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CONTRACT 5146 CLOSEDCONTRACTOR. SCOTT WEAVER T.I. DATE MAILED: 3t6 016 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 0111 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. ® Com re ensiv , enerai LIabilit , including coverage for premises, products and completed operations, independent contractors, personal, injury and contractual obligations with combined single limits of coverage of at least S1,000,000 per occurrence. ® Auto Liability, including owned, non -owned and hired vehicles with at least: ® $1.000.000 per occurrence. ❑ S100 000 - 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' Co m ensation Insurano: 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. ❑ Co of valid icture ti,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. Srrbrr�itte�c n Ye a �lI bl nksn Yee II b9 nks : ; Mail original agreement and Insurance to: City of El Segundo — City Clerk 350 Main Street, Room 5, El Segundo, CA 9024 -313 Odginator/Department Contact: MARTIN WHIJEHEA Date initiated: Department Head Approval: S,MT EA Date Approved: Ficancce Approval: -..ry Date Appro o, Attorney City Scott Weaver - Library & PD. Svcs Agmt Prevailing Wages. docprevailing wages 5/31/10 a 1.GENERALLY. Ch .– _— ,,. e materials, supplies, or services (oottectively. 'Purchase k 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 ao epling this order, agrees to be bound by and comply wroth In all particulars. No other terms or conditions are binding upon the parties unless subsequently agreed to in vrating, written acceptance or shipment of all or any ption of the Purchase covered by this order constitwates 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 warder. 2.INSPECT'ION, The Purchase furnished mrist 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 tames 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 tfte circumstances if seller is unable or refuses to correct such items vAllin a time deemed reasonable by City, City may terminate the order in whole or In part. Sealer beat's all risks as to rejected Purchases and, in addition to arty costs for which Seller may become Viable to City under other provisions of this order, must reimburse City for all transportation roosts, other rotated costs Incurred, or payments to Seller in accordance with the terms of this order for unaccepted Purchases. Notwithstanding City's acceptance of any Purrbase. Seller Is liable for latent defects, fraud, or such gross mistakes as j consfututefraud. 3.CHANGES. City may make changes within the general scope of this order In drawings and specifications for specially manufactured supplies, place o1 delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such charges 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 adgustment under this ,section must be made in wrifing within thirty (30) days Irian, the date of receipt by Seller of notification of such change unless Clty waives teals condition Vn willing. 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 falls 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 twine specified (or allowed by extension), Seller will be Wicte to City for any excess costs incurred by City. S,TIME EXTENSION, City may extend the lime for completion if, In City's sole detertrsination. Seller was delayed because of causes beyond Sellers Mntrol 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 specked 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, allomey'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 51 4 6 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,. 10MARRANTY. Seller agrees that the Purchase is covered by the most favorable commercrat 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. taranties with be ef'feclnve notwithstanding any inspection or acceptance of the Purchase by City, 11.ASSIGNMENT, City may assign thus order, Except as to any payment due under this outer, Seller may not assign or subcontract the order without City's written approvals, Should City give consent, it will not relieve Seller from any obligations under il•ris 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, stale, 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 4 performed. Seller will be free to contract for swnidar 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 pagt cipate in any pension ,playa, insurance„ bonus or similar benefits City provides for its employees. Any provision in lh,is order that may appear to give City the right to direct Seller as to tine details of doing the work or to exercise a measure of control over the work means that Solver will follow the direction of the City as to end results of the work only. 1$.WAIVER. 'City's review or acceptance of, or payment for, work product prepared by Seller under this order wfll not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause oot action arising from 'Seller's perfomsance• A waive, 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 bats 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 0mlving 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 CONTRACT'OR'S responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil darnage 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 $8,000.00 (Eight Thousand Dollars) for the work. CITY will pay for work as specified in the attached Exhibit "A," which is incorporated by reference. Exhibit A includes: Scott Weaver Proposals #10524, #10525 & #10526 – 411512016. Scott Weaver- Library & PD. Svcs Agmt Prevailing Wages.docprevailing wages 5/31/16 1/ / EXHIBIT A (Pagel of 3) Stott War trJ Quote 1114 S� San Dialas, C 17'7" oP732; Tel 91X� °F - 1 18 � � r nail, 1 SM 1•o., r IVlrn alrs�t El Segundo, CA. 90245 _. TOW I I... 1 I New Pair of Gme Fe& Maidware NOw MM Doors SID x72 -1 x1 Tops SIAM SIAMM St. M 1 Itftx M&W Ffame Uprighis 72-112 X 5.,V4 NIR F7o I Toga or F .60 $340.00 1 H ar : 6I•I & 1 Lock, 1 FW C2 G 1 $1.175.0 $1,175.00 11 "Wo 1 Labw b Indw 550100 ! M . UO stelow U315.00 T090 And $3,315.00 o Mary TMnk you for youir businim. Scott Weaver- Library & PD. Svcs Agmt Prevailing Wages. docprevailing wages 5/31/16 _ a j EXHIBIT A (Page 2 of 3) S*aotl Weaver T I Quote tt14"mi u' eCk, Tet Te Date- D4115018 arum. Quola NO.: 1®524 BM To: Ci of El egad I:, llhnos Shvet El Segundo, CA. 94245 My don ca Total 1 Supply arid Install 1 NeW Dox k Hwmare W EKWAng Fr&nt to BMN R9Om.... . d 30 x M x 1 -N4 SC P.& Pad Oak sm?.00 SM7.00 1 H : 3 HI s, i Mion1se P $550.00 $560 00 I Labor b bubg SM.00 SM.00 WOMAN 51,247.0 T $1,247.00 5411014' P115AM••0 V B'r4a11 1�4d11fY DW Scott Weaver- Library & PD. Svcs Agmt Prevailing Wages. docprevailing wages 5/31/16 EXHIBIT A (Page 3 of 3) Soon Weaver T.l, Quote 111424 G w 1 . sari cm %.ks' C 7 l„@ti"n #7390Z; Tel PVC- 41394S' : OMmie Quab No.: IOM Bill To: C° of l Sogndo W1 lffincws S eim FJ Segundo, CA. 80245 Ott' Dweembom Uffit MO Total 1 �&udp d I =30 I NeW DOW & Drop 50K at e 'J r" 1 Dow 36 x 7M x"4 SC 200m MM Grab VOM Much MAC $324.10 1 Pr otax MI-1159 TPA Dwr Drop Doxfov t -W Door MOM .ad . S UU-00 TOW Ant M9 oo S* undo P ld� a ftoon, Scott Weaver- Library & PD. Svcs Agmt Prevailing Wages.docprevailing wages 5/31/16