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2400 - Southern CA Edison - 1995 License Agreement1 2 3 LICENSE AGREEMENT EXHIBIT "A" 4 THIS AGREEMENT, made and entered into this Z/'Zl day 5 of tie. u, T igfs by and between Southem California Edison 6 Company, a corporation, hereinafter called "Company" and the City of Rosemead, a 7 political subdivision of the State of Califomia, hereinafter called "City ,,. 8 1 WHEREAS, City has jurisdiction of certain highways and has the right to 9 regulate the use of such highways; IO and 11 WHEREAS, Company has installed Company owned ornamental fiberglass, 12 marbelke and steel street light standards with underground wiring at various locations 13 within said City at request of City; 14 and 15 WHEREAS, City desires a license to place non - electrified traffic regulating 16 devices, American flag attachments, Neighborhood Watch sign attachments, and 17 banner attachments on said street light standards; Ulm 19 WHEREAS, Company Is agreeable to allow City to install Company approved 20 non - electrified traffic regulating devices, American flag attachments, Neighborhood 21 Watch sign attachments, and banner attachments and appurtenances on said street 22 light standards under a license. 23 NOW, THEREFORE, in consideration of the premises and the mutual 24 understandings and obligations of the parties as herein -after set forth, Company and 25 City hereby agree as follows: 26 1. Company hereby, subject to the terms and conditions provided in this 27 28 f 9 c t? 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PpaI =28I Agreement, licenses and permits City or City's authorized agent to install, maintain, use, repair, renew, and remove certain Company approved non - electrified traffic regulating devices, American flag attachments, Neighborhood Watch sign attachments, and banner attachments and appurtenances on Company owned ornamental fiberglass, concrete and steel street light standards in accordance with the following: (1) Attachment shall be by means of stainless steel straps. No holes shall be punched, drilled, or burned In the ornamental pole, (2) All attachments shall be mounted so as to provide adequate clearance from traffic, pedestrians, and from all electrical facilities, and secured to the street light standard to avoid dislodging by wind. (3) The total surface area of all attachments on any one ornamental pole shall not exceed 18 square feet at any one time. 2. Except as otherwise herein provided, the use by City of such street light standards as herein contemplated shall be without charge or expense to City. 3, Whenever City desires to place said attachments on Company owned street light standards, City shall file the necessary written application and plans with Company for its approval for each application. The installation shall be completed within sixty (60) days of written approval. Each subsequent installation requires a new application under this Agreement. City or City's authorized agent shall commence and complete all approved attachments as promptly as possible. 4. No attachments shall be placed on said facilities until the application for the same shall have been thus approved by Company. Upon completion of any installation by City, or City's agents, City shall notify a Company representative who, at hls/her discretion, may inspect Installatlon. 5. Said attachments and appurtenances shall be installed and maintained )y City, or City's authorized agent, In a safe and workman -like manner In compliance 7/ 7/ II I with all applicable laws, rules, regulations, ordinances, including but not limited to 2 General Order No. 95 of the Public Utilities Commission of the State of California. 3 6. Should Company determine that it is necessary to relocate or replace a 4 street light standard on which a City -owned attachment is in place, City or City's agent 5 shall, upon reasonable notice from Company promptly relocate, replace or transfer 6 said attachment to a substitute street light standard, if any, as required at City's sole 71 cost and expense. 8 7. City shall indemnify and hold harmless Company against all loss 9 expenses, claims, actions, causes of action, damages, costs or liabilities, directly or 10 proximately resulting from or caused by the installation, placement, use, presence, 11 operation, maintenance, and /or removal of said attachments and appurtenances on 12 said street light standards, as herein provided. 13 B. The failure of Company to enforce any provision of this Agreement, or the 14 waiver thereof, shall not be construed as a general waiver or relinquishment on its part 15 1 of any such provisions; however, the same shall nevertheless remain in full force and 16 effect. 17 9. This Agreement shall continue in effect for a term of one year from the 18 date hereof and from year to year thereafter. Unless sooner terminated by mutual 19 written Agreement, this Agreement may be terminated by either party hereto by written 20 notice given not less than sixty (60) days prior to the intended termination. In the event 21 of such termination, City shall remove all of said attachments and appurtenances from 22 Company's street light standards within sixty (60) days of such termination. 23 10, The provisions hereof shall Inure to the benefit of and bind the respective 24 successors in interest, representatives, and/or assigns of the parties hereto; provided, 251 /ll 26 2711 /// 28' /// I S a r f E c ID 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 - -- _ _ 28 • however, that no assignment may be made without the prior written consent of the other parry hereto, IN WITNESS WHEREOF, City and Company have executed this Agreement by and through their respective officers thereunto authorized as of the day and year first herein above written. COMPANY: SOUTHERN CALIFORNIA EDISON ACTING FOR AND ON BEHALF OF THE CITY OF ROSEMEAD V IP-a ftlB' NAN41A Or wac Title: +lR Sio:ru nr:,ic5 ATTEST: ATTEST: Title: Title: � L� DATE: /sue DATE: ALM i- D TnAi:F�CUr/TRRCT9 � APPROVED QRYANT C. D9lNRR i OvilerVIca Fresloaftt 19_. .1,_ EXHIBIT "B" INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise fzom or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurence Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 covering Automobile Liability, code I (any auto). 3. Workers' Compensation insurance as required by the SLue of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Lability: 51,000,000 per oectvrence for bodily injury, personal injury and property damage. if Commercial General Uabiliry Insurance or other form with a general aggregate limit is used, either the genre! aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required Occurrence limit. 2. Automobile Liability. 51,000,000 per accident for bodily injury and property damage. 3. Employer's Liability; 31,000,000 per accident for bodily injury or disease. - - Deductibles and Self-Insured Retentions Any deductibles or self - insured retentions must be declared to and approved by the Entity, At the option of the Entity, either. the insurer shall reduce or eliminate such deductibles or self -inst red retentions as respects the Entity, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigadors, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to conLli . or be enticned to contain, the following provisions: 1. The Entity, it officers, officials, employees, agents and volunteers ate to be covered rats insutreds as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, oocupicd or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the meer;. Entity, its officer, officials, employees, agent or volu 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insutrmce as respect the Entity, its officers, officials, employees, agents and volunteers. Any Insurance or self - insurance maintained by the Entity, its officers, officials, employees, ageras or volunteers shall be excess of the Contractor's insurance and shall not contribute with it 3. Any failure to comply with reporting or other provisions of the policies including breaches of wemastdes shall not affect coverage provided to the Entity, its officers. officials, employees, agents orvolunters. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurcr's liability. 5. Each insurance policy requited by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either parry, reduced in coverage or in limit exccpt after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Entity. Acceptability of Insurers Insurance is to be placed with 'assurers with a current AM. Best's rating of no less than A: VII. Verification of Coverage Contractor shall furnish the Entity with original endorsements effecting coverage required by this clauses The endorsements are to be signed by a person authorized by that 'assurer to bind coverage on its behaL The endorsements are to be on fo trs provided by the Entity. All endorsemens are to be received and approved by the Entity before work comm AS rot 11 cm to the Endry 's fours, the Contractor's insurer may provide complete, c4erified copies of all required insttranco policies, including endorsements Lhe En effecting the coverage required by these specifications. Subcontractors Contractor shall include all subcontractors as insureds under is policies or shall furnish separate certificates an d endomemeras for each subcontractor. All coverages for subcontractors shall be subject to all of the requircmrns stated herein.