CONTRACT 4638 On Call Agreement CLOSEDAgreement No. 4638
ON -CALL SERVICES AGREEMENT (CARPENTRY SERVICES)
BETWEEN
THE CITY OF EL SEGUNDO AND
BINO CONSTRUCTION
(Awarded per Public Contract Code §§ 20160, et seq.)
THIS MAINTENANCE, REPAIR and ON -CALL SERVICES AGREEMENT
( "Agreement ") is made and entered into this 6th day of March, 2014, by and between
the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and
BINO CONSTRUCTION, a California Sole Proprietorship ( "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 for
CONTRACTOR's services not to exceed the hourly rates shown in Exhibit
A and the amount shown in Section 5(B). CITY will pay for work on the
basis of the hourly rates and cost reimbursement rates as specified in
Exhibit 'A" and the project specifications, Exhibit "B," which are
incorporated by reference. A three percent (3 %) annual increase will be
applied to the base bid fixed and /or hourly rates for services for each year
of Year 2 through Year 5 of this Agreement if the options to renew the
contract are exercised for those years.
2. TERM. The term of this Agreement will be from April 1, 2014, to April 1, 2015 with
four one -year options. The City Manager, or designee, may exercise such options on
CITY's behalf at his or her sole discretion.
3. SCOPE OF SERVICES,
A. This Agreement may be used for "maintenance services" which include
the following:
Routine, recurring, and usual work for the preservation or protection
of any publicly owned or publicly operated facility for its intended
purposes.
ii. Work performed to keep, operate, and maintain publicly owned
facilities; and
Agreement No. 4638
iii. Carpentry and other craftwork as needed to accomplish the
maintenance tasks;
B. CONTRACTOR will perform the services listed in attached Exhibit B. The
provisions contained in this Agreement supersede any conflicting
provisions in Exhibit B.
C. Maintenance, repair and on -call services required by CITY will be provided
on an as- needed basis with CITY determining and advising
CONTRACTOR as to when specific services are required to be performed
or completed by CONTRACTOR. Requests must be memorialized using a
notice to proceed that may be in the form of a purchase order. The
provisions contained in this Agreement supersede any conflicting
provisions in a purchase order issued for maintenance services.
D. 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 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 /DLSR /PWD. 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
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Agreement No. 4638
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:
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
H. 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 estab-
lished 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, 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.
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Agreement No. 4638
5. PAYMENTS.
A. For CITY to pay CONTRACTOR as specified by this Agreement,
CONTRACTOR must submit a detailed invoice to CITY.
B. CITY's City Manager may make payments up to twenty thousand dollars
($20,000.00) for on -call and emergency special work not specifically
defined in the project scope of work and services. Payments for special
work will only be made after CITY issues a written notice to proceed for
the specific special tasks. This Agreement takes precedence over any any
terms and conditions set forth in a notice to proceed. A written scope of
work, an agreed upon additional fee, a schedule for starting and
completing the special tasks, and an agreed upon extension of the time for
performance, if needed to complete the special work, will be required
before CITY issues a notice to proceed for special work. All special work
will be subject to all other terms and provisions of this Agreement.
6. 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;
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.
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Agreement No. 4638
7. 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)
$2 Million
$1 Million
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.
F. Primary Policies. All policies required above are to be primary and non-
contributing with any insurance or self- insurance programs carried or
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Agreement No. 4638
administered by City,.
G. Self- Insured Retention /Deductibles. All policies required by this
Agreement must allow City, as additional insured, to satisfy the self -
insured retention ( "SIR ") and deductible of the policy in lieu of the
CONTRACTOR (as the named insured) should CONTRACTOR fail to pay
the SIR or deductible requirements. The amount of the SIR or deductible
is subject to the approval of the City Attorney and the Finance Director.
CONTRACTOR understands and agrees that satisfaction of this
requirement is an express condition precedent to the effectiveness of this
Agreement. Failure by CONTRACTOR as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City
pay the SIR or deductible on CONTRACTOR's behalf upon the
CONTRACTOR's failure or refusal to do so in order to secure defense and
indemnification as an additional insured under the policy, City may include
such amounts as damages in any action against CONTRACTOR for
breach of this Agreement in addition to any other damages incurred by
City due to the breach.
8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 7
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.
9. 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 CITY's termination under this
Section.
