CONTRACT 5266 Maintenance and Repair Agreement CLOSED Agreement No. 5266
MAINTENANCE,REPAIR,AND SERVICES AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
RUBEN CHAVARIN DBA ARC PLUMBING
THIS MAINTENANCE, REPAIR, and SERVICES AGREEMENT ("Agreement") is made and
entered into this 27th day of DECEMBER, 2016, by and between the CITY OF EL SEGUNDO,
a general law city and municipal corporation ("CITY") and RUBEN CHAVARIN dba ARC
PLUMBING("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, "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 an amount not
to exceed the hourly rates shown in Exhibit "A", and the project specifications,
.Exhibit `B", to a maximum annual amount of Twenty Thousand Dollars
($20,000). CITY will pay monthly amounts promptly, but not later than forty-five
(45) days after receiving CONTRACTOR's invoice.
2. TERM. The term of this Agreement will be from February 1, 2017,to January 31, 2018 with
two one-year options. The Agreement may be renewed upon mutual, written 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.
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
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Agreement No. 5266
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.
B. 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
http://www.dir.ca.gov/DLSR/PWD. 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.
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Agreement No. 5266
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.
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.
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:
l p�„cif InsLIrance limits(combined sin le)
Commercial general liability: $2,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
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
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Agreement No. 5266
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 unti l:
A. CONTRACTOR furnishes proof of insurance as required under Section 5 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 services are at CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any tune
with or without cause. Notice of termination will be in writing.
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Agreement No. 5266
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.
9. INDEMNIFICATION.
A, CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of this Agreement, or its performance,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 certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
10. 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.
11. 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:
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Agreement No. 5266
To CITY: Martin Whitehead
City of El Segundo
350 Main Street
El Segundo, CA 90245
(310) 524-2356
To CONTRACTOR: Ruben C. Chavarin
Are Plumbing
3124—B West Rosecrans Ave
Hawthorne, CA 90250
(310) 676-5400
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,
12.TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. 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.
14. 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.
15. 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.
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17.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.
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Agreement No. 5266
18. 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.
19. 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.
20. 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.
21. 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.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
23. 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.
24. ENTIRE AGREEMENT. This Agreement and its attachment(s) constitute the sole
agreement between CONTRACTOR and CITY with regard to Plumbing Maintenance, Repair,
and On-call Services. 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.
[SIGNATURES FOLLOW ON NEXT PAGE]
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Agreement No. 5266
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first hereinabove written.
Cll' (')F E'l, SI;C.it1 DO ("O1 si` " TOR
Clreg :.arp v(iter, Ruben, ",iva nt )d.,...,�....,.....�,.....m................._.
City allager Arc I)Itttltbin
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Taxpayer ID No. 624,,-1IT6-6166
C;/ty Clerk",I/Y
Business License No. 26155
State License No. 751088
APPROVED AS TO FORM:
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for
Mark D. I•Iensic ,
City Attorney
Insurance Reviewed By:
Y
Page 8 of 8
Agreement No. 5266
EXHIBIT A
ARCKUMBING
3124 W Rosecrans Ave. suite B Hawthorne, Ca. 90250
Office(310)676-5400 Cell(310)350-2459 Fax(310)676-5401
-: ::.. :: .:....... ........ - . .
.
WORK ORDERm:.W: - :.. .: ..::::. . ..:..:.-,.m-.. m�..:m..
To: CITY OF EL SEGUNDO Job Address: 150 Illinois Street
Att. Martin Whitehead El Segundo, Ca.90254
Scope of work:
We propose to shut off and drain main water system from building to remove main shut off
valves and all existing devices including pass by loop, replace all the above with new valves and
needed devices, reconnect to supply lines,pressure test all new installation at mechanical room
and complete all scope of work.
