HomeMy WebLinkAboutC-7872-2 - Purchase Agreement for Spacesaver Freestyle Lockers (Police Station)f
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r 00 PURCHASE AGREEMENT
WITH GATEHOUSE MSI, LLC DBA MCMURRAY STERN FOR
V
SPACESAVER FREESTYLE LOCKERS
THIS PURCHASE AGREEMENT ("Agreement") is made and entered into as of this
9th day of February, 2021 ("Effective Date") by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and GATEHOUSE MSI,
LLC, a Delaware limited liability company, doing business as ("DBA") MCMURRAY STERN,
("Vendor"), whose principal place of business is 70 S. Lake Avenue, Suite 750, Pasadena,
CA 91101, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Vendor to provide Spacesaver Freestyle Lockers as detailed
in the Scope of Work and Schedule of Billing Rates attached hereto as Exhibit "A"
("Products" or "Project').
C. Vendor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the City for the Project, is familiar with all
conditions relevant to the performance of services and has committed to perform all
work required for the price specified in this Agreement.
D. Vendor is a supplier of Spacesaver and is awarded this Agreement via Sourcewell
Contract #010920 -SPC.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SCOPE OF WORK
1.1 Vendor shall provide all tangible items described in the Scope of Work
attached hereto as Exhibit "A" and incorporated herein by reference. As a material
inducement to the City entering into this Agreement, Vendor represents and warrants that
Vendor is a provider of first class work and services and Vendor is experienced in performing
the work and services contemplated herein and, in light of such status and experience,
Vendor covenants that it will perform all work in a manner commensurate with community
professional standards and with the ordinary degree of skill and care that would be used
under reasonably competent practitioners of the same discipline under similar
circumstances and that all materials will be of good quality.
1.2 Vendor shall fulfill all requirements of performance, and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
Gatehouse MSI, LLC DBA McMurray Stern Page 1
1.3 In consideration of the payment of the purchase price and subject to all the
terms and conditions hereof, Vendor shall: provide Spacesaver Freestyle Lockers,
previously defined as "Products" or "Project", as listed and set forth in the Scope of Work
attached hereto as Exhibit "A" and incorporated in full by this reference.
2. TIME OF PERFORMANCE
2.1 Time is of the essence in the performance of services under this Agreement.
City reserves the right to refuse the Products, or part thereof, and to cancel all or any part of
the Products not conforming to applicable specifications, samples or descriptions. City shall
receive a pro -rata refund for the Products, or part thereof, cancelled under this Agreement,
within thirty (30) calendar days of City's cancellation. Acceptance of any part of the order
for Products shall not bind City to accept future shipments nor deprive City of the right to
return Products already accepted at Vendor's expense. Over shipments and under
shipments of Products shall be only as agreed to in writing by City. Delivery shall not be
deemed to be complete until all Products have actually been received and accepted in
writing by the City, as stated in Section 4. The failure by Vendor to meet this schedule may
result in termination of this Agreement by City as outlined in Section 17 below.
2.2 Force Majeure. The time period(s) for delivery of Products pursuant to this
Agreement shall be extended because of any delays due to unforeseeable causes beyond
the control and without the fault or negligence of Vendor, including but not restricted to acts
of God or of the public enemy, unusually severe weather, fires, earthquakes, floods,
epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any
governmental agency, including the City, if Vendor shall within ten (10) days of the
commencement of such delay notify City in writing of the cause of the delay. City shall
ascertain the facts and extent of delay, and extend the time for performing the services for
the period of the enforced delay when and if in the judgment of the City such delay is justified.
City's determination shall be final and conclusive upon the parties to this Agreement. In no
event shall Vendor be entitled to recover damages against City for any delay in performance
of this Agreement, however caused, Vendor's sole remedy being extension of the
Agreement pursuant to this Section.
3. ACCEPTANCE/ PAYMENT
Unless otherwise agreed to in writing by City, acceptance of the Products shall not
be deemed complete unless in writing and until all of the Products, including each part
thereof, has actually been received, inspected and tested to the satisfaction of City.
4. DELIVERY
4.1 Delivery to City of the Products shall be made within two -hundred twenty-five
days (225) calendar days from the execution of the Agreement.
