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CONTRACT 5154 One Page Service Agreement CLOSEDY OA Ile o µ- w = Agreement No. 5154 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 011185 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. ® Porn2mbgnsive 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. ❑ 100 000 - 300 0L10 per occurrence. El As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® YYoricers' 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. ❑ f i 1. ; (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. ubmttte by JcoMdete,sil larlksic COLOR COPY REQUIRED BACK TO THE CITY Mall original agreement and insurance to: City of El S tondo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245 -3813 Originator /Departrnent Contact: VrAft Date initiated Depadment Head royal. A Date oved: 2 i n r . City GM Business Interiors ` 9M16 1.GENERALLY. The materials, supplies, or services (collectively, 'Purchasel 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 Mich 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 Sellers performance, design, workmanship, and materials, and, except as otherwise provided, is subject to inspection and test by City at all times 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. S.TIME EXTENSION. City may extend the time for completion 'if, in City's sole determination, Seller was delayed because of causes beyond Sellers control and without Sellers fault or negligence. In the event delay was caused by City, Sellers 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 Agreement No. 5154 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 YAN be effective notwithstanding any inspection or acceptance of the Purchase by City. 11ASSIGNMENT. 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 Sellers 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, state, and local laws, for performing this order. 14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will ad 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 Setters 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. 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 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 hit2, ;lwww,dlir,caQoWDLc)'RIPWD. 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 (55,118.99 Dollars) for the work. CITY will pay for work as specified in the attached Exhibit 'A,' which is incorporated by reference. Services to Include: Refer to attached Exhibit 'A' GM Business Interiors 917/16 Exhibit A City of El Segundo Recreation and Parks Department 401 Sheldon Street El Segundo CA 90245 Agreement No. 5154 G/M BUSINESS INTERIORS agrees to deliver and assemble furniture at Recreation & Parks Clubhouse. (2) Herman Miller Canvas Workstations -GIM Furniture Planning Services, if applicable, include field measurements, drawing AutoCAD building shells, developing typical workstations and private office standards, space planning typicals into the floor plan, developing furniture color schemes, order specifications and receiving client approvals for all drawings and color schemes for order entry. -GIM Project Management Services include drawings and field measure checks, order scheduling & routing, electrical consulting with contractors, field checks, monitoring construction progress along with delivery, assembly, punch list coordination through final completion. -G /M Project Services include receiving and inspecting of each product, shipping damage adjudication with vendors, transporting product if applicable, staging of products, delivery, setting in place of all furniture, level clean and polishing of all items, vacuum floors and recycling of all waste products associated with the furniture project. -GIM Punch list Services include formulation of the project punch list, ordering and receiving of punch list products, and delivery and assembly to finalize the punch list and project. City will remove existing cabinets. Details of equipment and labor services are itemized in quote #121434. Any changes to dates and items will require an approval from Recreation & Parks Department. EXHIBIT "B" — COMPENSATION SCHEDULE City agrees to pay GIM BUSINESS INTERIORS for their services, the sum of: Five thousand sixty -eight and seventy five cents. ($5,118.99). GM Business Interiors 917/16 f Agreement No. 5154 LIZ TRAN 2ND FLOOR HMI CANVAS OPT 1 8/25/2016 Quotation 121434 _ r !o / a � J�� // rrr r i r � // / /jr % %O{!