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CONTRACT 7037 Maintenance and Repair AgreementAgreement No. 7037 MAINTENANCE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND HAMPTON TEDDER ELECTRIC CO. ENG 24-25: ON -CALL CITY STREET LIGHT MAINTENANCE AND REPAIRS SERVICES This MAINTENANCE AGREEMENT is entered into this 24th day of June, 2024 by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ("CITY") and HAMPTON TEDDER ELECTRIC CO., a CALIFORNIA CORPORATION ("CONTRACTOR"). The Parties agree as follows: 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the 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 not to exceed Fifteen Thousand dollars ($15,000) rates 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 July 1, 2024 to June 30, 2025. The Agreement may be renewed upon mutual consent of the parties. 3. SCOPE OF SERVICES. A. CONTRACTOR will perform services 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. Page 1 of 10 Rev 4/4/24 Agreement No. 7037 4. PREVAILING WAGES. 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 http://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: i. 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 ii. 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 10 Rev 4/4/24 Agreement No. 7037 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; ii. 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 10 Rev 4/4/24 Agreement No. 7037 maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits combined sin le Commercial general liability: $1,000,000 Business automobile liability $1,000,000 Workers compensation 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 endorsedto 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 XM. Best Company Rating equivalent to at least a Rating of "A:'will'."° 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 10 Rev 4/4/24 Agreement No. 7037 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 thirty (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 Page 5 of 10 Rev 4/4/24 Agreement No. 7037 agreed that the balance will, notwithstanding, continue in full legal force 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. 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: Attention: Matthew Tedder Jr. Hampton Tedder Electric Co. P.O. Box 2128 Montclair, CA 91763 Phone 562-221-2726 Email mtj@hamptontedder.com If to CITY: Attention: Arianne Bala City of El Segundo 350 Main St. El Segundo, CA 90245 Phone 310-524-2364 Email abola@elsegundo.org Any such written communications by certified mail will be conclusively deemed to have been received by the addressee upon receipt of signed certified receipt form, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or Page 6 of 10 Rev 4/4/24 Agreement No. 7037 addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 11. PROHIBITED USE OF ARTIFICIAL INTELLIGENCE. A. Restriction on Artificial Intelligence Usage. CONTRACTOR must not utilize, employ, or incorporate any form artificial intelligence, machine learning, or other similar technologies (collectively, "Al") in the provision of professional services in this Agreement without CITY's express written consent. B. Exclusions, The Al prohibition set forth directly above will not apply to general business tools and software that may have A[ components but are not directly involved in the execution or delivery of professional services that this Agreement covers, provided that such tools and software do not significantly impact the quality or nature of such services. C. Notification. CONTRACTOR must promptly notify CITY, in writing, of any proposal to employ Al in connection its provision of services to the CITY under this Agreement. CITY will have the sole discretion to grant or deny such proposal. 12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 13. 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. 14. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fait, meaning, and this Agreement will never be construed either for or against either party. 15.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. 16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. Page 7 of 10 Rev 4/4/24 Agreement No. 7037 17.WAIVER. Waiver of any provision constitute a waiver of any other provision, waiver. if this Agreement will not be deemed to nor will such waiver constitute a continuing 18.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. 19.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. 20. 