CONTRACT 6879 Maintenance and Repair Agreement CLOSEDAgreement No. 6879
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
SOUTH COAST PAINTING, INC.
GM 24-01: REC PARK CLUBHOUSE PAINTING PROJECT
THIS MAINTENANCE AGREEMENT ("Agreement") is made and enteredinto this 22nd
day of February 2024, by and between the CITY OF EL SEGUN00, a general law city
and municipal corporation ("CITY") and South Coast Painting, Inc. a CALIFORNIA
CORPORATION ("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed
in the SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by
the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR on a
lump sum basis an amount set forth in the attached Exhibit "A,"' which is
incorporated by reference, for CONT CTOR's services. CITY will pay
such amount promptty, but not later then 30 days after receNing
CONT CTOR"s invoice.
2. TERM. The term of this Agreement will be from February 23, 2024 to July 31, 2024.
The Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies
and materials, equipment, printing, vehicles, transportation, office space
and facilities, and all tests, testing and analyses, calculation, and all other
means whatsoever, except as herein otherwise expressly specified to be
furnished by CITY, necessary or proper to perform and complete the work
and provide the professional services required of CONTRACTOR by this
Agreement.
4. PREVAILING WAGES.
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Agreement No. 6879
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevai�ing
wages. It is CONTRACTOR's responsibility to interpret and implement
any prevailing wage requirements and CONTRACTOR agrees to pay any
penalty or civil damages resufting, from aviolation of the prevailing wage
laWS4
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of
per them wages are available upon request from CITY's Engineering
Division or the website for State of California Prevailing wage
determination at httpJlwww.dir.ca.gov/DLSR/PVVD. CONTRACTOR must
post a copy of the prevailing rate of per them wages at the job site.
C. CITY Erects CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6
and 3098 concerning the employment of apprentices by CONTRACTOR
or any subcontractor.
D, Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint
apprenticeship committee nearest the site of the public works project and
which administers the apprenticeship program in that trade for a certificate
of approval. The certificate rnust also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio
of apprentices to journeymen in such cases will not be less than one to
five except:
When 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
When the number of apprentices in training in the area exceeds a
ratio of one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship 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.
CONTRACTOR is required to make contributions to funds estab-
lished for the administration of apprenticeship programs if
CONTRACTOR employs registered apprentices or journeymen in
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any apprenticeable trade on such contracts and if other contractors
on the public works site are making such contributions.
vi. CONTRACTOR and any subcontractor must comply with Labor
Code §§ 1777.5 and 1777.6 in the employment of apprentices,
vii. Information relative to apprenticeship standards, wage schedules
and other requirements may be obtained from the Director of
Industrial Relations, ex-offlcio the Administrator of Apprenticeship,
San Francisco, California, or from the Division of Apprenticeship
Standards and its branch offices.
E. CONTRACTOR and its subcontractors, must keep an accurate certified
payroll records showing the name, occupation, and the actual per diesi
wages paid to each worker employed in connection with this Agreement.
The record will toe kept open at all reasonable hours to the inspection of
the body awarding the contract and to the Division of Labor Law
Enforcement, If requested by CITY, CONTRACTOR must provide copies
of the records at its cost.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that
CONTRACTOR has
Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities„ difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully
acquainted with the conditions, there existing, before commencing the
services hereunder. Should CONTRACTOR discover any latent or
unknown conditions that may materially affect the performance of the
services, CONTRACTOR will immediately inform CITY of such fact and
will not proceed 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
times this Agreement is effective, CONTRACTOR will procure and
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maintain the following types of insurance with coverage limits complying,
at a minimum„ with the limits set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
$1,000,000
$1,000,000
Statutory requirement.
B. Commercial general liability insurance will meet or exceed the
requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of
insurance set forth above 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 City, its officials, and
employees as "additional insureds" under said insurance coverage and to
state that such insurance will be deemed "primary" such that any other
insurance that may be carried by City will be excess thereto. Such
insurance will 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 City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of
Insurance evidencing maintenance of the insurance required under this
Agreement, endorsements as required herein, and such other evidence of
insurance or copies of policies as may be reasonably required by City
from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
Certificate(s) must reflect that the insurer will provide thirty (30) day notice
of any cancellation of coverage. CONTRACTOR will require its insurer to
modify such certificates to delete any exculpatory wording stating that
failure of the insurer to mail written notice of cancellation imposes no
obligation, and to delete the word "endeavor" with regard to any notice
provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the
insurance required by this Agreement, City may obtain such coverage at
CONTRACTOR's expense and deduct the cost of such insurance from
payments due to CONTRACTOR under this Agreement or terminate.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6
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of this Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written
authorization to proceed, any such professional services are at
CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any
time with or without cause. Notice of termination will be in writing,
B. CONTRACTOR may terminate this Agreement upon providing written
notice to CITY at least thirty (30) days before the effective termination
date.
C. Should the Agreement be terminated pursuant to this Section, CITY may
procure on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CI Y's termination under this
Section.
