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CONTRACT 5289 One Page Service Agreement CLOSEDAgreement No. 5289 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 01 1185 or 88. The arnount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal iniury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as "additional insureds" 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. FX] � orrntar?ehensjve General _Liab tlil,y, 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: ❑X $1,000,000 per occurrence. ❑ 100,000 - 300,200 per occurrence. ❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. © R orker ' Compensa ion hn grace: as required by State Statutes. (Not needed if Self- employed with no employees and SELLER signs statement to this effect.) Business License: The SELLER agrees 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, ❑ Copy of valid "picture: LD. (Drivers license etc.) PLEASE NOTE: ALL APPLICABLE INSURANCE AND OTHER REQUIREMENTS 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 MANAGER/PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. ��rmrltetl b frdr� SNetrr,,ll bNnnks : COLOR � COPY REQ1i81HD BACK TO I'iVh ". CHY Mail original agreement and ins 06ghat0ri0epad nt Deparlrnm�ob Head Appovalp I_ GAY F RI'. A -1 FENCE COMPANY t Y -, I �'....-U to: City of El Segundo- City Clerk 350 Main Street, Room 5, El Segundo, CA 90245.3813 1.GENERALLY. The materials, supplies, or services (collectively, "Purchase') covered by this Services Agreement ( "Agreement ") must be furnished by Seller subject to all the terms and conditions contained in [his Agreement which Seller, in accepting this Agreement, 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 Agreement constitutes unqualified acceptance of all terms and conditions in this Agreement. The terms of any proposal referred to in this Agreement are included and made a part of the Agreement 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 [his Agreement 2.CONSIDERATION. As consideration, City agrees to pay Seller for City's services not to exceed a total of $5,000 (Five rhousand Dollars) for the work, City will pay for work as specified in the attached Exhibit 'A," which is incorporated by reference. 1INSPECTION. The Purchase furnished must be exactly as specified in this Agreement, free from all defects in Seller's performance, design, workmanship, and materials, and, except as otherwise provided, is subject to inspection and teal by City at all limes and places. If, before final acceptance, any any Purchase is found to be incomplete, or riot as specified, City may reject it, require Seller to correct it without charge, or require delivery of such Purchase al a reduction in price [hat is equitable tinder (lie circumstances. If seller is unable or refuses to correct such items within a time deemed reasonable by City, City may terminate the Agreement 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 Agreement, must reimburse City for all transportation costs, other related costs incurred, or payments to Seller in accordance with the terms of this Agreement for unaccepted Purchases. Notwithstanding City's acceptance of any Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as constitute fraud. 4.CHANGES. City may make changes within the general scope of this Agreement in dfawings 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 Agreement, 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 wriling within thirty (30) days from the dale of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in [his section excuses Seller from proceeding with performance of the order as changed. 5. TERMINATION. City may terminate this Agreement at any lime, 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 Agreement. If Seller does not cure such failure within a reasonable lime 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. 6.TIME EXTENSION. City may extend the time for completion if, in City's sole determination, Seller was delayed because of causes beyond Seller's control and vAthoul 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. 7.REMEDIES CUMULATIVE. City's rights and remedies under this Agreement are not exclusive and are in addition to any rights and remedies provided by law. B.TITLE. Title to materials and supplies purchased under this Agreement pass directly from Seller to City upon City's written acceptance following an actual inspection and City's opportunity to reject, 9.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 Agreement. Drafts will not be honored. A -1 FENCE COMPANY Agreement No. 5289 10,INDEMNIFICA "rION. Seller agrees to indemnify and hold City harmless liosn and against any claim, action, damages, Costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the Purchase or the Agreement, or their performance. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether lice same be groundless or not, arising out of the Purchase or Agreement, 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 officials, and employees. It is expressly understood and agreed that the foregoing provisions will survive lerminalion of this Agreement 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 Agreement. including, without limitation, to the provisions concerning indemnification. 11.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 Agreement. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City. 12.ASSIGNMENT. City may assign this .Agreement Except as to any payment due under this Agreement, Seller may not assign or subcontract the Agreement without City's written approval Should City give consent, it will not relieve Seller from any obligations under this Agreement and any transferee or subcontractor will be considered Seller's agent. 13.INSURANCE. Seller must provide the insurance indicated on the face sheet of this Services Agreement. 14.PERMITS. Seller must procure all necessary permits and licenses. and abide by all federal, stale, and local laws, for performing this Agreement. 15ANDEPENDENT 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 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 Agreement 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 resU,ls of the work only. 16.WAIVER. City's review or acceptance of, or payment for, work product prepared by Seiler under this Agreement 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 Seller's performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement 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 Agreement, whether of the same or different character. 17.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. 18. PREVAILING WAGES. If required by applicable state law including, withoul limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, SELLER must pay its workers prevailing wage. It is SELLER'S responsibility to interpret and implement any prevailing wage requirements and SELLER 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 Slate of California Prevailing wage determination at Yrt 1wltw�a9is.q 5lc iDI-SR PW . A copy of the prevailing rate of per them wages must be posted at the job site. Materials, supplies or services to include: Refer to attached Exhibit -A' Agreement No. 5289 EXHIBIT A FENCE COMPANY 2831 E. La Cresta Ave. Anaheim, CA 92806 State License: 528260 Class: C -13, C -23, C -61/28 714 - 630 -3390 FAX:714- 630 -6013 INFO @AIFENCE.COM v yy A COMPANY STREET ADDRESS CITY, STATE, ZIP CONTACT NUMBER E -MAIL AGENCY PROPOSAL DATE JOB ADDRESS JOB CITY, STATE, ZIP CONTACT A -1 FENCE COMPANY 2831 E. La Cresta Ave. Anaheim, Ca 92806 ERIK BROWN 714 - 630 -3390 City of El Segundo 2/24/17 350 Main Street El Segundo, CA 90245 -3813 310 - 524 -2364 SCOPE OF WORK PROPOSED A -1 will provide on -call services for fence repairs and installations, as requested by the City. The representative will review each request on site to identify the scope of work, materials required and the time schedule required. Per City requirements, all labor will be paid at prevailing wages, portal -to- portal unless directed otherwise. Both options are shown. A written estimate will be provided for each service request. On -Call Requests: Minimum charge 4 hours, two man crew paid at prevailing wages: $312.50 per hr. Minimum charge 4 hours, two man crew paid at standard wages: $202.00 per hr. Includes truck, standard tools, ladders, welder /generator. This rate does not include materials or special equipment. Acceptance of Proposal The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Date Accepted Authorized by (Name/Title) Agreement No. 5289 EXHIBIT A LOCATION: CITY OF EL SEGUNDO -OWNED FACILITIES GENERAL CONDITIONS 1. Contractor will provide on -call and /or scheduled fence repair services on City -owned facilities. 2. All mobilization /demobilization, labor, activities, and materials to do the work and repair or replace the existing fence will be included as part of the proposal cost. 3. The work is warrantied for one year after repairs are made. SPECIFIC SCOPE 1. Remove and dispose all materials to be replaced including posts if needed. 2. Repair /replace the existing damaged chain link fence and posts. 3. Contractor is to be registered in accordance with Labor Codes 1725.5, 1771,1 and 1771.4 (SB 854) A -1 FENCE COMPANY