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CONTRACT 5521 On Call Agreement CLOSED Agreement No. 5521 On t;ail Services Agreement SELLER: California Street Lighting DATE MAILED: 5/4/2018 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 ISOI-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth below wilt 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 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 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 Liabilitv, 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. Z Auto Liability,including owned,non-owned and hired vehicles with at least: Z $1,000,000 per occurrence. ❑ 31 00.000-300.000 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 SELLER signs statement to this effect.) Business,License:,The SELLER agrees to have a current City of El Segundo license on file at City Hall or purchase said license (at no cost to the City). EJ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the Planning Manager @(310)5242340 if you have questions. ❑ qor)v of valid picture I,D, (Drivers license etc.) PLEASE NOTE*ALL APPLICABLE INSURANCE AND OTHER REQUIREMENTS 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 MANAGER/PURCHASING AGENT,THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Submitted bv(comotete all blanks): Company Name("Seller"): By(Print name&title): Califomia Street Lighting ,No 1- A iI "�` '�Njuth i 'u Company Street Address: Ind J di Signature aired: 3200 Guasti Road,Suite 100 , 5..._ City,State,Zip: Date signed: Ontario,CA 91761 15-�_ - Phone: FAX:10'9 -- 45-6 -456-1424 909 Vendor's Email address: Vendor's Web site: abImiastreefthting.us Mail original agreement and insurance to:City of,EJ§egugdo,-City Clerk 350 Main Street,Room 5,El Segundo,CA 90245-3813 �1` " ,11, r 6,r Date initiated: 5 /7/111; Odginator/DepartmentConlact,--,a""- -1, " Department Head Approv=L Publied,c Works Director Date Approv ­ -- I f _� _11<I I VIA? 1nsufk9qeApproval�: Date�ppr < p�ed,� /A City Attorney City Manager City°Clerlx,,� M California Street Lighting Agreement No. 5521 1,GENERALLY. The materials, supplies, or services(collectively,"Purchase') 10.1NDEMNIFICATION. Seller agrees to indemnify and hold City harmless from covered by this Services Agreement('Agreement")must be furnished 4 Seller and against any claim, action, damages, costs (including, without limitation, subject to all the terms and conditions contained in this Agreement which Setter, attorney's fees), injuries, or liability, arising out of 'the Purchase or the in accepting this Agreement, agrees to be bound by and comply with in all Agreement,or lheir performance, Should City be named in any suit,or should particulars, No other terms or conditions are binding upon the parties,unless any claim be brought against it by suit or otherwise, whether the same be subsequently agreed to in writing. Mitten acceptance or shipirrent of all or any groundless or not, arising out of the Purchase or Agreement, or their portion of the Purchase covered by this Agreement constitutes unqualified performance, Seller will defend City (at City"s request and with counsel acceptance of all!terms and conditions in this Agreement, The terms of any satisfactory to City)and indemnify City for any judgmeng rendered against it or proposal referred to in this Agreement are included and made a part of the any sums paid out in settlement or otherwise.For purposes of this section'City* Agreement only to the extent It specified the Purchase ordered,the price,and includes City's officers, elected officials, and employees. It is expressly the delivery,,and then only to the extent that such terms are consistent with the understood and agreed that the foregoing provisions will survive termination of terms and conditions of this Agreement, this Agreement, 'The requirements as to the types and limits of Insurance 1CONSIDERATION. As consideration, City agrees to pay Seller for City's coverage to be maintained by Seller, and any approval of such insurance by services,not to exceed a total of$5,0'0O'.00(Five-Thousand Doltars)for the work,. City,are not intended to and wilt not in any manner limit or quality the liabilities City will pay for work as specified in the attached Exhibit 'A,' which is and obligations, otherwise assumed by Seller pursuant to this Agreement, incorporated by reference. including,without limitation,to the provisions concerning indemnification. 