CONTRACT 7600 One Page Service AgreementAgreement No. 7600
ale ices, Agreement
CONTRACTOR: NATIONAL UTILITY LOCATORS, LLC DATE: 4/21/26
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 limits/coverages 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.
® Comprehensive General Liability: At least $1,000,000 per occurrence. See Section 12 for additional insurance and endorsement
requirements.
® Business Auto Liability: At least: $1,000,000 per occurrence. (If not provided, Seller affirms that it will not use an auto to perform
work.) See Section 12 for additional insurance and endorsement requirements.
® Workers' Compensation Insurance: Statutory requirement with waiver of subrogation (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.
❑ Copy of valid picture 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.
Submitted byf complete aIN blanks : COLOR COPY REQUIRED SACK TO °'n NEE CITY
Company Name:
NATIONAL UTILITY LOCATORS, LLC
By (Print name & title):
Mark Ba hdassarian Owner
Company Street Address:
Vendor's Authod ire&
2010 W. AVE. K #375
City, State, Zip:
Date signed:
LANCASTER, CA 93536
5/4/2026
Phone:
FAX:
626-485-1547
_ ..
Vendor's Email addres s: : �ITITIT�
Vendor's Web site::
MARK NATIONALUTILITYLOCATORS.COM
nationalutilitylocators.com--t
Originator/Department Contact: PUBLIC WORKS DEPARTMENT-ARIANNE BOLA Date initiated: 4/21/26
Department Head Approval:
Insurance Approval:
City
City Manager
Date Approved:
Lr r.
Date Approved: 6
;Po A
PW 26-03 Service Agreement Rev 2/27/25
1.GENERALLY. The materials, supplies, or services (collectively,
"Purchase") covered by this services agreement and purchase order
("order") must be furnished by Seller subject to all the terms and
conditions contained in this order which Seller, in accepting this order,
agrees to be bound by and comply with in all particulars. No other terms
or conditions are binding upon the parties unless subsequently agreed to
in writing. Written acceptance or shipment of all or any portion of the
Purchase covered by this order constitutes unqualified acceptance of all
terms and conditions in this order. The terms of any proposal referred to
in this order are included and made a part of the order only to the extent
it specified the Purchase ordered, the price, and the delivery, and then
only to the extent that such terms are consistent with the terms and
conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in
this order, free from all defects in Seller's performance, design,
workmanship, and materials, and, except as otherwise provided, is
subject to inspection and test by City at all times and places. If, before
final acceptance, any Purchase is found to be incomplete, or not as
specified, City may reject it, require Seller to correct it without charge, or
require delivery of such Purchase at a reduction in price that is equitable
under the circumstances. If seller is unable or refuses to correct such
items within a time deemed reasonable by City, City may terminate the
order in whole or in part. Seller bears all risks as to rejected Purchases
and, in addition to any costs for which Seller may become liable to City
under other provisions of this order, must reimburse City for all
transportation costs, other related costs incurred, or payments to Seller
in accordance with the terms of this order for unaccepted Purchases.
Notwithstanding City's acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this
order in drawings and specifications for specially manufactured supplies,
place of delivery, method of shipment or packing of the order by giving
notice to Seller and subsequently confirming such changes in writing. If
such changes affect the cost of or the time required for performance of
this order, an equitable adjustment in the price or delivery or both must
be made. No change by Seller is allowed without City's written approval.
Any claim by Seller for an adjustment under this section must be made
in writing within 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 rata 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.
5.TERM 1 TIME EXTENSION. This Agreement's term will be from JUNE
1, 2026 to JUNE 30, 2029. City may extend the time for completion if, in
City's sole determination, Seller was delayed because of causes beyond
Seller's control and without Seller's fault or negligence. In the event
delay was caused by City, Seller's sole remedy is limited to recovering
money actually and necessarily expended by Seller because of the
delay; there is no right to recover anticipated profit.
&REMEDIES CUMULATIVE. City's rights and remedies under this order
are not exclusive and are in addition to any legal rights and remedies.
7.TITLE. Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actual inspection and Citv's opportunity to reject.
&PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and
accepted. City will not pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City
harmless from and against any claim, action, damages, costs (including,
without limitation, attorney's fees), injuries, or liability, arising out of the
Purchase or the order, or their performance. Should City be named in
any suit, or should any claim be brought against it by suit or otherwise,
whether the same be groundless or not, arising out of the Purchase or
order, or their performance, Seller will defend City (at City's request and
with counsel satisfactory to City) and indemnify City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For
purposes of this section "City" includes City's officers, elected officials,
and employees. It is expressly understood and agreed that the
foregoing provisions will survive termination of this order. The
requirements as to the types and limits of insurance coverage to be
maintained by Seller, and any approval of such insurance by City, are
not intended to and will not in any manner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the
most favorable commercial warranties the Seller gives to any customer
for the same or substantially similar supplies or services, or such other
more favorable warranties as is specified in this order. Warranties will
be effective notwithstanding any inspection or acceptance of the
Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any
payment due under this order, Seller may not assign or subcontract the
order without City's written approval. Should City give consent, it will not
relieve Seller from any obligations under this order and any transferee or
subcontractor will be considered Seller's agent.
12.INSURANCE. Commercial general liability ("CGL") insurance must
meet or exceed the requirements of ISO-CGL Form No. Form CG 00 01
04 13, or equivalent, covering CGL on an "occurrence" basis, including
property damage, bodily injury and personal & advertising injury. If a
general aggregate limit applies, either the general aggregate limit shall
apply separately to this project/location (ISO CG 25 03 or 25 04) or the
general aggregate limit shall be twice the required occurrence limit. For
automobiles, the insurance must meet or exceed the requirements of
Insurance Services Office Form Number CA 0001 covering Code 1 (any
auto), or, if Seller provides proof of a personal automobile policy, such
personal policy must include and indicate business venture coverage
with limits no less than $1,000,000 per accident for bodily injury and
property damage. If Seller has no owned autos, Code 8 (hired) and 9
(non -owned), with limits no less than $1,000,000 per accident for bodily
injury and property damage must be included in coverage. The amount
of insurance required 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.
City's additional insured status will apply with respect to liability and
defense of suits arising out of Seller's acts or omissions. 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, and the notice must include any necessary
endorsement to facilitate such notice to City. See below for required
endorsement language pertinent to the insurance requirements. Seller
will furnish valid Certificates of Insurance to City evidencing maintenance
of the insurance required under this Agreement, a copy of an additional
PW 26-03 Service Agreement
insured endorsement confirming CITY has been given additional insured
status under the Seller's General Liability policy, 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." Insurance endorsements must contain the following
language: (i) Additional insured endorsement with this language: "The
City of El Segundo, its elected and appointed officials, employees, and
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.