4.2 Delivery shall be made to the Newport Beach Police Department at 870 Santa
Barbara, Newport Beach, CA 92660, or such other location as may be designated by City
in writing. Time of delivery is of the essence in this Agreement. City reserves the right to
refuse the Equipment, or part thereof, and to cancel all or any part of the Equipment not
conforming to applicable specifications, samples or descriptions. City shall receive a pro -
Gatehouse MSI, LLC DBA McMurray Stern Page 2
rata refund for the Equipment, or part thereof, cancelled under this Agreement, within thirty
(30) calendar days of City's cancellation. Acceptance of any part of the order for Equipment
shall not bind City to accept future shipments nor deprive City of the right to return Equipment
already accepted at Vendor's expense. Over shipments and under shipments of Equipment
shall be only as agreed to in writing by City. Delivery shall not be deemed to be complete
until all Equipment have actually been received and accepted in writing by the City.
4.3 Vendor shall submit all requests for extensions of time for delivery in writing
to the City Purchase Administrator not later than ten (10) calendar days after the start of the
condition that purportedly causes a delay. The Purchase Administrator shall review all such
requests and may, at his/her sole discretion, grant reasonable time extensions for
unforeseeable delays that are beyond Vendor's control.
4.4 The Parties agree that it is extremely difficult and impractical to determine and
fix the actual damages that City will sustain should the Vendor fail to complete the delivery
as called for in this Agreement. Should Vendor fail to complete the delivery as called for in
this Agreement, Vendor agrees to the deduction of liquidated damages in the sum of One
Hundred Dollars and 00/100 ($100.00) per day, for every day beyond the date scheduled
for delivery provided in Section 4.1. Execution of this Agreement shall constitute agreement
by the City and Vendor that the sum of One Hundred Dollars and 00/100 ($100.00) per day,
is the minimum value of costs and actual damages caused by the failure of Vendor to deliver
the Equipment within the allotted time. All liquidated damages shall be paid within ten (10)
calendar days of City's written request for payment. Such sum is liquidated damages and
shall not be construed as a penalty, and may be deducted from payments due the Vendor,
or recovered from Vendor, as applicable, if such delay occurs.
5. TERM
Unless earlier terminated in accordance with Section 17 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services agreed to
herein or until June 30, 2022, whichever occurs first.
6. COMPENSATION
City shall pay Vendor for the Products in accordance with the provisions of this
Section and Exhibit "A" and incorporated herein by reference. The purchase price for the
Products shall not exceed Three Hundred Forty Four Thousand Five Hundred Forty Six
Dollars and 13/100 ($344,546.13) ("Purchase Price"). City shall pay Vendor one-half (1/2)
of the Purchase Price within (30) days of execution of the Agreement in the amount not -to -
exceed One Hundred Seventy Two Thousand Two Hundred Seventy Three Dollars and
07/100 ($172,273.07). City shall pay one-half (1/2) of the Purchase Price within (30) days of
receipt of Equipment in the amount to exceed One Hundred Seventy Two Thousand Two
Hundred Seventy Three Dollars and 06/100 ($172,273.06). Vendor shall provide City with a
minimum fourteen (14) days' notice of its dates of delivery to enable the City to prepare the
delivery sites for the Products in accordance with the instructions of Vendor. The City shall
complete site preparation prior to the date of delivery of the Products, and the site shall
thereafter be available for inspection and approval. All costs and expenses related to the
site preparation shall be at the sole expense of City.
Gatehouse MSI, LLC DBA McMurray Stern Page 3
7. PROJECT MANAGER
Vendor shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during the
term of the Agreement. Vendor has designated Laura Borda to be its Project Manager.
Vendor shall not remove or reassign the Project Manager without the prior written consent
of City. City's approval shall not be unreasonably withheld.
8. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's Public
Works Director or designee shall be the Project Administrator and shall have the authority
to act for City under this Agreement.
9. TYPE OF MATERIALS/STANDARD OF CARE
9.1 Vendor shall use only the materials described in Exhibit "A" in providing
Products under this Agreement. Any deviation from the materials described in Exhibit "A"
shall not be delivered unless approved in advance by the City Project Administrator.