� r � � / r �r � �� �� I✓I it / .... rrr / %/ / 12,447.00 r % / / Non -Tax Srvos. , CITY OF EL SEGUNDO Design Fee .00 CITY EL SEGUNDO (PARKS) .00 40 350MAIN STREET RECREATION AND PARKS DEPT. 401 SHELDON STREET EL SEGUNDO CA 90245 EL SEGUNDO CA 90245 MEREDITH PETIT Phone: (310)524 -2880 MEREDITH PETIT Phone: (310)524 -2880 Fax: Fax: Systems 2 Desk Units 0 Tables 0 Files 0 Chairs 0 Storage 0 Ancillary 0 QUOTE FOR: HERMAN MILLER CANVAS WORKSTATIONS FOR: LIZ TRAN CITY OF EL SEGUNDO 2ND FLOOR SHARED OFFICE OPT 1 LEAD -TIME: 4-6 WEEKS SCOPE OF WORK: 1) G/M TO RECEIVE AND INSPECT PRODUCT. 2) G/M TO SET (02) EA HERMAN MILLER CANVAS WORKSTATIONS INTO PLACE. 3) PLEASE CONTACT MEREDITH PETIT TO SCHEDULE SERVICES. LOTq GG ((1&& OPTION 1 FREESTANDING (02) EA HERMAN MILLER CANVAS WORKSTATIONS List List Fxd 3911 Sell Fit 12,447.00 12,447.00 4,074.13 4,074A3 Non -Tax Srvos. Taxable Srvcs. Freight Design Fee .00 .00 .00 40 Account Executive: Ryan Turnbull rturnbq rr r-,,rr AMA: Shellie Frank- Bollenbach (1tbo11enbec /azc rribi.nel 800 - 686 - 6683 800. 686 -6583 Fax: 951. 6840837 G/M Business Interiors 1099 W. La Cadena Drive, Riverside CA, 92501 htt •:itwww. mbi.n t Project PAS: Eric Pelayo Page: 1 of 1 WhoMhaMhere LOT 0 Z GIM Services GIM Furniture Planning Services, If applicable, Include field measurements, drawing AutoCAD building shells, developing typical workstations and private office standards, space planning typicals Into the floorplan, developing furniture color schemes, order specifications and receiving client approvals for all drawings and color schemes for order entry. GIM Project Management Services Include drawings and field measure checks, order scheduling & routing, electrical consulting with contractore,fleld checks,monitoring construction progress along with delivery, assembly, punchllst coordination through final completion. GIN Project Services include receiving and Inspecting of each product, shipping damage adjudication with vendors, transporting product H applicable, staging of products, delivery, setting in place of all furniture, level clean and polishing of all items, vacuum floors and recycling of all waste products associated with the furniture project GIM Punchlist Services include formulation of the project punchllst, ordering and receiving of punchlist products, and delivery and assembly to finalize the punchiist and project G/M Warranty Services Department Is provided to offer clients our no- charge warranty service work for all furniture protected under valid factory warranties. GIM maintains electronic copies of our Cllerift Invoices for warranty enforcement For service requests, our Warranty Department may be contacted via e-mail et warranty@gmbi.net Account Executive: Ryan Turnbull rfumbgM mbi sa t AMA: Shellie Frank- Bollenbach Lsfbo11enbechP_gtnb1,11e12 800.686 -6583 800 -886 -6583 Fax: 951 -684 -0837 G/M Business Interiors 1099 W. La Cadena Drive, Riverside CA, 92501 hg2./Mww.RrnbJ.net Project PAS: Eric Pelayo Page: 2 of 2 r ilk Vuw 0I e F� I �1( �dd Entire Quotation Valid for 60 Days , . Agreement No. 5154 Services (Taxable) Freight (Taxable) Services (Non - Taxable) Project App. Spec. (Non - Taxable) Sales Tax (9.000 %) $4,074.13 $67.21 $0.00 $604.93 $0.00 $4,141.34 $604.93 $372.72 $5,118.99 Net 30 Days Terms with Purchase Order 100% $6,118.99 I have reviewed the quote, the bill of materials, the drawings (if applicable), the color cards (if applicable), and other associated exhibits for my order. a I approve the colors, fabrics, and finishes as previously selected and correct as shown on the attached exhibit. a I am satisfied that the product I have selected is the correct size and is suitable and will perform for its indended purpose. a I am aware this product is manufactured to order and is not returnable to GIM or to the manufacturer. a I understand that legal title to the product will transfer upon delivery to my commercial or residential location and all associated labor is taxable until title transfers. a 1 am aware additional costs charged for inside delivery, staging, setting in place, assembly, leveling, cleaning, polishing, recycling of waste materials are separately stated and are elected as an additional contract option. a 1 am aware of the grand total price of this contract as shown on this quote. Signature Print Name /Title Account Executive: Ryan Tumbull Qjurnbtffign7bi.noU AMA: Shellis Frank- Bollenbach 6fbo11enbach tnbkne 8004864683 800 - 6864683 Fax: 961-664-0837 G/M Business Interiors 1099 W. La Cadena Drive, Riverside CA, 92501 hp :/ mn i,not Date Project PAS: Eric Pelayo Page: 3 of 3