16. PREVAILING WAGES. If required by applicable state law including,
without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)),
1771, 1774, 1775, and 1776, Seller must pay its workers prevailing
wage. It is Seller's responsibility to interpret and implement any
prevailing wage requirements and Seller agrees to pay any penalty or
civil damage resulting from a violation of the prevailing wage laws. In
accordance with Labor Code § 1773.2, copies of the prevailing rate of
per diem wages are available upon request from City's Engineering
Division or the website for State of California Prevailing wage
determination at I' �ttpJiwww,dir ca goy1DLSR1PWQ. A copy of the
prevailing rate of per diem wages must be posted at the job site.
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. 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 Al prohibition set
forth directly above will not apply to general business tools and software
that may have Al 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 orant or denv such proposal.
19. BACKGROUND CHECK; FINGERPRINTING; ASSOCIATED
TRAINING. If Seller's work involves contact with minors, before
conducting any performance of this Agreement, all Seller's 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.
Seller affirms and attests that its employees, subcontractors, volunteers,
or other agents that will perform Seller's work under this Agreement
20. 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.
21. CONSISTENCY. In interpreting this Agreement and resolving any
ambiguities, this Agreement takes precedence over any attached exhibit
with conflicting provisions.
22. CONSIDERATION. As consideration, City agrees to pay Seller for
Seller's services in the amount of $48,750 for the work from June 1,
2026 to June 30, 2027, $48,000 for fiscal year 2027-2028, and $48,000
for fiscal year 2028-2029. The total contract sum shall not to exceed
$144,750. City will pay for work as specified in the attached Exhibit "A,"
which is incorporated by reference.
23. EXHIBITS. EXHIBIT A: UTILITY LOCATING AND MARKING
RATES
PW 26-03 Service Agreement
EXHIBIT A Agreement No. 7600
City of El Segundo Utility Locating and Marking Services, PW 26-03
Company Name: National Utility Locators LLC
Address: 2010 W Ave K #375
City/State/Zip: Lancaster, CA 93536
Designated Contact: Mark Baghdassarian
Email: mark@nationalutilitylocators.com
Phone #: 626-485-1547 Cell Phone #: 626-485-1547
Item
No.
Locating
monthly
*member
Description
and Marking Services
tickets received =100;
code = ESO1Fiber,
Service Rate to
Unit
Year 2022
total average
ES01WW
Estimated
Ouantitv
for each
monthly
Unit Price
(in figures)
Dollars/Cents
member code*
field locates = 20)
Item Total
(in figures)
Dollars/Cents
(the total average
receive, screen,
dispatch electronic
positive response
back to One Call for
Sewer Force Main,
1
Storm Water Force
month
13
$3,750
$48,750
Main, and Fiber
Optics Lines
including all tickets
not requiring field
locate (June 1, 2026
to June 30, 2027)
Service Rate to
receive, screen,
dispatch electronic
positive response
back to One Call for
Sewer Force Main,
2
Storm Water Force
month
12
$4,000
$48,000
Main, and Fiber
Optics Lines
including all tickets
not requiring field
locate (July 1, 2027
to June 30, 2028
350 Main Street, El Segundo, CA 90245-3813 (310) 524-2300
Agreement No. 7600
Service Rate to
receive, screen,
dispatch electronic
positive response
back to One Call for
Sewer Force Main,
3 Storm Water Force month 12 $4,000 $48,000
Main, and Fiber
Optics Lines
including all tickets
not requiring field
locate (July 1, 2028
to June 30, 2029)
TOTAL BASE AND ITEM 1 THRU 3 IN FIGURES =
$ $144,750
TOTAL BASE FOR ITEM 1 WRITTEN IN WORDS:
One Hundred Forty -Four Thousand, Seven Hundred Fifty
The following is not included in the bid amount but will be used as basis to determine
applicable rates in excess of the bid rate above and outside of normal working hours.
Regular Hours refers to 7:00 am to 5:00 pm; Monday through Friday; requires customer pre -
approval
Additional Field Locates
(over 60 locates per month)
After hours emergency call out:
$ 125
$ 150
/each
/hour (minimum 2 hours)
350 Main Street, El Segundo, CA 90245-3813 (310) 524-2300
Agreement No. 7600
REQUEST FOR PROPOSALS
for
Utility Locating and Marking Services
RFP Number:
RFP Title:
Requesting Department:
Request for Proposal (RFP) Release Date
Mandatory Walk Through Date:
Proposal Due Date:
23-03
Utility Locating and Marking
Services
Public Works
February 27, 2023
March 7, 2023 9:00 a.m.
March 28, 2023 11:00 a.m.
Notice is hereby given that sealed proposals will be received in the Office of the City Clerk, City
Hall, 350 Main Street, El Segundo, California 90245 until 11:00 a.m. (PST), March 28, 2023
A Mandatory Walk Through is scheduled for Tuesday, March 7, 2023 at 9:00 a.m. (PST) at City
Hall Courtyard, 350 Main Street, El Segundo, California 90245
Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
Interested parties may obtain a copy of this RFP by accessing the City Of El Segundo website:
htt s:��wwv�.else �mnd'o.orc l overnmentlde ap•tments�cit ,.clerk/bid��`f
The City of El Segundo Public Works Department is soliciting proposals for City Utility
Locating and Marking Services
1. It is the Bidder's responsibility to read the entire RFP and to comply with all requirements
herein.
2. The scope of the RFP is summarized in the Scope of Services — Section IV
3. Each Bidder must provide the following included in their response:
a. All Exhibits B through F
b. Completed Pricing Sheet — Exhibit G
4. Each response must be submitted in a sealed envelope and clearly marked:
"RFP #23-03 Utility Locating and Marking Services"
Failure to identify the proposal on the envelope may result in disqualification of
the proposal.
Sealed proposals must be submitted to the Office of the City Clerk at 350 Main Street,
El Segundo, California 90245. Responses will be received until 11:00 a.m. Pacific
Standard Time on March 28, 2023.
S. Late submittals will not be accepted.
6. City of El Segundo will not accept emails or faxes of the above submittals
7. Any and all updates, addenda, questions and answers and changes to this RFP
will be distributed through the Bid/RFP webpage. The City shall not be held
responsible or liable if interested bidders or proposals miss any information
relevant to this RFP.
Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
TABLE OF CONTENTS
SECTION I. DEFINITIONS
SECTION II. INSTRUCTIONS FOR BIDDERS
A. MANDATORY WALK-THROUGH MEETING
B. FILING DATE
C. RESERVATIONS
D. BID FORM
E. THE CONTRACT
F. DISCREPANCIES AND OMISSIONS
G. CONTINGENCIES
SECTION III. MINIMUM REQUIREMENTS
A. BUSINESS LICENSE
B. PREVAILING WAGE
C. REPRESENTATIVES
D. CITY REPRESENTATIVES
E. VENDOR REPRESENTATIVE
F. EMPLOYEE CONDUCT
G. RFP RESPONSE FORMAT AND SUBMISSION REQUIREMENTS
SECTION IV. SCOPE OF SERVICES
A. LOCATION OF WORK
B. WORKING HOURS
C. ROUTINE LOCATE RATE
D. NON -ROUTINE LOCATE RATE
E. MATERIALS PROVIDED BY THE CITY
F. MATERIALS PROVIDED BY THE VENDOR
G. 2022 USA TICKETS DATA
SECTION V. SELECTION PROCESS
A. INITIAL SCREENING
B. EVALUATION ACTIVITIES
C. TENTATIVE SCHEDULE
D. NOTES
E. ATTACHMENTS
Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
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Agreement No. 7600
UANIJIr��
The words defined in this Section shall have the meanings set forth below whenever they appear
in this RFP, unless: (a) the context in which they are used clearly requires a different meaning; or
(b) a different definition is prescribed for a particular "Part" or provision.