10. RESPONSIBILITY FOR DAMAGES OR INJURY
10.1 To the fullest extent permitted bylaw, Vendor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers, and
employees (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including, without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever (individually, a Claim;
collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly)
to any breach of the terms and conditions of this Agreement, any work performed or services
or equipment provided under this Agreement including, without limitation, defects in
workmanship or materials (including the negligent and/or willful acts, errors and/or
omissions of Vendor, its principals, officers, agents, employees, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts they
may be liable or any or all of them).
10.2 Notwithstanding any other provision of this Agreement to the contrary Vendor
shall not be required to indemnify the Indemnified Parties from any and all Claims (a) arising
from the sole or partial negligence (including, without limitation, active and pass negligence)
or willful misconduct of the Indemnified Parties or their boards and commissions, officers,
agents, volunteers, representatives, contractors, and employees, as well as any third
parties, or (b) that are filed in court or any other administrative agency or asserted (in writing)
against Indemnified Parties more than one (1) calendar year after the project and/or services
contemplated by this Agreement are completed. The "active and passive negligence or
willful misconduct" in the preceding sentence shall mean, without limitation or affecting the
statutory and common law legal definition, Indemnified Parties failing to promptly follow
written recommendations of Vendor arising out of or relating to the Products provided.
Gatehouse MSI, LLC DBA McMurray Stern Page 4
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in
any action on or to enforce the terms of this Agreement. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by Vendor;
provided however, that Vendor shall be reimbursed for any indemnification provided to
Indemnified Parties from insurance policy benefits paid to Indemnified Parties arising out of
or relating to the Claim.
11. COOPERATION
Vendor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to be
performed. City agrees to cooperate with the Vendor on the Project.
12. INSURANCE
Without limiting Vendor's indemnification of City, and prior to commencement of
work, Vendor shall obtain, provide and maintain at its own expense during the term of this
Agreement or for other periods as specified in this Agreement, policies of insurance of the
type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit B, and incorporated herein by reference.
13. SUBCONTRACTING
No subcontractors are currently authorized by City to perform work on this Project.
Except as specifically authorized herein, the services to be provided under this Agreement
shall not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
14. WITHHOLDINGS
City may withhold payment to Vendor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to constitute
a failure to pay according to the terms of this Agreement. Vendor shall not discontinue work
as a result of such withholding. Vendor shall have an immediate right to appeal to the City
Manager or his/her designee with respect to such disputed sums. Vendor shall be entitled
to receive interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts found to
have been improperly withheld.
15. CONFLICTS OF INTEREST
15.1 The Vendor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1)
require such persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibit such persons from
making, or participating in making, decisions that will foreseeably financially affect such
interest.
Gatehouse MSI, LLC DBA McMurray Stern Page 5
15.2 If subject to the Act and/or Government Code §§ 1090 et seq., Vendor shall
conform to all requirements therein. Failure to do so constitutes a material breach and is
grounds for immediate termination of this Agreement by City. Vendor shall indemnify and
hold harmless City for any and all claims for damages resulting from Vendor's violation of
this Section.
16. NOTICES
16.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Vendor and conclusively shall be deemed
served when delivered personally, or on the third business day after the deposit thereof in
the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Vendor to City shall be addressed to City
at:
Attention: Public Works Director
Public Work Department
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
16.2 All notices, demands, requests or approvals from City to Vendor shall be
addressed to Vendor at:
Attention: Laura Borda
Gatehouse MSI, LLC dba McMurray Stern
15511 Carmenita Road
Santa Fe Springs, CA 90670
17. TERMINATION
17.1 Termination With Cause - In the event that either party fails or refuses to
perform any of the provisions of this Agreement at the time and in the manner required, that
party shall be deemed in default in the performance of this Agreement. If such default is not
cured within a period of five (5) calendar days, or if more than five (5) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within five (5) calendar days after receipt of written notice of
default, specifying the nature of such default and the steps necessary to cure such default,
the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
17.2 Termination Without Cause. Notwithstanding the above provisions, City shall
have the right, at its sole discretion and without cause, of terminating this Agreement at any
time by giving seven (7) calendar days prior written notice to Vendor. In the event of
termination under this Section, City shall pay Vendor for all Products delivered to City site
under this Agreement that City deems usable in its sole discretion.
