CONTRACT 5650 One Page Service Agreement CLOSED Agreement No. 5650
Seivices, Agreoment
,000 Tft WATERLINE TECHNOLOGMIES"INC i
Belowqu wjlVfinO:a,phipoklist relating to l4urahice andolher requiromonts VI*ate,requited folf 0104'Wilne6s Pith,the 0,ity of Ei
Sdgi(in4Ofil�those Items checked-off 46 MANDATORY,'hoW00 If your standard pollcles:excead the M16IMum requirements please
in6lude, alms
ercl$generali rpeqt�or,qXced tht1 ��the nt di,insorance set forth below w](1 be,�,tomblifted iingle limit per'6&orranca�r I'd I r�bddily,fhjuly,',peiii InjUry,and property
'di for the policy covehage, Liability 0011cles will be endarsed to namejoe,JGL(ly, IWqftIoIaI6,an4-em
d , , i. endor ., 1 11 1 . 11 I I
Insured'el iundbr said,.Insurance overase-an to pI ate that S"ch Inso' 'Ate Will be dee "prini any dthdlfip br
0 ary -suoh that,
Insurance that�spay be carried by'llbo'CAY Will' be cress thereto. Skh'Ihs0ran0e`in6st beonan llacc'u'rfencsi not a
made,"'basis and"hili not be c' '40tic r 0 to thence)010 Of S�qbjgCt�O rPOLICtIon OX00k,14PP" thlrt� (30),ciay� poor wrioqp Cttyi
P1660e Ind addllidnal Taftris,and Cndllforis dri'the'reverse side oflhis,,89rvlce§',A0re6mdnit. This isnota purchase:ostler.6r 6
authorb Prit0*1 work; n.
gorriotehengive.Oewrai LlabjlliyJoclud
ling Coverage f0ptiftis6s,ptodiucts and completed operations,Independbliftbritra
Personal InjUiy'and CoWactu6i obl!§a0dris With c6hibliidd at IqPi),000,'pqr
: rut o°Llsbilityliinclucliin d
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,000 per oacur!empi
M090-'3' 00,000.Per.%b:afio06.,r
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�oflbo Inslittinde: as r.e4ulred by Statb Statutes.: (Not,riedd6d It Sb1Pdffi0I0yi&d Wilk h6ir eis--And
0,ONTRACTOR,s�igns sta(efPent to thip eiiji
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Businesslicen,PC00NTR4CT,0,A ihAlt agree,16 We ti cUrre.6t C-it�'of".91 dbi. nse.., :610 4t olti--� f--,- urews
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said license(it ho tost to the clty ,
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Liar rung oiiah5 must N.approved Md petffilt(s) IsWdd (0166): ft P14hr06g..,4and-BVildin If approodat Call K6
Harmer @(31 0).624-2340'if yoi have" queslio0sr
El toov of valid Ptio)
PLEOE NOTE; ALLOPLICABLE,INFORMAT
,, (ON LSTED ABOVE MUST,014 OOTAINED AND ON TO THE ISSUANCE OF A,CITY
PIJRCHASg ORDER,0,EINO SENT TO YOU (WA FAX OR HARD COPY.) BY THE RISK MANAOMPURCHASING1 AGENT;THus AuTHdR
6'MMENCUENTrOF WORK FOR-THECIM
Submitted biL(gornolote4fil blanks): COPY.REQU .0aACKTOTH t TY
WaterliriaTe6n6lqp6s,Inc, Mo u1A146.x19`11V1
C'MpOny ShStrMdress:
kraal
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714.664.91QD 4-qloo
Vehdor't Email adclr6ssr Vendoes Web'sii
sant
Mail original agreement and:insurancato.,Cityoft[Segundo-!XityClerk 359 MainStreet;Room S'Ef-gaprido
12 '06—S� 1i
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Glly AMVay City Mah4gibr Cil "Cl A
.. . -_..........IT � . A reem 5650
1.GENERALLY. The materials, supplies, ors ((collectively, 'Purchase") officials, and employees. It is expressly understood a d ....� ......._e
..�................................m.en o.
ITITmmIT ITITITservices colic p y and agreed that the
covered by this services agreement and purchaseorder ("order') must be foregoing provisions will survive termination of this order. The requirements as
furnished by Seller subject to all the terms and conditions contained in this order to the types and limits of insurance coverage to be maintained by Seller,and any
which Seller, in accepting this order„agrees to be bound by and comply with in, approval of such insurance by City, are not intended to and will not in any
all particulars. No other terms or conditions are binding upon the parties unless manner limit or qualify the liabilities and obligations otherwise assumed by Seller
subsequently agreed to in writing. Written acceptance or shipment of all or any pursuant to this order, including,without limitation, to the provisions concerning
portion of the Purchase covered by this order constitutes unqualified acceptance indemnification.
of all terms and conditions in this order. The terms of any proposal referred to in 10.WARRANTY. Seller agrees that the Purchase is covered by the most
this order are included and made a part of the order only to the extent it specified favorable commercial warranties the Seller gives to any customer for the same
the Purchase ordered, the price, and the delivery, and then only to the extent or substantially similar supplies or services, or such other more favorable
that such terms are consistent with the terms and conditions of this order. warranties as is specified in this order. Warranties will be effective
2.INSPECTION. The Purchase furnished must be exactly as specified in this notwithstanding any inspection or acceptance of the Purchase by City.
