CONTRACT 6760 Maintenance and Repair AgreementAgreement No. 6760
F%rzA!t,:,"rENANC.AG RE�EP4,EP-IT
BETWEEN
THE CITY OF EL SEGUNDO AND
EAGLE PROTECTION SERVICES, WC,
GNI 23-09 OFF&ITE W)NITOFUNG OF SE(WirryAND FIRE SYSTEMS AT
M.WLTIPLE CITY FACILrrES
MA0'47ENAIXE is rnade, and into this V!
day of juN, 2023 byand botwi,�,-en Wic:�
Cl'R'( OF EIL
a
Caw. uty and
general
'nunifal comwayu-1 (Ci F)") and
EAKE
(%0N5F!AC!T0F1j
The Parties agree as foliows�
IN As partial consMeration, C011TRACTOR agrees to perfornn th�e work, listed
in the SCOPE. OF SERVICES, be�ov.,,.
fl As WOW consideratiori, CONTRACTCDR and to abide. by
We MOS EW?d!,-.,ond@tions coMaked in Ws Agmeawk,
El As addlunM cowderation, CITY agrees to pay CON""'FRACTOR not
ex,ceed n-Fteen thousand dollars ($1.5,000,0011 rates set Wah in the
Exnibit c'A�" whicl'-! is incorporwed by refereance, for
WNTSTATZOR's" -ser'Jres' Pay amc-u-,-,t pr;-,Mn
ia,t;Wrty (30) days aftr r ri.:-:ceiving CON TRACTOFTs Avoice,
2. TERM. The term of this Agmeawnt WH be Wrri july -1 2023 !.o Jurte 30, 2024, 1"'he
Agmemen't ri,).i,--,y bc, ;,enevv,,-:,d' upon r-'�eutual consent of the pardes.
SCOPE OF S E t'%�`CE z,,
jb- CON.","RACTOR, w0l, zperi,"orr-n services iisted in the ai.taclhed Exhibit A.
6 (11-11N'i RAC-11-0,R vvi!�, &n a workmakke r;naninf ,i: 1. 20 d" the !arbor,
WPM[ admkisrahve, al6 SU'Pplk`.-z
pr�ntinqvoh'Oe" officespace
an!".J' ail lests, testing and and a0 other
means wnmsoever, ex,,f-ept as, herem othtenv-ise expressly specified to be
Wmhed by CITY, prop ,,' b; perfy.vm irldl complete the work
- ' - --e' PRIessional et s-Ocr es equVed of �'.'.)y �his
T'10 �'w-wirj"e 1"r .?
A g 0 a M ov; ""'
Page 1 uF9
Agreement No. 6760
A, Pursuant to Labor Code § 1720, and as specified in 8 California Code of
h000, C0NTP4,,C1 OR "nust r,,-FV gt w;�ykerS prevaHing
s A - '
wages. it Is CONTRACTOR's responsibility ra interpret and implement
any prevailing wage requirements and CON"FRACT OR agrees to pay any
penalty or cMl damages resulting frorn a violation of the prevailing wage
laws.
B, hi acuon,""ar"ce With L-ab,,)i- Cofd't4§ 11 77,32� i,_IrevaiMg rate, olf
pt,�} rjien'l v%"ages zoa availabie upon fro�jj Ci,i'Ys Engineering
Dvisk)n or the website frzr State of Cafiforrfla PrevaHing wage
dot erminiation at htl /www.d r.cca j_ CONTRACTOR I-MlSt
post -a copy of the prevailing rate of per them wages at the iob site.
CP Y diir%';cts C,.'ONTRACTOR', , ttf,,ntion ta, -abor Code: 777�5, 1L",T'?'.76
al-ld 31,0198 concerning Vie ernpioyrnent of apf.,�rentices by CONTRACTOR
or arly subcomractor.
