CONTRACT 6215 One Page Service AgreementAgreement No. 6215
CONTRACTOR: MUSCO Sports L'ghtlng, LLC.
Services Agreement
DATE MAILED:10119/2021
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 01 11 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.
® Cem rehensive 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 $1,000,000 per occurrence.
® Auto Liability, including owned, non -owned and hired vehicles with at least:
® 1000 000 per occurrence.
❑ 100 0100 -� per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® WVorkers' Compensation Insurance, as required by State Statutes. (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
❑ BtNsiness 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.
❑ CORV of valid icture i.l. (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 MANAGER(PURCHASING AGENT, THUS AUTHORIZ NG
COMMENCEMENT OF WORK FOR THE CITY.
Sutrrnitted by Ccomplete aQIank* COt.OR COPY tw�"r'QWRII„) EACK,ro "THE crry
Company Name: By (Print name 8; tille):
MUSCO S s Ughlina, LLC Jame". Hansen Secretary
Company SVeet Address: V do o ' e S�gn tore required:
1001stAve. West PO BOX 808
City, State, 'aw. ¢ gne .
Oskaloosa, lA 52 a77� 0808 November G_ 2021
800 82 -020
Vaerift's Email address:
rroy,slY H1nS@mirs oxom
Mail original agreement and Insurance to: City�rpf�i SS 9undo — City
Originator/Department Contact: ha Green
Room 5, El Segundo, CA 90245.3613
Date initiated: 14te'At
Department Head Approval: ~ - Date Approved: t J l `e'2 cfL 1
Insura"An-oval: Date Approved: 11/17/21
Attorney
MUSCO Sports Lighting, LLC
'J / A
miy Manager
i
10/19121
Agreement No. 6215
f,OENERAL!LY. The materials, supplies, or services (collectively, 'Purchase')
covered by this services agreement and purchase order (`order'") must be
furnished by Seller subject to all the terms and conditions contained in this order
which Seger,. In accepting this order„ agrees to be bound by and comply with in
all particulars. No other terms or condltions are binding upon (be parties unless
subsequently agreed to in writing. Written acceptance or shipment of all or any
portion of the Purchase covered by this order constitutes unqualified acceptance
of all terms and conditions in this order, The terms of any proposal referred to In
this order are Included and made a part of the order only to the extent it specified
the Purchase ordered, the price, and the delivery, and then only to the extent
that such terms are consistent with the terms and conditions of this raider.
2.INSPECTION. The Purchase furnished must be exactly as specified in this
order„ free from all defects in Seler's performance, design, workmanship, and
materials„ and, except as otherwise provided, Is subject to inspection and test. by
City at all times and places. If, before final acceptance, any any Purchase is
found to be Incomplete, or not as specified, City may reject g, require Seller to
correct it without charge, or require delivery of such Purchase at a reduction in
price that is equitable under the circumstances. N seller Is unable or refuses to
correct such Items within a time deemed reasonable by City, City may terminate
the order in whole or In pair. Selter bears all risks as to rejected Purchases and,
in addition to any costs for which Seller may become liable to City under other
provisions of this order, must reimburse City for all transportation costs, other
related costs incurred, or payments to Seller in accordance with the terns of this
order for unaccepted Purchases. Notwithstanding City's acceptance of any
Purchase, Salter Is liable for latent defects, fraud, or such gross mistakes as
constitute fraud.
3.CHANGES. City may make changes within the general scope of Ibis order In
drawings and spWftcallons for specially manufactured supplies, place of
delivery, method of shipment or packing of the order by giving notice to Seller
and subsequently confirming such changes in writing. If such changes affect the
cost of or the time required for performance of this order, an equitable
adjustment in the price or delivery or both must be made. No change by Setter is
allowed without. City's written approval. Any claim by Seller for an adjustment
under this section must be made in writing within thirty (30,) days from the date of
receipt by Seller of notification of such change unless City waives this condition
in writing. Nothing in this section excuses Seller from proceeding with
performance of the order as changed.
4. TERMINATION. City may terminate this order at any time, either verbally or In
writing„ with or without cause. Should termination occur, City will pay Seller as
full performance until such termination the unit or pro rate order price for the
performed and accepted portion of the Purchase. City may provide written
notice of termination for Seller's default if Seller refuses or falls to comply with
this order. If Sailer does not cure such failure within a reasonable time period„ or
falls to perform the Purchase within the time specified (or allowed by extension)„
Seller will be liable to Ci y for any excess costs incurred by City.
&TIME EXTENSION, City may extend the time for completion 0, in Cilys sole
determination, Seller was delayed 'because of causes beyond Setters control
and without Seller's fault or negligence, In the event delay was caused by City,
Seller's sole remedy is limited to recovering money actually and necessarily
expended by Seller because of the delay, there is no right to recover anticipated
profit.
6.REMEDIES CUMULATIVE. City's rights and remedies under this order are not
exclusive and are in addition to any rights and remedies provided by law.
7.TITLE. Title to materials and supplies purchased under this order pass directly
from Seller to City upon City's written acceptance following an actual inspection
and City's opportunity to reject.
&PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and
accepted, City will not pay cartage, shipping, packaging or boxing expenses
unless specified in this order, Drafts wig not be honored.
