CONTRACT 4961 CLOSEDAgreement No. 4961
MAINTENANCE AGREEMENT
BETWEEN
THE' CITY OF EL SEGUNDO AND
WEST COAST NETTING, INC.
T141S MAINTENANCE AGREEMENT ("Agreement ") is made and entered into this lst day of
October, 2015, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ( "CITY") and WEST COAST NETTING, INC, a joint venture ("CONTRACTOR!).
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration:, CONTRACTOR agrees to perform the wort; listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions containers 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 sucli amount promptly;
but not later than thirty (30) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from September 3, 2015 to September 30, 2016.
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 othet personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, tesfing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be. fiunished 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 CONTRACTOWs responsibility to interpret and implement any prevailing
wage requirements and CONTRACTOR agrees to pay any penalty or civil
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Agreement No. 4961
damages resulting from a violation of the prevailing wage laws.
B. In accordance -Mth Labor Code § i 773.2, 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
1 ,:/ %vw v.clir.ca,(ov/DL aR/PWD. CONTRACTOR must post a copy of the
prevailing rate of per diem wages at the j ob site.
C. CITY directs CONTRA.CTOR's attention to Labor Cods §§ 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 fig; the ratio of apprentices to journeymen that will be used in the
performance ofthe 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 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 r30 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 fiends 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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Agreement No. 4961
ex- officio the Administrator of Apprenticeship, Satz 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
M. 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
CONTRACTOTs 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:
vac otInzsurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined sinsyle
$1,000,000
$1,000,000
Statutory requirement,
13. Cornrnercial general liability insurance will meet or exceed the requirements of
ISO -CGL Forms No. CO 00 01 11 85 or 88. The amount of insurance set forth
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Agreement No. 4961
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 "primar} '
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 411
not be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C. Automobile coverage will be written on 180 Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
D. CONTRACTOR will finmish 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. TERMINI ATION.
A. Except as otherwise provided, CITY may temtinate 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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Agreement No. 4961
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.
INDEAUN ICATION.
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 tlus 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 Iiabilities and obligations otherwise assumed by CONTRACTOR
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
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
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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 playa, 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 CONTIACTOR 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
will be addressed as follows:
To CITY: Attn: Mark Trujillo
City of El Segundo
350 Main Street
El Segundo, CA 90243
Phone: 310 - 524 -2716 or 310 -524 -2882
Fax: 31.0- 647 -4223
To CONTRACTOR: Attn: Kim Wirth
West Coast Netting Inc
5075 Flightline Dr.
Kingman, AZ. 86401
Phone: 800 -854 -5741
Fax: 928 -692 -1501
B_ When addressed in accordance with this paragraph, notices I.vill 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 whore notices are
to be given by giving notice in the manner prescribed in this paragaph.
11. T A YLi R IDENTIEi IC.ATION NUMI3ER. CONTRACTOR will provide CITY with a
Taxpayer IdentificationNumber.
12. AVAIVER. 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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Agreement No. 4961
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. WA.1VER. 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
1S. AIITHORIT / ODIFICATION. 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 Patties 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. ACCEP'T'ANCE OF FACSUMLE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
wiitb 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 NMJEURE. 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.
23. ENTIRE AGREEN1MNT. 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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Agreement No. 4961
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinaiiove written.
CITY OF
a general
Greg
City .
Insurance Reviewed by:
ATTEST:
Tr c ;nvez
ty Clerk
APPROVED AS TO FORM:
MARK {Il LEY City Attorney
By.
David H.King, Dena: -Cjty Attorney
President
Secretary
Taxpayer ID No. 33- 0259372
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Agreement No. 4961
Scope of Work for
Netting Project at Campus El Segundo
The Contractor shall provide cost estimates for the following Work in accordance with the terms and
conditions of the Agreement:
Pro "ect - Secilic Sc e
• Remove all existing netting material and any associated fastening hardware above the four goals
and fence behind the goal areas at Campus El Segundo.
• Install 4 (four) upper soccer safety nets behind each goal with new custom made K21T x 4"
treated soccer netting with new cables and hardware. Netting will be attached to existing poles.
• Install 4 (four) lower Lacrosse safety nets behind each goal with new custom made K36T x 1 -1/2"
treated Lacrosse netting 10'x 130'. Netting will be lashed onto existing vertical fence with new
hardware.