Gatehouse MSI, LLC DBA McMurray Stern Page 6
18. WARRANTY
18.1 Vendor warrants to City that all Products to be delivered hereunder will be free
from defects in material or workmanship and will be of the kind and quality designated or
specified by Vendor in Exhibit "A". The warranty shall apply only to defects appearing within
two years from the date of final acceptance by City for hardware products not manufactured
by the Vendor, and two years from the date of final acceptance by City for hardware products
manufactured by Vendor. If Vendor installs the Products and associated hardware and
materials, or supplies technical directions of installation by Agreement, the warranty period
shall run from the date of final acceptance of installation by City, provided same is not
unreasonably delayed by City.
18.2 If Vendor -manufactured equipment delivered hereunder does not meet the
above warranty, and if City promptly notifies Vendor in writing, Vendor shall thereupon
correct any defect, including non-conformance with the specifications, either (at its option)
by repairing any defective or damaged parts of the equipment, or by making available any
necessary replacement parts, delivered and installed without additional charge to City within
seven (7) working days. City will return the defective product to Vendor, at Vendor's
expense. Vendor shall repair or replace the defective item and return it to City, shipping
costs prepaid. Vendor shall perform any necessary testing, hardware and equipment
removal, repair, replacement, certification, and installation at no cost to the City during the
warranty period, using Vendor's equipment.
18.3 The foregoing warranty is exclusive and in lieu of all other warranties, whether
written, oral, implied or statutory. Vendor does not warrant any equipment of other
manufacture designated by City.
19. REPRESENTATIONS
19.1 Non -infringement. Vendor represents that to the best of its knowledge the
technology embodied in the products sold herein does not infringe upon a United States
patent or United States copyright in effect as of the Effective Date.
19.2 Authori . Each party represents as follows: (a) that it has full power and
authority to execute, deliver and perform its obligations under this Agreement; (b) that there
are no actions, proceedings or investigations, pending or, to the best of each party's
knowledge, threatened against such party which may in any manner whatsoever materially
affect the enforceability of this Agreement or the rights, duties and obligations of the parties
hereunder; and (c) that the execution, delivery and performance of this Agreement will not
constitute a breach or default under any agreement, law or court order under which such
party is a party or may be bound or affected by or which may affect the rights, duties and
obligations hereunder.
19.3 No Other Representations. Each party acknowledges and agrees that it is
relying on no representation of the other party except as expressly set forth herein.
Gatehouse MSI, LLC DBA McMurray Stern Page 7
20. CONFIDENTIAL INFORMATION.
Vendor agrees to maintain the confidentiality of all City and City -related records
and information pursuant to all statutory laws relating to privacy and confidentiality that
currently exist or exist at any time during the term of this Agreement. All such records
and information shall be considered confidential and kept confidential by Vendor and
Vendor's staff, agents, employees and subcontractors.
21. ASSIGNMENT
This Agreement shall not be assigned by any party, or any party substituted, without
prior written consent of the City and the Vendor.
22. STANDARD PROVISIONS
22.1 Recitals. City and Vendor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference into this Agreement.
22.2 Compliance with all Laws. Vendor shall at its own cost and expense comply
with all statutes, ordinances, regulations and requirements of all governmental entities,
including federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all Work prepared by Vendor shall conform to applicable City, county, state and
federal laws, rules, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
22.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant or condition contained herein, whether of the same
or a different character.
22.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
22.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
22.6 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party
by reason of the authorship of the Agreement or any other rule of construction which might
otherwise apply.
22.7 Amendments. This Agreement may be modified or amended only by a written
document executed by both Vendor and City and approved as to form by the City Attorney.
Gatehouse MSI, LLC DBA McMurray Stern Page 8
22.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
22.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this Agreement
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
22.10 Equal Opportunity Employment. Vendor represents that it is an equal
opportunity employer and it shall not discriminate against any subVendor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
22.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
22.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Gatehouse MSI, LLC DBA McMurray Stern Page 9
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY AT ORNEY'S OFFICE
Date: 2 a 2 J
By: C.U,—c -
A-6ron C. Harp
City Attorney
ATTEST:
Date: V. -/Z -?e/;?,/
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad
Ma
VENDOR: GATEHOUSE MSI, LLC, a
Delaware limited liability company, doing
business as ("DBA") MCMURRAY STERN
Date:
By: Signed in Counterpart
Kenny DeAngelis
Manager
Date:
Signed in Counterpart
Scott Stevens
Manager
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Work and Schedule of Billing Rates
Exhibit B - Insurance Requirements
Exhibit C - Faithful Performance Bond
Gatehouse MSI, LLC DBA McMurray Stern Page 10
IN WITNESS VVMEREOF, the parties have cauoxd this AnnaernenthzbeexaCubed
un1hedates written be|ow.
