CONTRACT 5292 CLOSED Agreement No. 5292
Services Agreement
4
CONTRACTOR: ALOHA DOORS DATE MAILED:3/1/2017
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.
Compr�;i qn� ive Qqqpral Liab0ilw, 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.
❑X Auto Liability,including owned, non-owned and hired vehicles with at least:
C $1,000,000 per occurrence.
❑ .?vI00„000.3001.000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
$ orkers' Comoensabon 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.
❑ Coov of valid oicture 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 (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY.
Suboruit(d b coyvlete all blanks): COLOR COPY REQUIRED BACK TO THE CITY
Company Name By(Print name&title):
mm v Carman,Owner
COmMDn St.#119 ri -. .w_
. ....______m_.. ..._�- � itne u�thortzed Sic prate required
214 pang Street Address r..... �' .✓�r�erzZ-t �eT�—
EI1Seuntdo,CA.... ate fined
y p
90245 `? ,f” 4�
Phone: FAA.
356-3388
vendors Email address: .... . , _ .�.__._... .�-. -Vendor's Web site:
vjhilnev alobadoors,cornm
Mail original agreement and insurance to:City of El Segundo-City Clerk 350 Main Street,Room 5,El Segundo,CA 90245.3813
Originator/Department Contact: MARTINmWHI'TEHEAD,PUBLIC WORKS Date initiated: 311�/t2017
Department Head Approva: oLUnLIC WORKS DI RFCT �� Date Approved.
r pnce ,. _ .. :...t�� ,. �._. ......._�_ ................t pr •'_". �,�r Date �d. �. .
Cil t Attorney City Mana er y ,p
-
i" .
311/2017
Agreement No. 5292
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 II.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,
3.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 Sellers 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 16.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 Sellers default if Seller refuses or fails to comply with 17. PREVAILING WAGES. If required by applicable state law including,
this order. If Seller does not cure such failure within a reasonable lime period,or without limitation Labor Code§§ 1720 (as amended by AB 975 (2001)),
fails to perform the Purchase within the time specified(or allowed by extension), 1771,1774,1775,and 1776,CONTRACTOR must pay its workers prevailing
Seller will be liable to City for any excess costs incurred by City. wage. It is CONTRACTOR'S responsibility to Interpret and Implement any
S.TIME EXTENSION. City may extend the time for completion if,in City's sole prevailing wage requirements and CONTRACTOR agrees to pay any
determination, Seller was delayed because of causes beyond Seller's control penalty or civil damage resulting from a violation of the prevailing wage
and without Seller's fault or negligence. In the event delay was caused by City, laws. In accordance with Labor Code§1773.2,copies of the prevailing rate
Sellers sole remedy is limited to recovering money actually and necessarily of per them wages are available upon request from CITY's Engineering
expended by Seller because of the delay;there is no right to recover anticipated Division or the website for State of California Prevailing wage
profit. determination at htto:JJvA",o+.dir,c a.oc)v/DLSPJPWD.A copy of the prevailing rate
6.REMEDIES CUMULATIVE.City's rights and remedies under this order are not of per them wages must be posted at the job site.
exclusive and are in addition to any rights and remedies provided by law. 18. CONSIDERATION.As consideration, CITY agrees to pay CONTRACTOR
7.TITLE. Title to materials and supplies purchased under this order pass directly for CONTRACTOR's services not to exceed a total of$2,500.00(Two Thousand
from Seller to City upon City's written acceptance following an actual inspection Five Hundred Dollars)for the work. CITY will pay for work as specified in the
and City's opportunity to reject. attached Exhibit A"which is incorporated by reference.
&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 Exhibit A;
unless specified in this order. Drafts will not be honored. 9 Door andlor Gate Repairs and Services
9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from 0 Aloha Doors Invoice#7661211012017 for emergency services
and against any claim, action, damages, costs (including, without limitation, performed at Fire Station 2 on 21112017.
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 Citys officers,elected
3/1/2017
Agreement No. 5292
EXHIBIT A
ALOHA Invoice
DOORS
COMMERCIAL DOORS
GATES&.PAORI
Office:310-414-04P.8
ly I F.1 S I
Fjx;310-356-33OZ
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Addu(rz:214 Will jtrcct 4119
ki S I CA 90245
,uty Ncfnoe�
Vc;W.; Duc Doi rL'.im
Dormr4in R00 7,1 AMIAlill
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I I K QN:RRE STxrpt;L•®'InI u1
I'ROW.F.M:NROKEIP,Vkllki
$ g-Il U7 11 1' L-dl!.T.-dinizxn purf.-irin!':�Jiv foirewinp. 22t n1l "5.111
iI jo-oll 311disqt--ff K duor A 1 16$.1111 1%-i,1.0
lta—,a tnz >11«.f III,$p.4.1, J."',wl III,«tl^.q
c:-w Gf do,x0aca-imt,irrim;
MINI-KRIALS USED:
"Prily'."R IN 11 nil
II
Total
PaymentslCredits
SIC0
3/1/2017