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CONTRACT 7448 One Page Service AgreementAgreement No. 7448 CONTRACTOR: MUSCO SPORTS LIGHTING, LLC Services Agreement DATE: 10/g/25 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. The City reserves the right to increase insurance limitslcoverages based upon the scope and type of services. Please find additional terms and conditions, including additional insurance provisions, on the following pages. This is not a purchase order or an authorization to begin work. ® Carnprehensive General! Liability: At least 1 0$ , 00,000 per occurrence. See Section 12 for additional insurance and endorsement requirements, ❑ Business Auto Liability, At least; $1,000,000 per occurrence. [Waived by City Council via agenda item B.10 (February 18, 2025) for "low risk" work within $15,000 per year] f �Nc°sr�el°s' + of raei atst g�lsisumc : Statutory requirement wi fi waivev of sv bMgr iori. (If not provided, Seller affirms that it has no employees.) © Business License: Seller must 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. ❑ og o1 valid l ,cture I.D. (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 BY THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY, ,Gi%i ,iiN,d by (cornoRele 4 bl'anks): COLOR COPY REQUIRED BACK TO THE CITY Company Name: ..�._ ...�_........... By(Printname" µ&I. —it le)��� IVIUSCO SPORTS LIGHTING, LLC LIGHTING, JAMES M. HANSEN SECRETARY . Company Street Address: .._. __.e ._....._. � _.- Vendor's Aiit ed Si reiw 21 12nd AVE WEST PO BOX 808 City, State, Zip: Date signed` OSKALOOSA. IA 52577 "FAX:---__._. _._.�... October 21, 2025 Phone: i 800 825-6020 641-673-4852 Email Vendor's Web site. a TROY,SHILLINGa(�MUSCOcorn dI _ .. .COM Uw -_ .. ._- v Originalou'Deparimenl ConlacC Dale initialed: DepartnienlHead Approval mm..... ....... Dale Approved:._-_.0..mm� �� Insurance Approval:.,_M�,, t -O_ ..�:.. _..�._.m-...m.. �W City A[torinay City Manager Cily C1 Short Services Agreement - No Prevailing Wage - RPL Business Auto Waiver Rev 2/27/25 Agreement No. 7448 -I.GENERALLY. The materials, supplies, or services (collectively, "Purchase") covered by this services agreement and purchase or ("order") must be furnished by Seller subject to all the terms and #rdPc-�0rkL&Ri-Lt vrrR#RVIaLs—ode4 agrees to be bound by and comply with in all particulars, No other terms in writing, Written acceptance or shipment of all or any portion of the terms and conditions in this order. The terms of any proposal referred to it specified the Purchase ordered, the price, and the delivery, and then in wriling wilhin thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed. 4. TERMINATION. City may terminate this order at any time, either verbally or in writing, with or without cause Should termination occur, City will pay Seller as full performance until such termination the unit or pro fala 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 time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City. 5JERM I TIME EXTENSION. This Agreement's term will be from 10/9/25 to 12/31/25,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. 6.REMEDIES CUMULATIVE. City's rights and remedies under this order are not exclusive and are in addition to any legal rights and remedies 7.TITLE. Title to materials and supplies purchased under this order oass directli from Seller to Citi u q on Cit s written acceptance followin WOMINUMEHIS 'i i Short Services Agreement - No Prevailing Wage - RPL Business Auto Waiver 8,13ATAZIT. City will pay better alter receiving acceptaule invoices to materials and supplies delivered and accepted or services rendered anO accepted, City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order, Drafts will not be honored. 9,IN1EMNIFICATION. Seller agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees), injuries, or liability, attributable to personal injury, including death, or damage to rea or tangible personal property to the extent caused by Seller's negligent willful acts or omission in the performance of Seller's obligations und this agreement Should City be named in any suit, or should any clallo be brought against it by suit or otherwise, whether the same groundless or not, arising out of the Purchase or order, or th performance, Seller will defend City (at City's request and with couns satisfactory to City) and indemnify City for any judgment render against it or any sums paid out in settlement or otherwise. For purpos of this section 'City" includes City's officers, elected officials, an employees. It is expressly understood and agreed that the foregoin provisions will survive termination of this order. The requirements as the types and limits of insurance coverage to be maintained by Selle and any approval of such insurance by City, are not intended to and w not in any manner limit or qualify the liabilities and obligations otherwi assumed by Seller pursuant to this order, including, without limitation, the piuvisions concerning indemnification IO.WARRANTY. Seller agrees that the Purchase is covered by 11 most favorable commercial warranties the Seller gives to any custom for the same or substantially similar supplies or services, or such oth more favorable warranties as is specified in this order Warranties w be effective notwithstanding any inspection or acceptance of t Purchase by City, 11,ASSIGNMENT. City may assign this order [Except as to a order without City's written approval. Should City give consent, it will n subcontractor will be considered Seller's agent. 112,INSURANCE. Commercial general liability ('CGL") insurance mu L Form No. Form CG 00 NUNN&, policy coverage. Liability policies will be endorsed to name City, i officials, and employees as "additional insureds" under said insuran coverage and to state that such insurance will be deemed "primary" su that any other insurance that may be carried by City will be exce and defense of suits arising out of Seller's acts or omissions, Su insurance will be on an 'occurrence." not a "claims made," basis and not be cancelable or subject to reduction except upon thirty (30) da prior written notice to City, and the notice must include any necessa endorsement to facilitate such notice to City, See below for requir endorsement language pertinent to the insurance requirements Sell will hernish Y-Aid C&rti'Xcatets 6f IAs,,4r2Ace tQ City evidenriAl rA2iAtQA:Qn Insured endorsement confirming City has been given Additional Insur StatILIS Linder the Seller's General Liability policy. and such oth evidence of insurance or copies of policies as may be reasonab required by City from time to time. Insurance must be placed wi 4surers with a �Iprrent A.M. Best Corn In, Rating eguivalen t to at lea Agreement No. 7448 volunteers as additional insureds," through ISO Form CG 20 10 1185 or CG 20 10 with CG 20 37; (ii) Cancellation Endorsement with this language; "The City of El Segundo will receive thirty (30) days written notice in the event of cancellation, nonrenewed or reduction." (III) Primary and Non -Contributory Endorsement with this language: "Coverage is primary and non-contributory such that any other insurance that may be carried by the City will be excess thereto." 