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CONTRACT 4915 Maintenance and Repair Agreement CLOSEDAgreement No. 4915 BET111'EEN THE CITY OF EL SEGUNDO AND A-1 ENTERPRISES INC. DBAIA FEVCE C4011PAV, THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 20"' day of August, 2015, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("CITY") and A-1 ENTERPRISES INC. DBA A-1 FENCE COMPANY, a California for profit Corporation ("CONTRACTOR"). I 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 SU111 basis an arnount 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 frorn August 20, 2015 to September 30, 2016. The Agreement may be renewed upon mutual consent of the parties. WIFE 4. PREVAILING WAGES. A Pursuant to I,abor 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 implernent any prevailing Agreement No. 4915 V, 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 CONTRACTOR must post a copy of the prevailing rate of per them wages at thejob site. C CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 arl 3098 concerning the employment ofapprentices by CONTRACTOR or any subcontractor. I When employment in the area of coverage by thejoint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number mf apprentices in training in the area exceeds a ratio of one to Five, or iii. When the trade can show that itim replacing o1 least |/38ofits membership through apprenticeship training onun annual basis sta8e'vvhiu or locally, or iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of [lot less than one apprentice to eightJOUrneymen. CONTRACTOR is required to make contributions to funds established registered apprentices orjourneymen in any apprenticeable trade on s;�ch Agreement No. 4915 A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has Thoroughly investigated and considered the scope of services to be performed, MIM Hi 11 Understands the facilities, diffiCi and restrictions attendi performance of the services under this Agreement. ii k Before commencing performance under this Agreement, and at al I 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: I I low Irralvi'm ,il W?M? )MRri 91YR Workers compensation $1,000,000 $1,000,000 Agreement No. 4915 ,% -itten on ISO Business Auto Coverage Form CA 00 Automobile coverage will be wi 0 1 06 92, including symbol I (Any Auto). 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 underthis Agreement unti I: A. CONTRACTOR furnishes proof uf insurance aa required under Section ho[this Agreement; and I III =111111111 [Illig C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. A Except as otherwise provided, CITY may terminate this Agreement at any tirne with or without Cause. Notice of termination will be in writing. Page 4 of 8 Agreement No. 4915 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 • its own terms services similar to those terminated. III I �61141 jr0j_qWV1 K 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 R alance w notwithstanding, continue in full legal force and effect, D. It is expressly understood and agreed that the foregoing provisions wil I survive termination of this Agreement. 9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the Agreement No. 4915 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 ♦ addressed as follows: To CITY: Attn: Mark Trujillo City of El Segundo 350 Main Street El Segundo, CA 90245 Phone: 310-524-2716 or 310 -524 -2882 Fax: 310-647-4223 13 When addressed in accordance with this paragraph, notices will be deemed givell upon deposit in the United States mail, postage prepaid. In all other instances. notices will be deerned given at the time of actual delivery. C. Changes may be made in the names or addresses of persons ♦ whorn 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 ♦ any term, covenant, or condition contained in this Agreement will not be deerned ♦ ♦ a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the sarne or different character. 13. CONSTRUCTION. The language of each part of this Agreement will be construed simply either party. Agreement No. 4915 Agreement No. 4915 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY (��; � SI���1�9 1DO ATTEST: .....��_ Ci C6eak I � cii dent° id.h.� "taxpayer Ili No. 33- 0259372 Agreement No. 4915 Offl= 711*630-3390 2831 E. La Cresta Ave. Fax: 714-630-6013 orner- "run fir.o.,; 800-43960l4 Anaheim, CA 92806 Fax - Toll free: 800-606-6013 ESTIMATE and/or CONTRACT M ,FROM ..... . ..... . . . . . . ......... folloksling informalk)n outlino",� Ibc scope of wmk we �ntend to bid or Im'Mdo, for this project and our profinkinary 140•off esfimatrmq. Please kolvmo us it (ropan6c-A, rquirc other items of inuit,0 or have Wdifionol nvxk, inforn-ation or addenda. —Te`5—CrTPt Item # on Uliff-6mensure uiliffocy— --�6jj;-1UnTt- otlt I %00 ............. . $0.00 ... . .. . ......... — . . . ........... .m__ . ........... . ..... . . ...... $0.00 . . . ... . ........... . ---- $0.00 ... . .. ...... $0.00 . ..... Y®RK­1kOR­E �NELS $18.921 00 - — — -- -------- -- - — - --- --- . . .... — W00 a ) remove haul'28-81l ir gi i,pIneN . . . ....... . ..... FROM ,T HEDATE S1 I® NMPYK sa 001 In I furnish, ins� t 21 i'ron' &n'e19___- 1!� SEE ATTACHED DRAWINGS FOR ADDITIONAL INFORMATION (IF APPLICABLE) '_) .... . . .... .. . ........... e I install 71 owner furnished nanels . — - - — — -------- $000 . ............ . -- .............. inid rail 60'keach $0.00 of the 41 i,t�rs1 arenas $0.00 ..... . ..... soko %00 THE ABOVE PROJECT WILL BE COMPLETED USrNG $0.00 PREVAILINQ WA6fi, LABOR S0.00 S0,00 . ......... — ....... S0,00 ........ . ......... $0.00 0 E . . . . ... ... ... ..... .......... .............. . ...... ............ . . . . . su�00 . . ........ . ...... .10.0-0 . ........ . . $0.00 $0.00 $0.00 suo U) t —AL,� $18,921.00 BE zp ..... . ..... $0.00 $0,00 %00 ............. . $0.00 $000 -- - — - --- --- . . . ....... . ..... FROM ,T HEDATE S1 I® NMPYK SEE PACE FOR INCLUSIONS AND EXCLUSIONS TO THIS ESTIMATE (N /A) SEE ADDITIONAL PAGE(S) FOR ADDITIONAL TERMS AND CON BIT IONS FOR FENCING AND GATE AUTOMATION, AS APPLICABLE, SEE ATTACHED DRAWINGS FOR ADDITIONAL INFORMATION (IF APPLICABLE)