CONTRACT 7114 Public Works ContractAgreement No. 7114
PUBLIC WORKS AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
SOUTH COAST LIGHTING & DESIGN, INC.
[CITY COUNCIL MUST APPROVE CONTRACTS GREATER THAN $60,000]
This CONTRACT is entered into this 23rd day of September 2024, by and between the
CITY OF EL SEGUNDO, a municipal corporation and general law city ("City") and SOUTH
COAST LIGHTING & DESIGN, INC., a California corporation ("Contractor").
1. WORK.
A. The Contractor will provide all work required by the Contract Documents
(the "Work"). The Contractor agrees to do additional work arising from
changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions
contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials;
equipment; printing; vehicles; transportation; office space and facilities; all
tests, testing and analyses; and all matters whatsoever (except as
otherwise expressly specified to be furnished by the City) needed to
perform and complete the Work and provide the services required of the
Contractor by the Contract Documents.
D. "Contract Documents" means the Notice Inviting Bids; Instructions to
Bidders; Supplementary Instructions to Bidders; Proposal; this Contract;
Standard Specifications; Supplementary Conditions; Exhibits; Technical
Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed;
Change Orders; Notice of Completion; and all other documents identified
in the Contract Documents which together form the contract between the
City and the Contractor for the Work. The Contract Documents constitute
the complete agreement between the City and the Contractor and
supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum to exceed
$46,886.95 for the Work in the manner set forth in the Contract Documents. The City may
adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within 90 working days
(the "Contract Time.")
B. The Contract Time will commence when the City issues a notice to
Agreement No. 7114
proceed. The Contract Documents will supersede any conflicting
provisions included on the notice to proceed issued pursuant to this
Contract.
C. The Contractor may not perform any Work until:
The Contractor furnishes proof of insurance as required by the
Contract Documents; and
The City gives the Contractor a written, signed, and numbered
purchase order and notice to proceed.
D, By signing this Contract, the Contractor represents to the City that the
Contract Time is reasonable for completion of the Work and that the
Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written
authorization to proceed, any such Work is at the Contractor's own cost
and risk.
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:
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Agreement No. 7114
i. When employment in the area of coverage by the joint apprenticeship
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 established
for the administration of apprenticeship programs if CONTRACTOR
employs registered apprentices or journeymen in 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. PAYMENT BOND; REGISTRATION WITH DEPARTMENT OF INDUSTRIAL
RELATIONS.
A. Prior to the commencement of any work under this Agreement,
CONTRACTOR must provide City with a valid labor and materials bond in in
an amount equal to 100% of the total contract value, as required by Civil Code
§ 9550 et seq. This bond must be issued by a surety company admitted to
issue bonds in the State of California, and must guarantee the payment of all
laborers, subcontractors, and material suppliers furnishing labor or materials in
connection with the performance of the work. The bond must remain in full
force and effect until all claims for labor and materials have been fully
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Agreement No. 7114
resolved, or until the expiration of the statutory period for the filing of
mechanic's liens, whichever is later. CONTRACTOR is responsible for
ensuring the bond remains valid and enforceable for the duration of the
statutory period.
B. Unless exempt under Labor Code § 1725.5, CONTRACTOR must be
registered with the California Department of Industrial Relations before
commencing any work under this Agreement.
6. DISPUTES. Disputes arising from this contract will be determined in accordance
with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
7. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the
City will promptly inform the Contractor regarding third -party claims against the
Contractor, but in no event later than 10 business days after the City receives such
claims. Such notification will be in writing and forwarded in accordance with the "Notice"
section of the Contract Documents. As more specifically detailed in the Contract
Documents, the Contractor agrees to indemnify and defend the City against any third -
party claim.
8. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with
a Taxpayer Identification Number.
9. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits,
licenses, and certificates that may be required in connection with the Work.
10.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by the Contractor under the Contract
Documents are the City's property. The Contractor may retain copies of said
documents and materials as desired, but will deliver all original materials to the City
upon the City's written notice.
11. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and
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Agreement No. 7114
limits of insurance coverage to be maintained by the Contractor as required by the
Contract Documents, and any approval of such insurance by the City, are not intended to
and will not in any manner limit or qualify the liabilities and obligations otherwise assumed
by the Contractor pursuant to the Contract Documents, including, without limitation, to the
provisions concerning indemnification.
12. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the
Contractor will act as an independent contractor and will have control of all work and the
manner in which is it performed. The Contractor will be free to contract for similar
service to be performed for other employers while under contract with the City. The
Contractor is not an agent or employee of the City and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits the City provides for its
employees. Any provision in this Contract that may appear to give the City the right to
direct the Contractor as to the details of doing the work or to exercise a measure of
control over the work means that the Contractor will follow the direction of the City as to
end results of the work only.
13. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities. The Contractor will retain such financial and program
service records for at least three years after termination or final payment under the
Contract Documents.
14. NOTICES. All communications to either party by the other party will be deemed
made when received by such party at its respective name and address as follows:
If to Contractor:
Attention: Gary L. Keller
South Coast Lighting & Design,
1101 Via Callejon, Suite 100
San Clemente, CA 92673
(949)276-8850
garyk@southcoastlighting.com
If to City.
Attention: Darrell George
Inc. City of El Segundo
350 Main Street
El Segundo, CA 90245
(310) 524-2303
dgeorge@elsegundo.org
Any such written communications by mail will be conclusively deemed to have been
received by the addressee upon deposit thereof in the United States Mail, 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
addresses of persons to whom notices are to be given by giving notice in the manner
prescribed in this paragraph.
15. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for
the exclusive benefit of the Contractor and the City and not for the benefit of any other
party. There will be no incidental or other beneficiaries of any of the Contractor's or the
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Agreement No. 7114
City's obligations under this Contract.
16. INTERPRETATION. This Contract 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 Contract will be in Los Angeles County.
17. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or
incongruity between any provision of the Contract Documents, precedence will be
as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
18. SEVERABILITY. If any portion of the Contract Documents are 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 Contract
will continue in full force and effect.
19. AUTHORITY/MODIFICATION. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to
execute this Contract and to engage in the actions described herein. This Contract
may be modified by written amendment. The City's city manager, or designee, may
execute any such amendment on the City's behalf.
20. ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. This Contract 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 Contract,
agreements ancillary to this Contract, and related documents to be entered into in
connection with this Contract 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. Contractor warrants that its
signatory (or signatories, as applicable) to this Agreement has the legal authority to enter this
Agreement and bind Contractor accordingly.
21. COVENANTS AND CONDITIONS. The parties agree that all of the provisions
hereof will be construed as both covenants and conditions, the same as if the words
importing such covenants and conditions had been used in each separate paragraph.
22. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
23. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
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Agreement No. 7114
IN WITNESS WHEREOF the parties hereto have executed this Contract the day
and year first hereinabove written.
CITY OF EL SEGUNDO
ATTEST:
TraAyyWeaver,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By: —_
Joaquin
uez, Assistant City Attorney
CONTRACTOR
)w
Gary L. Keller
President
Taxpayer ID No. 33-0764966
Contractor State
License No.:
Contractor ity Business
Lice e No.:
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Agreement No. 7114
IN WITNESS WHEREOF the parties hereto have executed this Contract the day
and year first hereinabove written.
CITY OF EL SEGUNDO CONTRACTOR
4� l
Darrell George, G 'ry L. eller
City Manager Pre nt
axoaver ID No. 33-0764966
ATTEST:
Trac eaver„
City Clerk
Contractor State
License No.: 4
J
Contractor City Business
License No.: 6z36-7
APPROVED AS TO FORM:
MARK D. HENSLEY, Ci Attorney
Icy:
Joaquin V zquez, Assistant City Attorney
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Agreement No. 7114
Quote # Q501217D - EL SEGUNDO-SOLAR DECO FIXTURE Date: 8/26/2024 Page 1
SOUTH COAST LIGHTING &DESIGN
www.southcoastlighting.com
1101 Via Callejon, Suite 200
San Clemente, CA 92673
q uotes@southcoastltg.com
949-276-8850 ph
949-276-8855 fx
To: Marizen Ramos Job/Project Name:
CITY OF EL SEGUNDO EL SEGUNDO-SOLAR DECO FIXTURE
PARKS & RECREATION DEPARTMENT
4001 Sheldon Street
El Segundo, CA 90245-0989
PH: 213-322-3842 Fax 322-7137
Qty Type Mfg Description Unit Price
Extd.Price
SCOPE OF WORK
REMOVE EXISTING TOP FROM POLES
INSTALL POLE ADAPTER
SET LIGHT & PROGRAM FOR EXTRA
BRIGHTNESS
SOLAR FIXTURES & INSTALL
17
SCL
SOLAR FIXTURE INSTALL BETWEEN GRAND,
$855.00
$14,535.00
CONRAD & STANDARD
EXTRA FIXTURES NO INSTALL
5
SCL
SOLAR FIXTURE EXTRAS
$855.00
$4,275.00
SUBTOTAL BEFORE TAX
$18,810.00
1
TAX
TOTAL TAX 2 9.50%
$1,786.95
SUBTOTAL
$20,596.95
17
SCL
INSTALLATION LABOR ON EXISTING POLE W/
$160.00
$2,720.00
ADAPTER
2
SCL
REPAIR AND REPLACE BROKEN ARM
$385.00
$770.00
ASSEMBLIES
SUBTOTAL
$3,490.00
40
SCL
PAINTING OF POLES (PER ATTACHED ESTIMATE
104192024-1
$570.00
$22,800.00
BM
SUBTOTAL
$22,800.00
DELIVERY 3-4 WEEKS AFTER RECEIPT OF
PURCHASE ORDER
TOTAL: J,
$46,886.95
MFG Code ITERMS Lead Time
SCL NET 30, OAC
Prices firm for entry by: 45 Days I Shi ment by: 70 Days Lead Time: 5-7 Weeks
"ANCHOR BOLTS SHIPPED PRIOR MAY BE SUBJECT'1 O A FREIGHT CHARGE: N0'1°' 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.
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Agreement No. 7114
Quote # Q501217D - EL SEGUNDO-SOLAR DECO FIXTURE Date: 8/26/2024 Page 2
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.
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 $100 CHARGE ON SMALLER PROJECTS.
22. SHIPPING DATE IS AN ESTIMATION AT TIME OF QUOTE, EXACT SHIPPING DATE AND TIME MAY CHANGE AT ORDER ENTRY.
23. SEND NEW ORDERS TO NEWORDER SOU'r" iCOASTLIGHT$NG.COM AND COPY PERSON WHO OWGINALLY SENT OUT QUOTr-,
Printed: 08/26/24 16:18:12 Per: Julie P noy Email: JULIEP@ OUTHCO!A TLIGHTING.COM
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