Addenda - written or graphic instruments issued only by the City prior to the opening of
bids which clarify, correct, or change the bidding documents or the contract documents.
2. Amendment - method of changing the terms and conditions or requirements of a contract
beyond what is specifically allowed by the contract.
3. Award - the acceptance of a bid, offer, or proposal by the proper authority.
4. Bidder Offeror Proposer, Vendor -a person who submits a response to an invitation for
bids.
5. CSC — The City of El Segundo
6. Contractor — Usually refers to the successful vendor to whom the contract is awarded,
However, it could also refer to a Bidder, Proposer or Vendor.
7. Brand Names or E ualSpecifications - specifications limited to one or more items by
manufacturers' names or catalog numbers to describe the standard of quality,
performance or other salient characteristics needed to meet the City's requirements and
which provides for the submission of equivalent products.
8. Brand Name Specification - a specification limited to one (1) or more items by
manufacturers' names or catalogs.
9. Change Order - written order issued on or after the effective date of the agreement to
correct errors, omissions, or discrepancies in purchase orders to cover acceptable
overruns and freight costs, incorporate requirements to expand or reduce the scope of
commodities or services ordered, or to meet unforeseen field, regulatory or market
conditions; or a written order authorized by the proper authority, authorizing additions,
deletions or revisions in the work or an adjustment on the contract price at times in
accordance with the change order clause of a construction contract and signed by City
and Contractor.
10. Contractor's Re resentative - an individual designated by the bidder or Contractor to act
on its behalf and with the authority to legally bind the bidder or Contractor concerning the
terms and conditions set forth in bid/proposal and contract documents.
11. Cure Letter - a letter sent to the Contractor as a result of poor performance or for failure
to comply with the requirements outlined in these specifications. Typically, the
Contractor has 30-60 days to comply or face termination of the contract for cause.
12. En nee - The City Engineer, or designee, as defined in the Greenbook. Unless
otherwise provided, all correspondence and decisions made relative to the contract will
be by the City Engineer or his/her designated representative.
Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
13. Public Works Director - The City's Public Works Director, or designee
Mandatory Walk Through Meeting
A pre -bid meeting is scheduled for Tuesday, March 7, 2023 at 9:00am PST, at City Hall
Courtyard, 350 Main Street, El Segundo, CA 90245. Bidders' attendance at this meeting
is mandatory. If a bidder fails to attend the meeting, the bidder will be deemed as
disqualified.
B. Filing Date
All proposals must be received at or before 11:00 a.m. (PST), March 28, 2023. Copies
of all forms, specifications, and exhibits are available from the City website at
htt s://www.else undo.or / overnment/de artments/cit -clerk/bid-rf
C. Reservations
The City Council reserves the right to reject any and all bids/proposals received; to take
all bids/proposals under advisement for up to 120 days after opening; to waive any
informality on any bid/proposal; and to be the sole judges of the relative merits of the
material mentioned in the respective bids/proposals received. The Council also reserves
the right to reject any item(s), award more than one contract for each of the items and
reject bids/proposals that are not accompanied by the requested information.
Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
D. Bid Form
• The proposal must be enclosed in an envelope and marked "RFP #23-03 Utility
Locating and Marking Services" showing the bid number and addressed to the
Office of the City Clerk, City Hall, 350 Main Street, El Segundo, California 90245.
• No telephone, email or facsimile bids will be accepted.
• If the proposal is made by an individual, it must be signed by the full name of the
Proposer and include the Proposer's complete address. If it is made by a
firm/expert, it must be signed with the co -partnership name by a member of the
firm/expert, and the name and full address of each member must be given. If it is
made by a corporation, it must be signed by the proper officer in the corporate
name, and the corporate seal must be attached to such signature.
• The phraseology of the bid must not be altered in any way.
• Proposals are subject to acceptance by the City for a period of 120 days unless
a different period is prescribed in the proposal by the bidder.
E, The Contract
The Bidder to whom the award is made will be required to enter into a written
contract with the City. A copy of the vendor's proposal and the contract specifications
may be attached to and will form a part of the contract. All materials, supplies,
equipment, and services supplied by the vendor shall conform to the applicable
requirements of State and Federal Laws covering Labor and Wages, as well as
conforming to the specifications herein. In case of default by the vendor, the City reserves
the right to procure the articles from other sources and to hold the vendor responsible for
any excess costs incurred by the City.
F. Discrepancies or Omissions
Vendors finding discrepancies or omissions in the RFP or having any doubts as to the
meaning or intent of any part thereof shall submit such questions or concerns in writing
electronically via li,ttps://www.elseaLindo.o.Lg/cvernment/de arrtments/cit -clerk/bid-rf .
No responsibility will be accepted for oral instructions. Addenda issued in correspondence
to this RFP shall be considered a part of this RFP and shall become part of any final
Contract that may be derived from this RFP.
G. Contingencies
This RFP should not be considered as a Contract to purchase goods or services but is a
Request for Proposal in accordance with the Terms and Conditions herein and will not
necessarily give rise to a Contract.
Completion of this RFP form and its associated appendices are a requirement. Failure to
do so may disqualify your RFP response submittal. Vendors must submit signed RFP
responses by the due date and time as specified herein. Vendors will be considered non-
responsive if the above requirements are not submitted as requested. If only one RFP
response is received, the City reserves the right to reject the response and re -bid the RFP.
Any Scope of Services, Contingencies, Special Instruction and/or Terms and Conditions
applicable to this RFP and any Contract derived thereafter shall be effective as of the
issue date of Notice to Proceed (NTP), and shall remain in full force and effect until sixty
(60) days after the City has accepted the work in writing and has made final payment,
unless sooner terminated by written agreement signed by both parties.
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Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
A. Business License
The selected Vendor awarded a Contract shall be required to obtain a City of El Segundo
Business License no later than five (5) business days from notification of award prior to
being issued a contract. Awarded vendor must possess and maintain all appropriate
licenses/certifications necessary to in the performance of duties required under this RFP
and will provide copies of licenses/certifications immediately upon request throughout the
term of the Contract.
B. Prevailing Wages
Where labor is required for public work as a part of any requirement covered by this RFP,
pursuant to the provisions of the Labor Code of the State of California, Vendor(s) shall pay
no less than those minimum wages.
