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CONTRACT 5878 On Call Agreement CLOSEDAgreement No. 5878 On -Call Services Agreeme SELLER: Caldomia Street Lighting DATE MAILED: 12/1112019 Below you will lind a checklist relating to Insurance and other requirements that are required for doing business with the City of EI Segundo, Only those ilems checked -off are MANDATORY, however it 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 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 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. ® Comprehensive General Liatlilit , 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: ® $1.000.000 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 SELLER signs statement to this effect.) ® Business 'License: The SELLER agrees 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. ❑ Coov of valid picture I.D. (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 MANAGERIPURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Submitted by (comolete all blanks): Company Name ("Seller): California Street Lighting Company Street Address: 3200 Guasti Road, Suite 100 z City, State, Zip: Ontario, CA 91761 w Phone: 909-456-1424 Vendors Email address: abel@califomiastreetlighting.us COLOR COPY REQUIRED BACK TO THE CITY By (Print name & title): A Wra i:TO-U Vendor's Author' Signature requir : Date signed _ _na: 0 FAX: Vendor's Web site: Mail original agreement and insurance to: City of El Segundo — City Clerk 350 Main Street, Room 5, EI Segundo, CA, 90245.3813 OdginatodDepartment Contact: Date initialted: Department Head Approval: s Dlrecto 4rt`� Date Approved Insurance Approval: ..... ... D,�tc Approv d. o Cit Aitorne._ Qty City Manager City Clerk California Street Lighting Agreement No. 5878 1.GENERALLY. The materials, supplies, or .services (collectively, "Purchnse'") 1") 10.INDEMNIFICATION. Seller agrees to Indemnify and bald City harmless from covered by this Services Agreement ("Agreement") must be furnished by Seller and against any claim, action, damages„ costs (including, without limitation, subject to all the terms and conditions contained in this Agreement which Seller, i attorney's fees), injuries, or liability, arising out of the Purchase or the in accepting this Agreement, agrees to be bound by and comply with in all Agreement, or their performance, Should City be named in any suit, or should particulars. No other terms or conditions are binding upon the parties unless any claim be brought against it by suit or otherwise, whether the same be subsequently agreed to in writing. Written acceptance or shipment of all or any groundless or not, arising out of the Purchase or Agreement, or their portion of the Purchase covered by this Agreement constitutes unqualified performance, Seller will defend City (at City's request and with counsel acceptance of all terms and conditions in this Agreement. The terms of any satisfactory to Cily) and indemnify City lot any judgment rendered against it or proposal referred to in this Agreement are included and made a part of the any suras paid out in settlement or otherwise. For purposes of ffik) section "'Cityr' Agreement only to the extent it specified the Purchase ordered, the price, and includes City's officers, elected officals, and employees. It is expressly the delivery, and then only to the extent that such terms are consistent with the understood and agreed that the foregoing provisions will survive termination of terms and conditions of this Agreement. this Agreement. The requirements as to the types and limits of insurance 2.CONSIDERATION. As consideration, City agrees to pay Seller for City's coverage to be maintained by Seller, and .any approval of such Insurance by services not to exceed a total of $5,000.00 (Five -Thousand Dollars) for the work, City, are not intended to and will not in any manner limit or quality the liabilities City will pay for work as specified in the attached Exhibit 'A" which is and obligations otherwise assumed by Seller pursuant to this Agmemient incorporated by reference. including, without limitation, to the provisions concerning indemnification. 