CONTRACT 6358 Public Works Contract CLOSEDAgreement No. 6358
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
FLEMING ENVIRONMENTAL, INC.
EM 22-01: INSTALLATION OF A VEEDER ROOT OVERFILL ALARM FOR
THE NEW OIL TANK AT EL SEGUNDO CITY YARD
This CONTRACT is entered into this 28t" day of April, 2022, by and between the
CITY OF EL SEGUNDO, a general law city and municipal corporation (the "City") and
FLEMING ENVIRONMENTAL, INC. (the "Contractor").
1. WORK,
A. The Contractor will provide all work required by the Contract Documents
(the "Work"). The Contractor agrees to do additional work arising from
changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions
contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials;
equipment; printing; vehicles; transportation; office space and facilities;
all tests, testing and analyses; and all matters whatsoever (except as
otherwise expressly specified to be furnished by the City) needed to
perform and complete the Work and provide the services required of the
Contractor by the Contract Documents.
D. "Contract Documents" means the Contractor's Proposal and this
Contract; The Contract Documents constitute the complete agreement
between the City and the Contractor and supersede any previous
agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed
Nine Thousand, Four Hundred Eighty -Five Dollars ($9,485.00) for the Work in the
manner set forth in the Contract Documents. The City may adjust this amount as set
forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within (30) Thirty working
days (the "Contract Time.")
B. The Contract Time will commence when the City issues a notice to
Agreement No. 6358
proceed. The Contract Documents will supersede any conflicting
provisions included on the notice to proceed issued pursuant to this
Contract.
C. The Contractor may not perform any Work until:
The Contractor furnishes proof of insurance as required by the
Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered
purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the
Contract Time is reasonable for completion of the Work and that the
Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written
authorization to proceed, any such Work is at the Contractor's own cost
and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance
with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the
City will promptly inform the Contractor regarding third -party claims against the
Contractor, but in no event later than 10 business days after the City receives such
claims. Such notification will be in writing and forwarded in accordance with the "Notice"
section of the Contract Documents. As more specifically detailed in the Contract
Documents, the Contractor agrees to indemnify and defend the City against any third -
party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with
a Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the Contract Time, all necessary permits,
licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps,
models, photographs and reports prepared by the Contractor under the Contract
Documents are the City's property. The Contractor may retain copies of said documents
and materials as desired, but will deliver all original materials to the City upon the City's
written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and
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limits of insurance coverage to be maintained by the Contractor as required by the
Contract Documents, and any approval of such insurance by the City, are not intended
to and will not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Contractor pursuant to the Contract Documents, including, without
limitation, to the provisions concerning indemnification.
10.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the
Contractor will act as an independent contractor and will have control of all work and
the manner in which is it performed. The Contractor will be free to contract for similar
service to be performed for other employers while under contract with the City. The
Contractor is not an agent or employee of the City and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits the City provides for its
employees. Any provision in this Contract that may appear to give the City the right to
direct the Contractor as to the details of doing the work or to exercise a measure of
control over the work means that the Contractor will follow the direction of the City as
to end results of the work only.
11.AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities. The Contractor will retain such financial and program
service records for at least three years after termination or final payment under the
Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed
made when received by such party at its respective name and address as follows:
The City
City of El Segundo Public Works Dept.
150 Illinois St.
El Segundo, CA 90245
Attention: Greg Booras
(310) 524-2714
gbooras@elsegundo.org
The Contractor
Fleming Environmental, Inc.
1372 E. Valencia Dr.
Fullerton, CA 92821
Attention: Ron Ferris
(714) 871-2800
rferris@flemingenviromental.com
Any such written communications by mail will be conclusively deemed to have been
received by the addressee three days after deposit thereof in the United States Mail,
postage prepaid and properly addressed as noted above. In all other instances, notices
will be deemed given at the time of actual delivery. Changes may be made in the names
or addresses of persons to whom notices are to be given by giving notice in the manner
prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for
the exclusive benefit of the Contractor and the City and not for the benefit of any other
party. There will be no incidental or other beneficiaries of any of the Contractor's or the
City's obligations under this Contract.