C. Representatives
Should the awarded Vendor require the services of a third party to complete the Scope of
Services indicated in this RFP, the awarded Vendor will not assign, transfer, convey or
otherwise dispose of the contract or its right, title or interest in or to the same, or any part
thereof. Any attempt by the awarded Vendor to so assign, transfer, or subcontract any
rights, duties, or obligations arising hereunder shall be null, void and of no effect.
The awarded Vendor shall be solely responsible for the satisfactory work performance of
all personnel engaged in performing the Services including Vendor's subcontractor. All
services shall be performed by the awarded Vendor or under the awarded Vendor's direct
supervision, and all personnel shall possess the qualifications, permits, and licenses
required by state and local law to perform such services.
The awarded Vendor shall be responsible for payment of all employees' and
subcontractors' wages and benefits and shall comply with all requirements pertaining to
employer's liability, workers' compensation, unemployment insurance, and Social
Security. By its execution of this Agreement, Vendor certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every employer to be
insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of the Code and agrees to comply with such provisions
before commencing the performance of the services.
In case of default by the Vendor, the City may take the following actions which shall include
but not be limited to; cancellation of any contract, purchase order, procurement of the
articles of service from other sources and may deduct from unpaid balance due to the
Vendor, or may bill for excess costs so paid, and the prices paid by the City shall be
considered the prevailing market prices paid at the time such purchase is made,
withholding of payment until final resolution. Cost of transportation, handling, and/or
inspection on deliveries, or Vendors for delivery, which do not meet specifications, will be
for the account of the Vendor.
D. City Representatives
For the purposes of this Agreement, the contract administrator and City's representative
shall be Arianne Bola, or such other person as designated in writing by City ("City's
Representative). It shall be the Vendor's responsibility to assure that City's Representative
is kept informed of the progress of the performance of the services, and the Vendor shall
4
Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
refer any decisions that must be made by City to City Representative. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the
City Representative.
E. Vendor Representative
For the purpose of this Agreement, is hereby
designated as the representative of the successful Vendor authorized to act in its behalf
with respect to the services specified herein and make all decisions in connection
therewith ("Vendor's Representative"). It is expressly understood that the experience,
knowledge, capability and reputation of the Vendor's Representative were a substantial
inducement for City to enter into this Agreement. Therefore, the Vendor's Representative
shall be responsible during the term of this Agreement for directing all activities of Vendor
and devoting enough time to personally supervise the services hereunder. The successful
Vendor may not change the Vendor's Representative without prior written approval of the
City's Representative.
F. Employee Conduct
All Vendor personnel must observe all City regulations in effect at the location where the
Services are being conducted. While on City property, the Vendor's personnel shall be
subject to oversight by City staff. Under no circumstances shall the Vendor's or Vendor's
sub -contractor personnel be deemed as employees of the City. Vendor or Vendor's sub-
contractor personnel shall not represent themselves to be employees of the City.
Vendor's personnel will always make their best efforts to be responsive, polite, and
cooperative when interacting with representatives of the City, or any other City employees.
Vendor's personnel shall be required to work in a pleasant and professional manner with
City employees, outside Vendors and the public. Nothing contained in this RFP shall be
construed as granting the Vendor the sole right to supply personal or contractual services
required by the City or without the proper City approval and the issuance of a Contract.
G. RFP Response Format and Submission Requirements
Completion of this RFP form and its associated Exhibits are a requirement. To be
considered responsive and evaluate RFP responses fairly and completely Vendors must
comply with the format and submission requirements set out in this RFP, and provide all
information requested. Failure to comply with this instruction will deem said RFP response
as non -responsive and will not receive further consideration in the evaluation process.
If only one RFP response is received, the City reserves the right to discard the response,
re -bid or proceed with an RFP review and negotiations.
All proposals, whether accepted or rejected, shall become the property of the City upon
submission. Proposals must be received no later than 11:00 a.m. PST, March 28, 2023
to the following address:
City of El Segundo
Office of the City Clerk
350 Main Street,
El Segundo, California 90245
Proposals received after this time and date will not be considered.
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Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
Proposers shall provide: FOUR (4) complete paper copies of the proposal in a sealed
envelope with the company name and clearly marked with the words "RFP 23-03 Utility
Locating and Marking Services
Proposal Format and Content
Proposers must follow the prescribed format. Do not include any extraneous or marketing
material. Proposals shall include sections in the same order and format shown below.
Cover Letter/Introduction
RFP responses must include the complete name and address of Vendor and the name,
mailing address, email address, and telephone number of the contact person regarding
the RFP response. A signature by an authorized representative must be included on each
RFP response. Said signature will be considered confirmation of the Vendors ability and
willingness to comply with all provisions stated herein.
Table of Contents
The Table of Contents must be a comprehensive listing of the contents included in your
RFP response. This section must include a clear definition of the material, exhibits and
supplemental information identified by sequential page numbers and section reference
numbers. Each section of the RFP response will be separated by a title page at the
beginning of each section.
Executive SumMM
The Executive Summary shall condense and highlight the contents of the Vendor's RFP
response to provide the Evaluation Committee with a broad understanding of the Vendor's
approach, proposal, experience and staffing.
Experience
The Vendor shall provide a concise statement demonstrating the Vendor's qualifications,
experience, expertise, and capability to perform the requirements of this RFP. Provide a
brief history of your company, including;
• The number of years in business,
• The firm's service commitment to customers,
• If the firm is involved in any pending litigation that may affect its ability to provide
its proposed solution or ongoing maintenance or support of its products and
services.
• A statement as to whether your firm is an individual proprietorship, partnership,
corporation, or private nonprofit firm, and the date your company was formed or
incorporated.
Third-PartylSubcontractors
If the Vendor intends to subcontract, a detailed list of any sub -contractors, partners, or
third -party Vendors who will be involved in the implementation of the proposed services
including but not limited to:
• Description of the Vendor's experience with each of the proposed subcontractors,
• Five (5) customer references for each subcontractor to include references names,
addresses, email addresses, and telephone numbers, for products and services
like those described in this RFP,
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Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
• Describe the specific role of each.
Staff Bio ra hies
Submit the resumes of the individuals who will be performing the services for the City.
Resumes shall be formatted in the following order:
• Position with the Company,
• Length of time with the Company,
• Licenses, registrations and certifications as required by law to perform the Scope
of Work described herein,
Educational background,
• Role in the Project,
• Experience with the minimum requirements stated herein,
• Work history on similar or like projects with the other municipalities.
Proposal Response
Under this section Vendors shall provide a full, detailed response to the City's Scope of
Services listed herein. Vendors should be as thorough as possible in their response as it
may be the only opportunity to convey information regarding your business, ability and
qualifications to complete the services needed.
Exhibits A throueh C.
The following named Exhibit A through I are a requirement. All required exhibits must be
completed and signed where required and submitted as required in this RFP.
