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CONTRACT 5256 One Page Service Agreement CLOSED bye � AW"16�ln- "i1 �ra'�•' 4� nary u o ri N,- r M ` ► „ a a r ; �" �� �"� gym- i� ,w �� t � �r � ,�,� ��N � � � 41 ♦ w IT I f lip 1111111 1 Ill re ,;,�� � ;: a u»� �,y � ;� �� uk ^1 �a9��„ � �- ro �Y+"" 1� ��,� ♦ f Mr,` t r a Agreement No. 5256 1.GENERALLY. The materials, supplies, or services (collectively, "Purchase") officials, and employees. It is expressly understood and agreed that the covered by this services agreement and purchase order ("order") must be foregoing provisions will survive termination of this order. The requirements as furnished by Seller subject to all the terms and conditions contained in this order to the types and limits of insurance coverage to be maintained by Seller,and any which Seller, in accepting this order, agrees to be bound by and comply with in approval of such insurance by City, are not intended to and will not in any all particulars. No other terms or conditions are binding upon the parties unless manner limit or qualify the liabilities and obligations otherwise assumed by Seller subsequently agreed to in writing. Written acceptance or shipment of all or any pursuant to this order, including, without limitation, to the provisions concerning portion of the Purchase covered by this order constitutes unqualified acceptance indemnification. of all terms and conditions in this order. The terms of any proposal referred to in 10.WARRANTY. Seller agrees that the Purchase is covered by the most this order are included and made a part of the order only to the extent it specified favorable commercial warranties the Seller gives to any customer for the same the Purchase ordered, the price, and the delivery, and then only to the extent or substantially similar supplies or services, or such other more favorable that such terms are consistent with the terms and conditions of this order, warranties as is specified in this order. Warranties will be effective 2.INSPECTION. The Purchase furnished must be exactly as specified in this notwithstanding any inspection or acceptance of the Purchase by City. order, free from all defects in Seller's performance, design, workmanship, and 11.ASSIGNMENT. City may assign this order. Except as to any payment due materials,and,except as otherwise provided,is subject to inspection and test by under this order, Seller may not assign or subcontract the order without City's City at all times and places. If, before final acceptance, any any Purchase is written approval. Should City give consent, it will not relieve Seller from any found to be incomplete, or not as specified, City may reject it, require Seller to obligations under this order and any transferee or subcontractor will be correct it without charge, or require delivery of such Purchase at a reduction in considered Seller's agent. price that is equitable under the circumstances. If seller is unable or refuses to 12.INSURANCE. Seller must provide the insurance indicated on the face sheet correct such items within a time deemed reasonable by City,City may terminate of this Services Agreement. the order in whole or in part. Seller bears all risks as to rejected Purchases and, 13.PERMITS. Seller must procure all necessary permits and licenses,and abide in addition to any costs for which Seller may become liable to City under other by all federal,state,and local laws,for performing this order. provisions of this order, must reimburse City for all transportation costs, other 14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as related costs incurred,or payments to Seller in accordance with the terms of this an independent contractor and will have control of all work and the manner in order for unaccepted Purchases. Notwithstanding City's acceptance of any which is it performed. Seller will be free to contract for similar service to be Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as performed for other employers while under contract with City. Seller is not an constitute fraud. agent or employee of City and is not entitled to participate in any pension plan, &CHANGES. City may make changes within the general scope of this order in insurance, bonus or similar benefits City provides for its employees. Any drawings and specifications for specially manufactured supplies, place of provision in this order that may appear to give City the right to direct Seller as to delivery, method of shipment or packing of the order by giving notice to Seller the details of doing the work or to exercise a measure of control over the work and subsequently confirming such changes in writing. If such changes affect the means that Seller will follow the direction of the City as to end results of the work cost of or the time required for performance of this order, an equitable only. adjustment in the price or delivery or both must be made. No change by Seller is 15.WAIVER. City's review or acceptance of, or payment for, work product allowed without City's written approval. Any claim by Seller for an adjustment prepared by Seller under this order will not be construed to operate as a waiver under this section must be made in writing within thirty(30)days from the date of of any rights City may have under this Agreement or of any cause of action receipt by