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14.INTERPRETATION. This Contract 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 Contract will be in Los Angeles County.
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract; and
B. The Proposal.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court
of competent jurisdiction to be invalid or unenforceable, then such portion will be
deemed modified to the extent necessary in the opinion of the court to render such
portion enforceable and, as so modified, such portion and the balance of this Contract
will continue in full force and effect.
17.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this
Contract and to engage in the actions described herein. This Contract may be modified
by written amendment. The City's city manager, or designee, may execute any such
amendment on the City's behalf.
18. ELECTRONIC SIGNATURES. This Contract may be executed by the Parties on any
number of separate counterparts, and all such counterparts so executed constitute one
agreement binding on all the Parties notwithstanding that all the Parties are not
signatories to the same counterpart. In accordance with Government Code §16.5, the
Parties agree that this Contract, agreements ancillary to this Contract, and related
documents to be entered into in connection with this Contract will be considered signed
when the signature of a party is delivered by electronic transmission. Such electronic
signature will be treated in all respects as having the same effect as an original signature.
19.COVENANTS AND CONDITIONS. The parties agree that all of the provisions
hereof will be construed as both covenants and conditions, the same as if the words
importing such covenants and conditions had been used in each separate paragraph.
20.CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
21.TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
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IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEGU DO
7
Elias Sas oon,
Public Works Director
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By: �` ,
Joaqu Vazquez,
Depu City Attorney
Insurance Reviewed by:
Hank u, Risk Manager
FLEWNO ENVIRONMENTAL, INC.
Name: Terry L. Fleming, Jr.
Title: President
Taxpayer ID No.: 33-0791479
Contractor State
License No.: 746017
Contractor City Business
License No.: 21459
Agreement No. 6358
CONTRACTOR'S PROPOSAL
Fleming Environmental Incorporated
1372 E. Valencia Dr. * Fullerton, CA 92821
(714) 871-2800 * Fax (714) 871-2801
License #746017
April 7, 2022
City Of El Segundo
Attn: Greg Booras
150 Illinois Street
El Segundo, CA 90245
Re: El Segundo City Yard V/R Overfill Alarm @ New Oil Tank.
Dear Greg,
Fleming Environmental is pleased to offer you this proposal for the installation a Veeder Root
overfill alarm for the new oil tank at the El Segundo City Yard. The following is what our
price is predicated on:
Work Included:
* Plans for Permitting.
* Prevailing Wage.
Mobilize on site.
« Install above ground conduit and wiring from Veeder Root panel to new location
of alarm.
Tie into existing conduits at maintenance building that runs to Veeder Root panel.
Install new Veeder Root Overfill alarm and acknowledgment switch on wall next
to new oil tank and test.
Final pen -nit.
Clean up of our work.
Work Excluded:
* Any work to the existing product piping, vapor recovery piping and vent piping
penetrations in the tank sumps.
Permit fees.
r Any electrical penetration in sumps or UDC.
• Any work to the card reader and dispenser.
* Temporary tanks.
• New Veeder Root sensors or probes other than what to be installed above.
• Any fiberglass work to sump collars on tank.
Any excavation to expose outside of tank sumps.
Soil Sampling & reports.
6 Month SB 989 testing.
Agreement No. 6358
• Unforeseen site conditions.
• Any work not specifically mentioned above.
Total:
April 6, 2022
$ 9,485.00
Special Note ##1: Fleming is assuming that the existing conduit is intact/ free & clear to
remove and replace low voltage wire. If wires are stuck and cannot be removed or new wires
added due to unknown circumstances, This additional work will result in a change order to
the owners.
This proposal is valid for 30 days from the above dated proposal. if this proposal is
acceptable, this proposal shall be incorporated into any agreement. Furthermore, Fleming
maintains full comprehensive insurances. These are available upon written request. Should
this project require additional insurance coverage's above our norm, this will be an extra cost.
If you should have any questions or require further information, please cal me at (714) 871-
2800.
Sincerely,
Ron Ferris.
Project Manager
to
(Authorized Owner representative) (Print Name) ( Date )
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