Services Agreement
In addition to the acceptance of the City's Terms and Conditions, the successful Vendor
will be required to enter into a Services Agreement ("SA") with the City of El Segundo, a
"Sample" of which is found on Exhibit A. All requirements of said SA must be completed
by the successful Vendor and signed by both applicable parties prior to any services being
rendered. This RFP sets forth some of the general provisions which may be included in
the final SA. In submitting a response to this RFP, Vendor will be deemed to have agreed
to each clause. Any exceptions to this agreement must be noted at the time of submitting
a proposal. If no exceptions are noted, the contract will be executed in the form provided.
If the terms of the Agreement cannot be agreed upon for any reason, another vendor may
be selected. Vendor will be required to obtain and, during the term of the contract, maintain
insurance policies as detailed in the sample Agreement.
The initial contract term will be for three (3) years from the time of inception. By mutual
agreement between the City and the Vendor, the contract may be renewed for two (2)
optional one-year renewal terms, for a maximum contract period of five (5) years from the
start date.
Termination for Default
The City may, by written notice of default to the vendor, terminate any resulting order in
whole or in part should the vendor fail to make satisfactory progress or fail to remedy
discrepancies within the time set forth in any Cure Letter sent to the Vendor by the
Engineer. If, after notice of termination of this contract under the provisions of this clause,
it is determined for any reason that the Vendor was not in default under the provisions of
this clause, the rights and obligations of the parties shall be the same as if the notice of
Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
termination had been issued pursuant to the Termination for Convenience clause. The
rights and remedies of City provided under this article shall not be exclusive and are in
addition to any other rights and remedies provided by law or under resulting order.
Termination for Convenience
The City may - by written notice stating the extent and effective date - terminate any
resulting contract for convenience in whole or in part, at any time. The City shall pay the
vendor as full compensation for performance until such termination the services or pro-
rate price for the delivered and accepted portion, and a reasonable amount, as costs of
termination not otherwise recoverable from other sources by the Vendor as approved by
the City. With respect to the undelivered or unacceptable portion of the Agreement, the
amount of compensation shall in no event exceed the total price of the services rendered.
In no event shall the City be liable for any loss of profits on the resulting order or portion
thereof so terminated. The rights and remedies of the City provided in this article shall not
be exclusive and are in addition to any other rights and remedies provided by law or under
resulting order.
Acknowledgement of Insurance
Vendors must meet all insurance requirements as outlined in the Professional Services
Agreement. Ability to comply with said requirements must be indicated with signature of
"Exhibit B, Acknowledgement of Insurance Requirements and Certification of Ability to
Provide and Maintain Coverage Specified", which must be submitted with the Bid under
the Insurance tab. The awarded Vendor will be responsible for providing the required
Certificates of Insurance and must be the Named Insured on the Certificates. Certificates
of Insurance from any other entity other than the awarded Vendor, will not be accepted.
Addendum Acknowledgement
The Vendor shall hereby acknowledge they have received all posted Addendums, if any.
It is the Vendor's responsibility to log into the City website to identify and request copies
of the addenda that have been posted. Addenda issued in correspondence to this RFP
shall be considered a part of this RFP and shall become part of any final Contract that
may be derived from this RFP. Vendors must indicate their acknowledgement of any
Addendums by way of signature on "Exhibit C, Addendum Acknowledgement" and must
be included under this section of the RFP response.
Past Contract Disqualifications
Bidding Vendors must verify by way of signature to "Exhibit D, Bidder's Statement of Past
Contract Disqualifications Form" that they have not been disqualified from any government
contract and are registered in accordance with Labor Code § 1725.5. The signed exhibit
must be included under this section of the RFP response.
Signature of Authorit
"Exhibit E", Signature of Authority must be included with the Vendor RFP response.
Unsigned RFP responses will not be accepted. The Signature of Authority declares that
the Vendor has carefully examined the instruction indicated herein including all terms and
conditions and specifications, and hereby proposes and agrees, if the Vendors RFP
response is accepted, Vendor agrees to furnish all material in accordance with the
instruction and specifications in the time and manner prescribed for the unit cost amounts
set forth in the Vendors RFP response.
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Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
Company References
Provide a minimum of five (5) references, preferably with other municipalities in which
similar services are being performed. References must be for work performed or
completed within the past three (3) years. "Exhibit F, Reference Worksheet", must be
complete and attached to your RFP response.
Prime.
"Exhibit G", Pricing must be included with the Vendor RFP response. All prices, terms and
conditions for the contract period shall remain firm for the initial 12 months of the contract,
in accordance with the pricing sheets submitted with the proposal.
Pricing on proposals shall be sufficient to pay all applicable Federal and State
withholdings, workmen's compensation, staff mileage reimbursement (at the current IRS
rate for the Los Angeles area) if no company vehicle is provided to travel to and from City;
as well as any sick leave that may be required under California Assembly Bill 1522
(AB1522). Mobilization, utility mark -out, and administrative reporting must also be
included.
SECTION IV — SCOPE OF SERVICES
The Vendor shall and agrees to receive all excavation notices and/or requests directed to City
from any source, including requests generated through the Underground Service Alert (USA)
One -Call Center.
City agrees to instruct the Underground Service Alert (USA) One -Call Center to transmit requests
involving City's Fiber, Sewer Force Main and Storm Drain Force Mains directly to Vendor.
Vendor shall respond to and complete all locate requests in accordance with California laws.
Vendor shall, for each locate request, review the City's underground facility as -built plans,
determine any conflicts between the proposed excavation and City's facilities and where conflicts
exist locate and mark such facilities.
A. Location of Work: Various locations throughout the City. See the Location Map in the
Appendix A.
B. Working Hours: Normal working hours are 7:00 am to 4:00 pm Monday through Friday,
excluding City recognized Holidays. All work shall be completed during normal working
hours unless advance, written approval for after-hours work is obtained from the City
Representative.
C. Routine Locate Rate: Requests received from Underground Service Alert (USA) One -
Call Center shall be paid for the proposed flat rate unit costs. Each billing unit includes up
to 400 feet of marking. Each additional incremental distance of up to 400 feet will constitute
an additional billing unit.
D. Non -Routine Locate Rate: Requests received directly from City representative, which do
not go through the USA center shall be paid at the proposed hourly rates. The regular
hourly rate shall be paid for work completed during the normal working hours defined
herein. Work completed outside normal working hours shall be paid at the after-hours rate.
Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
Pricing shall be valid through June 30, 2024.
Vendor shall use chalk paint, flags, or stakes as necessary to identify the location of City's
facilities. Such markings shall be placed at reasonable distances and shall be in accordance with
APWA uniform color code guidelines.
Vendor agrees to perform the Services as promptly as possible, respond to USA tickets within
two (2) working days of issuance, and electronically close out all locate requests.
Vendor shall respond, locate and mark Emergency Locate requests as directed by the City or
USA within two (2) hours of notification during emergency conditions.