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
foregoing provisions will survive termination of this order. The requirements as
to the types and limits of insurance coverage to be maintained by Seller, and any
approval of such Insurance by City, are not intended to and will not In any
manner limit or qualify the liabilities and obligations otherwise assumed by Seller
pursuant to this order, including, without limitation, to the provisions concerning
indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the most
favorable commercial warranties the Sailer gives to any customer for the same
or substantially similar supplies or services, or such other more favorable
warranties as is specified In this order. Warranties will be effective
notwffbstanding any Inspection or acceptance of the Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any payment due
under this order, Sutler may not assign or subcontract the order without Clty's
written approval. Should City give consent, it will not relieve Seger from any
obligations under this order and any transferee or subcontractor will be
considered Seller's agent.
12.INSURANCE. Seller must provide the insurance indicated on the face sheet
of this Services Agreement.
13.PERMITS. Seger must procure all necessary permits and licenses, and abide
by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as
an Independent contractor and will have control of all work and the manner In
which is It performed. Seller will be free to contract for similar service to be
performed for other employers while under contract with City. Seller is not an
agent or employee of City and is not entitled to participate In any pension plan,
insurance, bonus or similar benefits City provides for its employees. Any
provision In this order that may appear to give City the right to direct Seller as to
the details of doing the work or to exercise a measure of control over the work
means that Seller will follow the direction of the City as to end results of the work
only.
15.WAIVER. City's review or acceptance of, or payment for, work product
prepared by Seger under this order will not be construed to operate as a waiver
of any rights City may have under this Agreement or of any cause of action
arising from Seller's performance. A waiver by City of any breach of any term,
covenant, or condition contained in this order will not be deemed to be a waiver
of any subsequent breach of the same or any other term, covenant, or condition
contained in this order, whether of the same or different character.
%INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any
action involving this agreement wig be in Los Angeles County.
17. PREVAILING WAGES. If required by applicable state law including, without
limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774,
1775, and 1776, CONTRACTOR must pay Its workers prevailing wage. It is
CONTRACTOR'S responsibility to interpret and Implement any prevailing wage
requirements and CONTRACTOR agrees to pay any penalty or civil damage
resulting from a violation of the prevailing wage laws. In accordance with Labor
Code § 1773.2, copies of the prevailing rate of per diem wages are available
upon request from CITY's Engineering Division or the websile for State of
California Prevailing wage determination at A
copy of the prevailing rate of per diem wages must be posted at the job site.
18. CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR
for CONTRACTOR's services not to exceed a total of $4,325 (Four thousand six
hundred and fifty Dollars) for the work. CITY will pay for work as specified in the
attached Exhibit 'A,' which is Incorporated by reference.
Services to include:
Refer to attached Exhibit *K
MUSCO Sports Lighting, LLC 10/19/21
Exhibit A
Agreement No. 6215
Richmond Street Elementary School SVC-457073
El Segundo Unified School District
EI Segundo, CA
Date: October 19, 2021
Attention: Shawn Green
Quotation Prica
The fee for services rendered including lamps, labor, and lift .......... $4,325.00** Plus applicable sales tax.
**IMPORTAfl7: This quote does include prevailing wage rates.
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Musco proposes the following service:
• Musco Tech to replace (14) outages an the baseball field
In connection with the Services, Musco will provide basic materials consisting of (14) Musco 1500-Wh painted Z-lamps'e". If additional time
or materials are needed to complete the Project, Musco will obtain Customer's consent before proceeding.
NOW
• Reasonable access to all poles with construction -sized lift if required.
• Ground protection (plywood) and assistance to move, 8 needed, provided by owner,.
Environmental Compliance Notilce
HID lamps contain mercury (Fig), a hazardous 'substance that is regulated by state andlor federal law, and must be managed soconiing to
disposal laws. HID lamps removed from service contain mercury and will have transport arranged for delivery to a recycling facility.
Payment Terms
Payment tends net 3,0 days from delivery. late payment will be subject to service charges of 1 V.% per month (18% APR). Any
additional materials needed Will be charged al. an additional price. In addition, the customer shall pay and be responsible for when due all
local applicable sales, use, franchise, gross receipts, or similar tapes relating to this Agreement If any payment is not made when due,
Customer will pay a delinquent charge of 1-712% for each month„ or portion of month,„ that a past due balance remains unpaid. Customer
agrees to pay all cost (including reasonable attorney"s fees and court costs) associated vAth collecting any delinquent amounts due. Freight
Charges have been Included in the above prices. Sales last Is NOT Included as part of this quote..
n
MUSCO, a nonunion organization, requires the customer to arrange and secure all licenses, permits and/or applicable labor contracts with
local authorities. MUSCO shag not be held responsible for local union labor and any permits, If required.
N /
Before Musco enters the Property to set up its equipment under this Agreement, Customer must notify Musco of any landscaping or Surface
areas that are to be avoided by Musco in setting up Its equipment. Absent Musco"s negligence or willful' misconduct, Musco is not, at any time
or to arty extent, liable, responsible or in any way accountable for any loss, injury, death or damage to persons or property, from any catise
that at any time may be suffered or sustained by Customer, or by any person on or about the Property arising out of (he entry or activifies on
the Property by Musco, or any person or persons permitted on the Property, by Musco.
Pricing furnished is effective for 90 days unless otherwise noted and is considered confidential. If you have any questions regarding the
quotation,please call me. at 800-825-6020 .
Sincerely,
z ha-li
Troy Shilling
Musco Sports lighting
800-825-6020
641676-2149 fax
Troy,shtlling@musco.com