LABOR-------------------------------------.._._.._._-----__-_M--,.....-_.-_..-- ......_... -__........,_.._----$2,980.00
ALL NEEDED MATERIALS-----------------------------------------------------------------$4,190.00
fA9D
r
__...._..._..____W--___..—_. -----------------------._.._.._... -_ .. ....__.. ._m .,..__-__..____—__
T01"AL V'R 'POSAL AMOUNT $ 7,170,00
St.Lic.751088 WORK ORDED#0698 Date 12/20/16
THANK YOU
C'
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a
Agreement No. 5266
1113012016 Wed 15:23 ID:#29011 Page 202
EXHIBIT A
PRICE QUOTE
Phone 562-9215370
Fax 562-9215452
rt
ri,filfilh "'Mum%lia,@_
12127 Park Street,Cerritos,CA 90703 Page I
Printed 11/30/16 RH
Quoted Ship To
ARC PLUMBING SAME
3124 W. ROSECRANS AVE SUITE #C
HAWTHORNE CA 90250
Tel:310-350-2459 Fax:310-676-5401
quoto V G.L.D.L. SwP via
P019580 11/29/201E 12/29/2016 000162 2-1/2" AND 1" BEST WAY RM
2% 10TH NEI' 30(16) H
U Unj t��Pr
M�,
Plon,
212L 2 112" TYPE L HARD COPPER TUBE FT 10 14.732 147.32
W212CFPBV RED/WHITE #5595AB 2 1/2"CXC EA 1 211.733 211.73
FULL PORT BALL
VALVE
212CU 2-1/2" CXC. UNION FA 1 204.451 204.45
212CSC 2 1/2" CXC SLIP COUPL. EA 1 13.466 13.47
WLFN223B212 WATTS#2-1/2 LFN223B PRESSURE EA 1 : 2505.921 2505.92
WATER REG
Above is a special order
Non-Returnable item x:
212.3BRN 2 1/2 X 3 BRASS NIP EA 2 , 51.296 102.59.
212CFA 2 1/2 CXFIP ADAPT EA 21 79.444 158,89
212C90 2-1/2'r CXC 90 ELL FA 1 22.303 22.30
212.2CT 2-1/2" X 2" CXCXC TEE EA 1 50.198 50.20
2.IFCR 2"XI" FTGXC REDUCER EA 1 9.501 9.50
WICFPBV RED/WHITE *5595AD InCXC FULL EA 1 24-743 24-74
PORT BALL VALVE
ICU 1 C X C'UNION EA 1 19.557 19.56
WLFN45DUS1 WATTS #LFN45B-DUS 1" EA 1 142.686 142. 69
PRESSURE
REGULATOR
ICCV RED/WHITE #247 1" CXC SWING EA 1 26.055 26.0611
CHECK
VALVE
34MHB A/B # 351 3/4" MIP HOSE BIBB EA 1 12.267' 12.27
,Sub Total $3,651.69
Freight $0.00 , T o t a 1
X Misc Charges $0.00
(Accepted by) Tax Amount $328.65 $3,980.34!1
MESSAGE TERMS
--WFFY HOUDAYS-
CLOM SAT 12-241swww"1z-26-16
A SAT 1241-16 THRU NON 1.2.17
TRMK YOU WE APPRECIATE YOUR BUS)RES&
Agreement No. 5266
EX141BIT B
MAINTENANCE,REPAIR,and PLUMBING SERVICES RAT[-*'S
Company Na me:
Address:
j f'�"-/-- Tt A P J,
City/State/Zip.- 4--if ct L't, Ar"0,0 1': r, 9 o Z-
Desianated Contact:
Email: 1), 101711
Phone#: Cell Phone 9: 3W- 5D-0 AF-5-17
REGULAR OVERTIME OVERTIME OVERTIME
ITEM HOURLY WEEKDAY WEEKEND HOLIDAN'
NO. DESCRIPTION HOURLY HOURLY HOURLY
RATE RATE RATE* RATE
C-1 Supervisor/Site Foreman
C-2 Skilled Plumber
3C" L-
C-3 Plumber's Apprentice 7
y;- 75-
C-4 Laborer(skilled) Lto '70 G.
C-5 Laborer(unskilled) 3 G7,
C-6 Safety person/Crew leader I —
Other Labor Rate:Specify Type of WN.
Other Labor Rate:Specify Type of
C-8
Labor
350 Main Street. El Segundo.CA 90245-3813 1310)524-2300
Agreement No. 5266
EXHIBIT B
MAINTENANCE,REPAIR,and PLUMBING SERVICES RATES
REGULAR OVERTIME OVERTIME OVERTIME
ITEM WEEKDAY WEEKEND HOLIDAY
NO. DESCRIPTION HOURLY HOURLY HOURLY HOURLY
RATE RATE RATE* RATE
C-9 Minimum Hours(if any) 11) t
Markup percentage(%). if any.off
C-10 wholesale invoice cost for materials
will be /,j-/
C-I1 ..
Markup percentage %)for rented
equipment will be
C-12* A-1 n C-13*
C-14* ti1P—
Describe Discount Payment Terms if Applicable(e.g.discount on materials purchased from bidder,etc.):
,
Note: If Saturday and Sunday overtime hourly rates differ, please note the hourly rates
on a separate sheet for applicable Items C-1 through C-8
*"Note: Markup costs shall not exceed 15% of the original materials or rental equipment
cost to the contractor. Invoices for work performed shall require a copy of
materials receipt and a copy of the rented equipment receipt, if applicable, to be
included. Failure to provide cost-plus percentage for materials may result in an at-
cost payment from the City.
350,Wain Srreei, E1 Segundo,C9 90243-3813 (310)524-2300