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CONTRACT 4977 CLOSEDAgreement No. 4977 SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND NEP PAINTING CONTRACTOR INC. FOR RECREATION AND PARKS SOFT BALL SNACK SHOP EXTERIOR PAINTING PROJECT PROJECT NO. PW 16 -08A THIS SERVICES AGREEMENT ( "Agreement ") is made and entered into this 1st day of February 2016, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and NEP Painting Contractors, Inc., a California 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 in Exhibit A, attached; 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 `B," 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 February 1, 2016, to July 1, 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 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. Page 1 of 8 Agreement No. 4977 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. l3. 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 hU w//www diiwa� u,ov/1)l..SR/PW'1). 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: 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. Page 2 of 8 Agreement No. 4977 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. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has 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. 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: Type ofInsurance Limits (combined single Page 3 of 8 Commercial general liability: Business automobile liability Workers compensation Agreement No. 4977 $2,000,000 $1,000,000 Statutory requirement. & 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 0106 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. Page 4 of 8 Agreement No. 4977 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. 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 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 Page 5 of 8 Agreement No. 4977 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 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 will be addressed as follows: The City Stephanie Katsouleas Director of Public Works City of El Segundo 350 Main Street El Segundo, CA 90245 The Contractor, Nicholas E. Polakis President NEP Painting Contractors, Inc. 11024 Balboa Blvd. Ste. 733 Granada Hills, CA 91344 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. Page 6 of 8 Agreement No. 4977 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. 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. 16. 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. 17. 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. 18. 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. 19. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 20. 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. 21. 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 Exhibits "A" and `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. Page 7 of 8 Agreement No. 4977 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY tee!' EL SEGUNDO a gerl a' law cit Greg Ca enter, City Manager ATTEST: ,- ' City Lletls APPROVED AS TO FORM: MARK D. i-lE`NS EY, City Attorney By: for Karl H. Berger, Assistant City Attorney Insurance Reviewed by G� icholas E. Polakism President laanic Polakis Secretary Taxpayer ID No Contractor State License No.: Contractor City Business License No.: M EM Page 8 of 8 Agreement No. 4977 EXHIBIT A RECREATION AND PARKS SOFT BALL SNACK SHOP EXTERIOR PAINTING PROJECT PROJECT NO. PW 16 -08A GENERAL SCOPE OF WORK 1. The work to be done consists of furnishing all labor, materials, tools, equipment, BMP implementation, and incidentals for the preparation and painting of the City Recreation and Parks Soft Ball Snack Shop Building. Under this project, the City is seeking qualified contractors to repaint all exterior plaster, stucco, concrete, masonry, wood, and metal building surfaces. Dunn Edwards products or equivalent approved product is specified to be used for this project per manufacturer specifications. Contractor shall supply to Engineer color samples of al l surface types and color palates as a submittal for approval by Engineer, prior to commencement of project. Upon approval, Contractor shall meet onsite with Engineer to test paint 1 square foot of each surface type and color palate for approval by Engineer, prior to commencement of project 2. All materials shall be brought to the jobsite in the original sealed containers. Materials' exceeding the manufacturer's recommended storage life shall be rejected. 3. Flammability, toxicity, allergenic properties, and any other characteristic requiring field precautions shall be identified and specific safety practices shall be stipulated. 