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 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. CONSULTANT warrants that its signatory (or signatories, as applicable) to this Agreement has the legal authority to enter this Agreement and bind CONSULTANT accordingly. 21. 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. 22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 23. 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. 24. 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 10 Rev 4/4/24 Agreement No. 7037 [SIGNATURES ON FOLLOWING PAGE] Page 9 of 10 Rev 4/4/24 Agreement No. 7037 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEO a general law city Elias Sam Public Wo ATTEST: Director r Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D.J�E �SLEY, CITY ATTORNEY By: HAMPTON TEDDER ELECTRIC CO. . .... ...... . Name: Christine Tedder Title: President �m Name4axwoffedder Title: Corporate Secretary Taxpayer ID No. 95-2485945 Contractor State License No. 288589 Contractor City Business License No. 8354 Joagdin Vazquez, Assistant City Attorney Insurance Reviewed by: �� yj � ��i Oye"" -1I l Page 10 of 10 Rev 4/4/24 Agreement No. 7037 EXHIBIT A WIN r �If 4571�SIale Street Phone. � ,�Ci" (908) 628-1253 P.O. Box 2128 Fax: (909) 628.6375 Montclair, CA91763 Hampton Tedder Electric Co., Inc. LIC.#288589 HIGH VOLTAGE CONSTRUCTION AND MAINTENANCE HOURLY RATE SCHEDULE TERt"I� & CONDITIONS EFFECTIVE JUNINE 12024 th!pygh_M 31 202 HAMPTON TEDDER ELECTRIC COMPANY provides the following list of Services: (1) Engineering, (2) Installation, (3) Maintenance and (4) Testing, Current rates are as follows: • Rates will be quoted separately for specialized instruments and equipment not in Hampton Tedder Electric's inventory. • Straight time will consist of normal eight (8) hour working day lam to 3:30pm which includes 1/2hr allowance for lunch. • Premium time will consist of any time. worked before and after normal working hours, Saturday, Sunday, holidays, and emergency call outs during normal working hours. Should an employoe be required to: work around the clock, remain at the Nobsite, or receive less than 8 hours rest; he/she will remain on Premium time until which time he/she receives 8 hours rest, or as per the Local Union Agreement. • Travel portal to portal on normal workdays at straight time rates, except during emergency call outs. • Minimum charge of four (4) hours will be billed for services performed in 1-4 hours and minimum of eight (8) hours for services performed 5-8 hours. Mileage at $1.00/mile. • All special permits, licenses, and insurance beyond our standard certificate of insurance will be billed as an extra. • All work that Is scheduled and cancelled less than forty-eight (48) hours to start, will be charged 4 hours per person scheduled. r All Union increases after the above effective date will trigger an automatic increase in the hourly billing rates. Delays caused by others will be considered an extra charge for time lost. Our 24-hour emergency number Is (909) 628-1253. • Hampton Tedder Electric's standard terms and conditions apply to all work and are attached as page 2 and 3 of this document. Customer Initials Christine Tedder, President "Shaping the Future of the Electrical Service Industry' ARIZONA CORPORATE HEADQUARTERS NEVADA PHONE (480) 967-7765 P.O. BOX 2128 PHONE (702) 646 —7449 FAX(480)967-7762 MONTCLAIR, CA 91763 FAX (702) 632 — 0079 LIC, 0146676 A —17 PHONE (909) 628 —1253 LIC. N39279 LIC. N156612 L — 11 FAX (909) 628 — 6375 LIC.H288589 SS-:1.00 Rev. L Agreement No. 7037 Hampton Tedder Ekf ..c vrit [:;c>mpany (fTFE) Terms r- ncl Condition Loomnlete_gorrtract —This document contains the complete and exclusive statement of the terms of the contract between us. It supersedes all previous requests, quotations or agreements. No additional or different terms will be part of the contact unless approved by a quorum of the Board of Directors of Hampton Tedder Electric Company (HTE) in writing. It is agreed that if you issue your own purchase order or subcontract for services or materials, such purchase orders or subcontracts are accepted by HTE subject to these Terms and Conditions, which are hereby incorporated into any such purchase orders Issued by you, unless otherwise specified on the face of this agreement. These Terms and Conditions shall prevail in the event of a conflict between the languages hereof and any language contained in your purchase orders or other documentation. plIces and Order ce tancc—Our quotes include labor and material and are subject to prices at time of order acceptance by HTE. On "hold for release" orders, prices are subject to change