3.INSPECTION. The Purchase furnished must be exactly as specified in this 11.WARRANT'Y. Seller agrees that the Purchase is covered by the most Agreernent, free from all defects in Seller's performance, design, workmanship, ' favorable commercial warranties the ,Seller gives to any custorner for the same and materials, and, except a$ otherwise provided, is subject to inspection and or substantially similar supplies or services, or such other more favorable test by City at all times and places. If. before Iinail acceptance, any any warranties as is specified in this Agreement. Warranties will be effective Purchase is found to be incomplete, or not as specified, City naay reject it, notwithstanding any inspection or acceptance of the Purchase by City. require Seller to correct itwil,hout charge„ or require delivery of such Purchase at 12.ASSIGNMENT. City may assign this Agreement. Except as to any payment a reduction in price that is equitable under the circumstances. If seller is unable due under this Agreement, Seller may not assign or subcontract the Agreement or refuses to correct such items within a time deemed reasonable by City, City without City's written approval. Should City give consent, it will not relieve Seller may terminate the Agreement in whole or in part. Seller bears all risks as to i from any obligations under this Agreement and any transferee or subcontractor rejecled Purchases and, in addition, to any costs for which Sefler may become will be considered Seller's agent. liable to City, tinder other provisions of this Agreement, must reimburse City for 13.INSURANCE. Seller must provide the insurance indicated on the face sheet all transportation costs, other related costs incurred, or payments to Sel'let in of this Services Agreement. accordance with the ierrus of this Agreement for unaccepted Purchases. Notwitfastancling 14.PERMITS. Seller must procure all necessary permits and licenses, and abide City's acceptance of any Ptrrchase Seller is liable for latent by all federal, state, and local laws, for performing this Agreement. defects, fraud,. or such ,gross mistakes as constitute fraud 15.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as 4•CHANGES. City may make changes within the general :;cope of this an independent contractor and will have control of all work and the manner in Agreement in drawings and specifications for specialty manufactured supplies, which is it performed. Seller will be free to contract for similar service to be place of delivery, imethod of shipment or packing of the order by giving notice to performed for other employers while under contract with City. Seller is not an Seller and .subsequently confirming such changes in writing. If such changes agent or employee of City and is not entitled to participate in any pension plan, affect the cost of or the time required for performance of liars Agreenreni, art insurance, bonus or similar benefits City provides for its employees Any equitable adjustment in the price or delivery or both must be made, filo charag,e provision in this Agreement that may appear to give City the right to direct Seller by Setter is allowed without City"s written approval, Any claim by Seller for an as to the details of doing the work or to exercise a measure of control over the adjustment under this section must be made in writing within thirty (30) days work means that Seller will follow the direction of the City as to end results of the from the date of receipt by Seiler of notification of such change unless City work only. waives this condition 0 writing, Nothing in this section excuses Seller from 16.WAIVER. C'rly's ru:viewv or acceptance of, or payment for, work product. proceeding with performance of the order as changed. prepared by Seller cinder this Agreement uvill not be construed to opeiate as a 5. TERMINATION. City may terminate this Agreement at any time, either waiver of any rights City may have under this Agreement or of any cause of i verbally or in writing, with or without cause. Should termination occur, City will aclion arising frorn Seller's perfotniatme A waiver by City of any breach of any pay Seller as full performance until such termination the unit or pro rata order term, covenant, or condilion contained irr thus Agreement will riot be deemed to . price for the performed and accepted portion of the Purchase. City may provide he a waiver of any subsequent 'breach of the same or any other term„ coventarrl, written notice of termination for Seller's default if Seller refuses or fails to comply or cooditlon couatainedto Ihrs Agreement, whether of the same, or different with this Agreement. If Seller does not cure such failure within a reasonable time character. period, or fails to perform the Purchase within the time specified (or allowed by 17. INTERPRETATION. This Agreement was drafted in, and will be construed in extension), Seller will be liable to City for any excess costs incurred by City. accordance with the laws of the State of California, and exclusive venue for any 6.TIME EXTENSION. City may extend the time for completion if, in City's sole action involving this agreement will be in Los Angeles County, determination, Seller was delayed because of causes beyond Seller's control 18, PREVAILING WAGES. If required' by apptucable state 'law including, without and without Seller's fault or negligence. In the event delay was caused by City, limilatidn