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Musco Sports Lighting A2017-230October 27, 2017 Musco Sports Lighting, LLC Attn: Troy Shiling 100 1 st Avenue West Oskaloosa, IA 52577 RE: Extension of Termination Date for Agreement A2017-230 Replace Musco Lights at Grand Avenue Park - 23 Outages Dear Mr. Shiling, 14000 City Center Drive Chino Hills, CA 91709 (909) 364-2600 www. d��- N On October 27, 2017 the City Manager of the City of Chino Hills authorized execution of Agreement No. A2017-230, with Musco Sports Lighting. LLC for the replacement of Musco lights at Grand Avenue Park, due to 23 outages. This letter serves as notification that the termination date has been extended until December 30, 2017. All other provisions of the agreement remain in effect. Should you have any questions regarding this notification, please contact Mary Grunder at (909) 364-2816. Sincerely, Konradt Bartlam City Manager cc: City Clerk's Office Finance Department Public Works Department C16 caawd- - Art Bennett ■ Brian Johsz ■ Ray Marquez ■ Cynthia Moran ■ Peter J. Rogers A2017-230 Services Agreement Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of Chino Hills. 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. Workers' Compensation policies shall waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. 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 Contract 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. The City of Chino Hills is to be listed as an additionally insured party. ® 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 including Waiver of Subrogation. (Not needed if Self-employed with no employees and CONTRACTOR signs statement to this effect.) ® Business License: The SERVICE PROVIDER shall agree to have a current City of Chino Hills license on file at City Hall or purchase said license (at no cost to the City). ® Scope of Services and/or Compensation Attachments ❑ Total Annual Compensation Not -to -Exceed: ® Total Contract Compensation Not -to -Exceed: $7,865.38 ® Expiration Date: November 1, 2017 PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY CONTRACT BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE CONTRACT COMPLIANCE OFFICER, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY. Company Name: By (Print name & title): Musco Sports Lighting Troy Shilling Company Street Address: City, State, Zip: 1001 st Avenue West Oskaloosa, IA 52577 Phone: E -Mail Address: (800)825-6020 troy.shilling@musco.com Mail two copies of the original agreement along with proof of insurance to: City of Chino Hills - City Clerk,14000 City Center Drive, Chino Hills, CA 91709 Originator/Department Contact: yt r r /� Date initiated: Vendor's Authorized Signature: Date signed: bi Contract Compliance Approval: Department Director/City Manager Date Approved: I a 1 - ( Date Approved: 1,GENERALLY. The services ( "Contract") covered by this services agreement must be furnished by Contractor subject to all the terms and conditions contained in this contract which Contractor, in accepting this contract, 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 of all or any portion of the Contract covered by this contract constitutes unqualified acceptance of all terms and conditions in this contract. The terms of any proposal referred to in this contract are included and made a part of the contract only to the extent it specified the Contract, the price, and the delivery, and then only to the extent that such terms are consistent with the terms and conditions of this contract. 2.CHANGES. City may make changes within the general scope of this contract by giving notice to Contractor and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this contract, an equitable adjustment in the price or delivery or both must be made. No change by Contractor is allowed without City's written approval. Any claim by Contractor for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Contractor of notification of such change unless City waives this condition in writing. Nothing in this section excuses Contractor from proceeding with performance of the contract as changed. 3. TERMINATION. This agreement will terminate on the date noted unless extended in advance and in writing by the City Manager or Department Director, as applicable. City or Contractor may terminate this contract at any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Contractor as full performance until such termination the unit or pro rata contract price for the performed and accepted portion of the Contract. City may provide written notice of termination for. Contractor's default if Contractor refuses or fails to comply with this contract, If Contractor does not cure such failure within a reasonable time period, or fails to perform the Contract within the time specified (or allowed by extension), Contractor will be liable to City for any excess costs incurred by City. 4, TIME EXTENSION. City may extend the time for completion if, in City's sole determination, Contractor was delayed because of causes beyond Contractor's control and without Contractor's fault or negligence. In the event delay was caused by City, Contractor's sole remedy is limited to recovering money actually and necessarily expended by Contractor because of the delay; there is no right to recover anticipated profit. &REMEDIES CUMULATIVE. City's rights and remedies under this contract are not exclusive and are in addition to any rights and remedies provided by law. 6.PAYMENT. City will pay Contractor after receiving acceptable invoices for services rendered and accepted. Drafts will not be honored. Z.INDEMNIFICATION. Contractor 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 Contract, or their performance, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City, 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 Contract or their performance, Contractor 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 City's