CONTRACT 4435 Maintenance and Repair Agreement CLOSED 4 4 3 5
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
ORTCO, INC
dry �ro
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 10th dav of
June, 2013, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation ("CITY") and TCO, INC, a California for profit Corporation
(6'CONTRACTOW').
The Parties agree as follows-
CONSEDERATION.
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 CONTR ACT OR's invoice.
2. TERM. The term of this Agreement will be from June 10, 2013 to September 30, 2013. 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.
13. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment. 0
, 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
Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It
is CONTR ACT OR's responsibility to interpret and implement any prevailing
Page 1 of 8
4
wage requirements and CONTRACTOR agrees to pay any penalty or civil
damages resulting from a violation of the prevailing wage laws,
13 In accordance with or Code§ 1773.2,copies of the prevailing rate of per them
wages are available upon request from CITY's Engineering Division or the
website for State of California Prevailing wage detennination at
ht
CONTRACTOR must post a copy of the
prevailing rate of per them 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,
Page 2 of 8
4
vii. Information relative to apprenticeship standards,wage schedules and other
requirenients may be obtained froni the Director of Industrial Relations,
ex-officio the Administrator of Apprenticeship, Sail Francisco, Cahl'bmia-
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 them 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 J.,,abor LaNv Enforcement. If rcqueAe d 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 siteand is or will be fully acquainced
with the conditions there existing. before commencing the scmices hereunder,
Should CONTRACTOR discover any latent,or unknown conditions that ri-lay
materially affect the performance ofthc 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 effecti-vc, C'ONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
1'yq�Lgfl t us unat ice jjAr
Lt5_(cornbined sinide)
Commercial general liability- $1.000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement,
Page 3 of 8
4 �4 t 5 4z
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CL 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 injUr`y., personal
injury, and property darnage 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 deerried"prinilary"
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 I (A ny 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 born thne to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:V1U' 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 certiricaes 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 CONTRACTOWs
expense and deduct the cost of such insurance frorn payments due to
CONTRACTOR under this Agreement or terminate_
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement u nti 1:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
Z�
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 CON' RACT OR'5 own risk,
S. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of ter. ination will be in writing.
Page 4 of 8
4 4
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 to services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from Cl 's termination under this Section.
INDEMNIMCATION.
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 oft i
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 CI Y'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
pursuant to this Agreement, including,without limitation,to the provisions
concerning indemnification.
Page 5 of 9
4 4 130 5
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 perf*ormed for other employers while under contract with CITY. CONTRA( "I is not an
ag-ent or employee or C IT)' and is not entitled to participate in any pensiors plan, insurance,
bmius, or similar benefits CITY provides for its eniployces. Any provision in (his Agreement that
may appear to give CITN' the right to direct CONTRAC"FOR 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.
I O� NOTICES.
A All noticcs 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
Recreation and Parks Department
350 Main Street
El Segundo, CA 90245
Phone- 714-998-3998
Fax: 714-998-3996
To CONTRACTOR: Attn- Justin Parks
Ortco Inc
2163 N. Glassell St.
Orange, CA 92865
Phone. 714-998-3998
Fax: 714-999-3996
E. When addressed in accordance with this paragraph notices will be deeived, given,
upon deposit, in the (Jnited States mail, postage prepaid. In all other instances,
notices will!, be (1cerned 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.
0
I i. TAXPAYER IDENTWICATION NUMBER. CON'I"RACTOR 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 Agreetnen't wall -not be deerned to be a waiver ofany subsequent breach ol"the san-re or any
other term, covenant, or condition contained in this Agreement. whether of the sarric or diffc-rent
character.
Page 6 of 8
7 r.
13. CONSTRUCTION. 'The language of each part oft i t will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
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 oft is 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. WAIWR. 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.
18. ALI,rijoRiTY/MOI)IFICA'FION. This Agreement may be subject to and conditioned
upon approval and ratit'ication by the El Segundo City Council. 'I"his Agreement is not binding
upon CII'Y until executed by the City Manager. 'I'lic Parties represent and warrant that all
necessary action tins 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 Agreeniwt, and related docunients 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 %vill 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 AgreenlCul, 45 aitachnients'. the purchase order, or notice to proceed,the
provisions ofthis 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. F0RCE'M-AJEUR1,"— Should pet,(bri-nance of this A greement be prevented due to fire, 0 ood,
explosion, war, terrorist act, ernbargo, government action, civil or military authority, the natural
elements or other sit-nilar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party 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
Page 7 of 8
44 � 5
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.
fN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
;CIT ' OF EL St"'GUND(
a cra� 'city.
(ite "a
I rper -r.
anager
ATTEST:
Secretary
Taxpayer ID No. u11 95
Traby ftWe _
City Clerk
APPROVED AS TO FORM:
MARK D. IIJEN 'LEY, (City Attorr ,,y
'Y
By: 6__"
4__ �
..........
wt
Karl H. 3erg
ger, Assistant City AtIA-,)rt ey
Page 8 of 8
EXHIBIT A
SCOPE OF SERVICES
ORTCO, INC. shall furnish the following specifications and cost, all material, labor
including prevailing wages,equipment,transportation, and perform all work necessary to
complete the repairs to the pour in place surface in the upper playground at the George E.
Gordon Clubhouse in Recreation Park (300 block E. Pine Ave):
1. Repair rubber cracks and holes with blue/black material
2. Surface to be installed per specifications as a varying thickness pad to meet CPSC
and ASTM F1292-04 for impact attenuation.
3. Price is for rubber surfacing and minimal sub base material.
COST: $ 'iSo
PAYMENT TERMS: Net 30 days upon completion of work approved by the City
4 Lj 5
. 2
.........
Licenn#6576913
2163 N.Gkmll Stree
Orange,CA 92865 DATE QUOTE#
714-990-3998
714-996-3996 fax 6/3/2013 2013-433
NAME/ADDRESS
C�WOF EL--Z&JN(>O
GARY OCHWAT
PROJECT
REC PARK
ITEM DESCRIPTION QTY COST TOTAL
RUBBER REPAIR RUBBER REPAIR AS FOLLOWS:REPAIR CRACKS AND HOLES WITH BLUE/BLACK 980.00 980.00
RUBBER REPR EX SURFACING"N Or INSTALLEb PER SPECIFICATIONS AS VARYING I lAICKNE5$PAD FO ME.E I'
CP5C STANDAR05 AND ASTM FIZ9Z.04 FOR IMPACT ATTENUATION, PRICE RS FOR WJBBFk
SURFACING,A140 MINKMAL SUP-BASE MATERIAL SITE WOP K,A.5nlALT,CONCRETE,SORUER 5,
'(VR8S,roRAN40,ETC,APR exameo
SQUARE FOOTA U- S ARE LSTIMATFS BASED UPON DRAWINGS 09 MEASUREMENTS SUBMITTED
TO ORTCO,I X, ACTUAL ARE-AS FRE'QUEN'TLY"VARY,IW.AFfORE C$TTMATf;15 PRrCE0 ON A,
PAXEIS,F.DA$15 IF THE AREA EXCEEDS THE MINIMUM Of W SQ FT FINAL BIWN6 SHAH-N-
REFLECT ACTUAL AREA SURFACM TWj.UbTW ANY TUAW-0-00W'N Eba-S.
IF YOU HAVE ANY QUESTIONS PLEASE CALL.7U5_UN PARKS AT 714,998.3998 TOTAL
SIGNATURE