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CONTRACT 5690 One Page Service Agreement CLOSEDAgreement No. 5690 CONTRACTOR: Al SANDBLASTING AND STUCCO, INC. DATE MAILED:411812019 Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of EI 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 98. 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. ® Comnrehensive 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 $11.0010,00 per occurrence. ® auto l -lability, including owned, non -owned and hired vehicles with at least ® J=,00Q 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' Compensation 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 EI 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. ❑ CON of valid oi'cture 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. Submitted by (complete all blanks): Company Name: s Al Sandblasting and Stucco, Inc. Company Street Address: 115 Nevada Street City, State, Zip: EI Segundo, CA 90245 Phone: 310-322-1135 Vendor's Email address: a Ifredo.torres00Qyahoo. com " By (Print name & title): Alfredo Torres, President Vendor's utltoried ature required: Vendor" sig dl: " 1 CELL: 310-322-1135 Vendor's Web site: Mail original agreement and insurance to: City of EI Segundo — City Clerk 350 Main Street, Room 5, EI Segundo, CA 90245.3813 ginator Department Contact: ,ioroe Prado. Maintenance S'uoe t or Date initiated: 0411812019 Department Head Approval: Ken Berkman. PrrttiEio Works Direct Date Approwed: ins ranc Apr at: � �_.�.._.�.............._. Dat&,oyed� NIA f City Attomey City Manager Ot Clerk Agreement No. 5690 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 11I.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 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, this order. If Seller does not cure such failure within a reasonable time 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 5.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 Seller's sole remedy is limited to recovering money actually and necessarily of per diem 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 hila:/Avww,dir,ca.00v/DL'SRJPWD. A copy of the prevailing rate 6.REMEDIES CUMULATIVE. City's rights and remedies under this order are not of per diem 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 $20,000.00 (Twenty from Seller to City upon City's written acceptance following an actual inspection Thousand Dollars) for the work. CITY will pay for work as specified in the and City's opportunity to reject. attached Exhibit 'A" which is incorporated by reference. &PAYMENT. City will pay Seller after receiving acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses Exhibit A includes: unless specified in this order. Drafts will not be honored. Al SANDBLASTING AND STUCCO, INC Quote 9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the Purchase or the order, or their performance. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City's request and with counsel satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "City" includes City's officers, elected i a = mr-JoK00% *I MIL %; I - 1161. 011,10PWIM1160W. %,#%Lbrwn1mij4 vw&.*n VVION SOUTH siby- (:S10) 222-2143 - F140PI LOS Ak&CLKU- 4323) 772-203* d PAX - (3t*)322-113* MEMMA ' W"or kinaTiship and Quality Guara-tireed" Agreement No. 5690 MK*VjHO NOUTHEMP& CALIPrOMMIA MINCE 1045 STATS L9CKM$K 1410- 70— CPel Are I have Just cornplatucl an Inspection of the property located at,,_ CA 9OL��5 and I foal that this property r#qukst the folloimno mathods to inkmr* a pro sandwasting and/or osor cost job. WET SAMoStASTINGTO BE USED ADDITIONAL COMMENTS: We guaranue the color coat Am- years apukiyt Vuffiny rifi, M"ing anel pow.1100, no gwwrre against cricking, One eighth Incl; of stucco will not hold the bafiding tWfficr. No guounree where pa-exhring alkali condielobs exit, A-1: Is not responsible for selection of color. A-1: is not responsible for my cracking on snvoth stucoo firmsh A-1: has the rkM to put a left on ,your PMPertY if PaYment is MOt received. piva of 110suronce diod"t upon reva4m TOTAL Pgv#nwmt wMI be swept and washed down, card on driveways, porches and walks will be removed on cowlattan W sandtAmting, All of the shove work to be completed in s worlimme4ilas manner according to standard primaiiest for the sum of Fw your protection, be sure Your CQA1traGt0V is ReipuctrolIv wbrnitwd. Licensed and linsurod. Sme; License No. $* MO - ACCEPTANCE I hereby outhoriam the obovs to furnish III. MatlenillIS and 181)OF required to comOeto tha work mentioned In the above propofol for which I area to Pay the amount mertzkoed In said proporial, and according to the towns thereof. ACCEPTED Oslo til PRICE 1. Wood TOM (i.e., Window & Dow Framer) will ho, sandblasted to somm, vartom, due to ovenisorly 2. Tape oil openings as needed. (Our responsibility} 3. C-orm o0ionings Min canvas or varpoper as necessary. wry. (Our tesponsIN lily) 4. Notify neighbors before staring work. lOwnerrespons;KcIrl 5, flernovoscroons. (Owner responsiblityl G. Protect plants with shields where prualishr. (Our tosponsitsday) 7. Owner to sit beck or remove plants I K' - 2 toot from buildoM. F —8—Yr—*xh6jY'-4" as fliethod. B. Covorsovknnilng pool lOurro"nsibilkyl, IM Cover goal otiqlIvnent, lowner re"nsiblilryl s. flsmtovsswninps df posdibae IOrvmorrssPoAsihM;TV0 Progress payments shall be ffoudeas foliomm. Payments ohms be mask vithimi 3 dap of cumpotiom of much proem. If my Payment im not mode whom them, t4ritrisaw maV tumporms Work oil " Ints nota such time a &I payments due how hours made. A failure to make payment for 4 Period in excess of 3 dW frilre the due date of the pavement shelf be dromind a ovelailol brolich of this Contract. 1. Sandblasting Amount Duel SWIMMlila'Dool "00 - Z Sceffolding Amount Clue, j & Moping Amount am: 4. Scratch Coat Amount Due: 5. Brown Coat Amount Due: & Color Cost Amount Due: 7. Other Work Airesum Out; ADDITIONAL COMMENTS: We guaranue the color coat Am- years apukiyt Vuffiny rifi, M"ing anel pow.1100, no gwwrre against cricking, One eighth Incl; of stucco will not hold the bafiding tWfficr. No guounree where pa-exhring alkali condielobs exit, A-1: Is not responsible for selection of color. A-1: is not responsible for my cracking on snvoth stucoo firmsh A-1: has the rkM to put a left on ,your PMPertY if PaYment is MOt received. piva of 110suronce diod"t upon reva4m TOTAL Pgv#nwmt wMI be swept and washed down, card on driveways, porches and walks will be removed on cowlattan W sandtAmting, All of the shove work to be completed in s worlimme4ilas manner according to standard primaiiest for the sum of Fw your protection, be sure Your CQA1traGt0V is ReipuctrolIv wbrnitwd. Licensed and linsurod. Sme; License No. $* MO - ACCEPTANCE I hereby outhoriam the obovs to furnish III. MatlenillIS and 181)OF required to comOeto tha work mentioned In the above propofol for which I area to Pay the amount mertzkoed In said proporial, and according to the towns thereof. ACCEPTED Oslo til