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CONTRACT 4788 One Page Service Agreement CLOSEDCONTRACTOR: GCLDEN METER SERVICE, INC. Services ,agreement DATE MAILED: 10/15/14 Agreement No. 4788 Below you will find a checklist relating to Insurance and other requiremenls that are required for doing business 'ovith 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. Corn rehensive General Liabill 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 Stale 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 @ (31 O) 524 -2340 if you have questions. ❑ Copy of valid picture I.Q. (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. azbmi t d by p lete all blanks),: COLOP COPY REQUIRED BACK TO THE Ci °Y Company Name: GOLDEN METER SERVICE, INC. By (Print name & title):: ° 1vt U I "tl (f: I_ M (A d li Company Street Address: Venrior's Attthorledlinattlr lobed: 14812 Hunter Lane EE, :- City, State, Zip. Midway City, CA 92655 Date signed: j 1 Phone,, 714.45 address: 714 - 929.3103 Vendor's Web site: Mail original agreement and insurance to: Cityof El Segundo -. City Clark k 3' Criyit:a °u'" aa�,rM nt vcntact• �6h��i1E Tl��t�"�r� ._�, Dep- nnnienl heir, Ap . T�PXAIIEIE KATSOU1, 5 cc: sir i s t e er, jl�,Clerlr Pumbasing Agent; R.,qACITV� pt. n e �d � CITY ATTORWiY / AGE l M a.) Room 5, El Segundo, CA 90245 -3813 dale initialed: Dale Approved: Date Approvel: i i5/n' 1.13ENERALM The materials, supplies, or selwt e ePat l hse cowered by this services agreement and Purchase order ('crder) must furnished by Seller subject to all the terms and conditions contained in this ore which Sailer,, in accepting this order, agrees to be bound by and comply wilh I all particulars. No other farms or conddllons are binding, upon ilia parties unl subsequently agreed to in wdling. Milan MCaplance of shlpmenl of all or an portion of the Purchase covered by this ciderCOnsfilutea unqualified accoplanc Of ell terms and condillons to lids order. Tha terms of any proposal referred to I this order are Included acrd made a Part of the order unly to tire, exlent it specifte the purchase ordered, the Price, and Clio delivery, and then only to the oxio that such terms are consistorrtwrith the Ielf S and conditions of this order,. UNSP CTION, The purchase furnished must be exactly a$ specified "n Ohl order, free from all datacts in $allot's Performance, design, workmanshlPw an materials, and, except as otherwise provided, Is subject to inspection arid test b City at all lfine$ and places, It, oelCre final ac plance,, any any Purchase is found to be inc Pteta,' Or not As speo"I'6� City may reject It, foquiro Seiler l cOffect it wilhOut charge, or require delivery of such Purchase at a reduction i price Iti is equitable under the circums'toncos If scilar is unable Or refuses t correct such items within a time deerrad reasonable by City, City may terminate the order In whole or In part, Sler 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, most reimburse City for all transportation costs, other related costs Incurred, or payments to Seller in accordance with the terms of this order lot unaccepted Purchases. Nolwwilhstanding City's acceptance of any Purchase, Setter Is liable for talent detects, fraud, or such gross mistakes as constitute fraud. 3,CHANGES, City may make changes within the ,general scope of this older In drawrings and sPaotflcaltOns for specially manufactured suppttes„ peace of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. dI such arranges affect the cost of or the lime required far performance of this order, an aquhable adjustment in the price or delivery or both must be made, No change by Seller is a`lo%ved without City's written approval. Any claim by Seller for an adjustment undet this seolfon must be made to wrong within lhi;ly (30) days from the date of receipt by Seller, of notification of such change unless City waives this condition In willing, Nothing in this s'ectidn e�ncuses Selzer from proceeding with. perlortranco of the order as changed. a. TERMINATION. City may terminate this order at any lime, either votbelty or in writing, with or Without cause. Should termination occur, City will pay Seller as full Performance until such termination the unit or pro rala order price for the pedarrrred and accepted portion of the Purchase, City may provide w, ^mien notice of termination for Setter's default if Sealer refuse's or fails to comply with this order. If Seller does not cure such fadture wdlhin a reasonable lime period, cr Ws to perform the Purchase within the time s'peciffe (or alloi.ved by extension), Seller will be liable to City for any excess ousts incurred by Cilyw 5.TIME EXTENSION. City may emend the time for completion ir, •n City's sorn delem Ination, Seller vi delayed because of causes beyond Sellers nuot and %vithoul Setters fault a. neglga'nca. In the event delay was caused by Clly, Setters sole remedy Is fimiled to recovering money actually and necessarily expended by Seller because of the delay, there is no dg hl to recover anlicipated prat. S.REfitEOIES CUMULATIVE, City's rights and remedies under this order are not exclusive and are In