CONTRACT 4180 Maintenance and Repair Agreement CLOSEDMAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
LVI SERVICES
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 25th day of
July, 2011, by and between the CITY OF EL SEGLINDO, a general law city and municipal
corporation ( "CITY ") and LVI SERVICES, an environmental services company
( "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 712512011, to 913012011. 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.
R. 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 S 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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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 § 17732, 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
httR://www.dir.ca.gov/DLSRIPWD. 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.
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4180 .
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.
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.
E. 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:
T Re of Insurance Limits (combined single)
Commercial general liability: $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
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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.
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.
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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.
INDEMNIFICATION.
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 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. 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 Iimits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and arty 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 Iimitation, to the provisions
concerning indemnification.
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X180.
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 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.
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
wi H be addressed as follows:
To CITY: Attn: Julie DeZiel, Human Resources
City of El Segundo
350 Main Street
El Segundo, CA 90245
To CONTRACTOR: Attn: Jose Alonso
718 N. Hariton Street
Orange, CA 92868
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.
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 same or any
other term, covenant, or condition contained in this Agreement, whether of the 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 construed either for or
against either party.
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41dU.
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.
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.
IS. 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 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.
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 Agreement.
22. 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 parry to the other.
23. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting lead based stabilization. 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.
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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
a general law city.
Douglas Willrnore,
City Manager
ATTEST:
Cin ,.w.
Cityr, °�..
.... _ ,
President
Secretary
Taxpayer ID No. ' 3441445'37
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July 20, 2011
Ms. Julie DeZiel
City of El Segundo
350 Main Street
El Segundo, Ca, 90245
Re: Mold Remediation & Asbestos Abatement Proposal
Main Hallway South of Human Resources
El Segundo City Hall
Proposal Number:
Dear Ms. DeZiel
r• r r s wvrrr' a/vr.M r�car
718 N. Hariton Street
Orange, CA 92868
Tel: (714) 639 -7600
Fax: (714) 639 -7606
www.lviservices.com
Via Fax: (310) 322 -6053
LVI Environmental Services, Inc. appreciates the opportunity to quote on the above referenced project. All work
will be done in accordance with the Federal, State and local guidelines.
LVI Environmental Services, Inc., proposes the following Scope of Work for the above referenced location:
I . Mobilize and poly set up work area.
2. One pass through of hand sanding and HEPA vacuum the existing mold al'fected wood studs along the west
wall of the main hallway south of the Human Resources Department. Approximately 18 linear feet
3. Abate the asbestos floor mastic, where the floor tiles ate missing, approximately 4'x4'
4. HEPA vacuum and wet wipe the work area.
5. Breakdown set up, general clean up and demobilize.
Please note this proposal dews not include any dehumidification equipment. 11' additional drying time is requiled via
this equipment, LVI is to be reimbursed at rate of $50.00 per clay.
This Scope of Work is based on the following clarifications:
• Any work outside the listed scope of work will be done on a TAcM basis.
• Price quoted remains in effect for a period of 10 days, after which LVI will be allowed to review its
proposal for possible cost adjustment.
• Price includes one mobilization and is based on uninterrupted and continuous work.
Regulated work areas are assumed to be vacant during abatement activities. All landscaping, fencing,
removable obstructions to scope will be removed prior to our start.
A lay down area shall be provided for material and equipment; adequate electrical and water outlets near
the immediate work area shall be designated for the duration of the schedule.
° Our price includes packaging, transportation and disposal of microbial waste. LBP is not included in our
price unless it is included in our Scope of Work listed above.
• LVI will stage all equipment necessary for the execution of our work immediately near the building
perimeter and will need to do so from 8:00 am to 5:00 pm Monday through Friday for the duration of our
work in all regulated work areas. Please note that our equipment may need to be parked in portions of
traffic areas in order to perform our work.
Hazardous Remediation, Demolition 8t: Fireproofing Services
State Lic. #518740
•A
El Segundo City Hall, Mold & Asbestos
Proposal Number P 11 -312 -003
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7/20/11
■ LVI will not he responsible: for the reo cure nee of niuld.
LVI cannot guaraince to eliminate all mold sports but to bring &a,vc,[r: Liu 1.11 or i'mcllow ullic a ut ^wfidu c oii,lu u,4
sample level.