if you accept our quote after our written quotation expiration date or afterthirty (30) days from quote date. All quotations for your use in submitting a job or project bid to your customer expire thirty (30) days from the date on the proposal, and may be withdrawn earlier by us with no penalties. Payment — Each invoice shall be due and payable net upon receipt. Any order from you represents that you are solvent. If you have been delinquent in payment or If we believe that your financial condition requires it, we reserve the right to require full or partial payment prior to job start date. If payment is not made when due, (i) your account may be subject to suspension of open account privileges, (i€) you agree to pay a late charge on the amount past due at the rate of 1%% per month (18% peryear) or the maximum lawful rate, whichever is less, and (III) we may pull our workers and stop our work, with no penalties, until your account is current. Sales are not subject to retention of any kind. Should retention be negotiated; retention is due no later than 30 days after our retention invoice. In the event of non-payment, you agree to pay our reasonable attorney's fees and court costs, if any, incurred to collect payment and Interest charges. Emergency repair work has no fixed estimate; they will be billed on a Time and Material basis per our current rate sheet. Rntertation Res onsiiaiiit — When plans and specifications are Involved, you are responsible to verify our interpretation of them. When substitutes are offered by us on any proposal, you are responsible for their acceptability unless the proposed substitute or alternate is rejected In writing within seventy-two (72) hours. gXg1ab1e Deia. — HTE shall be excused from performance when, and to the extent that, such performance is delayed or prevented due to causes beyond the reasonable control of HTE. These causes may include, without limitation, acts of nature, labor disputes, government priorities, transportation delays, Insolvency or other inability to perform by the manufacturer, or any other commercial impracticability. In the eventof any such delay, the date of performance shall be extended for a period equal to the time lost by reason of delay. Limited Warranty— HTE warrants its labor for one (1) year from installation date. We will use our best efforts to obtain from each manufacturer, in accordance with the manufacturer's warranty, the repair or repiacement of goods that may prove defective In material or workmanship, This is your exclusive remedy. other than warranty of title and such express warranties as may arise from the description of the services and material set forth on the face of this contract, HTE expressly disclaims any and all warranties, including but not limited to the warranties of merchantability and fitness for intended purpose, and you agree to take the goods "As Is" and "With All Faults". Limitations of Remedies and Dama es —The total liability of HTE and its suppliers to you, your customers or to any other person, relating to this contract, its performance or non-performance, or from the use of the product furnished, is limited to the price of the goods giving rise to the claim. All such liability shall terminate at the end of the manufacturer's warranty period. Under no circumstance will liability exceed available insurance funds. HTE and its supplier will not, In any event, be liable for any special, incidental, consequential, punitive or penal damages including, but not limited to, back charges; labor costs; costs of removal, replacement, testing or Installation; loss of efficiency; loss of profits or revenues; loss of use of the products or any associated products; damage to associated products; lateness or delays in delivery; unavailability of products; cost of capital; cost of substitute products, facilities or services; downtime; or claims from your customers or other parties to you or directly to us for such damages. Cancellation —You may cancel your order, provided that you give written notice to us and pay us cancellation charges, if any. Cancellation charges may include HTE's expected costs and profits. A minimum $750 charge will apply to any services cancelled (or rescheduled) within 48 hours of the date the service was scheduled to commence. Assi_nment —Any assignment of the contract will be void without the prior written consent of all parties, which will not be unreasonably withheld. Cl s u es and In r retation —This contract will be interpreted in accordance with California law. Venue for any dispute