addition to any r�ghts and remedies proviced by lawv, 7XITLE. Title to materia s and supplies purchased under thus order pass directly (roan Setter to City upon CRY'S will ":en acceptance followwring an actual dnsoectfon and City's opportunity, to reject. &PAYMENT. City will pay Sear after receiving ar ep:able invoices for materials and supplies delivered Arid accepted' or services rendered arrd accepted. City will not Pay cartage, shipping, packaging or boxing expanses unless specified In this order, Drafts will not be honored, Agreement No. 4788 f 8 I,ti4awd�rfirfn" UAl IUM better agrees' to indemnify and hold City hamiless from as I and against any dam, action, damages, Costs (including, %wlhaut Idmilallon, ar ' attorney's Neal, injuries, of Malloy, afWng out of the Purchase ar the order„ or A their performance. Should City be named In any sulfa or should any claim be s oraught against it by suit or olheNvise, whether the same be groundless or not, y arising out Of the Purchase air order, of thdr performance, Sotlery tli defend City e i (al, City's request and wrilh counsel satisfactory to City) and indemnify Ctty fat n any judgment rendered agalrM it or any sums paid out In selvement or d Uter«vise, For purposes of this section "City` illcdw,das Cily's cficets, elected nI officials, and employars,. It Is oxprossly understood and agreed that the fotegcing pfovislons vrlll survive larminatfon of this ordw, Thai requirements as s iO the types acid Mods of insurance coverage to mainlained by Seller, and arty d apPTO4 of such Insurance by Cily, are not intended to and rill not in any y manner, limit or quality Inc liabililles and obligations olherwt�se assumed by Seller s pursuant to this order, Incfud' g„ w Ahout lirmitailce, to the proves'ons concerning o Indemnification, n 10MARRANTY, Satter agrees that the Purchase Is covered by the most o favorable commercial warranties the Seller givas to any cuslomer for the some e or subslanliatly similar supplies or servfcas, or such other mote favorable wwarranldes as Is spe-. f fi in this order. warranties ww1 be effeclive noNvilhslanding any inspocl "son or acceptance of the Purchase by Cily. MASSIGNfr1ENT. City may assign this Order, Excepl as to any payment due under this order, 'Seller may nog assign of subcontract ilia order wilhout Cdly "s writian approval, Should City give consent, It will not folievo Seller from any obligations under this order and any transferee or subcontiector will be considered Seder's a'gonl. QJNSURANCE. Setter mast provide Irve insurance in;l a ed on the fade sheet of this Services Agreement, U.PERI'M Seller must prccuro all necessary permits and Ifceasas, and abide by al federat, state, and lccal law, s, °Or performing this crow, 14,I OVENOENT CONTRACTOR. City and Seller agree Ihal Seler wilt ad as an independent contractor and will have conlrol of all % %cr'k and the manner in which is it perfcmed. Seller vrll be free to contract for similar service to be perfomned for other employers while under contract wwih 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 delals of doing the %vOrk or to exercise a measure of control over the work means Thal Seller will follonv the direction of the Cily as to end resulls of the ►work only. 15MAIVER. City's review or acceptance ol, or payment for, yore 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 Sellet'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. MINTERPRETATION. This Agreement was drafted in, and will to construed in accordance with the la ►vs of the Stale of California, and exclusiva venue for any act °On involving this agreement wit be in Los Angeles County. die PREVAILING WAGES. if required by applicable state law includin% without Urnitallon Labor Code §§ 1720 (as amended by AS 575 (2001)),17 71,1774, 1775, and 1776, CONTRACT OR must pay its workers prevailing wages, It Is CONTRACTOR's responsibility to inlerprel and implement any prevailing wage requirements aid CONTRACTOR egrees to Pay arty penalty or civil damages resulting from a violation of the Prevailing wage laws. In accordance%vA Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available ur,n request from CITY'S' Engineering Oivisiem or the wabsie for State of California Prevailing wage determination at h 'iAwAv.dir,da. ,5MQ WD. A. copy of the prevailing rate of per diem vrages mtrsf be (tested at the job site. 1a'. CONSIDERATION, As oonsideratiorr, CITY agrees to pay CONTRACTOR for CONTRACTOR's 'services not to exceed a total of S5,0cp (Five Thousand Darla Is) per year for the wort, CITY %i pay lot wvortr on the basis of the hourly rates and cost reimbursement rates as specibed in The attached brtatbit "A." whi; h is incorporated by reference. Hoiden Meter Se&rI ; EXHIBIT A - Page 1 of 2 Golden Meters Semite Inc. 14812 Hunter Lone L'yIidmy City,CA 92655 =Rhone # 714 -450 -5929 GoldeniVletersService@gmnil.com Agreement No. 4788 10/7/'014 184Q EXHIBIT A - PAGE 2 of 2 M 0 Agreement No. 4788 z M z M T 3 r. a� z T T O 0 r r O O 00 z z W N(A) O o N A °o °o O M ► c r a m o z Z la z o z 00 c M 3 a M C4 y 3 a z c a n c z M M � N N m N � � p oNi a Z W M D r z C W M M