13.PERMITS. Seller must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this order. 14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as an independent contractor and will have control of all work and the manner in which is it performed, Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means that Seller will follow the direction of the City as to end results of the work only. 15.WAIVER. City's review or acceptance of, or payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller's performance. A waiver by City of any breach of any term, covenant, or condition contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this order, whether of the same or different character. %INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 17.ARTIFICIAL INTELLIGENCE. Seller must not utilize, employ, or incorporate any form artificial intelligence, machine learning, or other similar technologies (collectively, "Al") in the provision of services in this Agreement without City's express written consent. The AI prohibition set forth directly above will not apply to general business tools and software that may have At 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. Seller 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. 18.13ACKGROUND CHECK; FINGERPRINTING; ASSOCIATED TRAINING. If Seller's work involves contact with minors, before conducting any performance of this Agreement, all Sellers employees, subcontractors, volunteers, or other agents that will perform Seller's work under this Agreement must submit to and pass a background/fingerprint investigation conducted or approved by City. 19.ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. In accordance with Government Code §16.5, the parties agree that this Amendment 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. Seller warrants that its signatory (or signatories, as applicable) to this Agreement has the legal authority to enter this Agreement and bind Seller accordingly. Short Services Agreement - No Prevailing Wage - RPL Business Auto Waiver 20. CONSISTENCY. In interpreting this Agreement and resolving any ambiguifies, this Agreement takes precedence over any attached exhibit with conflicting provisions. 21. CONSIDERATION. As consideration, City agrees to pay Seller for Seller's services not to exceed a total of $5,064.96 for the work, however, total compensation must not exceed $15,000 per year. City will pay for work as specified in the attached Exhibit "A," which is incorporated by reference. Seller affirms and covenants that this Agreement constitutes a "low risk" contract, as described in Section 7 of City Council Resolution No. 4813. 22. EXHIBITS. EXHIBIT "A" -PROJECT: RICHMOND STREET ELEMENTARY SCHOOL EXHIBIT "A" Agreement No. 7448 Date: September 9, 2025 Expiration date: November 9, 2025 Project: Richmond Street Elementary School EI Segundo, CA To: Christopher Hentzen Musco Project Number: SVC-533260, P#BMA12389 Quotation Price The fee for services rendered including labor, lift, and material._ . . $4,615.00"" Plus applicable sales tax. Material cost .. _......... .. ..— - .. ....... ......... ...... $665.00 Labor and lift cost . ........ ..... .... ......... $3,950.00 • 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. Scope of Musco proposes the following service: • Musco Tech to replace (7) outages In connection with the Services, Musco will provide basic materials consisting of (7) Musco 1,500-watt Z lamps. If additional time or materials are needed to complete the Project, Musco will obtain Customer's consent before proceeding. Please Note: Replacement parts needed for repairs to Musco fixtures will be charged at an additional price: Ballasts - $285.00 each ' Capacitors - $70.00 each ' Fuses - $6.00 each ' Additional Lamps - $85.00 each Notes • irrigation must be turned off 3-4 days before Musco is scheduled to be on site. If tt Is n 9 y of fumed off prior to the day the Tech Is on -site there will be an additional charge for a return trip. • The B2 pole is a Cell Tower which must be shut off the day Musco is on site. This Is the responsibility of the owner. • Reasonable access to all poles with construction -sized lift if required. • Ground protection (plywood) and assistance to move, if needed, provided by owner. • Pricing and lead times are effective for 60 days only. • Prices are subject to change if the order is not released within 30 days from the date of the purchase. Environmental Compliance Notice HID lamps contain mercury (Hg), a hazardous substance that is regulated by state 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 Final payment terms are subject to approval by Musco credit department. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco. Freight Charges have been included in the above prices. Sales tax is NOT included as part of this quote. Ciconse( and Perapits MUSCO, a non -union organization, requires the customer to arrange and secure all licenses, permits and/or applicable labor contracts with local authorities. MUSCO shall not be held responsible for local union labor and any permits, if required. Nonfiabilitiv Before Musco enters the Property to set up its equipment under this Agreement, Customer must notify Musco of any landscaping or surface areas that are to be avoided by Musco in setting up its equipment. Absent Musco's negligence or willful misconduct, Musco is not, at any time or to any extent, liable, responsible or in any way accountable for any loss, injury, death or damage to persons or property, from any cause that at any time 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. If you have any questions regarding the quotation, please call me at 800-825-6020 , Sincerely, �� �J � 5 k,' _ d Tray Shilling Service and Parts Sales Representative Musco Sports Lighting, LLC 100 1 st Avenue West — PO Box 808 Oskaloosa, IA 52577, USA Phone: 800 825-6020 Ext 2085 E-mail: troy.shilling@musco.com r M11L 'Ale) uw u 1