D. Labor Code § 1777.5 requires CONT Rh,1_T0P
or subcontractor employing
tradesmen in any apprentice 7hir, occupation 11.-o joint
PA 3 J P c e, ship -, o 1 n
�mif ee nearest the. site of ti-ie public •works project and
w hich administers the apprenticeship program in that trade for a certificate
h , -
of approval. The certificate must also fix the ratio of apprentices to
;outrneyrnen that will be used in the performance of 'lie contract. The ratio
-uch casesvA! neA b- esc than one to
of acvenulces t
to journeyrner i in s M L
live excepl":
Miner-, employment in the area, of coverage by the joint appren-
ticeship committee has exceeded an average of 15 percent in the
90 days before the request for certificate, or
w! the number of apprer-itices in tr9ininc.1 in the area exceeds a.
ratio of one to five,
. or
lii VVIlen the trade can show that it is replacing at !least 1/30 of its
rnen,Oership through ap prenticeship training on an annUal basis
state-wide or locally, or,
iv,
When CONTRACTOR provides evidence that CONTRACTOR
employs registered apprentices on all of his contracts on an annual
average of not less than one apprentice to eight journeymen.
-ONTRY CTOR is re aired to miake c )ntributions to funds estab-
M�s,hed for the administration of apprenticeship programs if
(",'ONTRAGTOR employs registered � pprz.entices or journeymen in
Agreement No. 6760
any apprenticable tradc, on such contracts and if other contractors
on the public works site are making such contributions.
j, CONTRA('TOR and any subcortractor must comply wiffi La -or
Code §§ 1777.5 and 1777.6 in the employment of apprentices.
Vii, fr1don-riation relative to apprenticeship standards, wage schedules
I I
and other requirements may be obtained from, the Director of
lndustriEfl Relations, ex-officio the A,&n.! , rat of Apprenticeship,
Sa®; Fi ancisco, California, or from' t1he Division of Apprenticeship
Standards and its branch offices.
E. CON RAC-r`OR and its subcontractors must keep an accurate certified
payroll iecorus showing the na-me, occupat`;on, an,d the actual per them
.v-r,ges paid to ea%ch worker en-tployed ir, con section vviflh, this Agreement,
"Fhe -ecoi d will be kept open at all reasonabk,, hours to three inspection of
the, body awarding the contract and to the Division of Labor 'Law
Enforcernenit, If requested by CIT"Y, CONTRACTOR must provide c0DieS
at its cost.
f 5 F I AV 4 , IFIL�ARFT"Y jrViTH WORK,
A. By executing this Agreement, CONTRACTOR represents that
CONFIFRAC T. OIR has
l-Ior,,-)ughly investigated and c.tonsk-Je—red .�r.ie scope of services �Lo be
performed:
'ClarefiuPy conside,ed ho,,v the services should be performed; and
iil. ',Undr-rstands the facilities, difficulb(as, and restrictions attending
n Cr- Of -
serkiices undet
I , arnent.
B, If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully
accuairted, with the conditions there existing, before commencing the
seTwices hereundel. Should 'CONTRACTOR discover any latent or
ur-kr1;,-,,,wn conditions that may materially affect the performance of the
services, CONTRACTOR will immediately inforrn, CITY of such fact and
MH nottr-,roceed except at CONTRACTOR's own risk until written
instructions are received from. CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement. and at all other
'Limes this Agreement is effective, CONTRACTOR will Procure and
t];
, age 3 of 9
Agreement No. 6760
� '-nP4,.-"L-dn the I IIowing -ypes of insurance with coverage linnits cori)plying,
,. � I � 10 � I k i t L
at ' rr" i i I nn i Airr", -with the. Iii-rilts set forth brwdciw.
