CONTRACT 5781 One Page Service Agreement CLOSEDAgreement No. 5781
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Services Agreement
CONTRACTOR: ECTI Corp. DATE: 09/1212019
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of EI
-Segundo: - Only Tiose items checked=off are -MANDATORY, h6WOuer if your standard policies e4ceed ft rnlrzMUM requirements please
include. Commercial general liability Insurance must meet or exceed the requirements of ISO.CGL Form No. CC 00 01 11 05 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.
® Comorehensive 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 Liabilitv, 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 EI 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.
❑
Cony of valid oicture l.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 CcomDlete all blanksl: COLOR COPY REQUIRED BACK TO THE CITY
Company Name: By (Print name & title):
ECTI Edward Vasquez, Industrial Svcs Manager
Company Street Address: t�ignature required:
P.O. Box 7318
�
Clty, State, Zip: Date signed:
San Bernardino, CA 92411 09/19/2019
Phone: FAX:
800-664-7773 951-813-4043
Vendor's Email address: Vendor's Web site:
Edvasquez@ecticorp.com www.ecticorp.com
Mail original agreement and insurance to: City of EI Segundo — City Clerk 350 Main Street, Room 5, EI Segundo, CA 90245.3813
Originator/Department Contact: Ron Camobell, Wastewater 8uoervIsor Date initlated: 9112d2019
Department Head Approval: Ken Berkman. Public works Director " " ., Date Approved;
Finance Ap roval _ D to AP
CityAttornrk
1 e City lerk
9/12/19
I.GENERALLY. The materials, supplies, or services (collectively, 'Purobasel
covered by this services agreement and purchase order ('order) must be
furnished by Seller suliject 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 term and conditions in this order. The terms of any proposal referred to in
This. orderare Included.and roade a part of the. order only to, ft extent It specified
the Purchase ordered,, the price, and the delivery, and then only to the extent
that such terms am consistent with, the terms and conditions of this order,
1INSPECTION, The Purchase furnished must be exactly as specified in this
order, free from all defects in Sellers 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 reject 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 Wier 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 specialty manufactured supplies, piece 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 wrifing, 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 rate order price for the
performed and accepted portion of the Purchase. City may provide written
notice of termination for Sellers default If Seller refuses or falls to comply with
this order, If Seller does not cure such failure wilhin a reasonable time period, or
falls to perform the Purchase within the time specified (or allowed by extension),
Wier will be liable to City for any excess costs incurred by Citya
5JIME EXTENSION. City may extend the time for completion If, In City's sole
determination, Seller was delayed because of causes beyond Sellers control
and without Selleestault or negligence, In the event delay was caused by City,
Sellers sole remedy Is limited to recovering money actually and necessarily
expended by Wier because of the delay: there is no right to recover anticipated
profit,
CREMEDIES 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 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.INDEMNIFICAT(ON. Seller agrees to indemnify and hold City harmless from
and against any claim, action, damages, costs (including, without limitation,
attorneys 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 Cily's officers, elected
9112/19
Agreement No. 5781
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 Wier, 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
favom,4�p commercial warranties the Utergives to an customer for the same
y
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.
KASSIGNMENT. 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 Sellers 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 (hat 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.
16.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 righis City may have under this Agreement or of any cause of action
arising from Selfees 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.
I&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 low Including,
without limitation Labor Code §§ 1720 (as amended by AB 075 (20011)),
11771,1774,1776, and 1776, CONTRACTOR must pay Its workers prevalling
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 ht1W/h%w,dir.ca.cdv/DLSR/PWD. A copy of the prevailing rate
of per them wages must be posted at ft job site.
18, CONSIDERATION. As consideration, CITY agrees to pay CONTRACTOR
for CONTRACTOR's services not to exceed a total of $,15,000.00 (Fifteen
Thousand Dollars) for the work per Fiscal Year, CITY will pay for work as
specified in the attached Exhibit 'A,' which is incorporated by reference.
Exhibit A includes:
ECTI Corp. Quote
EXHIBIT A Agreement No. 5781
Cost Estimate
Ron Campbell
City of EI Segundo
Via Email: rcampbell@elsegundo.org
Subject: Wastewater Debris Non Hazardous — City of EI Segundo
Work Description:
August 30, 2019
• Bin Delivery ................... -- .... ............. .... ....... .......... ,..$300..00
• Transportation and Disposal .................................... $1250.00/Per Container
• Bin Rental.................................................................. $15.00/Day
• Recovery Fee............................................................10%
"Analysis from a certified commercial lab may be required prior to disposal of first load.
"The disposal price estimated above may differ from the final disposal price which will be determined upon profiling
and waste verification at time of waste receipt. Material not conforming to the "Generator's Waste Profile" may be
subject to additional charges or rejection. ECTI reserves the right to dispose of material not deemed recyclable or not
conforming to recycling specifications. Pricing estimate is valid for 30 days.
Terms and Conditions: Client will be invoiced at the completion of the services performed. ECTI reserves its rights of
mechanic's liens against the property on which the project is performed and may levy such liens for payments more
than 60 days past due. If the client fails to pay invoices for amounts due, Client agrees to reimburse ECTI for all
reasonable cost of collection, including but not limited to attorney's fees and court costs. ALL QUOTED PRICES FOR
SERVICES OFFERED DO NOT APPLY TO CERTIFIED PAYROLL OR PREVAILING WAGE PROJECTS.
Anorroval and' Acceptance: The undersigned agrees and certifies that he/she is authorized to act on behalf of
Customer, and Customer guarantees by his/her signature to compensate ECTI full for all actual services performed as
described above, which are due and payable 30 days from invoice date. All past due accounts shall accrue interest at
the rate of 1.5% per month. No verbal estimates are valid orenforceable.
Customer Signature
Date
Printed Name
P.O. Box 1318, San Bernardino, CA 92411 • Phone [8001664-1113 • Fax 190918 84-3M