APPROVED ASTOFORN1:
C|TY/\TTORNEY'S OFFICE
Date:
Gy�
Aaron C. Hari)
City Attorney
CITY OFNEWPORT BEACH,
a Ca|ihzrn!a nit -,),i! corporation
[}ate
-_ Py�__�___�
B|adAvery
mayu/
ATTEST: VENDOR: GATEHOUSE k4S/ LL
Date----.— Delaware hnnibsd liability company,
husines a BA^)K8C&1URRAY RN
Date� all 6\ /]
Lai|ani i Brown K.enwyO
City Clerk tvl anagi-,-./
Oa(e� Afl, �
B
K4anager
[END OFSIGNATURES]
Attachments Exhibit A– Scope ofVYo,k and Soh,�du|e o/ Billing Rates
Exhibit B– Insurance Requi/eo��nis
ExhibitC–Faiihkl! P�rlo/rnance Bond'
Gatehouse MSI. LLC DBA &4cMuinayStern page 10
EXHIBIT A
SCOPE OF WORK AND
SCHEDULE OF BILLING RATES
Gatehouse MSI, LLC DBA McMurray Stern Page A-1
QUOTATION FOR PRODUCTS AND SERVICES
Presented by: Latwa Boi cda,Fr 3v'evitSheffiet&
Quote #: 28134 NBPD — Freestyle Locker Quote
Date: January 28, 2021
'r'e' Me Murray iR Stera
rrr THF STORAGF SOI HTIONS GROUP
15511 Carmenita Road - Santa Fe Springs, CA 90670
C: 714.856.1928 10: 562.623.3012 1 F: 562.293.9812
E: Iborda()mcstern.com I www.mcmurraystern.com
Attention: Delivery Address:
Peter Tauscher, P. E. Newport Beach Police Department
City of Newport Beach 870 Santa Barbara Drive
100 Civic Center Drive Newport Beach, CA 92660
Newport Beach, CA 92660
Description 7
Unit Price I Extension
General Requirements: McMurray Stern is to provide Spacesaver
Freestyle Lockers, per Sourcewell Contract Pricing, for direct delivery to
Newport Beach Police Department. These lockers are to be installed by
others. The lockers provided are per WLC Architects project #1614901,
drawing dated 06/05/2020 and per McMurray Stern Drawing #28134
dated 07/24/2020.
1 lot A total of (281) Spacesaver Freestyle Lockers at 90"H as:
$312,728.01 $312,728.01
• Item # 1037 = (190) Freestyle Locker with Bench Drawer @ 18"W
• Item # 1038 = (76) Freestyle Locker with Bench Drawer @ 15"W
• Item # 1039 = (15) ADA Freestyle Locker with drawer @ 15"W
Each locker includes these selected accessories:
• One full width adjustable shelf with integrated garment hanger
• One 3 -hook bracket
Sourcewell Contract Information:
• Contract #010920 -SPC
• Effective Dates: 03/25/2020 — 03/25/2024
• Spacesaver Assigned Number: 4134
• Purchase Order to be issued to:
Gatehouse MSI, LLC dba McMurray Stern.
15511 Carmenita Road
Santa Fe Springs, CA 90670
Sub -total:
$312,728.01
Sales tax at 7.75%:
24,236.42
Surety Payment & Performance Bonder 2.25%:
7,581.70
Inclusions/ I erms
• Freight: Included.
• Sales tax: Included.
• Payment Terms: Per Agreement
• Remit Payment to: Gatehouse MSI, LLC dba McMurray Stern.
15511 Carmenita Road, Santa Fe Springs, CA 90670.
• Standard color: To be selected.
• Quote is valid: Through February 26, 2021.
• Lead time: 22 — 24 weeks AFTER receipt of Contract/PO/Letter of Intent AND approval of submittal drawings.
Exclusions
• Wall backing. Stair carry. Floor covering. Installation and/or installation supervision.