lyp-f,--oLra�-Ijaince
Con-imercial general liability:
BUSii-'16--SS automobile liabilify
VVorleer s conipensa"Jon
Limits (g ombi2,gd
Si
$Z000,000
reqUireinent,
�D L L
B iv orn-ierciw' generai iiabifity insurance will meet or exceed the
Fa requirer,nerits of ISO-C.GIL F am No. CG 00 01 1 1 85 or 88. The amount of,
I D
irlsi'A"rarnce sel forth a.hil')ve will be a combined s!n& Iffnit per occurrence
for bodily iln�Ury, -roper
personal injury, and ty damage for the policy
rove-nage, Liability policies wifl be endorsed to name, City, its officials, and
er1lp9oyees as `: add'tionai insureds" under said inSLYrance coverage and to
skate that such insurance will be deemed "primary" such that any other
,insurance 11-hat may be carried by Citv wil! be excess thereto. Such
;ns;".rance will be on an "occ-.13.rrence,' riot a ;�-Clairnnr-ade," basis and t,'Vifl
I �:ect re-&'CtiCM, eXCEDD� Upo!-, thirty '30' days prior
n C, Val c e. ? S b � e o �- 3
VVT.e ;-i notice tl- -ILV.
"
Aijtc)rf-lobi?e coverage will be v�-,,ritten on ISO Busii,,eszs.4uto Coverage Forrn
I 'A 0101 W 06 92, including symbol I (Any -/-1u4 I
City. duiv 'Cer if cale%z of
Insurance evidencing maintenance of the insurance required under this
Agreernent, endorsernents as required herei -1, and such other evidence of
;nsurance or copies of policies as may be reasonably required by City
fr
o flmie to tirne. Imsurance must be placed 1,vith insurers with a c'Urrerii
nt at least a Rating of "A:Vll�"
AAMI. Best Cm parr ys Rating eaidval-
-
uer'Ifflicate(s) must reilect that the insurer wlH wovide thirty '30) day notice
-,f an-,,i canceflation of coverage. CONTRACT'OR will require its insurer to
.9
,modify such certificates- to delete any excuipatory wording stating that
imanccoija,
failure of the io, Knsui-er tmall wriiLen ncl.--t!ce of Ljon imposes no
,-)bHg&.'i-n. and to deiete the ,jvord "endeavor' 'with regard to any notice
LIJ
S - h �.' k� reason,
-ou�d "ONTRAC TOR, for any "'ason, fail to obtain and maintain the
insurance required by this Agreement, City may obtain such coveracie a.,
CONTRAC TOR's expense and deduct. cost of Such insuraric-- from
ca-vmeVIts due to CONTRAC TOR under "dhis Agree-ment or teri-ninatV-
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agree,ment until:
D T N I 0-Ii -,'C l OR Turn ishtns proof af insur as re;-u.ir�-.,d und er Section 6
Tlapl, of 9
Agreement No. 6760
o� this Acreernent; and
-I
Ne ITR
0 C11Y gi s CON � ACTOR a written Notice to -Proceed,
C. Sl--2,0uld CONTRACT OR begin work in advance ofreceivingwritten
authorization to proceed, any such pirotesslionai services are at
Cj'O NTRAC-1-OR s ovdn, risk.
8, TERMINATION,
A IE7�,x,art as otherwise proviCied, CITY may tel-l-ninate -(rJs Agreement ai any
'Firne wth or withOUt c,,-suse. Notice of will be ir, writing.
B, CONT RAC TOR may terminate this Agreement upon providing written
nobce to ary at least thirty PO) days before the effective termination
date.
C. -Shouid the AgM-emert be terminated p!:r luant to this Section, CITY may
nrocure on its own terms services similar to tciose terminated.
D. By executing this document, CONTRAC-TOR waives any and all clairns for
dannages that might otherwise arise from CITY's ter ruination under this
A. CONTRACTOR indemnifies and holds CITY harmless from and against
any claim;, action, damages., cos'S (inchuciing. withim"t timitation,
liability, arisina ou,
reasona,ble attorney's fees and panalties), in - Juries; or I - 4
-Pfthi's Acreement, Or its performance including, without linnit.ation,
riarnages or penalties arising from COINTRACTOR's removal,
remediation, response or other plan concerning any Hazardous Waste
resuitirig in tie release of any hazardous substamce into the environment.
Should CITY he narned in any suit, or shq.LId any claim be brought
ao,=.Nrlsl. i, by suit or oi�-iervv` whether the sarne be groundless or not,
ansinIg out of this Agreement, or its perfori-nance, CONTRACTOR will
defend CITY ;at CITY's request and with counsel satisfactory to CITY) and
will indemnify CITY for any judgment rendered against it, or any surns paid
Out in settlement or otherwise.