Vendor shall maintain records of all requests for a period of three (3) years, from the date of
receipt.
Vendor shall submit monthly invoices and locate system billing detail for services rendered.
Invoice to include: invoice number, date, period, client information, item description, number of
tickets, number of locates, locate rate and/or hourly rate and total amount due. Locate system
billing detail to include: billing period, client information, ticket numbers, address, city, ticket
transmitted date/time and ticket completed date/time of locate, number of tickets, number of
locates and/or hours.
All Services performed in a good workman -like manner an in accordance with all applicable laws,
regulations and ordinances, and shall comply with the locating procedures as from time to time
adopted and approved by the National Utility Locating Contractor's Association (NULCA).
Vendor shall designate a supervisor as a single point of contact between the Vendor and City to
serve as liaison for administrative issues.
The Vendor's supervisor to be available each working day, during regular working hours, after-
hours and available by cellular telephone, for the duration of the agreement. The supervisor must
be fluent in English language. The cellular telephone shall meet F.C.C. standards and shall be
able to clearly transmit and receive anywhere within the City Limits.
The Vendor and staff shall have skills, expertise, and have a minimum of five (5) years experience
in all aspects of locating and marking services.
In the event Vendor encounters any City underground facilities that are "Identifiable, but Un-
locatable", Vendor shall notify City after having exhausted reasonable efforts to locate such
facility. City will assist Vendor with locates at no cost to Vendor.
Vendor's employees shall wear the appropriate work attire and personal protective equipment
(PPE).
Work Zones shall be setup in accordance with the current Work Area Traffic Control Handbook
(WATCH) in conformance with State and Federal standards and endorsed by the APWA.
No material or equipment shall be stored where it will interfere with safe passage of pedestrian
and/or public traffic.
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Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
E. Materials Provided by City:
During the term of this Agreement, City agrees to furnish Vendor with adequate copies of
City's underground facility maps and records. This shall include all available maps,
measurements, charts, technical information and updates, which are necessary to locate
City's underground facilities. All such materials furnished or disclosed to Vendor by City in
the performance of this Agreement shall remain the property of City. All copies of such
information shall be returned to City upon the termination of this Agreement. Unless such
materials were previously known to Vendor free of any obligation to keep them
confidential, or subsequently made public by City, such materials shall be kept confidential
by the Vendor, shall be used only in the performance of Services under this Agreement
and may not be used for any other purpose except as may be agreed upon in writing by
City. This obligation of confidentiality shall survive the termination of this Agreement.
F. Materials Provided by Vendor:
During the term of this Agreement, Vendor agrees to provide sufficient qualified staff and
personnel, office and field equipment, transportation and supplies as are necessary to
fulfill its obligation under this Agreement, and shall furnish and maintain any and all State,
County and Municipal licenses or permits which apply to the Services to be performed by
Vendor. Vendor hereby represents and agrees that it is engaged in an independent
business; that it will perform Services under this Agreement as an independent vendor
and none of its workers, agents or employees shall under any circumstance be construed
as an employee of City; that it has and hereby retains the right and responsibility to
exercise control and supervision of the Services and full control over the employment,
direction, compensation and discharge of all persons assisting it in performing the
Services; that it will be solely responsible for the payment of its employees and for the
payment of all Federal, State, County and Municipal taxes and contributions pertaining
thereto; and that it will be responsible for its own acts and for the acts of its employees,
agents and subcontractors while performing Services under this Agreement. Nothing
contained in this Agreement shall create or be construed as creating the relationship of
employer and employee, or partnership of joint venture, between the City and the Vendor,
or between City and any person or persons employed or engaged by Vendor.
G. 2022 USA Tickets Data: See the table in Appendix B
A. Initial Screenin
All RFP responses will undergo an initial review to determine responsiveness to the
instructions herein. Those RFP responses initially determined to be responsive by meeting
the RFP requirement as indicated herein will proceed to the next phase of the evaluation
process.
B. Evaluation Activities
RFP responses deemed as having met the standard RFP requirements as indicated
herein are then evaluated by an Evaluation Committee which comprised of City staff. The
RFP submittals are scored and assigned a ranking of one (1) through ten (10), ten being
the highest possible score. The following criteria have been assigned percentages that
the criteria will be scored against, based upon but not limited to the following evaluation
criteria factors:
11
Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
Criteria
The Evaluation Committee will review and rank the proposals based upon the 'Ranking Criteria'
table, and then re -rank the proposals in consideration of the Cost Proposal and overall value of
the proposed services.
The top -rated Vendors may be requested to come to an interview with the Evaluation Committee,
who will determine the final rankings. The ultimate scope of work, schedule, and fee will be
negotiated with the top -ranked firm, resulting in a recommended contract award by staff to the
City Council. The successful bidder is selected by the City Council acting within its sole discretion.
The City Council is under no obligation to contract with any bidder. If an agreement cannot be
reached with the top -ranked firm in a reasonable amount of time, negotiations may begin with the
next highest-ranking firm until an agreement is reached.
C. Tentative Schedule
The following schedule represents a target timeframe for the Respondent Selection process and
execution of the License Agreement. Dates are subject to change.
Action Date
D. Notes
Addendums may be issued during this procurement process; however, none will be issued
fewer than three (3) working days prior to the proposal due date.
Any and all questions shall be submitted solely to Arianne Bola via email:
abola@elsegundo.org Question submittal due date is March 10, 2023 by 5:00pm and
answers will be posted on the on the City's website at
8�tt s:www.else undo.om f overnnertlde arkments�cit-cl'erkbid-rf by the end of the
day on Tuesday, March 14, 2023.
12
Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
Agreement No. 7600
E. Attachments
Sample Services Agreement (Exhibit A)
Acknowledgement of Insurance (Exhibit B)
Addendum Acknowledgement (Exhibit C)
Bidder's Statement of Past Contract Disqualifications (Exhibit D)
Signature of Authority (Exhibit E)
Company References (Exhibit F)
Pricing (Exhibit G)
Appendix A
Location Map
Appendix B
2022 USA Tickets Data
13
Request for Proposal for Utility Locating and Marking Services
City of El Segundo Public Works Department
r.1In1D11 ti
01
r
CONTRACTOR:
Agreement No. 7600
bervi , ces Agreement
DATE MAILED:
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El
Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 20 10 11 85 or
equivalent. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and
property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as
"additional insured's" under said insurance coverage and to state that such insurance will be deemed "primary" such that any
other insurance that may be carried by the City will be excess thereto. Such insurance must be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the
City. Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or
an authorization to begin work.
® Comprehensive Generai gi including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence.
® Auto Liability, including owned, non -owned and hired vehicles with at least:
® $1,000,000 per occurrence.
0 $100,000 - 300 000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® Workers' Com ensabon Insurance: as required by State Statutes with Waiver of Sub pgLfion, (Not needed if Self-employed with
no employees and CONTRACTOR signs statement to this effect.)