• Modification to existing equipment or to the building.
• Structural/anchorage engineering Calculations. Permit costs.
• (2) ADA Benches at 24 x 48 per item #1044 on WLC Drawing.
EXHIBIT B
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Vendor's indemnification of City, and prior to
commencement of Work, Vendor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City. Vendor agrees to provide
insurance in accordance with requirements set forth here. If Vendor uses existing
coverage to comply and that coverage does not meet these requirements, Vendor
agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Vendor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily
injury by accident and each employee for bodily injury by disease in accordance
with the laws of the State of California, Section 3700 of the Labor Code.
Vendor shall submit to City, along with the certificate of insurance, a Waiver
of Subrogation endorsement in favor of City, its officers, agents, employees
and volunteers.
B. General Liability Insurance. Vendor shall maintain commercial general liability
insurance and, if necessary, umbrella liability insurance, with coverage at least
as broad as provided by Insurance Services Office form CG 00 01, in an
amount not less than one million dollars ($1,000,000) per occurrence, two
million dollars ($2,000,000) general aggregate. The policy shall cover liability
arising from premises, operations, products -completed operations, personal
and advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with no
endorsement or modification limiting the scope of coverage for liability assumed
under a contract.
C. Automobile Liability Insurance. Vendor shall maintain automobile insurance at
least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of Vendor arising out of or in
connection with Work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit each
accident.
Gatehouse MSI, LLC DBA McMurray Stern Page B-1
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain,
the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Vendor or others providing insurance
evidence in compliance with these requirements to waive their right of recovery
prior to a loss. Vendor hereby waives its own right of recovery against City, and
shall require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability, excess
liability, pollution liability, and automobile liability, if required, shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents
shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation (except for nonpayment for which ten (10) calendar
days notice is required) or nonrenewal of coverage for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Vendor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement
must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at
all times during the term of this Agreement. The certificates and endorsements
for each insurance policy shall be signed by a person authorized by that insurer
to bind coverage on its behalf. At least fifteen (15) days prior to the expiration
of any such policy, evidence of insurance showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such
coverage is cancelled or reduced, Vendor shall, within ten (10) days after
receipt of written notice of such cancellation or reduction of coverage, file with
the City evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time during
the term of the Agreement to change the amounts and types of insurance
Gatehouse MSI, LLC DBA McMurray Stern Page B-2
required by giving Vendor sixty (60) calendar days advance written notice of
such change. If such change results in substantial additional cost to Vendor,
City and Vendor may renegotiate Vendor's compensation.
C. Right to Review Subcontracts. Vendor agrees that upon request, all
agreements with subVendors or others with whom Vendor enters into contracts
with on behalf of City will be submitted to City for review. Failure of City to
request copies of such agreements will not impose any liability on City, or its
employees.
D. Enforcement of Agreement Provisions. Vendor acknowledges and agrees that
any actual or alleged failure on the part of City to inform Vendor of non-
compliance with any requirement imposes no additional obligations on City nor
does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue and is not intended by any
party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
F. Self-insured Retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these requirements unless approved by City.
G. City Remedies for Non -Compliance If Vendor or any subVendor fails to
provide and maintain insurance as required herein, then City shall have the
right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Vendor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Vendor or reimbursed by Vendor upon
demand.
H. Timely Notice of Claims. Vendor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Vendor's
performance under this Agreement, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or liability
by such notice, but has the right (but not the duty) to monitor the handling of
any such claim or claims if they are likely to involve City.
I. Vendor's Insurance. Vendor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the Work.
Gatehouse MSI, LLC DBA McMurray Stern Page B-3
Reyes, Raymund
From:
Customer Service <customerservice@ebix.com>
Sent:
Friday, April 02, 2021 5:56 PM
To:
Reyes, Raymund; Insurance
Cc:
sagar@ebix.com
Subject:
Compliance Alert -Vendor Number FV00000437
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000437 McMurray Stern (Gatehouse MSI, LLC dba)
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.
EXHIBIT C
CITY OF NEWPORT BEACH
BOND NO. 3624436
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 6,968 , being at the
rate of $ 25.00 thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
GATEHOUSE MSI, LLC, a Delaware limited liability company, doing business as ("DBA")
MCMURRAY STERN, hereinafter designated as the "Principal," an Agreement to provide
Spacesaver Freestyle Lockers, in the City of Newport Beach, in strict conformity with the
Agreement on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.
