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CONTRACT 7128 Service AgreementAgreement No. 7128 Agreement No. AGREEMENT FOR CONSTRUCTION SERVICES BY AND BETWEEN THE CITY OF EL SEGUNDO AND SOCAL SURFACES INC This Public Works Contract ("Contract" or "Agreement") is entered into this 15th day of October, 2024 by and between the City of El Segundo, a municipal corporation ("City"), and SoCal Surfaces, a CALIFORNIA CORPORATION ("CONTRACTOR"). In consideration of the provisions set forth below, City and Contractor (collectively, the "Parties") mutually agree to the following: 1. Scope of Services. City requires work on its property located at 401 Sheldon St., El Segundo, CA 90245. The work requires is more specifically described in Exhibit "A," which is attached hereto and incorporated by reference. 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 services required of Contractor by this Agreement. 2. Time for Performance. Contractor will not perform any work under this Agreement until Contractor furnishes proof of insurance as required under this Agreement and City provides Contractor with a notice to proceed. Should Contractor begin work in advance of receiving written authorization to proceed, any such services are at Contractor's own risk. 3. Compensation. City's compensation to Contractor under this Agreement will not exceed the sum of $11,400.00. 4. 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. 5. 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. Such noticing does not include day-to-day communications between City's and Contractor's project managers. Notice sent by mail will be addressed as follows: Agreement No. 7128 Agreement No, Attention: Jeff Schmitz Attention: Rachel Cummings SoCal Surfaces Inc. City of El Segundo, Tennis Center 135 W. 155th St. Gardena, CA 90248 Sheldon St. El Segundo, CA. 90245 949-322-8786 310-524-2363 jeff@mcwilss.com rcummings@elsegundo.org B, When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In 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. 6. Assignability, The expertise and experience of Contractor are material considerations For this Contract. Contractor must give its personal attention to the fulfillment of this Contract and at all, times keep all portions of the work under its full and complete control and direction. Neither party to this Contract may assign or transfer any of the interest or obligations set forth in this Contract without the prior written consent of the other party, and any attempt by either party to assign or transfer any of their respective rights, duties, or obligations under this, Contract is void. 7. Work Performance, Contractor Must, at its own proper cost and expense, do all work and furnish all materials, equipment, toois, apparatus, facilities, labor, transportation, and incidentals necessary to construct and complete the assigned workWork must be done to the full satisfaction of City in accordance with the highest standard prevailing in the trades. Only materials and workmanship of the first quality may, be used, For the purposes of this Section, the, term "highest standard prevailing in the trades" means a standard having such regularity of observance in the trades so as to justify an expectation in Contractor's performance of the work done. City inspection is, limited to a general review for conformity to requirements and does not relieve Contractor from its sole responsibility for the work product provided. Prevailing Wages. A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, Contractor must pay its workers prevailing wages. It is Contractor's responsibility to interpret and implement any prevailing wage requirements and Contractor agrees to pay any penalty or civil' damages resulting from a violation of the prevailing wage laws. 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, Prevai(ing, wage determination at http,llwww.dir,ca,gov/D,LSR/PWD. Contractor must post a copy of the prevailing rate of per diem wages, at the job site. Agreement No. 7128 Agreement No. C. City directs 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 must also fix the ratio of apprentices to journeymen that wiU 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: i. When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. 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. v. Contractor is required to make contributions to funds established for the administration of apprenticeship programs if Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are rnaking such contributions. vi. Contractor and any subcontractor roust comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. viL Information relative to apprenticeship standards, wage schedules and tither requirements may be obtained from the director of Industrial Relations, ex officio 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 diem wares paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection caf 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. 9. Protection of Property, City makes no warranty that it has full legal right to authorize Contractor's entry to various property sites,, and Contractor assumes full responsibility thereof.. Contractor agrees to secure owner's permission before entering said property sites, take all Agreement No. 7128 Agreement No. reasonable precautions to prevent damage to property (both visible and concealed), and insofar as is practicable, restore property to its pre-existing condition before completing work. 10 11 Indemnification, A, Contractor indemnifies and holds City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance except far such tioss or damage arising from City's sole negligence or willful misconduct. 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 counsel 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. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement, D. Execution of this Contract is conclusive evidence that Contractor agrees that the indemnification provisions set forth in this Section are intended to be as broad and inclusive as is permitted by law; and that if any sentence, clause, phrase or other portion of these Section provisions is held invalid, then the balance will, notwithstanding, continue in full legal force and effect. Insurance. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, Contractor will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: iyaq2f Vnurance Business autonnobile liability Workers compensation MRAMMIMMM $2,000,000 $1,000,000 Statutory requirement. Agreement No. 7128 Agreement No, B, Commercial general liability insurance vain meet or exceed the requirements of 1,90-CGL Form No, CG 00 01 11 85 or 88. The arvount of insurance set forth above will be a combined single lirnit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. UiabiRy 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 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 Linder 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:Vll." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage, Contractor \01 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. 12. Term. The term of this Agreement will be from 1111012024 to 11/16/2024, unless otherwise terminated pursuant to Section 13, below. 13. Termination. A. City may terminate this Contract at any time, with or without cause, by providing written notice of such to Contractor. B. Except where a Faithful Performance Bond or other security instrument has been issued guaranteeing the faithful performance of work, Contractor may terminate this Contract at any time, with or without cause, by providing written notice of such to City. C. In the event of termination of this Contract, compensation for work in progress is limited to the percentage or progress completed as of the date of termination. Agreement No. 7128 Agreement No. 14. Non -appropriation of Funds. Payments due and payable to Contractor for current services are within the current budget and within anavailable, unoxheuatadand unencumbered appropriation mfthe City, In the event the City has not appropriated sufficient funds for payment ofContractor services beyond the current fiscal year, this Agreement will cover only those costs incurred opto the conclusion mfthe current fiscal year, 15. Taxpayer Identification Number. Contractor will provide City with a Taxpayer Identification Number. 18 Third Party Beneficiaries. This Agreement and every provision herein iogenerally for the exclusive benefit of Contractor and City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of Contractor's or City's obligations under this Agreement. 17. Waiver. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be n waiver of any subsequent breach of the aarna or any other term, covenont, or condition contained in this Agneament, whether ofthe same or different character. 18. 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 0r against either party. 19. Severable. If any portion of this Agreement is declared by a cmurt of competent jurisdiction Lnboinvalid orunenforceable, then such portion will be deemed modified tothe extent. necessary in the opinion of the court to render such wtimn enforceable and, as so modified, such portion and the balance ofth�is Agreement will continue imfuNforce arid effect. 20. Captions. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 21. Interpretation, This Agreement was drafted in, and will be construed inaccordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 22. Authohty/YNod|fi cation. The Part/as 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. 23. Compliance with Law. Contractor agrees to comply with all fadonm|, state, and (oom( /axvo applicable tothis Agreement. 24. Acceptance mfElectronic Signatures. In accordance with Government Code § 16.5. the Parties agree that this Aonoennent, agreements ancillary to this Agnaannent, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of o party is delivered by electronic transmission. Such electronic signature will Agreement No. 7128 Agreement No. be treated in all respects as having the same effect as an original signature 25, Effect of Conflict. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, or notice to proceed, the provisions of this Agreement will govern and control. 26. Captions. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 27. 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 Parbes' control, then the, Agreement will irnniediately terminate without obligation of either party to the other, 28. Entire Agreement. This Agreement and its exhibits, constitutes the sole agreement between Contractor and City. To the extent that there are additional terms and conditions contained in an exhibit 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. [Signatures on Next Page] Agreement No. 7128 Agreement No. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO SoCal Surfaces Inc ly �n, s, and Library Director ATTEST: Tracy Weaver City Clerk ,'-iSrant Patterson, President OeriPatterson, Secretary Taxpayer ID No. 26-0233911 APPROVED AS TO FORM: MARK D. HEN jVai CITY ATTORNEY By: Joaquinuez, AT City Attorney icom)k "Ppy�-4 (I 494� Agreement No. 7128 EXHIBIT "A" Contractor's Scope of Work and Pricing SoCal Surfaces Inc. 135 W. 1 55th St, Gardena, CA 90248 www.mcwilss.com Proposal/ Contract Project Address City of El Segundo, Tennis Center 401 Sheldon St, El Segundo, Ca. 90245 ATTENTION Connie Thrasher PROJECT BIDDING Pickle Ball Court Agreement No. SoCal Surfaces Inc Integrity, Commitment, Excellence SCOPE OF WORK Resurfacing of (1) outdoor Pickle Ball Court Exclusions Contact, Jeff Schmitz jeff@mcwilss cam 949-322-8786 Power Wash Courts to remove all loose debris Patch and repair all cracks larger than 1/4" usmgi patch binder Apply two coats of Plexipave, Acfyfdt x Sports System, 100% latex acrylic, mixed with #90 silica sand. Lines to be Wax acrylic Iine paint, painted for Pickle Ball Court Colors Same as existing Drawings. Birdbath Corrections, additional concrete/asphalt work 79446 9/25/2024 NOTES: 1. We cannot quarantee against the occws once of arty new spalls or pop outs. 2. In the resurfacing over previously coated courts„ SoCal Surfaces shall not be responsible for delamination caused by previous coatings nor delamination's or discoloration of the surfacing caused by the leaohing of irnpurities from within the stab or sub grade- 3 Surface materials are durable, but not permanent and will fade, erode and otherwise deteriorate over time and with use. Client agrees and understand that said surface shall require replacement or refurbishment in the future and that this contract does not include such replacement of refurbishment. SURFACING MATERIAL WILL NOT KEEP CRACKS FROM APPEARING OR REAPPEARING 4 Owner to insure irrigation /sprinklers are shut off for duration of work, to prevent water on court. 5 Structuraf cracks war hanrtM'ne cracks'wp)l always comeback and most of the time immediately. These can be repaired temporarily, but will ultimately come back Cracks are formed due to the movement of the slab, expanding and contracting if there is a weak point in the slats itself Even when the rnethod of repair is done„ the crack could re -appear, as every court reacts differently in the movement of the slab itself 6 Acrylic surfacing at saw -cuts and expansion joints may crack, as it does not flex at the same rate as caulking/crack filler material. .7, Squeegee marks, tines or swirls ace atvw'ays wsibie in the a tilt:abon process, but will fade over time 0. Acceptance of substrate riot within 1r8 ` in 17 using a 10° straight edge B Unobstructed vehicular access to each court us guaranteed by owner until completion of work Owner to provide storage area for materials, eleclricilyy, durnpster .and potable water supply within 1001' of court(s). 10 insurance requirernents outside of So, Calexisting coverage will be an additional charge, 11 Ovjr)er is solely responsible for any CYly permits. 12 Warranty All materials and labor are guaranteed for one (1) year from date of completed work. However, So. Cal Surfaces Inc. cannot guarantee and specifically disclaims any warranty against normal cracking of concrete or concrete cracking due to causes beyond So. Cal Surfaces control This includes (but no limited to) Acts of God, soil movement, drainage problems 13 Upon acceptance of bid, this proposal becomes part of the contract We propose to furnish materials, equipment and labor complete in accordance with the above specifications for the sum of US Dollars: Agreement No. 7128 $11,400,00 Estimate Valid For 30 Days 4fTo accept this proposal and proceed with scheduling, sign below and return: Rachel Cummings Name City of El Segundo 1018/24 Organization Date