® Business License: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase
said license (at no cost to the City).
❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the
Planning Manager @ (310) 524-2340 if you have questions.
❑ Copy of valid picture i,N (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF
WORK FOR THE CITY.
Submitted b (complete all blanks COLOR. COPY RIR°°001RF°II) IB,ACK'10 1l°Ih°il° GI'FY
Company Name:
By (Print name & title):
Company Street Address:
P Y
Vendor's Authorized Signature required:
City, State, Zip:
Date signed:
Phone:
_._ .....................
Vendor's Email address:
FAX:
_.. ..............w.....
Vendor's Web site:
Mail original agreement and insurance to: City of El Segundo — City Clerk 350 Main Street, Room 5, El Segundo, CA 90245-3813
Originator/Department Contact:
Department Head Approval;
Insurance Approval:
City Attorney
City Manager
Date initiated:
Date Approved:
Date Approved:
City Clerk
Short Services Agreement with check boxes - Prevailing Wage (RFP 23-03) Revised
2/8/23
1.GENERALLY. The materials, supplies, or services (collectively,
"Purchase") covered by this services agreement and purchase order
("order") must be furnished by Seller subject to all the terms and
conditions contained in this order which Seller, in accepting this order,
agrees to be bound by and comply with in all particulars. No other terms
or conditions are binding upon the parties unless subsequently agreed to
in writing. Written acceptance or shipment of all or any portion of the
Purchase covered by this order constitutes unqualified acceptance of all
terms and conditions in this order. The terms of any proposal referred to
in this order are included and made a part of the order only to the extent
it specified the Purchase ordered, the price, and the delivery, and then
only to the extent that such terms are consistent with the terms and
conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in
this order, free from all defects in Seller's performance, design,
workmanship, and materials, and, except as otherwise provided, is
subject to inspection and test by City at all times and places. If, before
final acceptance, any Purchase is found to be incomplete, or not as
specified, City may reject it, require Seller to correct it without charge, or
require delivery of such Purchase at a reduction in price that is equitable
under the circumstances. If seller is unable or refuses to correct such
items within a time deemed reasonable by City, City may terminate the
order in whole or in part. Seller bears all risks as to rejected Purchases
and, in addition to any costs for which Seller may become liable to City
under other provisions of this order, must reimburse City for all
transportation costs, other related costs incurred, or payments to Seller
in accordance with the terms of this order for unaccepted Purchases.
Notwithstanding City's acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this
order in drawings and specifications for specially manufactured supplies,
place of delivery, method of shipment or packing of the order by giving
notice to Seller and subsequently confirming such changes in writing. If
such changes affect the cost of or the time required for performance of
this order, an equitable adjustment in the price or delivery or both must
be made. No change by Seller is allowed without City's written approval.
Any claim by Seller for an adjustment under this section must be made
in writing within 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 rata 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.
5.TIME EXTENSION. City may extend the time for completion if, in
City's sole determination, Seller was delayed because of causes beyond
Seller's control and without Seller's fault or negligence. In the event
delay was caused by City, Seller's sole remedy is limited to recovering
money actually and necessarily expended by Seller because of the
delay; there is no right to recover anticipated profit.
&REMEDIES CUMULATIVE. City's rights and remedies under this order
are not exclusive and are in addition to any rights and remedies provided
by law.
7.TITLE. Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actual inspection and City's =ortuniity to reiecta
Agreement No.ITIT7600
13.PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and
accepted. City will not pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City
harmless from and against any claim, action, damages, costs (including,
without limitation, attorney's fees), injuries, or liability, arising out of the
Purchase or the order, or their performance. Should City be named in
any suit, or should any claim be brought against it by suit or otherwise,
whether the same be groundless or not, arising out of the Purchase or
order, or their performance, Seller will defend City (at City's request and
with counsel satisfactory to City) and indemnify City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For
purposes of this section "City" includes City's officers, elected officials,
and employees. It is expressly understood and agreed that the
foregoing provisions will survive termination of this order. The
requirements as to the types and limits of insurance coverage to be
maintained by Seller, and any approval of such insurance by City, are
not intended to and will not in any manner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the
most favorable commercial warranties the Seller gives to any customer
for the same or substantially similar supplies or services, or such other
more favorable warranties as is specified in this order. Warranties will
be effective notwithstanding any inspection or acceptance of the
Purchase by City.
11I.ASSIGNMENT. City may assign this order. Except as to any
payment due under this order, Seller may not assign or subcontract the
order without City's written approval. Should City give consent, it will not
relieve Seller from any obligations under this order and any transferee or
subcontractor will be considered Seller's agent.
12.INSURANCE. Seller must provide the insurance indicated on the
face sheet of this Services Agreement.
13.PERMITS. Seller must procure all necessary permits and licenses,
and abide by all federal, state, and local laws, for performing this order.
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. PREVAILING WAGES. If required by applicable state law including,
without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)),
1771, 1774, 1775, and 1776, CONTRACTOR must pay its workers
Short Services Agreement with check boxes - Prevailing Wage (RFP 23-03)
prevailing wage. It is CONTRACTOR'S responsibility to interpret and
implement any prevailing wage requirements and CONTRACTOR
agrees to pay any penalty or civil damage resulting from a violation of
the prevailing wage laws. In accordance with Labor Code § 1773.2,
copies of the prevailing rate of per diem wages are available upon
request from CITY's Engineering Division or the website for State of
California Prevailing wage determination at
httoJ/www dir.c gpv/DLSRIP D. A copy of the prevailing rate of per
diem wages must be posted at the job site.
I&CONSISTENCY. In interpreting this Agreement and resolving any
ambiguities, this Agreement takes precedence over any attached exhibit
with conflicting provisions.
19. CONSIDERATION. As consideration, CITY agrees to pay
CONTRACTOR for CONTRACTOR's services not to exceed a total of
.. ( Dollars) annually in each fiscal year for the work.
CITY will pay for work as specified in the attached Exhibit "A," which is
incorporated by reference.
20.EXHIBITS. [RFP 23-03 Utility Locating and Marking Services]
21. TERM. The term of this Agreement will be from (date to date), unless
otherwise terminated pursuant to Section 4.
Short Services Agreement with check boxes - Prevailing Wage (RFP 23-03)
Agreement No. 7600
EXHIBIT B
INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
UTILITY LOCATING AND MARKING SERVICES
RFP 23-03
Company Name:
To be awarded this contract, the successful bidder must procure and maintain the following types
of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $1,000,000
Business automobile liability: $1,000,000
Workers compensation: Statutory requirement
Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form
No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single
limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage.
Liability policies must be endorsed to name the 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 the City will be excess thereto.
Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such
insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or
subject to reduction except upon thirty (30) days prior written notice to the City.
Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by Contractor for the City.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92,
including symbol 1 (Any Auto).
The Consultant must furnish to the 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 the
City from time to time. Insurance must be placed with admitted 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. The Consultant 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.