officers, elected officials, and employees. It is expressly understood and agreed that the foregoing provisions will survive termination of this contract. The requirements as to the types and limits of insurance coverage to be maintained by Contractor, 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 Contractor pursuant to this contract, including, without limitation, to the provisions concerning indemnification. &WARRANTY. Contractor agrees that the Contract is covered by the most favorable commercial warranties the Contractor gives to any customer for the same or substantially similar services, or such other more favorable warranties as is specified in this contract, Warranties will be effective notwithstanding any inspection or acceptance of the Contract by City. 9.ASSIGNMENT. City may assign this contract. Except as to'any payment due under this contract, Contractor may not assign or subcontract the contract without City's written approval. Should City give consent, it will not relieve Contractor from any obligations under this contract and any transferee or subcontractor will be considered Contractor's agent, 10.INSURANCE. Contractor must provide the insurance indicated on the face sheet of this Services Agreement. 11.PERMITS. Contractor must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this contract. 12.INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. Contractor will be free to contract for similar service to be performed for other employers while under contract with City. Contractor 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 contract that may appear to give City the right to direct Contractor as to the details of doing the work or to exercise a measure of control over the work means that Contractor will follow the direction of the City as to end results of the work only. 13.WAIVER. City's review or acceptance of, or payment for, work product prepared by Contractor under this contract 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 Contractor's performance. A waiver by City of any breach of any term, covenant, or condition contained in this contract 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 contract, whether of the same or different character. 14.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 San Bernardino County. Grand Ave Park SVC -390190 City of Chino Hills Chino HMIs, CA Date: August 30, 2017 Attention: Jackson Ritchie NATIONAL. JOINT POWERS ALLIANCE Master Project:170558 Contract Number: 082114-msl Expiration: 09/16/2018 (Renewable annually) Category: Facility & MRO Sub -Category: Athletic Field / Court and Parking Lot Lighting Systems Quofatbn Prue The fee for senrioes rendered including labor, lift and lams.......... $6,660.00" Plus applicable sales tax. "This quote does Include prevailing wage rates. ENoolrw IMgwt 1 d WN. 1 bN1 hM to W Pfd by MwNuoloNwnanrNnrbp ayN�•Y+� b N6UInNd rhNn q� P NINA 1•b Nro D•pwlnrnl d bniwI ' RNboo" gym w� ' A m 1 wbnr bewrdN�y .::=wNN.' b wq NNontmNn will) NNIMtIIN Nrl wodrd W fNrNNy apPNollbd. YomM PMelMrtrg NP P+yroN PNYNgNMA ww" be Nbb to "wo yeu "a *AN PWOW nob, bl• him I SM Ihb W %NoWr Is Mdubd en NM PO. scow• at Smieoft Musco proposes the following service: • Musco tech to replace outages at Grand Ave Park • (14) outages on the soccer field • (9) outages on the hockey and basketball In connection with the Services, Waco will provide basic materials consisting of (23) Musoo 15M watt painted Z low. M additional tine or materials are needed to complete the Project, Musco YA obtain Customers consent before prooeedk4 Nalos • Reasonable access to all poles wpb owstrudion-sized lib 0 required. • Ground protection (plywood) and assistance to move, If needed, provided by owner. t:nvlrornrwoW C.omp0nce Modce HID lamps contain mercury (Hg), a hazardous substance that is regulated by state moor federal law, and must be managed a000rding to disposal taws. HID lamps removed frau service contain mercury and will have transport arranged for delivery to a recycling fadifty, aay~ ramal Payment terms net 30 days from delivery. Late payment will be subject to service of 1 W% per month (16% ApM. Any additional materials needed will be charged at an additional price. In addition, City of Chino Hips shall pay and be responsible for when due all local applicable sales, use, franchise, gross ►ecteipis, or similar taxes relating to this Agreement. it any payment is not made when due, Customer will pay a delinquent charge of 1.1/2% for each month, or a portion of month, that a past due balance remains unpaid, cw tomer CChhargeees sphaavvee been y all cost (ncludedud�n t above priasonableces.SSalles tax Is NOT included ys lass and court aspad of ted me loctlmg any t amours due. Freight f lloww" and Pin wft MUSCO, a non-union wVwkapon, requires City of Chow Hips to arrange and secure all licenses, permits w&or applicable labor contracts with local authorities, MUSCO shall not be held responsible for local union labor and any permits, 9 required. NOFAW[NV Before Musco enters the PmWty to set up Its equipment under this Agreement, Customer must no ft Musca of any landscaping or surtaoe areas that are to be avoided by Musoo in setting up its equipment. Absent W000's negligence or willful misoanduct, Musoo is not, at any time or to any extent, liable, resporWble or in any way accountable for any loss, injury, death or damage to persona or property, from any cause that at any time may be suffered or sustained by Customer, or by any parson on or about the Property, adsft out of the entry or act Aee on the Property by Musoo, or any person or persons permitted on the Property by Musco. Prices are good for acceptance and delivery for 90 days only, unless such tine Is extended In writing. 0 you have any questions regarding the quotation, please call me at8o0-825 6020 . Sincerely, Troy Shilling Lighling Services Sales ROP Musco Sports Lighting. tion -826-M troy.shOng@musco.com