Seller of notification of such change unless City waives this condition arising from Seller's performance. A waiver by City of any breach of any term, in writing. Nothing in this section excuses Seller from proceeding with covenant,or condition contained in this order will not be deemed to be a waiver performance of the order as changed. of any subsequent breach of the same or any other term,covenant,or condition 4.TERMINATION. City may terminate this order at any time,either verbally or in contained in this order,whether of the same or different character. writing, with or without cause. Should termination occur, City will pay Seller as %INTERPRETATION. This Agreement was drafted in,and will be construed in full performance until such termination the unit or pro rata order price for the accordance with the laws of the State of California,and exclusive venue for any performed and accepted portion of the Purchase. City may provide written action involving this agreement will be in Los Angeles County. notice of termination for Seller's default if Seller refuses or fails to comply with 17. PREVAILING WAGES. If required by applicable state law including,without this order. If Seller does not cure such failure within a reasonable time period,or limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, fails to perform the Purchase within the time specified(or allowed by extension), 1775, and 1776, CONTRACTOR must pay its workers prevailing wage. It is Seller will be liable to City for any excess costs incurred by City. CONTRACTOR'S responsibility to interpret and implement any prevailing wage 5.TIME EXTENSION. City may extend the time for completion if, in City's sole requirements and CONTRACTOR agrees to pay any penalty or civil damage determination, Seller was delayed because of causes beyond Seller's control resulting from a violation of the prevailing wage laws. In accordance with Labor and without Seller's fault or negligence. In the event delay was caused by City, Code § 1773.2, copies of the prevailing rate of per diem wages are available Seller's sole remedy is limited to recovering money actually and necessarily upon request from CITY's Engineering Division or the website for State of expended by Seller because of the delay;there is no right to recover anticipated California Prevailing wage determination at htt.P:/Nwww.d'tlr.ca.00v/D[.SR/PWD.A profit. copy of the prevailing rate of per diem wages must be posted at the job site. &REMEDIES CUMULATIVE.City's rights and remedies under this order are not 18. CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR exclusive and are in addition to any rights and remedies provided by law. for CONTRACTOR's services not to exceed a total of $_5,000.00 (_Five 7.TITLE. Title to materials and supplies purchased under this order pass directly Thousand Dollars) for the work. CITY will pay for work as specified in the from Seller to City upon City's written acceptance following an actual inspection attached Exhibit"A,"which is incorporated by reference. and City's opportunity to reject. &PAYMENT. City will pay Seller after receiving acceptable invoices for Services to include: materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses Refer to attached Exhibit"A" 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 otherwise.For purposes of this section"City"includes City's officers,elected One-Page Services Agreement with Prevailing Wages.doc 2/7/17 Agreement No. 5256 Make Overhead Door 5618 E La Palma Ave Anaheim,Ca 92807 Contractor Lic 620943 Fax 714-970-2107,CA <4 (800)779-6256 Dawn @makodoor.com www.MakoDoor.com ESTIMATE ADDRESS SHIP TO ESTIMATE# 8838 El Segundo Fire Station El Segundo Fire Station DATE 12/30/2016 22261 E Mariposa Ave 22261 E Mariposa Ave EXPIRATION DATE 01/30/2017 EI Segundo,Ca 90245 EI Segundo,Ca 90245 ACTIVITY AMOUNT Mako Overhead Doer proposes the following; Provide and replace(1)bottom section and(1)intermediate section and repair or replace fixtures as needed for Door#1 and safety,check to ensure proper operation of door. We Quote:$3995 3,995.00 Should you have any questions,please don't hesitate to give Rob Bates a call or send an email RobC�,tvtakoDoor.com Note:Labor rates are prevailing wage. Estimate valid for(30)days.All hidden conditions,permits and TOTAL $3,995.00 fees are excluded. Accepted By Accepted Date Agreement No. 5256 Mako Overhead Door 5618 E La Palma Ave .� Anaheim,Ca 92807 Contractor Lic 620943 Fax 714-970-2107,CA (800)779-6256 Dawn @makodoor.com I www.MakoDoor.com ESTIMATE ADDRESS SHIP TO ESTIMATE# 8837 El Segundo Fire Station El Segundo Fire Station DATE 12/30/2016 22261 E Mariposa Ave 22261 E Mariposa Ave EXPIRATION DATE 01/30/2017 EI Segundo,Ca 90245 EI Segundo,Ca 90245 ACTIVITY AMOUNT Mako Overhead Door proposes the following„ Trouble shoot and repair exterior mounted keypad that does not work during rain conditions.Tech will seal box and 450.00 determine if cover must be added for additional weather conditions. Note:Additional parts or repairs will be quoted seperately. We Quote:$450 Should yyou have any questions,please don't hesitate to give Rob Bates a call or send an email to Rob@9akoDoor.com Note:Labor Rates are Prevailing Wage" Estimate valid for(30)days.All hidden conditions,permits and TOTAL $450.00 fees are excluded. �tJ Accepted By Accepted Date