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CONTRACT 6836 Public Works Contract CLOSEDAgreement No. 6836 PUBLIC WORKS AGREEMENT (UNDER $25,000) BETWEEN THE CITY OF EL SEGUNDO AND SOUTH COAST LIGHTING & DESIGN, INC. THIS PUBLIC WORKS AGREEMENT ("Agreement") is made and entered into this 13th day of December, 2023, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("CITY") and SOUTH COAST LIGHTING & DESIGN, INC., a California corporation ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the public work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR on a lump sum basis an amount set forth in the attached Exhibit 'A" which is incorporated by reference, for CONTRACTOR's services. CITY will pay such amount promptly, but not later than 30 days after receiving CONTRACTOR's invoice. 2. TERM. The term of this Agreement will be from December 13, 2023 to June 30, 2024. The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES.. A. CONTRACTOR will perform the public work listed in the attached Exhibit «A B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES, Page 1 of 9 Agreement No. 6836 A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. B. 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 website for State of California Prevailing wage determination at hftp:�//www.dir.ca,.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: When employment in the area of coverage by the joint appren- ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. V. CONTRACTOR is required to make contributions to funds estab- lished for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in Page 2 of 9 Agreement No. 6836 any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has Thoroughly investigated and considered the scope of services to be performed; Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 6. INSURANCE, A, Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and Page 3 of 9 Agreement No. 6836 maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Business automobile liability Workers compensation IIIrof I .. a $2,000,000 $1,000,000 Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above 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 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 City will be excess thereto. Such insurance will 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 City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 6 Page 4 of 9 Agreement No. 6836 of this Agreement; and B. CITY gives CONTRACTOR a written Notice to Proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 8. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least 30 days before the effective termination date. C. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D. By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees and penalties), injuries, or liability, arising out of this Agreement, or its performance including, without limitation, damages or penalties arising from CONTRACTOR's removal, remediation, response or other plan concerning any Hazardous Waste resulting in the release of any hazardous substance into the environment. 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 this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers. C. CONTRACTOR expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force Page 5 of 9 Agreement No. 6836 and effect. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. E. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by this Agreement, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR 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 Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 10. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: Attn: Barbara Voss City of El Segundo 350 Main Street El Segundo, CA 90245 bvoss@elsegundo.org To CONTRACTOR: Attn: Gary L. Keller South Coast Lighting & Design, Inc. 1101 Via Callejon, Suite 100 San Clemente, CA 92673 garyk@southcoastlighting.com B. When addressed in accordance with deemed given upon deposit in the United all other instances, notices will be deer delivery. this paragraph, notices will be States mail, postage prepaid. In ned given at the time of actual Page 6 of 9 Agreement No. 6836 C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 11. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 12. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement 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 Agreement, whether of the same or different character. 13. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 14. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 15. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 16. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 17. 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 be in Los Angeles County. 18. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the El Segundo City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY. 19.ACCEPTANCE OF ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In Page 7 of 9 Agreement No. 6836 accordance with Government Code § 16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature. 20. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 21. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting lead based stabilization. To the extent that there are additional terms and conditions contained in Exhibit "A" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. Page 8 of 9 Agreement No. 6836 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO, a ge al law city B bara Voss, Deputy City Manager ATTEST: Tracy `Weaver, ✓ City Clerk APPROVED AS TO FORM: MARK D. HN;i�LEY, CITY ATTORNEY By: W Gary L; .e r, Presid t" Joaquin Vazquez, Assistant City Attorney ayer ID No. 33-0764966 DESIGN 1.2 -a 3 Page 9 of 9 EXHIBIT A Agreement No. 6836 Quote # Q-500371 - EL SEGUNDO-SOLAR DECO FIXTURE Date: 11/28/2023 Page 1 i www.southcoastlighting.com 1101 Via Callejon, Suite 200 San Clemente, CA 92673 quotes@southcoastltg.com 949-276-8850 ph 949-276-8855 fx To: MARIZEN Job/Project Name: City of El Segundo EL SEGUNDO-SOLAR DECO FIXTURE 350 Main St. El Segundo, CA 90245-3813 PH: 310 524-2895 Oty Type Mfg Description Unit Price Extd.Price SCOPE OF WORK REVISED 11 28 23 10 SCL SOLAR FIXTURE AND EXTENSION $1,090.00 $10,900.00 SUBTOTAL BEFORE TAX $10,900.00 1 TAX TOTAL TAX @ 9.50% $1,035.50 SUBTOTAL $11,935.50 1 SCL INSTALLATION LABOR ON EXISTING POLES $1,500.00 $1,500.00 TOTAL: $13,435.50 Prices firm for entry by: 45 Days I Shi ment b : 70 Days =ead Time: 5-7 Weeks **ANCHOR BOLTS SHIPPED PRIOR MAY BE SUBJECT TO A FREIGHT CHARGE NOT TO EXCEED $250.00** **AT TIME OF ORDER, WE WILL REQUIRE AN ADDITIONAL NOTE WHICH STATES THAT OUR MFG IS CLEARED TO DELIVER MATERIAL TO YOU. PLEASE INCLUDE THE SOUTH COAST LIGHTING QUOTE # ON YOUR PO PLEASE SEND ORDERS TO: YOUR INSIDE SALES REPRESENTATIVE AND NEWORDER@SOUTHCOASTLIGHTING.COM 1. ANY CHANGES WILL REQUIRE A NEW QUOTE. IF THE COMPLETE QUOTE IS NOT USED THEN A NEW QUOTE WILL BE NEEDED. 2. CITY OF LOS ANGELES PROJECTS THAT ARE QUOTED WILL REQUIRE AT LEAST 25 WORKING DAYS FOR STRUCTURAL CALCS & SUBMITTALS. 3. ALL PROJECTS WILL REQUIRE 10-25 DAYS OR LESS FOR STRUCTURAL CALCS & SUBMITTALS. 4. SOUTH COAST LIGHTING & DESIGN, INC (SCL) OR ITS MANUFACTURERS WILL NOT ASSUME RESPONSIBILITY IF YOU DO NOT VERIFY YOUR WRITTEN REQUEST WITH THIS QUOTED BILL OF MATERIALS. Page 1 of 3 Agreement No. 6836 Quote # Q-500371 - EL SEGUNDO-SOLAR DECO FIXTURE Date: 11/28/2023 Page 2 5. SALES TAX IS NOT INCLUDED UNLESS STATED ON QUOTE. IF SALES TAX IS TO BE ADDED AT TIME OF THE ORDER THEN A NEW QUOTE WILL BE ISSUED. 6. THIS QUOTATION IS SUBJECT TO MANUFACTURER'S TERMS AND CONDITIONS. 7. THIS QUOTATION IS MADE WITHOUT BENEFIT OF COMPLETE PLANS AND SPECIFICATIONS. IT IS YOUR RESPONSIBILITY TO INSURE THIS QUOTE ACCURATELY REPRESENTS YOUR BILL OF MATERIAL. IF A SUBSTITUTION IS QUOTED, SCL WILL NOT GUARANTEE APPROVAL UNLESS STATED ON THE QUOTE. THE QUOTE IS BASED ON PART NUMBERS. 8. ANY CHANGES WILL REQUIRE A NEW QUOTE. IF THE COMPLETE QUOTE IS NOT USED THEN A NEW QUOTE WILL BE NEEDED. 9. A SEPARATE P.O. MAY BE REQUIRED FOR EACH MANUFACTURER AT TIME OF THE ORDER. SOUTH COAST LIGHTING WILL COORDINATE ALL DELIVERIES TO OCCUR WITHIN A 30 DAY TIME FRAME. 