CONTRACT 4457 Maintenance and Repair Agreement CLOSEDAgreement No. 4457
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
ORTCO, INC
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 1Qth day of
June, 2013, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ( "CITY ") and ORTCO, INC, a California 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 (3 0) days after receiving CONTRACTOR's invoice.
2. TERM. The terra of this Agreement will be from June 10, 2013 to September 30, 2011 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 worts 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
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Agreement No. 4457
wage requirements and CONTRACTOR agrees to pay any penalty or civil
cs r m
datnav resulting fro a violation of the prevailing wage laws.
,
13, In accordance with Labor Code § 1773.2, copies of the prevailing rate of per them
waves are available upon request frorn CITY's Engineering Division or the
website for State of California Prevailing wage deLen-nination at
CONTRACTOR must post a copy of the
prevailing rate of per d1ein 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 prentice
tradesmen in any apprenticeship occupation to apply to the joint an ID
, ship
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:
When ernp] ovilient 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
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 CO-NITRACTOR employs
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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 oflapprentices.
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Agreement No. 4457
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 ]seep 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 Lain Enforcement. If requested by CITY,
CONTRACTOR must provide copies of the records at its cost,
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
L 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 investi =ate 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:
Tyye of Insurance
Commercial general liability:
Business automobile Iiability
Workers compensation
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Limits (combined single)
$1,000,000
$1,000,000
Statutory requirement.
Agreement No. 4457
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Forni 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; ry, 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 caiiied 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 I (Any Auto).
D. CONTRACTOR will fumish 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 he 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
AD-cement; 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.
ulfffmffl�!<
A,. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
W-MIM:
Agreement No. 4457
B_ CONTRACTOR nzay terminate this Agreement upon provilding 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 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 termination under this Section.
INDEMWICATION,
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, except for such loss or damage
arising from CITY's sole negligence or willful misconduct. Should CITY be
named in any shit, 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 surns 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 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.
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.
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Agreement No. 4457
A. All notices given or required to be given pursuant to this Agreement will be in
V
-writing and may be given by personal delivery or by mail. Notice sent by mail
will be, addressed as follows:
To CONTRACTOR: -Attn: Justin Parks
Ortco Inc
2163 N- Glassell St.
Orange, CA 92865
Phone: 714-998-3999
Fax: 714-998-3996
B,i When addrossed in accordance with this paragraph, notices will be deerned criven
2:1
-upon deposit in the United States mail, postage prepaid. In all other instances,
Tiotices will be deemed given at the time of actual delivery.
limit I I 101WRIMMINVAI
11. TAXPAYER IDENTIFIC.kTION. NU-MBER. CONTRACTOR will provide CITY witl
Taxpayer Idi=;n6fication Nurnbbr. I
12. WAVER. A waiver by CITY of any breach of any tenu, covenant, or condition contained
other terni, covenan�, or condition contained in this Agreementwhether of the sarne or different
character.
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Agreement No. 4457
ll CONSTRUCTION. The language of each pail n{this Agreement will bc construed simply
and according to its fair ouemincl,, and this Agreement will never be construed either for or
against either party.
N. SEVERABLE. If any portion of this Agreement is declared by u court of competent
jurisdiction to be invalid or oocmtoncemb|c` dzeu such yodjmz A411 be dooncd cnodd5od to the
extent ucoeosm7 in the opinion of the court to render such portion enforceable and, as so
ouudifimd,such portion and the balance vf this Agreement will continue iu 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 bc deemed to constitute u
waiver of any other provision, nor wi|\ such waiver constitute o continuing waiver.
{7'E4TE5UPRE]CATJON' This /\gm:nnncutvvaudca±tc6in, and vviDbe construed inaccordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will hoio Los Angeles Cnun1y,
18.A]U7C0ORITY7MODIFIC&7O[ON. This Agcnunueot may he subject 10 and conditioned
upon approval and nydficutiwo by the El Segundo City Council. ThiuAoreeuoont is not binding
oDoo CITY until czcoutcd by the City Manager. The Parties represent and warrant that all
ooucmaory action has been 1mkcm by the Parties to authorize the ouderzigucd to execute this
Agreement and to cogage in the actionodumeibed bmneiu' This Agreement may bnmodified by
written agreement. C]TY^o city manager may execute any such amendment un behalf of[%T-Y.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents toho entered into ioconnection
with this Agreement will be considered signedwhen the signature of a party is delivered by
facsimile transmission. Such facsimile miamutzn: will be treated )n all respects uo having the
same effect uoou original oi�nature'
2O. EFFECT OFCONFLICT. ln the event ot any conflict, inconsistency, oriocon�nuitybo1v�o*n
any provision of this Agreement, its attachments, the purchase order, or notice bu proceed, the
provisions of this /\8m:omentni1i govern and control.
21. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience o[
reference only and will not affect the interpretation of this Agreement,
21 FORCEMA0E0RE. 8boo|d performance ofthis Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil ocm/Uiucyuutbmity, the natural
elements, or other similar ruuucm beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party iu the other.
23, ENTIRE AGREENTENT. This Agreement and its one attachment constitutes the an\e
a�,eomenthetveco CONTRACTOR and (�l]?�ncaPecbng lead based stabilization. To the extent
Agreement No. 4457
that there are additional terms and conditions contained in Exhibit "A" that are not in conflil"
with this Agreement, those terms are incorporated as if fully set forth above. There are no oth
understandings, terms or other agreements expressed or implied, oral or written. i
IN WITNESS WIAEREOF the parties hereto ha-ve executed this contract the day and year
first hereinabove written.
CITY0'ELSE 'NT)O
a gle, law
IV
.......... . . ........ — .... .. ... .
Greg rpente
c 4o, $ 4� " y
A'fTEST:
a We er,
IT
�y
C c I
APPROVED AS TO FORM:
41
... . ...... V,
S ecr Lary
MARK D. HENSLEY, City Attorney
By: REFER TO ATTACHED SIGNATURE PAGE �V
Kar]'Fl. Berger, Assistant City Attorney Q
2�
Agreement No. 4457
that there are additional terms and conditions contained in Exhibit "A" that are not in conflict
with this Agreement, those terms are iris -porated as if fully set forth above. There are no other
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understandin , terins or other agreements expressed or implied, oral or written.
I
IN WITNESS WHEREDF' the parties hereto have executed this contract the day and year
first hereinabove written.
CY1'Y OF r.L SEGUNDO . .....
a Z-weral law cit)"
. . ........ .
Greg Carpenter,
City M1111ger Pre 'adent,
Secralry
Owl-
Ta:xpaycr 11) No, 6 "' - 0 /w, �j a' 'Q
Tracy Mraver,
City
APPROVED AS 'I`0 FORM:
M A RK D NSL EY, Cily Attaaaw ey
Rad I N Berfxc I r, Assist C
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P
EXHIBITA-1
SCOPE'OF SFRV1Ct,,S
ORTCO, INC shall furnish tile following Specifications and coms,rill materiall. labor,
including prevai I ing Nvages, equipment, transport,,ifion and per lbrm all Nvork necossary to
('011,11flete the renloval and installation of basketball S) LCM at, the City's "feen Center
located at 405 E. Grand '
I , Remove two (2) existing btisketball systetim
2. Install and asseinble t%vo (2) baskeibill systems flint inck& Ntsketball
posts, nets and gonis.
1 Two (2) basketball systems to be provided by the City.
4 Orteo hic will provide equipment if excavation is neede&
TOTAL COST: $2,80O
PAYMEN'F TERMS, Net 30: days upon completion of %vork. approved by the City.
License #657695
2163 N. Glassell Street
Orange, CA 92865
714 - 998 -3998
714 -998 -3996 fax
Agreement No. 4457
Exhibit A -2 (Updated)
DATE QUOTE #
8/1/2013 2013 -461
PROJECT
TEEN CENTER
ITEM V DESCRIPTION I QTY 1I C05T I TOTAL
REMOVAL
REMOVE EXISTING BASKETBALL SYSTEM, OLD CONCRETE AND PREP FOR NEW.
2
500.00
1,000,00
BASKETBALL NETS AN_,
INSTALL AND ASSEMBLE OWNER SUPPLIED BASKETBALL POST, NETS AND GOALS, REINFORCED
2
900.00
1,800.00
WITH NEW BASE CONCRETE.
INSURANCE ENDORSE...
INSURANCE ENDORSEMENT
350.00
350.00
PRICES
PRICES ARE GOOD FOR 60 DAYS
EXCAVATION SPECIFI.,.
ANY EXCAVATION TO BE DONE BY MACHINE. ANY HAND EXCAVATION DUE TO UNDERGROUND
UTILITIES, KNOW OR UNKNOWN, WILL HAVE AN EXTRA CHARGE
EXCLUSIONS
EXCLUSIONS: PERMITS NOTINCLUDED. AREA TO BE CLEAR & LEVEL. UNDERGROUND
UTILITIES TO BE MARKED. NOT RESPONSIBLE FOR DELAYS CAUSED BY WEATHER,
IF YOU HAVE ANY QUESTIONS PLEASE CALL JANA BEIGHLE AT 714.998.3998 1 TOTAL $
3 150.00
SIGNATURE