resolution process, including but not limited to an action at law, shall be exclusively in San Bernardino County, California. If any term, condition or covenant of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this agreement shall be valid and binding. HTE's waiver of any term, condition or covenant, or of your breach of any term, condition or covenant shall not constitute the waiver of any other term, condition or covenant or of the breach of any other term, condition or covenant. Work Authorization —Your representatives are presumed to have authority to approve regular or extra work. If you wish to designate only certain individuals that have authority to approve regular or extra work, HTE must be notified of their Identity in writing by certified mail not later than 72 hours prior to the start of the job, Schedule — HTE bids all projects with a specific schedule. Any change in that schedule without HTE's prior written agreement may result in extra charges and or HTE stopping work until a new schedule is agreed upon, If no new schedule is agreed upon HTE may pull off the job, in which case you shall be; responsible for work completed and all associated current and expected costs and profits associated with that job, jnvocing— HTE will provide progress and final invoice as job progresses. We will invoice for job preparation, mobilization, materials and labor on a percent completion basis. It is your responsibility to make sure HTE's Invoices are approved and reaches the proper A/P department individual to expedite payment within seventy-two (72) hours of HTE invoice submission. Any discrepancies must be Identified to HTE in writing within seventy-two (72) hours of receipt of invoice. All invoices are net upon receipt. Late charges of 1%% per month will commence thirty (30) days from date of invoice. Agreement No. 7037 Hampton Te-�ddc.r Electric Company (HTE) -(cams and C:ondlii:ion LiEferil��� Site Costalitiglts, — HTE assumes that your adjoining equipment not specifically in our scope is in good operating condition. HTE bids projects with a specific scope of work and procedure. Should that scope of work and procedure change because your adjoining equipment Is not good orthe workconditions are notas we interpret them, HTE reserves the right to be paid an extra. Work will stop until a new scope, schedule and price is agreed upon with no penalties to HTE. If you and HTE cannot come to an agreement HTE will be entitled to be paid for all work completed and all associated current and expected costs and profits associated with that job. Warranty is void on work not completed by HTE. Li uldated and Delay Dama ,ess, - HTE will not be responsible or liable for damage assessments, including but not limited to Delay and/or Liquidated Damages. You shall indemnify and hold HTE and our subcontractors harmless for any cost associated with work stoppage, delays, loss of production, etc, Ytrur Pte_wapslbilltles include but are not limited too • You shall provide at least one (1) person familiar with the site and work to be performed to be present and act as your representative at all times. • You shall provide ready access (within fifteen (15) minutes) 24 hours a day to all equipment within HTE's scope of work to allow continuous progression of work. Any delays or travel time (portal to portal) for additional site visits to complete our scope of work will be billed as an extra. • You shall provide all current and previous test reports, instruction books, device settings, drawings/schematics, special manufacturer software; Including manufacturer test equipment, test cables or cable leads, etc. necessary to set or test devices under test • You shall arrange for utility outages, test equipment rigging, test site lighting and test power at the point of need unless otherwise provide within the proposal, • You shall provide details for safety training and security Including site badges prior to proposal acceptance byyou. Iffull disclosure is not supplied all time incurred to comply with these measures to meet your requirements will be billed to you as an extra. An overtime differential will be accessed to you for overtime hours worked which were quoted In the proposal to be worked on straight time. HTE will not be responsible for any costs associated with "Witness Testing" for initial or retests. HTE tests in accordance with NETA and performs "Acceptance Testing" per the latest "META Acceptance Testing standards". Startup, Commissioning and/or Turn Key testing or similar phrases used in your documentation needs