3JNSPECTION, The Purchase furnished must be exactly as specified in this KWARRANTY. Seller agrees that the Purchase is covered by the most Agreement,free from all defects in Seller's performance,design;,workmanship, favorable commercial warranties the Seller gives to any cuslomer for the same and materials,and,except as otherwise provided, is subject to inspection and or substantially similar supplies or services, or such other rnore favorable test by City at all times and places. it, before final acceptance, any any warranties as is specified in this Agreement. Warranties will be effective Purchase is found to be incomplete, or not as specified, City may reject it, notwithstanding any inspection or acceptance of the Purchase by City, require Seller to correct it without charge,or require delivery of such Purchase at I2.A6$IGNMENT,City may assign this Agreement, Except as to any payment a reduclico In price that is equitable under the circumstances, If seller is unable due under this Agreement,Seller may not assign of subcontract the Agreement or refuses to correct such items within a time deemed reasonable by City.City without City's written approval Should City give consent,it wilt not relieve Seller miay terminate the Agreement In whole or in part Setter bears all risks as to Rom!any obligations under this Agreement and any transferee or subcontractor rejected Purchases and, in addition to any costs for which Seller may become will be considered Seller's agent, liable to City under other provisions of this Agreement,must reimburse City for 13,tNSURANCE. Seller must provide the insurance indicated on the face sheet all transportation costs, other related costs Incurred, or payments to Seller In ol this Services Agreement accordance with the terms of this Agreement for unaccepted Purchases, 14,PERMITS. Setter must procure all necessary permits and licenses,and abide Notwithstanding City's acceptance of any Purchase, Seger is liable for talent by all federal,state,and Imt laws,for performing this Agreement, defects,fraud,or such gross mistakes as consli(ute frakid. 15ANDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as 4,CHANGES- City may make changes within the general scope of this an independent contractor and will have control of all work and the manner in Agreement in drawings and specifications for specialty manufactured supplies, which is it performed. Seller will be free to contract for similar service to be 1 place of delivery,method of shipment or packing of the order by giving notice to performed for other employers white under contract with City. Seller is not an Setter and subsequently confirming such changes in writing. If such changes agent or employee of City and is not entitled'to participate in any pension plan, affect the cost of or the time required for performance of this Agreement, an insurance, bonus or similar benefits City provides for its employees. Any equitable adjustment in the price or delivery or both must be made. No change provision in this Agreement that may appear to give City the right to direct Seller by,Seller is allowed without City's written approval. Any claim by Setter for an as to the details of doing the work or to exercise a measure of control over the i adjustment under this section must be made in writing within thirty (30) days work means that Setter will follow the direction of the City as to end results of the from the date of receipt by Seller of nafification of such change unless City work only- wahies this condition in writing. Nothing in this section excuses Seller from KWAIVER. City's review or acceptance of, or payment,for, work product proceeding with performance of the order as changed, prepared by Seller under this Agreement will not be construed to operate as a 5. TERMINATION. City may terminate this Agreement at any time, either waiver of any rights City may have under this Agreement or of any cause of verbally or in,writing,wrlh or without cause.Should termination occur, City will action arising from Seller's performance, A waiver by City of any breach of any pay Seller as fult performance until such termination,the unit or pro rate order lerm,covenant,or condition contained in this Agreement will'not be deemed to price for the performed and accepted portion of the Purchase. City may provide be a waiver of any subsequent breach of the same or any other term,covenant, written,notice of termination for Seller's default if Seller refuses or fails to comply or condition contained in this Agreement, whether of the same or different with,this Agreement, if Safler does not core such failure within a reasonable time character period,or fails to perform the Purchase within the lime specified(or allowed by 117.1NITERPRETATION. This Agreement