by City. I'LASSI0NMENT, City only assign this order, Except as to any payment due under Ilils order, Seger may not assign or subcoehacl Ilia order without City`s wifllon approval Should Cldy give consent, It will not ratiavo Safiur from any obligations render this order and any transferee or subcontractor, will tsar considered Sellers agent. 12.INSURANCE. Setter must provide the Insurance Indicated on the face sheet of this Services Agreement, 11PERfrItTS. Suflor must procure all necassmy permits and licenses, and abfdo by all federal, stale, and local laws, for performing this order, 10NDEPENDENT CONTRACTOR City and Seiler agree that boiler 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. Salter is not an agent or employee of City and Is not entilled to pancdpile h any pension plan, insurance, bonus or sdmlfar benefits City provides for Its omployea% Any provision in this order that may appear to give Cfty the tight to direct Seller as to the datadhs of doing Mile work or to exercise a measure of control over Ilia wwrfk means that Seller will follow the direction of the City as to end results of the work only. Is,WAiVER. City's review or acceplance A 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 urider this Agreement or of only cause of action arising from Salter's ptinerfriance„ A wvalver by C'hy 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, 111.INTERPRETATION. This Agreement was drafted in, and will be construed In accordance with the laws of the Slate of California, and exclusive venue for any action Involving this agreement will be In Los Angeles County. 17, PREVAIL IND WAGES. If regtitred by applicable state law+ tiidu lfrig, without limitation Labor Comte §§ 1720 (as amended by AS 975 (2001)), 1771, 1774, 1776, and 1776, CONTRACTOR must pay its workers prail lting waago, it is CONTRACTOR'S responsibility Io interpret and Implement any pfevailing wage requirements and CONTRACTOR agrees to pay any penally or civil damage resu llIng from n violation of Me prevailing wane tars. In accordwics, with Labor Code § 1773.2, copies of Ilia prevailing rate of -per diem wages are available upon request from CIT Y's Engineering Division or the websile for State of CaWoril Prevailing wage determination at h ro °rdw�ra,ar stir ovtDL,S ,iP d�. A. copy of Ilia prevafllnag rate of per d em wages must be posted at the Job site. 18 CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR for CONTRACT'OR's services not to oxoaed a total of $2,150 (Two Thousand One Hundred Fifty Dottars) for the work, CITY will pay fro work as specified In Ilia allached Exhibit 'A,* Which is Incorporated by reference„ Services to Include: Refer to attached Exhibit W uaeaoo Signs ,Services A mt do 4/5116 4 , 2I1 ALISLER St TORNOICE, CA 1.0505 T. 340,930.5535 F 310430.®505 Project: El Segundo Police Department 348 Main Street El Segundo, CA 90245 EXHIBIT A (Page 1 of 4) Agreement No. 5017 ►.` gal 160214 -01 Date: 03/16/2016 Expires: Drawing Numbers: Client: City of El Segundo - Public Works Department 350 Main Street El Segundo, CA 90245 Cheryl Ebert 310,524.2321 We are pleased to offer this proposal for the following services at the above location„ Project Description: Item Total: Remove & Discard Current Monument Sign Cabinet $1,730.00 Replace with New D/F Illuminated cabinet Routed Aluminum Faces backed bu White Acrylic Attached to existing Foundation Tax: $51,38 50% Deposit: $890.69 Total: $1,781.38 Note: This price does not include electrical hookup, permits, engineering or tax; unless specifically stated. Painting exterior walls will only be done If the customer /client provides the paint. Painting Interior walls are excluded from this contract. If not accepted within 60 days, this proposal may be withdrawn. Sign Process will not begin until down payment and written acceptance is received. Any alterations to the above specifications, involving extra costs; will be executed only upon written orders, and will become an extra charge to be paid by the purchaser. Service credit will only be applied within 2 weeks of estimate. Terms and Conditions 1, Upon default in the payment of any sums herein agreed, Wesco Signs may, at any option, declare the entire balance price fully due and payable without further notice to customer. When declared, customer agrees to pay interest on said balance, at the rate of 1.5% per month. Customer further agrees to pay all reasonable costs of collection of said balance incurred by the company, including attorney's fees. 2. Lead times may be affected due to the following: Receipt of unsuitable artwork, Consistent changes of design, delays in receiving information and relevant files, delays in signing off final customer proofs and landlord approvals, and delays In receiving deposit payments. Wesco Signs, therefore cannot be held liable for delays In production deadlines due to any of the above occurring. 