CONTRACT 6499 One Page Service AgreementAgreement No. 6499
9
CONTRACTOR: MUSCO Sports lighting, LLC.
DATE MAILED: 06120/2022
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El
Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. Commercial general liability insurance must meet or exceed the requirements of I80-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.
® Comprehensive 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:
® $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' Com ensation Insurance: as required by State Statutes. (Not needed if Self-employed with no employees and
CONTRACTOR signs statement to this effect.)
❑ Business License,: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase
said license (at no cost to the City).
❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the
Planning Manager @ (310) 524-2340 if you have questions.
❑ Cow, of vapid picture 1,0. (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.
Sublrrited by (c_omVJ@Le @fl blanks
: COLOR COPY REQUIRED BACK TO THE CITY
Company Name:
By (Print name & title):
MUSCO Sports Lighting, , LLC
y Ja M. Hansen, Secretan�
Company Street Address:
Von or' ao " d -'g ature required:
1001 s' Ave. West PO BOX 808
�
City, State, Zip:
Dat gned:
Oskaloosa, IA 52577-0808
July 5 2022
Phone:
FAX:
800 825-6020
641-673-4852
Vendor's Email address:
Vendor's Web site:
Troy.shlllina@musco.com
WWW.MuSC0.cOrn
Mail original agreement and insurance to: City of El Segundo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245-3813
CriginatodDepartment Contact: Christopher Hentzen Date initiated:
Date Approved: ' w/' ''y
Depadment Heart Approval:
City
Nl
City Manager
City
MUSCO Spals Lighting, LLC 6120/22
Agreement No. 6499
1.GENERALLY, The materials, supplies, or services (collectively, "Purcliaso")
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 Seller, in accepting this order, agrees to be bound by and comply with in
all particulars. No other terms or conditions are binding upon the 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 (he delivery, and then only to the extent
that such terms are consistent with (lie terms and conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in this
order, free from all defects in Seller's performance, design, workmanship, and
materials, and, except as otherwise provided, is subject to inspection and lest by
City at all limes and places. If, before final acceptance, any any Purchase is
found to be incomplete, or not as specified, City may reject it, require Seller to
correct it without charge, or require delivery of such Purchase at a reduction in
price that is equitable under the circumstances. If 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 part Seller 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 terms of this
order for unaccepted Purchases. Notwithstanding City's acceptance of any
Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as
constitute fraud.
&CHANGES. City may make changes within [lie general scope of this order in
drawings and specifications 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 Seller is
allowed without City's written approval. Any claim by Seger for an adjustment
under this section must be made in writing within thirty (30) days from (he 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 will)
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 (he 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 fails to comply with
this order. If Seller does not cure such failure within a reasonable time period, or
fails to perform the Purchase within the lime specified (or allowed by extension),
Seller will be liable to City for any excess costs incurred by City.
5.TIME EXTENSION. City may extend the time for completion if, in City's sole
determination, Seller was delayed because of causes beyond Seller's 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.
&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 wig 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 will not be honored.
9.INDEMNIFICATION. Seger 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
(al 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 oumoses of this sectiori "City" includes Citv's officers. elected
officials, and employees, 11 is expressly understood and agreed that ilia
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 Seller 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 wig be effective
notwithstanding any inspection or acceptance of the Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any payment due
under [his order, Seller may not assign or subcontract the order without City's
written approval. Should City give consent, it will not relieve Seller 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 (his Services Agreement.
13.PERMITS. Seller must procure all necessary permits and licenses, and abide
by all federal, state, and local laws, for performing this order.
%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 entilled 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 fight 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 Seller under (his 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.
16.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 will he in Los Angeles County.
17. PREVAILING WAGES. If required by applicable slate 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 Slate of
California Prevailing wage determination at A
copy of the prevailing rate of per diem wages must be posted al the job site.
16. CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR
for CONTRACTOR's services a total of $3,474.23 (Three thousand four hundred
seventy-four dollars and twenty three cents) 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 allaclied Exhibit "A"
MUSCO Sports Lighting, LLC 6120/22
Agreement No. 6499
Exhibit A
Campus El Segundo Athletic Fields SVC-468450
City of El Segundo
EI Segundo, CA
Date: June 10, 2022
Attention: Shawn Green
Quotation Price
The fee for services rendered including Lamps, labor, and lift.......... $3,450.00*" Plus applicable sales tax.
Taxes on material @ 9.5%...................................................... $24.23
Total with taxes added............................................................ $3,474.23
*"IMPORTANT:: This quote does not include prevailing wage rates. It is the customer's responsibility to notify Musco if prevailing
wage applies to this project and to supply Musco with the applicable wage rates. If this project is subject to prevailing wage
requirements, Musco will provide a revised Quote which includes the appropriate wage rates.
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provIdod by the customealawrardttwg ngenc,y roadIs obloined Wien fflIng a provaHhng wage Ob throvilli tho Department of bnhantriat Rel'alloua, try oil wouldn't mind forwarding
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lnfonnadoa.
"a2ffle Of
Service
Musco proposes the following service:
• Musco Tech to replace (1) lens and visor assembly on pole S3 fixture #21
In connection with the Services. Musco will provide basic materials consisting of (1) LSG lens and visor assembly. If additional time or
materials are needed to complete the Project, Musco will obtain Customer's consent before proceeding.
Notes
• Reasonable access to all poles with construction -sized lift if required.
• Ground protection (plywood) and assistance to move, if needed, provided by owner.
Environmental Compliance Notice
HID lamps contain mercury (Hg), a hazardous substance that is regulated by slate and/or federal law, and must be managed according to
disposal laws. HID lamps removed from service contain mercury and will have transport arranged for delivery to a recycling facility.
Payment Terms
Payment terms net 30 days from delivery. Late payment will be subject to service charges of 1 %:% per month (18% APR). Any additional
materials needed will be charged at an additional price. In addition, the customer shall pay and be responsible forwhen due all local applicable
sales, use, franchise, gross receipts, or similar taxes relating to this Agreement. If any payment is not made when due, Customer will pay a
delinquent charge of 1-1/2% 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 with collecting any delinquent amounts due. Freight Charges have been
included in the above prices. Sales lax is NOT included as part of this quote.
,Licenses and Permits
MUSCO, a non -union organization, requires the customer to arrange and secure all licenses, permits and/or applicable labor contracts wilh local
authorities. MUSCO shall not be held responsible for local union labor and any permits, if required.
Nonliablllt
Before Musco enters the Properly 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 any extent, liable, responsible or in any way accountable for any lass, Injury, death or damage to persons or property, from any cause
that at any lime may be suffered or sustained by Customer, or by any person on or about the Property arising out of the entry or activities on
the Property by Musco, or any person or persons permitted on the Properly 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,
J
I sv Qo .
Troy Shilling
Musco Sports Lighting
800-825-6020
Troy.shilling@musco.com