The City requires California Worker's Compensation Coverage with the associated Waiver. Out-
of-state coverage will not be accepted in lieu of the California coverage, because the work is being
performed in the State of California.
By signing this form, the bidder certifies that it has read, understands, and will comply with these
insurance requirements if it is selected as the City's consultant. Failure to provide this insurance
will render the bidder's proposal "nonresponsive."
Date
Bidder's Signature
Agreement No. 7600
EXHIBIT C
ADDENDUM ACKNOWLEDGEMENT
UTILITY LOCATING AND MARKING SERVICES
RFP 23-03
The Vendor hereby acknowledges the following Addenda Number(s) to this RFP have been
received, if any. Vendor understands failure to acknowledge any addenda issued may cause the
RFP response to be considered non -responsive. It is the Vendor's responsibility to always check
the City website and download the number of addenda that have been posted.
Signature
Print Name
Title
Date
Agreement No. 7600
EXHIBIT D
BIDDER'S STATEMENT OF
PAST CONTRACT DISQUALIFICATIONS
UTILITY LOCATING AND MARKING SERVICES
RFP 23-03
Company Name:
Please state all instances of being disqualified, removed, or otherwise prevented from
bidding on, or completing, a federal, state, or local government project due to a violation
of a law or safety regulation.
Have you ever been disqualified from any government contract?
Yes ❑ No ❑
2. If yes, explain the circumstances:
2. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to
register requires the City to reject your bid as nonresponsive]?
Yes ❑ No ❑
Bidder's Signature
Name (Please Print)
Agreement No. 7600
EXHIBIT E
SIGNATURE OF AUTHORITY
UTILITY LOCATING AND MARKING SERVICES
RFP 23-03
The undersigned firm declares that he has carefully examined the specifications and
read the above terms and conditions, and hereby proposes and agrees, if this RFP
response is accepted, to furnish all material in accordance with the specifications and
instructions, in the time and manner therein prescribed for the unit cost amounts set
forth in the following RFP response.
THE VENDOR IN SUBMITTING THIS RFP RESPONSE MUST FILL IN THE
FOLLOWING INFORMATION. FAILURE TO DO SO MAY DEEM YOUR RFP
RESPONSE AS NON -RESPONSIVE.
_.... _. ........ ......... .............._....m,
COMPANY NAME. ADDRESS:
(STREET, STE #, CITY, STATE, ZIP)
TELEPHONE #.
___ __........._ .... _.. ._......... .._ ..................
EMAIL ADDRESS: WEB ADDRESS:
._. ...... .............
AUTHORIZED REPRESENTATIVE: TITLE:
(PRINT)
..... ....... ... ...........
SIGNATURE: DATE:
Agreement No. 7600
EXHIBIT F
REFERENCES
Company Name:
The following are the names, addresses, and telephone numbers for public agencies
for which BIDDER has performed similar work as the prime Contractor or major
Subcontractor within the past five (5) years:
1. Project Title:
Location:
Name and address of owner
ivame, current telephone number, and email of person familiar with project
Type of Work:
Contract amount: $
Date completed:
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
2. Project Title:
Location:
Name and address of owner
name, current telepnone number, and email of person familiar with project
Type of Work:
Contract amount: $ Date completed:
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
Agreement No. 7600
3. Project Title:
Location:
Name and address of owner
Name, current telephone number, and email of person familiar with project
Type of Work:.
Contract amount: $
Date completed:
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
4. Project Title:
Location:
Name and address of owner
Name, current telephone number, and email of person familiar with project
Type of Work:
Contract amount: $
Date completed;
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
Agreement No. 7600
5. Project Title:
Location:
Name and address of owner
Name, current telephone number, and email of person familiar with project
Type of Work:
Contract amount: Date completed:
Amount of work done by my/our firm under Contract $
Did your firm have any financial interest in Project?
Bidder may attach additional reference pages if necessary.
Agreement No. 7600
APPENDIX A
LOCATION MAP
Agreement No. 7600
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APPENDIX B
2022 USA TICKETS DATA
Agreement No. 7600
City of El Segundo Utility Locating and Marking Services, RFP No. 23-03
Company Name:
Address:
City/State/Zip:
Designated Contact:
Email:
Phone #: Cell Phone #:
Unit Price Item Total
Item Description Estimated (in figures) (in figures)
No. Unit Quanti Dollars/Cents i Dollars/Cents
Locating and Marking Services Year 2022 for each member code* (the total average
monthly tickets received = 100; total average monthly field locates = 20)
*member code = ESO1Fiber, ES01WW
Service Rate to
receive, screen,
dispatch electronic
positive response
back to One Call for
1 Sewer Force Main, month 12
Storm Water Force
Main, and Fiber
Optics Lines
including all tickets
not requiring field
locate
TOTAL BASE AND ITEM 1 IN FIGURES =
TOTAL BASE FOR ITEM 1 WRITTEN IN WORDS:
350 Main Street, El Segundo, CA 90245-3813 (310) 524-2300
Agreement No. 7600
The following is not included in the bid amount but will be used as basis to determine
applicable rates in excess of the bid rate above and outside of normal working hours.
Regular Hours refers to 7:00 am to 5:00 pm; Monday through Friday; requires customer pre -
approval
Additional Field Locates
(over 60 locates per month)
After hours emergency call out:
M
/each
/hour (minimum 2 hours)
350 Main Street, El Segundo, CA 90245-3813 (310) 524-2300
Agreement No. 7600
CITY OF EL SEGUNDO Agreement No. 7600
BID LOG
BID NO. RFP 23-03
City of El Segundo — Public Works
Utility Locating and Marking Services
Date of BID Opening: Tuesday, March 28, 2023
Time of BID Opening: 11:00 AM
Place of BID O ,�nir� Cit Clerk's Office
COMPANY NAMEJADDRE55
1. Psomas
555 South Flower Street, Suite 4300
Los Angeles, CA 90071-2405
Received: 3/23/2023 1:10 PM
2. National Utility Locators, LLC
2010 W Ave K
Lancaster, CA 93536
Received. 3/27/2023 .53 AM
3.
Received.,
4.
Rec * ed:
5.
Received.
6,
Received:
7.
Received:
8.
9
ZReceiv
1,
Received:
Staff Present:
Office
City Clerk's Office
Public Works Representative
FORMSUMOPENLOGI
Agreement No. 7600
Agreement No. 7600
RFP 23-03 - Utility Locating and Marking Services
Proposal Ranking Sheet
AB AE EM AB
Proposer Name ialp�ha
TOTAL Points
NUL
NUL
NUL
P onia
A alllable
35
30
32
30
25
28
20
30
25
25
25
25
25
25
5
;raw t�l
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10
10
10
10
10
TOTALSCORE:
AVERAGE TOTAL SCORE:
100 90 92 93 60
92 72
Agreement No. 7600
AE EM
26
25
25
28
15
18
10
10
76 81
Agreement No. 7600
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