NOW, THEREFORE, we, the Principal, and GreatAmerican Insurance Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"),
are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred
Forty Four Thousand Five Hundred Forty Six Dollars and 131100 ($344,546.13), lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount of the Agreement, to be paid to the City of Newport Beach, its successors, and
assigns; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well
and truly keep and perform any or all the Work, covenants, conditions, and agreements in
the Agreement Documents and any alteration thereof made as therein provided on its part,
to be kept and performed at the time and in the manner therein specified, and in all respects
according to its true intent and meaning, or fails to indemnify, defend, and save harmless
the City of Newport Beach, its officers, employees and agents, as therein stipulated, then,
Surety will faithfully perform the same, in an amount not exceeding the sum specified in this
Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable expenses
and fees, including reasonable attorneys fees, incurred by City, only in the event City is
required to bring an action in law or equity against Surety to enforce the obligations of this
Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Gatehouse MSI, LLC DBA McMurray Stern Page D-1
notice of any such change, extension of time, alterations or additions of the Agreement or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the Project
by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under this
Bond.
IN WITNESS WHEREOF, this instrument has been duly exec
and Surety above named, on the 23rd day of February_ A,
Gatehouse MSI, LLC dba McMurray Stem
Name of Vendor (Principal)
Great American Insurance Copmany
Name of Surety
1100 East 6600 South, Suite 400, SLC, Utah 84121
Address of Surety
(801) 288-1600
Telephone
Signature/Ti
ut orrzeded A�g re
Douglas S. Roskelley, Attorney -In -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
VENDOR AND SURETY MUST BEA TTA CHED
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 3'Z2%2°Z
Aaron C. Harp, City Attorney
the rincipal
Gatehouse MSI, LLC DBA McMurray -Stern Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State Utah
County of Salt Lake
SS.
of
On _February 23 2021 before me,
Jillaine R. Lewis Notary Public, personally appeared
Douglas S. Roskelley who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws e going
paragraph is true and correct. JILLA{NE R. LEWIa
LOCOWAV.07
WITNES m f i ' hand n oI seal Signature -47.21W
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State 0 of
County of ss.
California
20 4-/ before me,
Notary Public, personally appeared
y 1/�l1rL �g io xy{� who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
SOLEDAD RUIZ
WITNESS m hand and official seal. Notary Public - California
y
G s "d San Bernardino County
�Commission # 2162426 a
My Comm. Expires Sep S, 2020
Signature (seal)
Gatehouse MSI, LLC DSA McMurray Stern
ZUA2
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than SEVEN
No.0 14966
POWER OFATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INS U RANCE COM PAN Y, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
SAMUEL W. CLARK, JR.
STIRLING S. BROADHEAD
DOUGLAS S. ROSKELLEY
MICHAEL MURPHY
Name
DORIS MARTIN
HILARY BAILLARGEON
S. CHRISTOPHER CLARK
Address
ALL OF
SALT LAKE CITY, UTAH
Limit of Power
ALL
$100,000,000
This Power ofAttomey revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 27TH day of FEBRUARY 2019
Attest GREAT AMERICAN INSURANCE COMPANY
Assisiani Secretary Divisional Senior Vice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK ViCARio (577-377-2405)
On this 27TH day of FEBRUARY 2019 , before me personally appeared MARK VICA RIO, tome known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument: that he knows the seal of the said Company. that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company
by like authority. , and that he signed his name thereto
Susan X Kd o st
Notary Ribk Stabs of ft
Myco onE as-1WW
d' o
This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents. Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and herebv is authorized, from time to time, to appoint one or more Attornevs-in-Face to execute on behaljof the Company.
as surety, any and all bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company, seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary ojthe
Company may be affixed by facstmile to any power of attorney or cert ficate of either undertaking, contract of suretvship.
given for the execution of any bond. undertak
or other written obligation in the nature thereof, such signature and seal when so used being hereby, adopted by, the Company as the original signature of such
of and the original seal of the Company to be valid and binding upon the Company, with the same force and effect as though manually, affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 23rd day of February 2021
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.4ssistaniSecreian• .
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