Labor Code §§ 1720 (as amended by AS 975 (2001)), 1771', 1774, Seller's sole remedy is limited to recovering money actually and necessarily 1775, and 1716, 'SELLER must pay its workers prevailing wage. It is SELLER'S expended by Seller because of the delay; there is no right to recover anticipated responsibility to interpret and implement any prevailing wage requirements and profit. SELLER agrees to pay any penally or civ'th damage resulting from a violation of 7.RE'MEOIES CUMULATIVE, City's rights and remedies under this Agreement (lie prevailing wage Naw$. In accordance with Labor C'od'e § 1773.2, copios of are not exclusive and are in addition to any rights and remedies provided by law. the prevailing rate of per diem wages are available upon request from City's 8JITLE. Title to materials and supplies purchased under this Agreement pass Engineering Division or the webstle for State of California Prevailing wage direcdy from Seller to City upon City's written acceptance following an actual determination at h'fto:#%vww dir•cia,caovlDLSfRA-1W 0, A ropy of the prevailing rate inspection and City's opportunity to reject. of per diem wanes must be posted at the job site. 9,PAYMENT. City will pay Seller after receiving acceptable invoices for materials and supplies delivered and accepted or services rendered and Materials, supplies or services to include: accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this Agreement. Drafts will not be honored. Refer to attached Exhibit "A" t California Street Lighting EXHIBIT A CITY OF EL SEGUNDO-OWNED STREET LIGHTS Agreement No. 5878 GENERAL CONDITIONS 1. Contractor will provide on-call and/or scheduled street light repair, replace, and maintenance services on City - owned street lights. 2. All mobilization1demobilization, labor, activities, and materials to do the work and repair, replace, or maintenance the existing street lights will be included as part of the proposal cost. The rates for work to be performed as shown in attached Exhbit "B". 3. The work is warrantied for one year after repairs are made. SPECIFIC SCOPE 1. Remove and dispose all materials to be replaced. 2. Repair, replace, or maintain the existing street lights including the street lights poles and foundations if necessary. 3. Contractor is to be registered in accordance with Labor Codes 1725.5, 1771.1 and 1771.4 (SB 854) California Street Lighlting CALIFORNIA STREET LIGHTING PW. RATES 3200 GUASTI ROAD, SUITE 100, ONTARIO, CA 91761 OFFICE: (909)456-1424 FAX: (909)456-8961 CELL: (760)887-7775 ABEL@CALIFORNIASTREETLIGHTING.US Agreement No. 5878 [EXHIBIT B I CREW: JOB NAME OR PO: PRICE: DAY: CITY: -Fffk# DESCRIPTION: 11, INSTALL FOUNDATION Wl ACHORBOLTS $1,200.00 2. PREPARE POLE -KNOCK DOWN REMOVAL, RELOCATE 1 - ----------- INSTALL POLE/CON TRACTOR CRANE $750-00 4. INSTALL POLE/CONTRACTOR cWt (bbuat ARM) $850.00 5. CONCRETE CAP POLE 30 X30 5200.00 & SPLICE WIRES $150.00 7, REMOVE POLE WITH CONTRACTOR CRANE/DISPOSE $600.00 8. REMOVE AND REPLACE FOUNDATION W/ANCH6_R BOLTS $1,800.00 9. REMOVE FOUNDATION AND BACK FILL $600.00 10. BRAKE PARTIAL BASE/COVER - $350.60 ii. - INSTALL HAND HOLE (PULL BOX) FURNISHED s45o.ob 12. SAW CUT -FIRST PER REL:Ej�Sff' $150.00 1 - 13. - ------ - - REPAIR CODUIT ­­­ .111". $50.00 14. .... . ........ REPLUMB/BREAK CAP/CAP-$550.00 15. LANE CLOSURE -TYPE W FROM 45 TO 60 SPEED LIMIT) $1,100.00 ...... . . ...... 16, LANE CLOSURE TYPE (COMERCIAL 25 TO 45 SPEED LIMIT) $900.00 17, .. .......... LANE CLOSURE TYPE 'C' (RESIDENTIAL) $700.00 18. OVERSIZE CONCRETE GREATER THAN 30X30 -PER SQ.FT, $20.00 19. REMOVE CONCRETE PER-SQ.FT. $15.00 20. SPECIAL HOURLY BILLING -(CRANE) $300.00 21. PICK UP DIRT PILE(S) AND DISPOSE $80.00 22. BUCKET TRUCK RENTAL PER DAY . ........ . $250,00 23. PLASTIC 10'XI0' $10.00, 24. TAG POLE $10.00 1 Agreement No. 5878 CREW JOB NAME OR PO: PRICE: PEDESTRIAN TRAFFIC CONTROL IF THERE IS LESS THAN 48 ON RIGHT OF WAY. 25, OTCIN, — M (FULL BLOCK) $800,00 & PTCM (INTERSECTIONS) $600,00 27, PTCM (MID -BLOCK) $400.00 28. REMOVE AND REPLACE CU—MINAIRES T015 EACH) QTY. X $150.00 29. REMOVE AND REPLACE LUMINAIRES (15 TO 30 EACH) CITY, X $110.00 30. REMOVE AND REPLACE LUMINAIRES (30 + EACH) CITY. X $95.00 TU_qiN'k0tikR­M CHANGE OUT 4', 6', 8' FT. 31 LUMINAIRE/ARM CHANGE (SINGLE) 4' $150.00 32. LUMINAIREIARM CHANGE (DOUBLE) -4' $190.00 33, LUMINAIREIARM CHNGE (SINGLE) -6' $165.00 34. LUMINAIREIARM CHANGE (DOUBLE) -6' $200.00 35. LUMINAIREIARM C H-ANGE(§I_NGLt)-' 180.00 36. LUMINAIREIARM CHANGE(DOUBLE)-B' $210.00 37. INSTALL NEW OVERHEAD WIRE FROM POLE TO POLE PER. LF $5.00 #8 WIRE D.UPLE-X, NOTES: SHIELD OF HIGH VOLTAGE WIRES AND PERMITS NOT INCLUDED, POLES, FIXTURES, ARMS, LIGHTBULBS, PHOTOCELLS ARE NOT INCLUDED. .... . . . ..... EMERGENCY CALLS ON HOLIDAYS WILL BE DOUBLE PRICE. I