to be fully described In your required specifications prior to accepting HTE proposal. No clear definition exists for these alternate phrases in the NETA specification or the IEEE dictionary. Therefore, our quote is for acceptance testing only. You are responsible to insure that (i) all conduits are free and clear, (li) all ground and bonding points meet code, (III) all cable and equipment supports are in good condition, (iv) all equipment safety clearances and bending radius are within code, (v) all equipment is free of flooding and water damage, and (vi) proper accessibility for cable pulling equipment, lifting equipment and manpower is available. Your system must be intact and in code. You may pay a delay cost of 4 hours per day per scheduled man If we are pulled off a continuously running project and not allowed to complete our work, due to your delay. Test Rattans — Provided approx. 20 working days afterjob completion. Daily or preliminary reports are extra cost. Report revision after 30 days Is an extra charge. Workjn Hqurs—Normal working hours are eight (8) hours per day. Time starts at your site and ends when our men return to our shop; unless otherwise agreed by HTE and you in writing. Normal working hours are between 7:30am and 4:00pm. Please note Rates are strictly defined on our rate sheet, Overtime rates may apply during normal working hours and other hours. Overtime will consist of any time worked before and after normal working hours, Saturday, Sunday, holidays, and emergency call outs during normal working hours. Should an employee be required to: work around the clock, remain at the jobsite, or receive less than 8 hours rest; he/she will remain on Overtime until he/she receives 8 hours rest, or as per the Local Union Agreement, Overtime is double regular three. CodeCode of _Conduct Hampton Tedder employees shall be made aware of all jobsite hazards and not subject to any form of harassment or discrimination. Our employees shall not be solicited for employment or employed for a period of one (1) year past the last day of this contract, with this customer or any of its related companies. Rates —AH rates are per I-ITE current rate sheet. Clarifications to Proposals — Unless specified in our bid; the following Is not Included In our bid and will be billed as an extra per our Time and Material Rate Schedule: Additional labor required to meet site specific safety items or additions above standard practices of Cal - OSHA Title 8 High Voltage Safety work orders, overtime, testing, conduits, raceways, structures, wire ways, cables, conductors, wires, poured, formed concrete pads, vaults, hand holes, removing, replacing existing gypsum board, ceiling grid, mechanical duct, mechanical piping, other contractor Installed equipment, demo, cable pulling, plan check, permit engineering, performance bonding, onsite meetings not related to scope changes, more than two (2) one (1) hour construction meetings per month, contractor or owners controlled (or supplied) insurance programs, fees or additional accounting. Materials Furnished by Others; in the event the scope of Work includes installation of materials or equipment furnished by others, it shall be the responsibility of the customer to examine the Items so provided and thereupon handle, store and deliver such materials and/or equipment to the work area in a timely manner. Loss or damage to materials and/or equipment or other delays shall be dealt with in a time and material change order. Title to and risk or loss or damage to any equipment furnished by Hampton Tedder shall pass to the purchaser (customer). Purchaser to attain all licenses and permits, should laws change after contract acceptance. The purchaser will pay for any extra costs associated with changing laws. Engineering studies may be corrected, if notified in writing up to 6 months after delivery. Correction is customer's sole remedy. All warranty work is to be provided on straight time., if overtime is required, the rate schedule differential will be paid to Hampton Tedder. If any part, paragraph or portion of the quotation, these terms and conditions or the subsequent contract are found to be invalid by virtue of law or legal decision, the remainder of these terms and conditions shall not be affected and shall remain fully enforceable. Non Deli n Pro"acts — On projects where Hampton Tedder is not the designer, HTE will submit materials for customer/project engineer approval prior to proceeding with the work. During the approval process, HTE will not be considered in breach of the schedule or responsible for any delay or liquidated darnage assessments. Under no circumstances is HTE responsible for incorrect materials approved by customer/project engineer, or the damages customer approved materials cause during or after installation. Customer Initials Agreement No. 7037 pan w, 4571 Stele Street r/ Phone: (909) 628-1253 P.O. Box 2128 Fax: (909) 628.6375 Montclair, CA91763 Hampton Tedder Electric Co., Inc. LICA288589 HIGHVOLTAGE CONSTRUCTION AND MAINTENANCE TEST EQUIPMENT FEE SCHEDULE FY 2025 DESCRIPTION TYPICAL EXAMPLE DAILY WEEKLY MONTHLY General Test Equipment 5kV / 15kv Insulation Tester (Megger).................