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CONTRACT 5263 One Page Service Agreement AgIment No. 5263 Services Agreement CONTRACTOR: CARTER SERVICES DATE MAILED: 11 2017 Below you will find a checklist relating to Insurance and other requirements that are required for doi% 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 01 11 85 or 88. The amount of insurance set forth below will be a combined single limit per occurrence for bodily lnjul , personal injury,and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, acid 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 prier written notice to the City. Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is w)t a purchase order or an authorization to begin work. ® Comorehensive General Liabilitv, including coverage for premises, products and completed operatCons, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least J1,,000_000 per occurrence. ® Auto Liabilitv,including owned,non-owned and hired vehicles with at least: ® $1.000.000 per occurrence. ❑ $100.000-300,000 per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. ® Workers' ComDensation 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 cn 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 Community, Economic: and Development Services Department if appropriate. Call the Building Manager @(310)524-2345 if you have questions. ❑ Copv of valid Octure I.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 MA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASINJ AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Submitted by tcornolete all blanksl: COLOR COPY REQUIRED BACK TO THE CITY Company Name:CARTER SERVICES By(Print name&q'd ): Company Street Address:2807 OREGON CRT. Vendor's Au orized Signature required: BUILDING F3 City,State,Zip:TORRANCE,CA 90503 Date signed: I I. UPhone:(310)618-2605 FAX:(310)381-3632 Vendors Email address: servioe@carterservices.com Mail original agreement and insurance to:City of El Segundo—City Clerk 350 Main Street,Room 5,El Segundo,CA 90245-3813 �ng nato partment Cont Date initiated: 01-10-2017 sa h ve Department Head Approval,, Date Appr ved: \C) Finance Approval: - Date Appr d: cc:Business License;City Clerk;Purchasing ent;Requeellng Dept name- PD A 4ED S TO FORM. ,✓Carter Services page agreement 2016s.docI CI CI1 AEY :: ,,. . Cl of El Segundo Agreement No. 5263 1.GENERALLY. The materials, supplies, or services (collectively, &PAYMENT. City will pay Seller after receiving acceptable invoices for 'Purchase) covered by this services agreement and purchase order materials and supplies delivered and acre)ted or services rendered and ("order') must be furnished by Seller subject to all the terms and accepted. City will not pay cartage, shipping, packaging or boxing conditions contained in this order which Seller, in accepting this order, a expenses unless specified in this order. Drafts will not be honored. agrees to be bound by and comply with in all particulars. No other terns 9.INDEMNIFICATION. Seller agrees o indemnify and hold City or conditions are binding upon the parties unless subsequently agreed to harmless from and against any claim,acfinn,damages,costs(including, in writing. Written acceptance or shipment of all or any portion of the without limitation, attorney's fees), injuries,or liability, arising out of the Purchase covered by this order constitutes unqualified acceptance of all Purchase or the order, or their performance. Should City be named in terms and conditions in this order. The terms of any proposal referred to any suit, or should any claim be brought against it by suit or otherwise, in this order are included and made a part of the order only to the extent whether the same be groundless or not, arising out of the Purchase or it specified the Purchase ordered,the price, and the delivery, and then order,or their performance,Seller will defend City(at City's request and only to the extent that such terns are consistent with the terms and with counsel satisfactory to City) and indemnify City for any judgment conditions of this order. rendered against it or any sums paid out I')settlement or otherwise.For 2.INSPECTION. The Purchase furnished must be exactly as specified in purposes of this section 'City" includes City's officers, elected officials, this order, free from all defects in Seller's performance, design, I and employees. It is expressly unde-stood and agreed that the workmanship, and materials, and, except as otherwise provided, is I foregoing provisions will survive termi ration of this order. The subject to inspection and test by City at all times and places. If, before , requirements as to the types and limits of insurance coverage to be final acceptance,any any Purchase is