CONTRACT 4682 One Page Service Agreement CLOSED Agreement No. 4682
Services Agreement
CONTRACTOR: BACKFLOW TESTING & MAINTENANCE CO. DATE MAILED: 06109/2014
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 00 01 11 85 or
88. 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 General Liability, 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.
❑ $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' Compensation Insurance: as required by State Statutes. (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.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 (VIA FAX OR HARD COPY) BY THE RISK MANAGERIPURCHASING AGENT, THUS AUTHORIZING
COMMENCEMENT OF WORK FOR THE CITY.
Submitted by(complete all blanks): COLOR COPY ;:tEOLOFZ D BACK TO Tlll:.i:CITY
Company Name: By(Print name&title):
BACKFLOW TESTING&MAINTENANCE CO. CLARK E.WELLS,OWNER
Company Street Address: Ven s th gtuir
PO BOX 545
City,State,Tip: to signed:
HERMOSA BEACH,CA 90254
Phone: FAX:
310-316-1717 310-374-4214
Vendors Email address: Vendors Web site:
Mail City Segundo City Clerk 350 Main Street,Room 5,El Segundo,CA 902,4 3013
ONinato#Depa�rtme t Contact: JAMuS TURNER to: o un o— Date initiated:
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aACKFLOWTESTIING MAINTENANCE.AGREEMENT w "" � Ji411'4
Agreement No. 4682
1.GENERALLY, The materials, supplies,, or services (collectively, "Purchase') Seller agrees to indemnify uu .._. _
pP ( Y ) g y and hold City harmless from
covered by this services agreement and purchase order ("order") must be and against any claim, action, damages, costs (including, without limitation,
furnished by Seller subject to all the terms and conditions contained in this order attorney's fees)„ injuries, or liability„arising out of the Purchase or the order,or
which Seller,in accepting,this order; agrees to be bound by and comply with In their performance. Should City be named in any suit, or should any claim be
all particulars. No other terms or conditions are binding,upon the parties unless brought against it by suit or otherwise,whether the same be groundless or not,
subsequently agreed to in writing. Written acceptance or shipment of all or any arising out of the Purchase or order,or their performance,Seller will defend City
portion of the Purchase covered by this order constitutes unqualified acceptance (at City's request and with counsel satisfactory to City) and Indemnify City for
of all terms and conditions in this order. The terms of any proposal referred to In any judgment rendered against at or any sums paid out in settlement or
this order are included and made a part of the order only to the extent it specified otherwise. For purposes of this section "City" Includes City's officers„ elected
the Purchase ordered, the price„ and the delivery, and then only to the extent officials, and employees. It is expressly understood and agreed that the
that such terms are consistent with the terms and conditions of this order, foregoing'provisions will survive termination of this order, The requirements as
2.1NSPCTION. The Purchase furnished must be exactly as specified in this to the types and limits of insurance coverage to be maintained by Seller,and any
order„ free from all defects in Sellers performance, design, workmanship, and approval of such insurance by City, are not intended' to and will not In any
materials,and,except as otherwise provided,is subject to inspection and test by manner limit or qualify the liabilities and obligations otherwise assumed by Seller
City at all times and places. If, before final acceptance, any any Purchase is pursuant to this order, including,without limitation, to the provisions concerning
found to be Incomplete,, or not as specified„ City may reject it, require Seller to indemnification,
correct it without charge, or require delivery of such Purchase at a reduction in 10.WARRANTY. Seller agrees that the Purchase is covered by the most
price that is equitable under the circumstances. If seller is unable or refuses to favorable commercial warranties the Seller gives to any customer for the same
correct such items within a time deemed reasonable by City,City may terminate or substantially similar supplies or services, or such other more favorable
the order in whole or In part, Seller bears all risks as to rejected Purchases and, warranties as is specified in this order. Warranties will be effective
in addition to any costs for which Seller may become liable to City under other notwithstanding any inspection or acceptance of the Purchase by Clty.
provisions of this order, must reimburse City for all transportation costs„ other %ASSIGNMENT, City may assign this order. Except as to any payment due
related costs incurred,or payments to Seller in accordance with the terms of this under this order, Seller may not assign or subcontract the order without City's
order for unaccepted Purchases. Notwithstanding City's acceptance of any written approval, Should City give consent, it will not relieve Seller from any
Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as obligations under this order and any, transferee or subcontractor will be
constitute fraud. considered Seller's agent.
3.CHANGES. City may snake changes within the general scope of this order in 12JNSURANCE. Seller must provide the insurance indicated on the face sheet
drawings and specifications for specially manufactured supplies, place of of this Services Agreement.
delivery, method of shipment or packing of the order by giving notice to Seller 13.PERMITS, Seller must procure all necessary permits and licenses,and abide
and subsequently confirming such changes in writing, If such changes affect the ' by all federal,state,and local laws,for performing this order,
cost of or the time required for performance of this order„ an equitable 14.1NDEPEN.DENT CONTRACTOR„ City and Seller agree that Seller will act as
adjustment in the price or delivery or both must be made, No change by Seller is an independent contractor and will have control of all work and the manner in
allowed without City's written approval, Any claim by Seller for an adjustment which is it performed. Seller will be free to contract for similar service to be
sunder this section must be made in writing within thirty(30)days from the date of performed for other employers while under contract with City, Seller is not an
receipt by Seller of notification of such change unless City waives this condition agent or employee of City and is not entitled to participate in any pension plan,
in writing. Nothing in this section excuses Seller from proceeding with Insurance, bonus or similar benefits City provides for its employees. Any
performance of the order as changed. provision in this order that may appear to give City the right to direct Seller as to
4.TERMINATION, City may terminate this order at any tissue,either verbally or in the details of doing tyre work or to exercise a measure of control over the work
writing,with or without cause, Should termination occur, City will pay Seller as means that Seller will follow the direction of the City as to end results of the work
full performance until such termination the unit or pro rata order price for the only.