<.....„...„....,„.„.,„.....,...,., ..,,....„....,.:.... 175.00 800.00 3,000.00 Low Amperage DLRO (Ductor) SOA................................................................. 175.00 800.00 3,000.00 High Amperage DLRO (Ductor) 200A............................................................... 250.00 1,000.00 3,600.00 CT TesterMultl-Ratio EZCT2000..................................................... 420.00 1,680.00 5,760.00 Infrared Camera Flir.................................................................. 480.00 1,440.00 4,800.00 Earth Ground Tester 6470, DET2/2................................................. 150.00 450.00 1,600.00 DC load bank 0.250 KW Eagle Eye ........... .......... .............„..,......„„.,......,. 780.00 2,340.00 6,960.00 Test Trailer „ 200.00 800.00 2,400.00 Circuit Breaker Test Equipment Low Primary Current Test Set 2kA(CB832/MSi/MS2).................................. 300.00 1,200.00 3,600.00 Mid Primary Current Test Set 25kA Phenix HC12C ETI, CB845 ..................... 800.00 2,400.00 6,500.00 High Primary Current Test Set 40kA or 50kA(BTS50/500/1000).................... 1,500.00 4,800.00 11,000.00 Time /Travel Analyzer Doble TR-1A, Programma Timer .................... 300.00 1,200.00 4,080.00 Secondary Injection Test Set Manufacturer Kit or Multi -Amp SC13100........ 240.00 960.00 3,240.00 Relay / Transformer Test Equipment Recloser Test Set Omicron ARCO......................... .­,..„„„ ,„ .. 550.00 2,000.00 6,680.00 Relay Test Set Active Source F6150 / Manta ............................................... 540.00 1,920.00 6,600.00 Testing Software Doble Pro -Test Software (RTS/Protest).......... 120.00 480.00 1,680.00 Transformer Test Set Doble M4100 (Power Factor) ......................... 2,000.00 6,000.00 17,000.00 Transformer Turns Ratio Test Set (30) TTR300.......................................................... 300.00 900.00 2,400.00 Winding Resistance Test Set Raytech, Vanguard ......................................... 300.00 950.00 2,400.00 Recording Equipment Load Recorder ACME PELI03, DM -III (Volts, Amps, kW, PF)... 400.00 1,200.00 3,000.00 Power Disturbance Recorder, PQ Meter PS4500, PX5 (PQ)........................................... 800.00 2,400.00 5,500.00 Medium Voltage Cable Testing Equipment Cable Location Metro -Tech .................................................... 720.00 2,160.00 7,200.00 VLF Thumper High Voltage Inc ............................................. 800.00 2,000.00 6,000.00 Tan -Delta TD-60............................................................. 800.00 3,000.00 9,000.00 Partial Discharge System HT-PD............................................................. 1,140.00 4,560.00 15,600.00 A.C. Hi -Potential (Low) SOkV AC, HPA-505FC1.................................... 350.00 1,200.00 3,800.00 A.C. Hi -Potential (High) 100kV AC, 6CP300/50.................................... 750.00 1,800.00 4,000.00 VLF Hi -Potential (Low) 20kV VLF, HVA-28!......................................... 450.00 1,600.00 4,000.00 VLF HI -Potential (Mid) 44kV VLF, HVA-60.......................................... 600.00 1,800.00 5,760.00 VLF Hi -Potential (High) 60kV VLF, HVA-90............ ........... .:.............„..„. 1,000.00 3,700.00 8,160.00 D.C. Hi -Potential (Low) 80kV DC, PTS-80............................................. 180.00 720.00 2,400.00 D.C. Hi -Potential (Mid) SOOkV DC, PTS-130.............. .................. .......... 900.00 2,700.00 7,500.00 D.C. Hi -Potential (High) 200kV DC, PTS-200......................................... 1,000.00 3,600.00 8,160.00 NOTES: 1) Daily rate up to 8 hours use, Weekly rate up to 40 hours use, Monthly rate up to 160 hours use. 2) All shipping and handling costs are added to equipment. 3) Equipment not owned by HTE Is supplied at cost plus 15%, plus tax, labor and shipping. 4) Rates subject to change without notice. Effective Thru 12/2025 Customer Initials Pare !ol'4