found to be incomplete,or not as maintained by Seller, and any approval of such insurance by City, are specified,City may reject it,require Seller to correct it without charge,or not intended to and will not in any manni ar limit or qualify the Iiabilities require delivery of such Purchase at a reduction in price that is equitable and obligations otherwise assumed by ;yeller pursuant to this order, under the circumstances. If seller is unable or refuses to correct such including,without limitation,to the provisio is concerning indemnification. items within a time deemed reasonable by City, City may terminate the 10.WARRANTY. Seller agrees that the Purchase is covered by the order in whole or in part. Seller bears all risks as to rejected Purchases most favorable commercial warranties the Seller gives to any customer and,in addition to any costs for which Seller may become liable to City for the same or substantially similar supplies or services,or such other under other provisions of this order, must reimburse City for all more favorable warranties as is specified in this order. Warranties will transportation costs, other related costs incurred,or payments to Seller be effective notwithstanding any inspection or acceptance of the in accordance with the terms of this order for unaccepted Purchases. Purchase by City. Notwithstanding City's acceptance of any Purchase, Seller is liable for 11.ASSIGNMENT. City may assign thf I order. Except as to any latent defects,fraud,or such gross mistakes as constitute fraud. payment due under this order, Seller may,not assign or subcontract the 3.CHANGES. City may make changes within the general scope of this order without City's written approval. ShoId City give consent,it will not order in drawings and specifications for specially manufactured supplies, relieve Seller from any obligations under t is order and any transferee or place of delivery, method of shipment or packing of the order by giving subcontractor will be considered Seller's a)ent, notice to Seller and subsequently confirming such changes in writing. If 12.INSURANCE. Seller must provide tt a insurance indicated on the such changes affect the cost of or the time required for performance of face sheet of this Services Agreement. this order,an equitable adjustment in the price or delivery or both must 13.PERMITS. Seller must procure all necessary permits and licenses, be made. No change by Seller is allowed without City's written approval. and abide by all federal,state,and local lawvs,for performing this order. Any claim by Seller for an adjustment under this section must be made 14.INDEPENDENT CONTRACTOR. Cite and Seller agree that Seller in writing within thirty (30) days from the date of receipt by Seller of will act as an independent contractor an f will have control of all work notification of such change unless City waives this condition in writing. and the manner in which is it performed. Seller will be free to contract Nothing in this section excuses Seller from proceeding with performance for similar service to be performed for other employers while under of the order as changed. contract with City. Seller is not an agent or employee of City and is not 4. TERMINATION. City may terminate this order at any time, either entitled to participate in any pension pla i, insurance, bonus or similar verbally or in writing, with or without cause. Should termination occur, benefits City provides for its employees. Nny provision in this order that City will pay Seller as full performance until such termination the unit or may appear to give City the right to direct Seller as to the details of doing pro rata order price for the performed and accepted portion of the the work or to exercise a measure of coi trot over the work means that Purchase. City may provide written notice of termination for Seller's Seller will follow the direction of the City as to end results of the work default if Seller refuses or fails to comply with this order. If Seller does only. not cure such failure within a reasonable time period,or fails to perform 15.WAIVER. City's review or acceptance of, or payment for, work the Purchase within the time specified(or allowed by extension),Seller product prepared by Seller under this crder will not be construed to will be liable to City for any excess costs incurred by City. operate as a waiver of any rights City mad have under this Agreement or 5.TIME EXTENSION. City may extend the time for completion if, in of any cause of action arising from Seller's performance. A waiver by City's sole determination,Seller was delayed because of causes beyond City of any breach of any tern, covenant,or condition contained in this Seller's control and without Seller's fault or