performed and accepted portion of the Purchase, City may provide written IS.WAIVER, City's review or acceptance of, or payment for, work product
notice of termination for Seller's default if Seller refuses or falls to comply with prepared by Seller under this order will not be construed to operate as a waiver
this order. If Seller does not cure such failure within a reasonable time period,or of any rights City may have under this Agreement or of any cause of action
fails to perform the Purchase within the time specified(or allowed by extension),, arising from Seller's performance, A waiver by City of any breach of any term,.
Seller will be liable to City for any excess costs incurred by City, covenant„or condition contained in this order will not be deemed to be a waiver
5.TIME EXTENSION, City may extend the time for completion if,in City's sole of any subsequent breach of the same or any other term,covenant,or condition
determination, Seller was delayed because of causes beyond ,Seller's control contained in this order,whether of the same or different character.
and without Seller's fault or negligence. In the event delay was caused by City, %INTERPRETATION. This Agreement was drafted in,and will be construed in
Seller's sole remedy is limited to recovering money actually and necessarily accordance with the laws of the State of California,and exclusive venue for any
expended by Seller because of the delay;there is no right to recover anticipated action involving this agreement will be in Los Angeles County,
profit. 17, PREVAILING WAGES. If required by applicable state law'including,without.
6.REMEDIES CUMULATIVE.City's rights and remedies under this order are not limitation Labor Code§§ 1720(as amended by AB 975(20f11)),'1771,1774,.
exclusive and are in addition to any rights and remedies provided by law, 1775,and 1775,CONTRACTOR.must pay Its workers prevailing wages. It is
7JITLE, Title to materials and supplies purchased under this order pass directly CONTRACTOR's responsibility to interpret and'implement any prevailing wage
from Seller to City upon City's written acceptance following an actual inspection requirements and CONTRACTOR agrees to pay any penalty or civil damages
and City's opportunity to reject. resulting,from a violation of the prevailing wage laws, In accordance with Labor
&PAYMENT. City will pay Seller after receiving acceptable invoices for Code§1773,2,copies of the prevailing rate of per diem wages are available
materials and supplies delivered and accepted or services rendered and upon request from CITY's Engineering Division or the website for State of
accepted. City will not pay cartage, shipping, packaging or boxing expenses California Prevailing wage determination at hllp//www.dir c , ow_go iDL NPWD A
unless specified in this order. Drafts will not be honored, copy of the prevailing rate of per diem wages must be posted at the job site,
%CONSIDERATION,As consideration,CITY agrees to pay CONTRACTOR
for CONTRACTOR's services not to exceed a total of$5,000(Five Thousand
Dollars)per year for the work.CITY will pay for work on the basis of the hourly
rates and cost reimbursement rates as specified in the attached Exhibit"A„"'
which is incorporated by reference
One-Page Services Agreement with check boxes.doc 8/28/14
Agreement No. 4682
EXHIBIT A- Page 1 of 5
6o) -
P.O.BOX 545 • HERMOSA BEACH,CALIFORNIA 90254
(310)316.1717 • FAX(310)3744214
CITY OF EL SEGUNDO
ATTN: LUCY - WATER DEPT.
400 LOMITA.ST.
EL SEGUNDO CA 90245
JUNE 3rd., 2014.
BACKFLOW TESTING & MAINTENANCE COMPANY would like to submit the
following rates.
TESTING: $ 50.00 per device for testing.
MAINTENANCE: Quotes for repair will be submitted to you for
your approval.
Our standard labor charge is $ 75.00 per hour
plus parts and materials.
TERMS, Net 30 days.
If you have any questions, please do not hesitate to call.
Sincerely
Clark E. Wells.
BACKFLOW TESTING & NAINT. Co.
SPEC�AULNG is IE31ING a HAINEERANCE Of BAC=ILOW PROTEC:wE BEVICE3 - CNECC VALVES -VACUUU BREAKERS'
Agreement No. 4682
EXHIBIT A- Page 2 of 5
City of El Segundo Backflow Testing, Maintenance and/or Repair
Scope of Work for Fiscal Year 2014
Location: The City of El Segundo's Backflow Devices are located
throughout the City. See the attached list for each location
and device detail.
Purpose: Backflow devices must be tested annually to protect the
City's water supply and the Public from possible cross
connection hazards. This test carries the approval of LA
County Department of Health Services.
Scope of Work: Test each backflow device that the city owns on an annual
basis. The testing method will depend on the type of
backflow device at each location. The backflow device must
pass the test. If the backflow device fails, it will need to be
repaired. The City has 61 devices to be tested.
All backflow test reports must be submitted to the City of El
Segundo's Water Purveyor and the Los Angeles County
Department of Health Services annually.
Agreement No. 4682
EXHIBIT A- Page 3 of 5
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Agreement No. 4682
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