CONTRACT 3986 Maintenance and Repair Agreement CLOSEDf C
3986.
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
GREEN VISION PARTNERS
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 23`d day of
June, 2009, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ( "CITY ") and Green Vision Partners, 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. CITY will pay such amount promptly,
but not later than thirty (30) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from June 23, 2009 to September 30, 2009. 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.
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
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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 diem
wages are available upon request from CITY's Engineering Division or the
website for State of California Prevailing wage determination at
http: / /www.dir.ca.gov /DLSWPWD. 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:
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 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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3986.,.1
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 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 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
i. 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 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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3986
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 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
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3986
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 CITY's termination under this Section.
9. 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.
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 certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
10. 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.
11. 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: City of El Segundo
150 Illinois Street
El Segundo, CA 90245
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3986 . .4
To CONTRACTOR: Green Vision Partners
31103 Rancho Viejo Road #D2222
San Juan Capistrano, CA 92675
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.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. 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.
14. 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.
15. 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.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. 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.
18. 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.
19. 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.
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20. ACCEPTANCE OF FACSIMILE SIGNATURES. 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.
21. 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.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
23. 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.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting providing and installing drains. 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.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
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ATTEST:
-� 'XY�CS✓l� _
Cindy l4k `
1
-City Clerk
APPROVE.-
MARK D. ,
By:
Kar
J
iey
:ity Attorney
GREEN VISION P
Signed:
Title:
Taxpayer ID No.: —7? 7 -12,96 3 5 2
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EXHIBIT A
3986.
(.'RF' f
Phone: (800) 278 -7189 Fax: (949) 481 -2204
Company Name: City of El Segundo
Attn: Gil Busick
Unit Install
I Purchase Price
Billing Address:
Shipping /Delivery Address:
$ 100.00
$ 630.00
150 Illinois Street
Storm Station 16
$ 100.00
$ 630.00
El Segundo, CA 90245
407 Eucalyptus X Holly
El Segundo
Phone: 310 - 524 -2754
Fax:
Storm Station 16:
Qty
Product Description
Unit Install
Purchase Price
1
Drain 1- 42" Custom Streamhawk
$ 80.00
$
315.00
1
Drain 2- 168" Custom Streamhawk
$ 250.00
$
1,260.00
Equipment
$
1,575.00
Tax
$
129.94
Installation
$
330.00
Subtotal
$
2,034.94
City Hall:
Qty
Product Description
Unit Install
I Purchase Price
1
Drain 5- 84" Custom Streamhawk
$ 100.00
$ 630.00
1
Drain 6- 84" Custom Streamhawk
$ 100.00
$ 630.00
tquipment
_5
1,260.00
Tax
$
103.95
Installation
$
200.00
Subtotal
$
1,563.95
Terms: I Grand Total $ 3,598.89
1. Orders must be signed by a duly authorized representative of the company.
2. Orders not paid for by cash or credit card are subject to credit approval from GVP.
3. If credit is extended by GVP, all payments are due upon installation or receipt of equipment.
4. Customer is responsible to review and approve all equipment specifications, services covered and inlet locations prior to installation.
5. Each maintenance includes the physical cleaning of the Streamhawk unit and cleaning the area directly around the drain inlet.
6. Quote includes standard installation.
7. Customer is responsible for theft or vandalism while equipment is on site.
8. This quote is valid for thirty days.
9. If encroachment permit or any other is required please add cost of permit +$200.00.
Payment Method: Authorized Agent Information:
Credit Card # Name:
Check # Title:
Purchase Order # Phnna it
Signature
Customer sign off:
I have reviewed the above proposal including the equipment to be used, the services to be provided
and the recurring monthly rental items (if any) and I give my consent for this quote to be executed
and will pay for said items and services per the approved payment method referenced above.
If credit authorization is required, I will provide the necessary information to GVP and credit approval will
be necessary prior to the order being placed.
Quote provided by:
Dan Mueller
949 - 870 -6456
Green Vision Partners
Customer Signature
www.greenvisionpartners.com
CITY OF EL SEGUNDO
PROCUREMENT ANALYSIS
STREAMHAWK DEBRIS GUARD
Requesting Department: Public Works
Division: Facilities Maintenance
3986 . , I
Scope of Work: Purchase and Installation of "Streamhawk Debris Guard" for Storm
Drains (See Attached)
Estimated Cost: $4,300 (See Attached)
Public Works Contract? No; See PCC 22002:
Applicable PCC: 22002.
(a) "Public agency," for purposes of this chapter, means a city, county, city and
county, including chartered cities and chartered counties, any special district, and any
other agency of the state for the local performance of governmental or proprietary
functions within limited boundaries.
(d) "Public project" does not include maintenance work. For purposes of this section,
"maintenance work" includes all of the following:
(1) Routine, recurring, and usual work for the preservation or protection
of any publicly owned or publicly operated facility for its intended
purposes.
(5) Work performed to keep, operate, and maintain publicly owned water,
power, or waste disposal systems, including, but not limited to, dams,
reservoirs, powerplants, and electrical transmission lines of 230,000 volts and
higher.
Prevailing Wage Requirements? Yes. See LC 1771:
Applicable Labor Code: 1771. Except for public works projects of one thousand dollars
($1,000) or less, not less than the general prevailing rate of per diem wages for work of a
similar character in the locality in which the public work is performed, and not less than
the general prevailing rate of per diem wages for holiday and overtime work fixed as
provided in this chapter, shall be paid to all workers employed on public works.
This section is applicable only to work performed under contract, and is not applicable to
work carried out by a public agency with its own forces. This section is applicable to
contracts let for maintenance work.
Procurement Requirements: Informal Bidding Process
ESMC 1 -7C -3:
Public Project means "maintenance work" as defined in PCC 22002(d) above.
ESMC 1 -7C -4:
The City Manager may solicit bids, award contracts up to $10,000 and execute contracts
for public projects.
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CITY OF EL SEGUNDO
PROCUREMENT ANALYSIS
STREAMHAWK DEBRIS GUARD
CONCLUSION:
The following contract should be used for the Scope of Work described above:
ES — Maintenance Contract with Prevailing Wages
Bond and Insurance Requirements: Same as for Public Works Contracts
G /L: $1 million
Auto: $1 million
W /C: Statutory
Prepared by: Angelina Garcia, Fiscal Services Manager
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