was drafted in,and will be construed in extension),Seller will be liable to City for any excess costs incurred by City. accordance with the laws of the State of California,and exclusive venue for,any &TIME EXTENSION. City may,extend Itie time for completion it,in City's,sole action Involving this agreement will be in Los Angeles County, determination, Setter was delayed because of causes beyond Seller's control 18,PREVAILING WAGES. If required by applicable state law including,without and without Seller's fault or negligence. In the event delay was caused by City, limitation Labor Code§§ 1720(as amended by AB 975(2001)), 1771, 1774, Seller's sole remedy is limited to recovering money actually and necessarily 1775,and'1776,SELLER must pay its workers prevailing wage, R is SELLER'S expended by Seller because of the delay;there is,no right to recover anticipated responsibility to interpret ands implement any prevailing wage requirements and profit. SELLER agrees to pay any penalty or civil damage resulting from a violation of § 7.REMEDIES CUMULATIVE.City's rights and remedies under this Agreement the prevailing wage laws. In accordance with Labor Code1773.2,copies of are!not exclusive and are in addition to any rights and remedies provided by,law the prevailing rate of per diem wages are available upon request from City's 8,TITLE, Title to materials and suppties,purchased under this Agreement pass Engineering Division or the website for State of California Prevailing wage directly from Seller to City pond City's written acceptance following an actual determination at hlln P-op--fir oRTii,00 1.A copy of the prevailing rate inspection and City's opportunreject. of per diem wages must be posted at the job:0e.L 9,PAYMENT. City will pay Seller after receiving acceptable Invoices for materials and supplies delivered and accepted or senices tendered and Materials,supplies or services to include: accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this Agreement. Drafts will not be honored. Refer to attached Exhibit W California Street Lighting Agreement No. 5521 EXHIBIT A CITY OF EL SEGUNDO-OWNED STREET LIGHTS GENERAL CONDITIONS 1. Contractor will provide on-call and/or scheduled street light repair,replace, and maintenance services on City- owned street lights. 2. All mobilization/demobilization, labor, activities, and materials to do the work and repair, replace,or maintenance the existing street lights will be included as part of the proposal cost. 3. The work is warrantied for one year after repairs are made, SPECIFIC SCOPE 1. Remove and dispose all materials to be replaced, 2. Repair, replace,or maintain the existing street lights including the street lights poles and foundations if necessary. 3. Contractor is to be registered in accordance with Labor Godes 1725.5, 1771.1 and 1771.4(813 854) California Street Lighting ........... Agreement No. 5521 EXHIBIT A CALIFORNIA STREET LIGHTING 3200 GUASTI ROAD SUITE 100 ONTARIO, CA 91761 OFFICE:(909)456-1424 CELL:(760)887-7775 State License 1034194 C-10 COMPANY/AGENCY El Segundo STREET ADDRESS 350 Main Street CITY,STATE,ZIP El Segundo,CA 90245-3813 TELEPHONE 310.524.2364 FAX CONTACT Orlando Rodriguez(310)524-2252/Email:orodriauez@elsegundo.org :lOB 'NAM! Street lights serv'ice's PROPOSAL DATE 4/24/2018 JOB ADDRESS Various Locations JOB CITY,STATE,ZIP El Segundo,California SCOPE OF WORK PROPOSED California Street Lighting will provide a schedule Electrical Services on the street lights own by city,this will be perform using a Bucket 'truck,trallic control by the watch manual including,arrow board it"necessary and two Person cr'ov, The material remove will be disposed according to local,county,state,and/or federal requirements. Remove and replace HPS lightbulb and photo cell$250.00 each Remove and replace HPS fixture included lamp and photocell$570.00 each Normal business hours will be Monday to Friday from 8:00 A.M.to 3:00 P.M. For car hit poles we will use a Crane Truck to remove the old poles from the street,and traffic control by the watch manual,two persons minimum crew. Pick up car hit pole and dispose,brake concrete 30"x 30"and prepare foundation for new pole. Install pole,arm and fixture provided by city,concrete cap and splice wires,$2.900.00 If new foundation is needed price will be increase$1,800.00 and we will remove and replace foundation. Total cost$4„700.00 The above prices,specification and conditions are satisfactory and are hereby accepted.You are authorized to do work as specified. Authorized by(Name/Title): Date Accepted: ELSegundo street lighting services.Quote 4164