Due to the nature of microbial remediation clearances may not be obtained during the original remediation
process. In order to obtain clearance levels additional clearances may be necessary.
s LVI will not be responsible for damages to surfaces caused by installation of containment or removal
procedures.
■ All work will he done in a neat and workmanlike manner.
LVY.% pricing in this proposal is based on no Reiainage._
• This proposal and all its qualifications shall be incorporated as part of any agreed contract and tiny changes
will he mutually agreed upon and incorporated into the final contract.
nee Orders:
A Change Order is dment to the contractor signed b "A ' and Contractor that authorizes a
change in Work or an adjustor Contractor 5 ont'act Time. Client may request a change
order for a change in the Work, but such c er shall not be effective or become part of a contract
until accepted and signed by the C or. Contract _tied to a change order for delays encountered
in the Work, for conceal sown, or unusual conditions, for , rk actually performed, and for
new or addition rnmental requirements concerning or affecting the h become effective
durin ntract Time, that in the Contractor's judgment, makes the Work more ex urdensome,
me consuming.
�tion of Liability:
0Um00,
Contractor and Client °.d e, by "Limitation of Liability" provi they have read and
understand this provision and that ssly agree, afte 1 - ength negotiation, that Contractor's
liability for any injury to property or person arts or relating to Contractor's Work under this
Contractor, including without limitati i ity relating to it not exceed $5,000 or the contract
whom he is sa � greater
This Limitation of'Liability includes liability for dui behall•aitd all others for
stem, whichever is agrees to this Limitation or Liability di
W nogligen , dudes
lial r "gross negligence or willful misconduct of Contractor.
(1) a
Should an d !o the work being perf initiated by any third party against concerning matters
ou an claim, suit or roc
orme, mplete 1 u suant to this Agreement or (2)
related to the work being performed or work truant to this Agreement but absent any
claim of negligence or willful c e part of LVI then the m r s to be liable to LVI for any
losses, damages, expenses incurred by LVI as a result of such claim, su ° ^eding and
agrees t emnify and save LVI harmless on account of any such losses, damages, costs air
L DAMAGES:
Neither LVI nor the Client sha the of /q S Vffiiequential losses or damages, whether
arising in contract warranty, tort t liability or otherwise, including but not
limited to lose s t s, business, reputation or in
Hazardous Remediation & Demolition Services
State Lic. #518740
El Segundo City Hall, 4ol 9 Abes10g1 ,
Proposal Number P 11-312-003
Paae 3 of 3
7/20/11
Insurance & Bonding:
LVI provides CCL/Pollution /Professional Liability with limits ol'$2 million per occurrence and $10
million per project aggregate for bodily injury and property damage. Automobile Liability with limits of $1
million combined single limits for bodily injury and property damage and Workers Compensation Part "A"
- Statutory limits and Part "B" Employers' Liability of $I million per occurrence. In addition to these
primary coverages, LVI provides Excess Umbrella Liability ol'$ 25 million which follows form of the
primary policies. 'These coverages are issued through Chartis Environmental Insurance Company who has
an A.M. Best Rating of "A" XV. LVI has a bending line capacity in excess of $200 million with Arch
Insurance Company which has an A.M. Best Rating of "A" XV.
■ pm it is performance , services covered and cl to ` ' egal or
li• a dis le Rio the rformance of the
other costs are incurred, recovery of all reasonable
costs incurred in the
sc of acs staff time at current billing rates, court
and other claim related expenses.
— LVI Environmental services shall per the laws of
Preliminary Notice to
as so
Proposed fee for these services is as follows:
D Duration of Work:
Lump sum price for the work will be:
Respectfully Submitted,
LVI Environmental Services, Inc.
,� W,t!0
Jose Alonso
Estimator/Project Manager
�'°rrat'teaee a
payment, LVI shall provide
2 Days
$ 2,200.00
ACCEPTANCE; The above proposal, including Scope of Work, Procedures and Terms and Conditions is hereby
accepted. LVI Environmental Services. Inc. is authorized to proceed with the work as specified.
Accepted By:
Name
Title
PO #
Company
Date
Hazardous Remediation & Demolition Services
State I.ic, #518740