B. F or uurprjse� of this se--tion `CITY` il' ClUdes CITY'S officters, officials.,
ern plovees, agents, representatives, and volunteers.
C- CONTRACTOR expressiv agrees that this release, -waiver, and inden-Irlity
agreementis intended"to be as broad arld inclusive as is permitted by the
,aw of 1-ie Statt--4 of California and th-,xt ifianv pondon is held invalid, if
I age 5 of 9
Agreement No. 6760
a,arv',-e C that tr balana=, vAll, nc)twithstanding, continue in full legai force
arld effect.
D. it is eXpressly understood and agreed that the foregoing provisions will
survive- termination of this Agreerrient.
rC_-qUfH,'8M-..E.nts as to the types and 'mirnits of ins U r-24 11 CC -coverage to be
maintained by "I"ONTRAC"FOR as requ0red by this Agreement, and any
approval of said insurance by CITY, are not intended to and will not in any
manner limit or qualify the liabilities and oblicalions otherwise assumed by
CONTRACT OR,, Dursuanl to this Agreernient, including, wiltiout limitation,
. Lo t-he pr_')visiuns concenmno
9. INDEPENDENT CONTRACTOR. CITY and CONTRA,"'TORazgree that
CONTRA,";TOR
CONTRACTOR w'P act as an 'independent contractor and will have, control of all work
and the manneir In is �4 CC NITRAC-11O.R" ee con":-ac' for
-�her ernpio�ye v,.,N�e -under r3r� _rV sin-lilar Service to ibe perrorm-ercl for oL �,Ajjtrl Cli
is - o' an agent or enriployeel olf CITY and is not ent'ttled to parbcipate in
any emzion insurance, bonu�s or sir niilar benefits CFTZ Y' p! ovides, for its employees,
Any provisio,) Iri this Agreement that may appear to give CITY he right to direct
CONTRAC�OR as to the details of doing the work or to exercise a rneassure of Control
over 'Pe wc�rk rr,�eans tr)at -00INTRACTOR will f Hovjthe direction cfffie "'�Tv as to end
U
es"�""" of the
10- NUTrCE&
A AH otices� given or reouired to be given -ursuara to this Agreement will be
in viriting and rna-V be given; by persrjna� delivery or by rna;L Notice sent
w c E)VI "llail H1 � e addressed as foflows:
To CITY: Attn: Jorge Prado
City of El Segundo
P.Aiain S- -ei
1 S egu n d o A 9 0 2 4 5
0`10"-FRACTOR:
B, VVhen addressed i.
deemoc] given Alpo!`:
aM o'her instances,
dielrvery.
Eagle Protection Services, Inc.
---7 nd
e 00 W. 182 St._ Ste.201
To'n-ance, CA 905,04,
Tel, no, � (3 10) 320-91 GO ext. 13
Email: ruki,-..kureshi@a,)Lcom
i accordance with this Paragraph, notices will be
deposit in the United States postage prepaid. In
nol'ces %.;vill be deemed given at the time of actual
Pa-gc 6 of 9
Agreement No. 6760
C. Changes may be made in the names or ac dresses of persons tn- whom
notices are to be given by giving the man
I giving notice I 'n ner prescribed in this
p.aragraph,
TAXPAYER kDEFN1111FICATION NUMBER. CONTRA,".-I"10"AR, will provide CITY with a
I a x p a y e r e n-l" a tii o n. N u rn b e r .
12, WAIVER, A tvaivesr by CITY ofany bread; of any iernri, c0venai lk I t, or condition
i
ain_d -It wili not -..)e de�erned to be- a waiver of arIv subsequent
n S_ Ag"
•�t lh!