negligence. In the event order will not be deemed to be a waiver o any subsequent breach of the delay was caused by City, Seller's sole remedy is limited to recovering same or any other term,covenant, or cc edition contained in this order, money actually and necessarily expended by Seller because of the whether of the same or different character. delay;there is no right to recover anticipated profit. %INTERPRETATION. This Agreement,vas drafted in,and will be &REMEDIES CUMULATIVE.City's rights and remedies under this order construed in accordance with the laws of tine State of California,and are not exclusive and are in addition to any rights and remedies provided exclusive venue for any action involving 0 is agreement will be in Los by law. Angeles County. 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 Ciltss ,opportunity to reject. Carter Services page agreement 2016s.doc 1110/17 I-Xr—"Call 19 Agre - "M Flo"r5MT"--1 F orrance,CA 90503 'ARTER' eme hone(310)618-2605 C Fax(310)381-3632 S E R V I C E S Plumbing - Heating - Air Electrical E-mail:service@carterservices.com State License(B.EA.R.)A40020-Contractor License 579986 w�.car'terservices.com W�.REC" ffGki�t-- 6 6 V P.O# 14 JOB ADDRESS# 71 BILLING ADDRESS# NltM d AME C', ADDRESS ADDRESS 156R SS——-------------------— CITY CITY HOME15-JiO—Nt WORK PHONE PHONE PRODIJCT MODEL P SERIALH j PLJR�FIASE DATE SERVICE REOL)EST Z. SERVICE PERFORMED DESCRIPTION IAMOUNT ............... 6, "21, X Z_- .... ...... ........... ........... Date S(I�rv�ced Tech Payment Date Check Amount Total Parts ............. Date Serviced Tech Payment Date Check# Amount Sales Tax Date Serviced Tech Payment Date Check# Amount Trip Charge 77- I a Labor I Limited Liability ESTIMATE#1 ESTIMATE#2 Labror2 Our insurance Carrier requires us to inform you that due to the nature of your products installation there is a po-,5ible Z chance for damage to acuo.By skjriihq bdoei you accept Freight Handling full liaWhty for any damage mconod by our lechoidari to the product,the surrounding cabinets,countertops or floor coverings,when removing your product or equipment for repairs or during the service of your product.You hereby relieve us any costs of repairs or liability should damage 7 7' occur by signing below Total L mm Naturally we will be as careful as possible. TOTAL Less Deposit Customer Signature_ _......................... ....... 'APPROVED.... ................ DECLINEO_,��. APPROVEQ a-D Balance laulhofize Carter Services,,Inc to perform the above estimated repairs I understand the estimate is for the I hereby Docept the abovu-perfoomM soroco,aind charges as being satisfactory and acknowledge that the specified work only. There may be other repairs and parts needed that are not apparent at this time. If any i ctlWjpment bas been 10t in goGdcondition.Old parts have been returned or disposed of to my satisfaction. additional repairs or parts are needed that are not included in[his esfirriale,I reserve the right to approve the pnymorg An full k eqladox!)al the vine repaks are compteled, A tato poyinow Omge equal to fhe Insser of cost of such repairs. I understand I will be charged for any labor costs necessary to return the machine to its t 1,n%per month or the maximum tawfulnge will accrue on awry^balance 1101 Itobd wQfiljrl 16 days of the seryke original condition. A late payment charge equal to the lesser of 111216 per month or the maximum lawful Tate rompliliowdate,In addWork a$500 pfocaming lea watt apply to NI itwolce5 unpaid after 15 days, will accrue on any unpaid D balance.In addition a$5 00 processing fee will apply to all invoices unpaid after 15 1 qtoe to pay 0 collection cosl'.legal ac altomey t6ss,sorvire 0411ges acrd Cw)Ijrt cosis to c0edall days. I agree to pay all collection costs,legal and attorney fees,service charges and court costs to collect all money due Carter Services,Inc. money due Carter Services,Inc I understand any check returned to Carter Services,Inc.by the bank will be I understand any check returned to Carter Services,Inc.by the bank will be assessed a$30.00 processing assessed a$30.00 processing fee in addition to any fees assessed by the bank foe in addition to any fees assessed by the bank In the event taproots are riot comptelod for mi)ma,,ori I vdi im clixted a ive at$......................................... and THE TERMS&CONDITIONS ON THE BACK OF THIS FORM ARE PART OF THE cover costs. ESTIMATE EXCLUDES PLASTER PATCHING OR REPAIRS AGREEMENT BETWEEN THE PARTIES THE TERMS&CONDITIONS ON THE BACK OF THIS FORM ARE PART OF THE 47 IF BOX IS CHECKED,I UNDERSTAND THIS REPAIR HAS NO WARRANTY. AGREEMENT BETWEEN THEPARTIES Customer Signature Customer,Sig nature DEPOSIT REQUIRED ON ALL REPAIRS TERMS: NET CASW 6P6N COMPLETION'OF WORK