order, free from all defects in Seller's performance, design, workmanship, and 11.ASSIGNMENT. City may assign this order. Except as to any payment due
materials,and,except as otherwise provided,is subject to inspection and test by under this order, Seller may not assign or subcontract the order without City's
City at all times and places. If, before final acceptance, any any Purchase is written approval. Should City give consent, it will not relieve Seller from any
found to be incomplete, or not as specified, City may reject it, require Seller to obligations under this order and any transferee or subcontractor will be
correct it without charge, or require delivery of such Purchase at a reduction in considered Seller's agent.
price that is equitable under the circumstances. If seller is unable or refuses to 12.INSURANCE. Seller must provide the insurance indicated on the face sheet
correct such items within a time deemed reasonable by City,City may terminate of this Services Agreement.
the order in whole or in part. Seller bears all risks as to rejected Purchases and, 13.PERMITS. Seller must procure all necessary permits and licenses,and abide
in addition to any costs for which Seller may become liable to City under other by all federal,state,and local laws,for performing this order,
provisions of this order, must reimburse City for all transportation costs, other 14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as
related costs incurred,or payments to Seller in accordance with the terms of this an independent contraclor and will have control of all work and the manner in
order for unaccepted Purchases, Notwithstanding City's acceptance of any which is it performed. Seller will be free to contract for similar service to be
Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as performed for other employers while under contract with City, Seller is not an
constitute fraud. agent or employee of City and is not entitled'to participate in any pension plan,
3,CHANGES. City may make change's within the general scope of this order in insurance, bonus or similar benefrls City provides for its employees. Any
drawings and specifications for specially manufactured supplies, place of provision in this order that may appear to give City the right to direct Seller as to
delivery, method of shipment or packing of the order by giving notice to Seller the details of doing the work or to exercise a measure of control over the work
and subsequently confirming such changes lin writing, If such changes affect the means that Seller will follow the direction of the City as to end results of the work
cost of or the time required for performance of: this order, an equitable only,
adjustment to the price or delivery or both must be rn'ade'. No change by Seller is 15.WAIVER. City's review or acceptance of, or payment for, work product
allowed without City's written approval, Any claim by Seller for an adjustment prepared by Seller under this order will not be construed to operate as a waiver
under this section must be made in writing within thirty(30)days from the date of 1 of any rights City, may have under this Agreement or of any cause of action
receipt by Seller of notification of such change unless City waives this condition arising from Seller's performance, A waiver by City of any breach of any term,
in writing. Nothing in this section excuses Seller from proceeding with covenant,or condition contained in this order'will not be deemed to be a waiver
performance of the order as changed. of any subsequent breach of the same or any other term,covenant,or condition
4.TERMINATION. City may terminate this order at any time,either verbally or in contained in this order,whether of the same or different character.
writing, with or without cause. Should terminalion occur, City will pay Seller as 16.INTERPRETATION. This Agreement was drafted in,and will be construed in
full performance until such terminalion the unit or pro rata order price for the accordance with the laws of the State of California,and exclusive venue for any
performed and accepted portion of the Purchase. Cily may, provide' writlen action involving this agreement will be in Los Angeles County.
notice of termination for Seller's default if Seller refuses or fails to comply with 17. PREVAILING WAGES. If required by applicable state law including,
this order. If Seller does not cure such failure within a reasonable time period,or without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)),
fails to perform the Purchase within the time specified(or allowed by extension), 1771,1774,1775,and 1776,CONTRACTOR must pay its workers prevailing
Seller will be liable to City for any excess costs incurred by City. wage. It is CONTRACTOR'S responsibility to interpret and implement any
5.TIME EXTENSION. City may extend the time for completion if, in City's sole prevailing wage requirements and CONTRACTOR agrees to pay any 1
determination, Seller was delayed because of causes beyond Seller's control penalty or civil damage resulting from a violation of the prevailing wage
and without Seller's fault or negligence. In the event delay was caused by City, laws. In accordance with Labor Code§1773.2,copies of the prevailing rate
Seller's sole remedy is limited to recovering money actually and necessarily of per diem wages are available upon request from CITY's Engineering
expended by Seller because of the delay„there is no right to recover anticipated Division or the website for State of California Prevailing wage
profit. determination at tato;lJwww.dir,ca.00vlDLSRJP'WD'.A copy of the prevailing rate
6.REMEDIES CUMULATIVE.City's rights and remedies under this order are not of per them wages must be posted at the job site.
exclusive and are in addition to any rights and remedies provided by law. 18. CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR
7.TITLE. Title to materials and supplies purchased under this order pass directly for CONTRACTOR's services not to exceed a total of $20,000.00 (Twenty
from Seller to City upon City's written acceptance following an actual inspection Thousand Dollars) for the work. CITY will pay for work as specified in the
and City"s opportunity to reject. attached Exhibit'A"which is incorporated by reference,
$.PAYME'NT. 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 Exhibit A includes:
unless specified in this order. Drafts will not be honored. Waterline Technologies,Inc. Proposal
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 pur,n�of this section"City includes City's officers,elected .................�I'
2/4/19
Agreement No. 5650
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Agreement No. 5650
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