INDEMNIFICATION.
A CONTRACTOR indemnifies and holds CITY harmless from and against
any claim, action, damages, costs (including, without limitation,
reasonable attorney's fees and penalties), injuries, or liability, arising out
of this Agreement, or its performance including, without limitation,
damages or penalties arising from CONTRACTOR's removal,
remediation, response or other plan concerning any Hazardous Waste
resulting in the release of any hazardous substance into the environment.
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 this Agreement, or its performance, CONTRACTOR will
defend CITY (at CITY's request and with COLMel satisfactory to CITY) and
will indemnify CITY for any judgment rendered against it or any sums paid
out in settlement or otherwise.
B. For purposes of this section "CITY" includes CITY's, officers, officials,
employees, agents, representatives, and volunteers.
C. CONTRACTOR expressiy agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the
law of the State of California and that if any portion is held invalid, it is
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Agreement No. 6879
agreed that the balance will, notwithstanding, continue in full legal force
and effect.
D. It is expressly understood and agreed that the foregoing provisions will
survive termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required 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 obligations otherwise assumed by
CONTRACTOR pursuant to this Agreement, including„ without limitation,
to the provisions concerning indemnification.
9. 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 Agreement 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.
10. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be
in writing and may be given by personal delivery or by mail. Notice sent
by mail will be addressed as follows:
To CITY: Attn: Jorge Prado
City of El Segundo
350 Main Street
El Segundo, CA 90245
(310) 524-2713
jprado@elsegundo.org
To CONTRACTOR: Attn: George Mantikas
South Coast Painting, Inc.
28364 South Western Ave #465
Rancho Palos Verdes, CA 90274
(310) 938-0368
scpainters@sbcglobal.net
B. When addressed in accordance with this paragraph, notices will be
deemed given upon deposit in the United States mail, postage prepaid. In
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Agreement No. 6879
all other instances, notices will be deemed given at the time of actual
delivery.
C, 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.
11. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number,.
12. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition
contained in this Agreement 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
Agreement„ whether of the same or different character.
13.CONSTRUCTION, The language of each part of this Agreement will be construed
simply and according to its fair meaning, and this Agreement will never be construed
either for or against either party.
14. SEVERABLE. If any portion of this Agreement is 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 Agreement will continue in full force
and effect_
15. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
16. WAIVER. Waiver of any provision of this Agreement will not be deemed to
constitute a waiver of any other provision, nor will such waiver constitute a continuing
waiver.
17. 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.
18. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not
binding upon CITY until executed by the City Manager. The Parties represent and
warrant that all necessary action has been taken by the Parties to authorize the
undersigned to execute this Agreement and to engage in the actions described herein.
This Agreement may be modified by written agreement. CITY's city manager may
execute any such amendment on behalf of CITY.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. This Agreement may be executed
by the Parties on any number of separate counterparts, and all such counterparts so
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Agreement No. 6879
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
Cade § 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
transmission. Such electronic signature will be treated in all respects as having the
same effect as an original signature.
20. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of this Agreement, its attachments, the purchase order, or notice
to proceed, the provisions of this Agreement will govern and control,
21. CAPTIONS. The 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, explosion, war, terrorist act, embargo, government action, civil or military
authority, the natural elements, or other similar causes beyond the Parties' control, then
the Agreement will immediately terminate without obligation of either party to the other.
23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting lead based stabilization. To
the extent that there are additional terms and conditions contained in Exhibit "A" that are
not in conflict 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, oral or written.
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Agreement No. 6879
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEO
aeneral law city
I I
Elias aas on,-
Director :'Public Works
ATTEST:
Tracy Weaver„
City Clerk
APPROVED AS TO FORM:
MARK D. I -I N LEY, CITY ATTORNEY
By:
SOUTH, COAST PAINTING, INC.
Name
Title
Taxpayer ID No
Vazquez, Assistant City Attorney
INSURANCE REVIEWED BY:
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Agreement No. 6879
EXHIBIT A
Date: 2-8-24
S ic-D"", u ""r,I VV��' � n
. . .
. .
r,AINTINU
Contact: George Mantikas License# 892130
28364 South Western Avenue #465
Rancho Palos Verdes, CA 90274
South Coast Painting Licenses: South Coast Painting Inc. holds a State of California Contractors
state license board C-33 license #892130
South Coast Painting Contact Information:
Phone:310-938-0368 Fax:310-933-0287
E-mail: sci2ainters@sbcglobal.net / Web site: Southcoastpainters.com
Bonds: Lesron Insurance Agency
1440 North Harbor Blvd. Suite #610 Fullerton, CA 92835
License # 0792430
Workers Compensation: State Fund
3440 Walnut Avenue Fremont, CA 94538
# 9125712-2015
General Liability: Orr & Associates Insurance services
CA license #OE63493
Automobile Liability: Orr & Associates Insurance Services
Department of Industrial Relations Registration No. 1000577895
Federal Tax ID No. 47-2725415
Agreement No. 6879
Su""UT'"'
0"NOO& A 0"T"" A 1; t G
Project Address: El Segundo Clubhouse @ El Segundo Ca
Attention: Jorge Prado
1.0 PRODUCTS AND GENERAL PREP
All materials shall be per specifications and delivered to the project in original
containers bearing the Manufacturers name and code. All materials to comply with
current requirements of the Environmental agencies or other local, state and federal
requirements.
Preparation of various surfaces include:
Stucco / Cement / Plaster will be prepped by high power water pressure wash as needed to
remove loose dirt, rust, failing product or dirt from surface. Surfaces will be allowed to
completely dry before application of primer and or paint products.
Metal will have any loose rust, scale or peeling paint removed either by wire brush, scraping,
or sanding as required. A metal cleaner or degreaser will be used to clean surfaces from dirt,
grease, oils, or salt build up. Surfaces will either be rubbed with cloth or scrubbed with a stiff
wire brush depending on condition of surface. All surfaces to be rinsed with water and
allowed to completely dry before application of any primer/ rustoleum and or paint.
Wood will be prepped by removing and dust or foreign matter and caulk areas with a greater
gap of 1/8 to % inch in width.
This agreement will remain in effect for r30, days unless mutually agreed in writing and
signed by both parties.
Agreement No. 6879
SOUTH COAST
PAINTING
1.1 Scope of work: Painting of downstairs Men's and Women's Bathroom located at the
Clubhouse. Hallway wall and interior of closet.
1.2 GENERAL EXTERIOR PREPARATION TO INCLUDE:
Step 1. Power wash all areas to be painted
Step 2. Scrape off all loose paint
Step 3. Stucco patch any areas as needed
Step 4. Caulk around any windows and doors as needed
Step 5. Cover to protect any areas vulnerable to overspray or spillage
Step 6. Apply spot primer, Sherwin Williams or equal primer
Step 7. Apply two coats Sherwin Williams, color and sheen per owner
1.3 Change Orders: Any changes to this agreement including additional work required, shall be
set forth in writing and signed by both parties before the changes, or additional work is said to
be complete.
1.4 Cancellation: South Coast Painting maintains the right to cancel this agreement if not
accepted within a thirty- day period. Owner may cancel this agreement within forty-eight hours
from the date of acceptance. South Coast Painting will accept written notification of
cancellation and the reason for such addressed to 28364 S. Western Ave €#465, Rancho Palos
Verdes, CA 90275.
2.0 GENERAL CONDITIONS
Agreement No. 6879
SOUTH COAST
PAINTING
2.1 Job Safety: South Coast Painting will take all necessary precautions when it comes to job -
safety. South Coast Painting will make all necessary protective arrangements to prevent project
operations from damaging the premises or other operations.
2.2 Storage: South Coast Painting will keep all materials and equipment involved for the project
stored in appropriate containers or adequately marked and secured locations.
2.3 Facilities: South Coast Painting will provide portable toilets in a designated area as
agreeable by Owner, or Owner will make available facilities for the use during said project.
2.4 Utilities: Owner of property will make available water and electricity as needed for the
completion of project described.
2.5 Debris: South Coast Painting will perform all work in an orderly fashion as to clear worksite
from unnecessary debris. All work -related trash or clutter will be managed daily. South Coast
Painting will also remove all equipment and materials upon completion of project.
2.6 Permits: Owner will obtain all necessary licenses and or permits required for all or any
portion of the work to be completed. South Coast Painting will furnish upon request copies of
any certificates and or other documents as evidence of compliance with applicable laws,
ordinances, or other regulations from various agencies or departments as needed.
2.7 Notices: When applicable South Coast Painting will post all notices to residents one week
prior to scheduled work progress. Notices will be placed in common areas, front doors, etc. to
provide resident adequate time to prepare and remove items from balconies or patios as
needed. Contractor cannot be held responsible for any items left out by resident.
2.8 Insurance / Liability: South Coast Paintings shall provide appropriate worker's
compensation coverage and liability insurance to protect against any South Coast Painting
negligence.
Agreement No. 6879
'UTH COAST
PA I N T I N
3.0 SCHEDULE AND WARRANTY
3.1 Project estimated time of completion: 3 days. The contractor will not be responsible for
delays caused by fire, natural acts, or for any delay related to the management that is deemed
out of control of the contractor.
Time is of the essence: Should there be delay in the start of this project by Owner, South Coast
Paintings has the right to cancel the contract within 30 days.
3.2 Warranty: South Coast Painting shall provide Warranty for all paint and labor against
peeling and flaking for the term of one year from the agreement date herein. Warranty
excludes any failure of previous coatings. Warranty does not cover termites, water damage,
splitting, or warping wood on this project.
4.0 PAYMENT
4.1 Terms of payment will be agreed as followed: At Completion
42 Total estimate for project will be: $2,080.00
The above contract bid has been read and agreed by both parties, signed below to signify
award of project.
By:
print:
Title: Date:
South Coast Paintings
By: print:
State of California License number 892130 dater