10. SOURCE INSPECTIONS OR OUT OF STATE INSPECTION CHARGES ARE NOT INCLUDED UNLESS SPECIFICALLY SPELLED OUT ON THIS QUOTE. THESE CHARGES ARE THE RESPONSIBILITY OF OTHERS. 11. CAL -TRANS PROJECTS WILL REQUIRE DESIGN YEAR, LUMINAIRE MAST ARM LENGTH, SIGNAL MAST ARM LENGTH, TENON LOCATIONS, ETC., ETC., PRIOR TO ORDER. ORDERS CANNOT BE RELEASED WITHOUT THIS INFORMATION. 8.3 REQUIREMENTS ARE NOT INCLUDED UNLESS STATED ON THIS QUOTE. 12. LAMPS, PHOTOCELLS, FUSES, SPARE PARTS, OR SPECIAL PRODUCT REQUIREMENTS, ARE NOT INCLUDED UNLESS STATED ON QUOTE. 13. ACCEPTANCE OF ORDER IS CONTINGENT UPON CREDIT APPROVAL. 14. THE RESPONSIBILITY OF SETTING UP ANY AND ALL INSPECTIONS WITH THE CITY OF LA OR ANY OTHER CITIES REQUIRING INSPECTIONS, IS UP TO THE ELECTRICAL OR GENERAL CONTRACTOR AND IS NOT THE RESPONSIBILITY OF SCL & MFG. IF THE CONTRACTOR WOULD LIKE SCL TO HELP ARRANGE THESE INSPECTIONS, SCL WILL NEED A WRITTEN LETTER AUTHORIZING US TO DO SO. ANY AND ALL COSTS ABOVE ANY ALLOWANCE GIVEN IN A QUOTE ARE THE RESPONSIBILITY OF THE CONTRACTOR. 15. FREIGHT ALLOWED QUOTES INCLUDE TWO HOURS OF OFFLOADING TIME. ADDITIONAL CHARGES AT $200 PER HOUR APPLY IF DELIVERY OFFLOADING TIME EXCEEDS THE MAXIMUM TWO HOUR LIMIT. 16. IF ANY TEMPORARY LIGHTING IS REQUIRED DUE TO A DELAY, IT WILL NEED TO BE DISCUSSED PRIOR. SOUTH COAST OR ANY OF ITS MANUFACTURERS WILL NOT PAY FOR ANY LABOR OR THE COST OF MATERIAL WITHOUT PRIOR APPROVAL. 17. IF A DETAIL-U IS REQUIRED, THERE MAY BE AN ADDER FOR IT; PLEASE INQUIRE WITH YOUR SALESMAN OR INSIDE ASSOCIATE FOR THE ADDER. 18. BY REQUEST, UP TO 3 PAINT CHIPS MAY BE SENT OUT TO THE END -USER AT NO EXTRA CHARGE; ANY ADDITIONAL PAINT CHIPS (FOR SAMPLING OR FOR RECORDS, ETC) REQUESTED MAY INCUR A CHARGE CONTINGENT ON SHIP -TO LOCATION. 19. SUPPLIER'S OBLIGAITION TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT SHALL NOT INCLUDE ANY OBLIGATION TO REIMBURSE THE PURCHASER FOR TRANSPORTATION, INSTALLATION, REMOVAL, UNAUTHORIZED REPAIRS, OR ANY OTHER EXPENSES THAT MAY BE INCURRED BY THE PURCHASER OR OTHERS IN RELATION TO ANY PRODUCT DEFECT. ANY CHARGES ASSOCIATED WITH A REPAIR MUST BE JUSTIFIED, DOCUMENTED AND SUBMITTED FOR WRITTEN APPROVAL BY THE MANUFACTURER. 20. ALL POLES TO BE UNWRAPPED ON DELIVERY; ALL POLES SHOULD BE UNWRAPPED AND REVIEWED UPON DELIVERY 21. IF A PURCHASE ORDER IS RELEASED IN MULTIPLE PHASES, IT WILL BE SUBJECT TO A $100 CHARGE ON SMALLER PROJECTS. Page 2 of 3 Agreement No. 6836 Quote # Q-500371 - EL SEGUNDO-SOLAR DECO FIXTURE Date: 11/28/2023 Page 3 Printed: 11128123 11:47:17 Per: Gar�v Keller Email: garyk(a)_outhcoa tlightin .com Page 3 of 3 SOUTH COAST LIGHTING & DESIGN 1101 Via Callejon 949.276.8850 San Clemente, CA 92673 1 salesi@southcoastlighting.com FREE TO SHINE Agreement No. 6836 The SCL Solar Lighting Post Top Light features an all -in -one design. The solar panel, light engine and battery are built right into the LED fixture. No need for a power source, which eliminates the need for wiring and trenching. The Solar Post Top Light is easy to install, just use the supplied screws to secure the light to the pole,. • Comparable to 150W HID • Fixture turns on at night automatically and can be set to different operating modes (see installation instructions for details) • Aluminum alloy + polycarbonate material makes it strong and lightweight • Li -Ion battery lasts at least 1500 charge cycles and is replaceable • Perfect for parks, city streets, school campuses and more... • Dimensions (H x W): 32" x 16" (The fixture will fit poles between 3" - 3.5" - pole not included/offered) SCL-SPT-20W-40K-SF-G2 I 844006069100 I 15OW HID 1 2000 f 4000K 2.2 �f/% �� � �% , ,� /,/ / r � � ��/ � it ! /�� � �1 � • l �� %i '�IM rid , "�i i°, �p 'i III jf�j��lg �Cll SOUTH COAST LIGHTING & DESIGN 1101 Via Callejon 1949276.8850 4 eti:. San Clemente, CA 92673 sales®southmastlighting.com RemPh@s Agreement No. 6836 El Segundo, Los Angeles Extension Modification OPTION I OPTION 2 $ IhC 1Lghb 6Csv}nI&B 276 g3601 v9e56cw111coa019t1 can 1101 UeWkm r200 San Qalgne G 9263 'ce@ '36 years of--