-reach" of ih,, or amy other terrrn, covenant, or[
r conrofiflion contained in this
wllether of the wane or different character,
jt
3 Tlanguage of each part of this Agreement vvill be construed
1CONSTRUCION, i
sirripiy anid ar:,,Iordino w its fair meaning, and -this Agreememt wili never be Construed
either for or - qaiI, eit;,r np-qy,
,I li — I_�r
14, SEVERABLE, if any portion of ifiis Agreement is deck-ar-ed by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to
I
the extent .e`'essary in the opinion of ;he court 'to render such portion enfolmeable and.,
_21
as so rnodif.ed, siucrl oort�a;i arid the lbalanc-e of this Aar-ement w�l� continue in fi-.111 fD.rcc-
i d -aFIC
15.CAPTION S, -1-ham; captions of the paragraphs -of this Agreement are forconvenience
of referenoCilly vvili not affect I.he interpretadon of t,,I is Agrr_1er1,11(1r!t1
IL , I
16 . I' E R of any p§"ovis,ior i f this Ac-gerneni vAi nGt be erdaden,ec
const-
any oiner Drovision, nor wifl such waivc-1 constitute a continuing U I
vvaive,r,
i INTERPRFETATIRON, Thi.s, Agreerment was drafted in, and wilt' be construe(
n
U
,Or
accovdar:ce v,,!ith the crr the State rDf Calif , ma, ai'dd exciiiUsIve- venus for anv
"P_
11 be ir i cs AeiE°s GOLWIIIN,
'8.AUTI-16ORII-YIIV,OD,'FICATION. This Agreernent may be subject to and conditioned
upon approval and ratification by the EI Segundo City Council, This Agreement is not
briding ij-PCM ',-"1 7)/ Un.ti' executed by the City Manager, Th-e PartieS r Present arid e
trvarrant tha pil riecessai,y action has been taken by the Parties to authorize the
un, eciFt this Agreement arid 'o engage �n the actions described herein.
Jer- igned to ex . S This Agreement may be modified by writ4an agreement. CITY's city manager maV
execute any SLIch amnendrnent on behalf of CITY.
9. ACCEPTANCE OF FACSIMILE SiGNA TURES, _11-11is Agree :jenq may be executed
by the Parties on anv numiber of separate cc,Linterp-arts, and aH su('h cciunterparts so
executed one, Aareernent binding on ail [he Parties notwithst, nding that a.11
the Parflkes ai-e not signatories to the same counter.oal. in a-c=rdailce with Govemrnen'
G 'J
Agreement No. 6760
Code § 16.5, the Parties agree that this Agreement, Agreements ancillary to this
Agreement, and related documents to be entered into in connection with this Agreement
will be considered signed when the signature of a party is delivered by electronic
Irans-nissiorl. Such ekactrohic signature will be treated in all respects as having the
`~arms e ff ;C�, -1 t ra Q- an ii g: - a i s: g r, atu r e,
20. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between 2i-ly provision of this Agreement, its attachments, 'the purchase order, or notice
to proceed, the provisions of this Agreement will govern and control.
21. CAPTIONS. T he captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
22. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire,
flood, ocid, explosion, war, terrorist act, embay-go, government action, civil or military
au,thorq, the natura0 elements, or other sirniiar causes beyond the Parties' control, then
the Agreemem will it terminate withoutobligatiorl of either party to the other-
23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement bet veen CON1 RACTOR and CITY respecting lead based stabilization T 0
the extent that there are additional terms and conditions contained in Exhibit "A" that are
not ion confil,,A with this Agreement, those terms are incorporated as if fully set forth
above. There are no other understandings, terms or other agreements expressed or
implied, orab or written,
Page �i of,14
..,,, ., ,
Agreement No. 6760
IN WITNESS WHEREOF the parttes hereto have executed this cbntract the day
and year first hereinaWve written.
CITY OF EL SE SUN EAGLE PROTECTION, INC,,
Elias
Public rks Director Tide:
M ""A
U
E
m „...µ ,.... Taxpayer la No33:-0
Trey lAteaver,
City Cie..
Contractor State
License No.:.,��„
Contractor State
License No.: 7 ` 6
APPROVED AS TO FORM -
MARK 0. HENSL EY, CITY ATTORNEY
r,4 Vazquez, beRuty Cij AE#€ne.
i r.suran,�e Reviewed by: