CONTRACT 4056 Service Agreement CLOSED01/ 2012010 15:43 323513462
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AGREEMENT
]BETWEEN
THE CITY OF EL SI:GUNDO AND
A -1 STEEL FENCE CO INC
THIS AGREEMENT ( "Agreement ") is made and entered into this 14th day of January, 2010, by
and between the CITY OF ET., SEGUNDO, a. general law city and municipal corporation
("CITY") and A -1 Steel pence Co. Inc., a for profit-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 CONTRACTOR's services. CI'T'Y will pay such amount promptly,
but not later than thirty (30) days after receiving CONTRACTOR's invoice.
2. TERM. Tb.e term of this Agrecment will be from January 14, 2010, to September 30, 2010.
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 r =rill, 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 othenvisc expressly specified to be rurnished 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.
A. Pursuant to Labor Code § 1.720, 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.
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B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem
wages are available upon request froin CTTY's Engineering Division or the
website for State of California Prevailing wage determination at
httv://www.dir,ca._()ov_ /www.dir.ca,17ov ,LSR/.__0. CONTRACTOR must: post a copy of the
prevailing rate of per diem wages at the job site.
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 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:
VV7ien 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 fiends 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 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,
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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 lceep an accurate certi ficd payroll
records showing the name, occupation, and the actual per diem wages paid to
each worker employed in connection with this Agreement. The record will be
kept open at all reasonable hours to the inspection of the body awarding the
contract a.nd to the Division of Labor Law Enforcement. If requested by CITY,
CONTRACTOR must provide copies of the records at its cost.
S. FAMILIARITY WITH WORD.
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 perfonmed; 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
inun.ediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until. written instructions are received from CITY.
G. INSURANCE.
A. Before commencing perfonnanee under this Agreement, and at all other tianes 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:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined single)
$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
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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.
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:VTI." Certiflcatc(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 airy notice provisions.
B. 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 proofof insurance as required under Section 6 of this
Agreement; and
$. CITY gives CONTRACTOR a written Notice to .Proceed.
C. Should CONTRACTOR begin. work in advance of receiving written authorixa.tion
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 tennination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
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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 terns services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's germination under this Section.
INDEMNII+ICATION.
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 ha7n-trdous 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 counsel satisfactory to CITY) and will indemnify CITY
for any judgment rendered against it or any sums paid out in settlement or
otherwise.
P. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and volunteers.
C. CON"T"RACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by t:lie law o.r
the State of California and that if any portion is held invalid, it is 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.
El . 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 1 imitation, 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 conlTact with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled 1:0 participate in any pension plan, insurance,
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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 CTTX:
To CONTRACTOR:
City of El Segundo
350 Main Street
El Segundo, CA 90245
A -1 Steel Fence Co. Inc
4661. Telegraph Road
Los Angeles, CA. 90022
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United Stales mail, postage prepaid. In all other, instances,
notices will be deemed given at the tune of actual delivery.
C. Changes may be made in the navies 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 saute or any
other term, covenant, or condition contained in this Agreement, whether of t:he 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 eonstiued either for or
against either parry.
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.
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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 SIGNA'T'URES. 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
facsimile transmission. Such facsimile 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 Agreemcnt.
22. FORCE MA,TCURE. 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 CITE'' respecting lead based stabilization, To the
extent that there are additional terns and conditions contained in Exhibit "A" that are not in
conflict with this Agrmncnt, those terms are incorporated as if fully set forth above. '!here are
no other understandings, terns or other agreements expressed or implied, oral or written.
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IN WITNrSS WHEREOF the parties hereto have executed this contract the day and year
first hercinabove written..
CITY OF EL SEGUNDO
a general law city.
.Tack Wayt,
City Manager
ATTEST:
Cindy Moi
City Clerk
APPROVED A 1'O ,
MARK D. I•I.. L _ it Att fin
By: _
Kar II. Berger, Assis it it Attorney
Y�.
President
Taxpayer ID No.
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4-4 Steel �ei1Ce Coo? Inca
December 18, 2009
PAGE 02/06
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t4k
...The Fence Spedeliet8...
Chain Link - Decorative Iron - Block - Wood - Electric Oates
Complete tine at Premium & Extended Warranty Fencing
4 -
City of El Segundo
150 Illinois 5t.
EI Segundo, Ca. 90245
(310) 524 -2709 fax (310) 414 -0911
Attn: Mr. Gary Ochwat
Re: Recreation Park Fencing
We are pleased to provide a proposal for the following Installation and repairs:
1. Upper Ball field:
A. Remove existing top rail and wire for two dugout fences
8. Weld 2'fi" sleeves to Increase post height to 8' (14 total)
C. Paint existing posts
D. Install new 15/8" o.d., sch. 40 top rail
E. Install new end post to increase fence length by l0' on each dugout
F. Install new bottom rail to new 10' sections of fencing
G. Install new 110'x8' chain link wire across posts
- 9 gauge, 2" mesh galvanized wire
Total for upper field only: $2,885.00
11. Install new 12'x5'6" chain link to lower ball field V base dugout:
A. Install new 2 7/8" o.d., sch. 40 end post
B. Install one 2 3/8" o.d., sch. 40 line post
C. Install 15/8" o.d., sch. 40 top rail and bottom rail
D. Attach wire to existing posts and new post
Total for lower field only: $875.00 (when done In conjunction with other work. Add $200.00 if
done alone)
4661 Telegraph Rd., Los Angeles, CA 90022 (800) 8943362 Fax(323)261-3462 sales Oal steeltence.com
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