Contractor's Lump Sum bid shall provide for all material, equipment, tools, labor, and incidentals
required to entirely complete the project to the City's satisfaction.
• Provide City staff with a construction schedule at least two weeks prior to beginning work.
• Coordinate all work and any construction changes with City staff.
• Dispose of all construction waste /debris in accordance with applicable law and environmental
regulations.
• Work is to be performed by personnel with the proper certifications for the project.
• Work shall occur on Monday through Friday between the hours of 7:00 am and 4:00 pm
• Work shall be completed thirty (30) calendar days from the Notice to Proceed date.
General Scope
• Repair /replace any City property damaged during the project to City's satisfaction.
• Obtain a No -fee Encroachment permit.
• Provide proof of required insurance endorsements and business license.
• Adhere to requirements of City Agreement. Prevailing wages are applicable.
• Adhere to SB 854 requirement as necessary.
• Bids over $25,000 require a Performance Bond and Labor and Materials Bond upon award.
• Bids over $45,000 shall also be accompanied by a 10% Bid Bond upon bid submittal.
• Contractor shall provide proof of required endorsements and business license upon award.
• Contractor shall obtain a No -fee Public Works Encroachment Permit prior to beginning
construction.
• Contractor shall provide City staff at least forty -eight (48) hours to answer Request for
Information or change order request.
• Contractor shall not proceed with any construction for which a change rc to RIAW IUYb #eWl
made until a Change Order Agreement has been completed. Five percent of the bid amount will
be retained until all punch list items are completed on the project and all permits are signed off.
Provide Additional Cost Estimates
0 All additional cost estimates shall include any labor, materials, and activity cost necessary to
fully construct or install the item per the scope and any attachments to it.
Attachments
0 Sample city agreement
WEST COAST NI ETTING
5075 FLIGHTLINE DR.
KINGMAN, AZ 56401
TOLL FRE& S0N54 -5741
FAX µ2S 697 -1 1
TO:
QUOTATION — QUOTATION - QUOTATION
El 'Segundo CANT. US
Attn: GARY OCHWAT
Re: Behind the goal Safety ?Netting
Fax r;r:
Phone #: 310 - 863 -05 ')7
Agrf-edeMn R'o'
. 4961
QUOTATION
#MH-060915.PV
1I~ c iOn . an WTerms
Daa9 .t_e . - � 1..5� �. Estimated SI ft Da 34 weeks TBz
7617 W-
I
l Custom made and installed K2 IT x 4" treated soccer netting. Remove and Install 4 511,440.00 $11,440.00
(four) UPPER soccer safety nets which are behind each goal respectively. All I new
cable and hardware included.
.
9!
7
1 'Custom made and installed 36T d a
K x 1 -1 /2 treats Lacrosse netting 10 x 130'. 4
$ ,6ii0.00 x,600.00
Remove and Install 4 (four) LOITER nets which are behind each goal respectively.
Netting to be lashed onto existing vertical fence.
I ABOVE WORK An-TR PREVAILING WAGE 51,060.00 $1,060.00
Gary has communicated to the (wcn) that `they' (city of El Segundo) will provide
cones, delineators, light board for the durations of this project. COED will also
submit for the `Traffic Plan' as well as sidewalk closure /encroachment. City will
set up and tear down at the end of each respective work day.
SALES TAX NOT INCLUDED AND IS AVAILABLE UPON REQUEST.
EXCLUSIONS; TRAFFIC Fl LANE CLOSURE SERVICES. OUNDS, 7ERM,IIS.DFF HAUL DF SPOILS. WCH 221AIRE9 HO LAIAGUY SHOULU DAMAGE
RESULT IN THE NORMAL COURSE OF WORK WHILE ACCESSING THE UNSITE. VEGETATION AND LAND SCAP11113 WHICH LAY AR ACENTTO
OR CONTAINED WITHIN THE WORK AREA IS HOT WARRANT IEO AGAINST OAM.AGE.ANYAND ALL TREES, SHRUGS. FLOWERS, GROUND
COVERINGS, DRAINAGE, COLVERFUERENT /PLASTIC VAULTS,IRRIGATION ARE NOT WARRARTIED ADAINST DAMAGE RESULTING IN THE
NORMAL COURSE OF WORK HEREIN.
QUOTATION — QUOTATION -QUOTATION Agreement No. 4961
Above Prices Good For 20 clays Signature: Jeff UHes