4. Contractor shall use products of same manufacturer for all costs. LOCATION OF THE WORK ­4 Ot u y a GR.ND -E r rn�a+au� pia wrx soup q, pn wDwt•n avE Agreement No. 4977 EXHIBIT A GUARANTEE A one (1) year guarantee which commences on the date of acceptance against failure of all coatings shall be provided. Failure of any coating during the guarantee period shall be repaired by the Contractor who shall absorb all costs related to the repair of the coating. RIGHT OF REJECTION The Engineer shall have the right to reject all material or Work that is unsatisfactory, and require the replacement of either or both at the expense of the Contractor. PREVAILING WAGE AND DEPARTMENT OF INDUSTRIAL RELATIONS Dl� °Sly .5 REQUIREMENTS This project is subject to prevailing wage requirements. Also, the Contractor shall adhere to requirements of Section 1771, 1774 -1776, 1777.5,1813 and 1815 of the Labor Code. I . No contractor or subcontractor may be listed on a proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 2. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. 3. This project is subject to compliance monitoring and enforcement by the DIR. WORKING DAYS AND TIME FOR COMPLETION 1. Contractor will commence work on date specified in the Notice to Proceed to be issued to the Contractor by City of El Segundo Public Works Department and shall complete work within twenty (20) working days after the date of commencement. 2. Scheduling these projects is of high priority from commencement to completion. The project shall be planned so that exterior painting for one building is begun and completed before moving onto the next. Exterior painting can begin on the Notice to Proceed date agreed to by the Contractor and City staff. Two weeks public notice with signage is required to inform Recreation and Parks Department patrons prior to the front entrances being painted. Workdays and hours are Monday through Friday, 7 a.m. to 4 p.m. unless otherwise coordinated with City staff. Contractor must submit a detailed construction schedule to the City representative for review and approval prior to beginning the project. Alarmed accesses will be enabled and disabled by a City representative and thus requires proper notification and following the schedule. Contractor shall provide prior 24 hour notification to the City representative if a cancellation is expected. Contractor shall not work during the remaining City holidays: President's Day Monday, February 15, 2016 Memorial Day Monday, May 30, 2016 Independence Day Monday, July 4, 2016 Labor Day Monday, September 5, 2016 Veteran's Day Friday, November 11, 2016 Thanksgiving Day Thursday, November 24, 2016 Agreement No. 4977 EXHIBIT A NOTIFICATIONS The CONTRACTOR will notify all agencies listed here a minimum of forty -eight (48) hours before start of operation. The following list of names and telephone numbers are intended for the convenience of the CONTRACTOR and the City does not guarantee either the completeness or correctness of this list. OPERATION OFFICE TELEPHONE 1. Start of work, Arianne Bola, Public Works Dept. 310 -524 -2364 shutdown of work, or resumption of work after shutdown 2. Facilities Meredith Petit, Rec. and Parks 310 -524 -2880 3. Closing of streets El Segundo Police Department 310 -524 -2200 El Segundo Fire Department 310 -524 -2236 MOBILIZATION Mobilization shall conform to the provisions of Section 9 -3.4 of the Standard Specifications. The scope of work under mobilization includes but is not limited to: 1. Obtaining all required permits 2. Moving on to the site of all Contractor's equipment required for operations 3. Providing on -site sanitary facilities 4. Arranging for and erection of Contractor's work and storage yard 5. Posting all OSHA required notices 6. Submittal of Construction Schedule, Contractor Contact List, and Notices to City staff for City approval 7. Notification of residents and City employees and re- notification for schedule changes 8. Traffic control as required per W.A.T.C.H. manual 9. Coordination as necessary with the building occupants, with utility agencies, street sweeper, and waste hauler to avoid conflicts during project activities 10. Erection of scaffolding and other items to protect the public, to paint 11. Restoration of property to existing standard conditions upon demobilization 12. Removal of all formwork, nails, stakes, excess dried paint, and other construction debris from the project sites. 