W,
Agreement No. 4638
10. 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 for 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 must defend CITY (at
CITY's request and with counsel satisfactory to CITY) and 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. CONTRACTOR agrees and understands that its violation of any Labor
Code provision regarding payment of prevailing wages can result in fines
or damages being levied against City. CONTRACTOR specifically agrees
that the indemnification and defense obligations set forth in this Section
include payment of any fines, penalties, or damages that might arise out of
this Agreement or the public works contract administering construction of
the Project.
D, The Parties agree that this section will remain in full force and effect after
termination or expiration of this Agreement.
E, CONTRACTOR expressly 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
agreed that the balance will, notwithstanding, continue in full legal force
and effect. The requirements as to the types and limits of insurance
coverage to be maintained by CONTRACTOR, and any approval of such
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.
11.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.
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Agreement No. 4638
12. 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:
To CITY: Stephanie Katsouleas, P.E.
Department of Public Works
City of El Segundo
350 Main Street
El Segundo, CA 90245
To CONTRACTOR:
James Michael McNary
BINO Construction
9520 Topanga Canyon Blvd., Ste. 204
Chatsworth, CA 91311
(323) 935 -4800
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.
13.TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
14. 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.
15. 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.
16. 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.
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Agreement No. 4638
17. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
18. 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.
19. 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.
20.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.
21.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.
22. 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.
23. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience
of reference only and will not affect the interpretation of this Agreement.
24. 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.
25. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting Elevator Maintenance,
Repair and On -call Services. To the extent that there are additional terms and
conditions contained in Exhibit "B" 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.
Agreement No. 4638
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY E;nt;
UNDO
Greg Car mes Michael McNary
City Ma
au BINO Construction
ATTEST:
Tray ''er,
Coi Cler
APPROVED AS C F
MARK D. HEN EY—�,
By: A �"
Karl H. Berger,
Insurance Reviewed by:
Taxpayer ID No. - d'L9. 0 '50
Business License No, .
State License No. (,el s3co
rney
nt City Attorney
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Agreement No. 4638
EXHIBIT A
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Agreement No. 4638
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Agreement No. 4638
EXHIBIT B
SCOPE OF SERVICES
1 -0. CARPENTRY SCOPE OF SERVICES: The services requested would be similar to
the general carpentry services provided by the contractor in the normal course of
business. General carpentry work shall not include major structural work that requires
architectural or engineering design. General carpentry jobs may include both interior
and exterior work.
1 -1. Services shall also include, but not be limited to, the following City needs:
a. Troubleshooting and repair of general carpentry problems
b. Performing general construction and /or repair services — cabinetry, crown
molding, sheet rock, building renovations indoor /outdoor: materials, demolition,
and installation
c. Performing painting /staining services — indoor or outdoor facility, park restrooms,
fencing, etc.
d. Performing flooring services — installing carpet, VCT, linoleum, tile, wood:
materials, demolition, and installation
e. Performing minor carpentry adjustments that are mostly cosmetic such as move a
non - structural wall, build a pony wall or repair /replace countertop
f. Building a custom platform for desks
g. Building a small bookcase, a small storage space, building shelving
h. Performing minor repairs such as carpet or tile patches with related baseboard and
moldings
i. Performing minor patching and repairs of walls, ceiling, roof, trim and fascia
j. Caulking and /or waterproofing
k. Performing small interior and exterior jobs
1. Hanging and replacing doors
m. Performing pre- and post- construction cleanup and associated debris removal
n. Performing other minor cleanup, punch list and debris removal;
o. Performing minor electrical, plumbing, or concrete work only when associated
with above work
p. Performing glazier, roofing, tile setting when associated with above work
q. Performing layouts, wood and metal framing, finish work and other carpentry
work as required by the Facilities Maintenance Supervisor
r. Providing minor building maintenance, repair, renovations, and construction
services for (1) service calls and (2) projects
1 -2. The above is not intended as an exhaustive list. The scope of work will be determined
on an as requested basis. It is expected that the successful contractor will be able to
make good carpentry repairs to any portion of the City facilities, interior or exterior on
an emergency basis.
350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300
Agreement No. 4638
1 -3. The service company's principal business shall be the installation; repair, service,
inspection and testing (as necessary) of facilities and materials associated with general
carpentry services.
1 -4. The service company shall own and operate a fully licensed independent or fully
licensed franchised carpentry company, and shall be fully experienced to perform
general carpentry services in the City.
350 Main Street, El Segundo, CA 90245 -3813 (310) 524 -2300