3. Financials: 1. Orders under $750.00 must be paid in full when the order is placed. 2. A minimum 50% deposit is required on orders over $750.00, the remaining balance due upon completion of the order. 3. cancelled orders NOT In production are subject to a 25% cancellation fee on total amount of sale, Projects in production are non-refundable. 4. Deposits may be applied to other goods and services if requested by the customer. 5. There will be a $50.00 service fee on all checks returned due to non - sufficient funds. 4. It is further agreed by both parties that all provisions In regard to the project are contained in writing herein. 5. All terms and conditions of this contract shall be binding upon any successors, assignees or other legal representatives of the respective parties, but no assignment shall Salesperson: George Couston Buyer's Acceptance Title Date Seller's Acceptance Title Date Page 1 Agreement No. 5017 Projects El Segundo Police Department Client: City of El Segundo - Public Works 348 Main Street Department El Segundo, CA 90245 350 Main Street El Segundo, CA 90245 Cheryl Ebert 310,524.2321 be made by the customer without the consent In writing to the company unless full payment of the total consideration has been made. 6, Wesco Signs shall secure all necessary permits from the city, and /or others whose permission Is required for the Installation of the sign and said shall be liable for any obstruction of delivery due to delay in obtaining such permission, and If customer executes this contract of sales without ever obtaining permission from party or parties necessary for the Installation of said sign, then he /she purchases same and is bound to the terms and conditions of this contract as though he had obtained said permission and he agrees to relieve the company from any liability for Its failure within 10 days of delivery to erect or install said sign 7. Customer agrees to provide electrical feed wire of suitable capacity and approved type to the location within 4 unobstructed feet of display In advance of installation. Unless specifically stated in writing to the contrary, buyer shall pay for costs of relocating power lines, or other obstacles, to comply with laws of federal, state, or municipal agencies. 8. The price fixed herein Is based on the assumption that Installation will be In normal soil, In the event adverse soil conditions or underground obstructions are encountered, the parties agree to adjust the extra Installation cost based on seller's additional cost for letter to be mounted on exterior side of wall, electrical system to be contained In transformer box with flexes crossovers on interior of wall unless raceway is specified (additional cost), access for installation in front of and behind wall must be available at time of Installation. Wall Installation Is assumed to be on normal stucco, wood, or soft brick facing, If unique circumstances inside wall are discovered by installer, buyer if available, will be notified. In any event, buyer shall be billed for special labor on a tlme•spent basis. In any event, installation shall be considered complete at the time that the sign is tested. All dimensions are close approximate and may vary due to existing conditions at job site. 9. All products manufactured by the company are guaranteed unconditionally against defective parts, materials and workmanship for two (2) years, with exception of neon, transformers, LED, power supplies, ballasts, incandescent, Digital Print and fluorescent lamps as they are guaranteed for one (1) year only. The cost of labor, however, will be charged at hourly rates. Salesperson: George Couston Buyer's Acceptance Title Date Seller's Acceptance Title Date Page 2 Agreement No. 5017 J w kill, S EXHIBIT A- (Page 3 of 4) cu PA A, 0 Lu S4 I M $ A Is = cz LU r.- uj -.42 11 CA uj ;j 8- Agreement No. 5017 J w kill, S 5 PA A, —1 15 :'X. w kill, PA A, Lu uj UA ..... ....... ��R'........... .......... 11 uig"g —1 15 :'X. Agreement No. 5017 4 4111 j`1'I" 114 _j Lu M LAJ z rn