13. Demobilization Demobilization shall include all activities for the Contractor to remove all equipment, on -site sanitary facilities, etc. from the project areas after construction is complete. Demobilization shall also include general cleanup activities and specific punch list items and cleanup activities determined by the City staff or their representative, to repair or replace any private or public facilities damaged by the construction and return public right -of -way to the same or better condition as that existing prior to construction. Agreement No. 4977 EXHIBIT A MEASUREMENT AND PAYMENT Proposed Bid prices shall be complete for each bid item. All bid items shall cover the costs for all equipment, tools, materials, labor, coordination, mobilization, construction, incidentals, and demobilization activities required for each item. The contract unit price shall include cleanup, as well as restoration of public and private property, if damaged during construction, to the Engineer's satisfaction. Prior to construction, the Contractor shall verify all quantities listed and bring any discrepancies to the Engineer's attention. PROGRESS PAYMENTS AND RETENTION 1. Lump sum items shall be billed on a percentage completed basis. The City reserves the right to request a schedule of values to be submitted by the contractor for any bid item in order to determine payment for work completed. 2. Five percent (5 %) shall be deducted from each progress payment and retained by City until punch list are complete and all permits are signed off by the appropriate City representative. The remainder less the amount of all previous payments will be paid to the Contractor. 3. Payment of all, or any part, of an estimate in writing may be withheld on account of any of the following: Defective work not remedied; third -party claims against Contractor or City arising from the acts or omissions of Contractor or subcontractors; Stop Notices; Failure of Contractor to make timely payments due to subcontractors for material or labor; Damage to the City or other for which Contractor is responsible; Failure of Liquidated damages assessed; Any other failure of Contractor to perform its obligations under the Contract Documents. CONTRACTOR AND CITY BUSINESS LICENSES No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the State Business and Professions Code. For these projects, the acceptable license class is "C -33 ". The Contractor and his Sub - Contractors will be required to possess the correct license for their project classifications, as well as a valid Business License from the City of El Segundo. PUBLIC WORKS DEPARTMENT ENCROACHMENT PERMIT The Contractor will be required to apply and obtain applicable "no -fee" encroachment permit from the Public Works Department. The Contractor shall call the Public Works Inspector at least 24 hours in advance for inspections. All noted deficiencies on permits shall be corrected by contractor. The project will not be accepted as complete until contractor obtains a final sign -off for all permits. DATE: 12 -15 -2015 I - P OSA . PROPOSAL SUBMITTED TO: Nnnie: CITY OR EL gEmUNDO PUBLIC WORKS Alin; A1lomio Bola Adtlre6s: city: fit oaIldo State: CA Zip: 90746 iblephOne: 310 624.2364 l:AX: WA mom. Emoll - Agreement No. 4977 PROPOSAL NO: 261 WORK TO 13E PERFORMED AT! Email ABotatJoi-quaft.wit All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial and good workmanlike manner for the sum of $ 3,800 -00 ( Three a+ouswW eight hundred and 0on00 dollars) with payments to be made as follows: LUPAP SUM You, the homeowner (buyer) or tenant have the right to require the contractor to furnish you with a performance bond. You, the buyer, may cancel thts transaction at any time prior to midnigbi of the third business day after the date of this traosartion. Cancellation by the buyer after the right to rescind has passed, sholl be deemed a material breach of this apetment and entities the contractor to damges. Contractors arc required by lawn to be licensed and regulated, by the Coutructor's State 'License Board which has Jurisdiction to tavesti- gate complaints against contractors If a complaint regarding a patent act or omission Is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions conewaingacontractormaybereferredto the Registrar, Contractors'State Llces s eBoard, P. O .Bo:26000,Sacramente,California 95826, or call the CSLB at 1100 - 321 - CSLB (2752) or visit the CSLB Internet Web site at W, Wmesib,'ca.golr Respectfuily Submitted: Contractor's Name: N E P PAINTING CONTRACTORS, INC. Address. 11024 BALBOA BLVD STE. 733 By: NICHOLAS POLAKIS City. GRANADA HILLS State: CA Zip: 91344 Contractor's License #: 973759 Phone: 618.903.9396 FAX: NIA Email napptoftnacom Approval of Proposal, and desire to have Contractor prepare formal agreement: Date: NIA WA WA Note: This proposal may be withdrawn by us if not accepted within ao days. If this Bid - Proposal is accepted, work will commence approximately on or about 1.02-16 , and will be substantially completed approximately days thereafter. T MS BID - PROPOSAL IS NOT A CONTRACT. THIS BID PROPOSAL MAY ONLY BE ACCEPTED BY THE EXECUTION OF A WRITTEN CONSTRUCTION AGREEMENT SIGNED BY THE CONTRACTOR NO CONTRACT IS FORMED UNTIL A SEPARATE WRITTEN CONSTRUCTION AGREEMENT IS EXECUTED. 0 201 0 2013 Build" Book, Inc. Bookstore, PublbMr. AN rights reserved. www.buflderabookeom