HomeMy WebLinkAboutC-8632-1 - On-Call M/RSA for Fencing Services, Amendment No. 1-21
C 1 AMENDMENT NO. TWO TO
-,qy ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
Q0 WITH QUALITY FENCE CO., INC. FOR
v FENCING SERVICES
THIS AMENDMENT NO. TWO TO ON -CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this
14th day of March, 2023 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and QUALITY FENCE
CO., INC., a California corporation ("Contractor"), whose address is 14929 Garfield
Avenue, Paramount, California 90723, and is made with reference to the following:
RECITALS
A. On March 24, 2020, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform
on -call maintenance and /or repair services for City ("Project").
B. On March 22, 2022, City and Contractor entered into Amendment No. One to the
Agreement ("Amendment No. One") to extend the term of the Agreement.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to March 23, 2025 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 23, 2025, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Letter Proposal and the
Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by
reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Two Hundred Fifty Thousand Dollars and 00/100
($250,000.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Forty Thousand Dollars and 001100 ($140,000.00).
QUALITY FENCE CO., INC. Page 1
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
QUALITY FENCE CO., INC. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Dater
By. Q-
on C. Harp Am
Ity Attorney
ATTEST:
Date: `f1116
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
UUN 1 KAI: I UK: UWALI I Y rtINUt: UU.,
INC., a California corporation
Date:
Signed in Counterpart
Bv:
William Cavanaugh
Chief Executive Officer
Date:
Signed in Counterpart
Bv:
Frank Tobias
Secretary
[END OF SIGNATURES]
QUALITY FENCE CO., INC. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: �) Al Xz_3
By: Ajj a),
C�
on C. Harp AMi-
ity Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Noah Blom
Mayor
ATTEST: CONTRACTOR: QUALITY FENCE CO.,
Date: INC., a CcIlifoTnia corporation
Date: 5 ! a
By: B JI_
Leilani I. Brown AIliam Cava
City Clerk Chief Executive Officer
Date: 5 ,.2 d20a3
By:AOt_
F nk Tobias
Secretary
[END OF SIGNATURES]
_.......... .....
........._,_.�
QUALITY FENCE CO., INC. Page 3
M
N
AMENDMENT NO. ONE TO
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH QUALITY FENCE CO., INC.
FOR FENCING SERVICES
THIS AMENDMENT NO. ONE TO ON -CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this
22nd day of March, 2022 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and QUALITY FENCE
CO., INC., a California corporation ("Contractor"), whose address is 14929 Garfield
Avenue, Paramount, California 90723, and is made with reference to the following:
RECITALS
A. On March 24, 2020, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") for on -call maintenance
and/or repair services for City ("Project").
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to March 23, 2023.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 23, 2023, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 3%/zz
By:
ron C. Harp ti 3 •2z .� Z
City Attorney
ATTEST:
Date: cl. 17 2M2
By:MIA
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California mu icipaI corporation
Date:
By:
Gra . Leung
Cit anager
CONTRACTOR: QUALITY FENCE CO.,
INC., a California corporation
Date:
Signed in Counterpart
By:
William Cavanaugh
Chief Executive Officer
Date:
Signed in Counterpart
By:
Frank Tobias
Secretary
[END OF SIGNATURES]
QUALITY FENCE CO., INC. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 3A2/0-z-
I— A n
2
(q,k
in C. Harp nAA�/
Attorney
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
ATTEST: CONTRACTOR: QUALITY FENCE CO.,
Date: INC., a C lifornia corporation
Date: yI1.9
By: By:
Leilani I. Brown William Cavanaugh
City Clerk Chief Executive Offic
Date:
By: L"
Fr Tobias
Secretary
[END OF SIGNATURES]
QUALITY FENCE CO., INC. Page 2
Quality Fence Co., Inc.
(Contractors License 9382736)
14929 Garfield Avcnue, Paramount, CA 90723, 323) 585-8585, Fax 562 869-7804
Contractors are requved by law to be licensed and regulated by the Contractor's State License noard. Any questions concerning the responsibilities of a contractor may be referred to the Registrar of the
Board whose address is Contractor's state License noard, 1020 ti Street Sacramento, , `>5R LI
Date: June 22, 2020 Proposal written by Ty Cava4izuAgk
Job: Cable Fence near Yacht Club
Attn: Tom
Company: City of Newport Beach
Address:
City, State & Zip:
Phone: (949)644-3321
.As per terms and conditions set forth, we, Quality
Proposal:
Email: tsanderfurnewportbeachca.eov
propose to furnish and install lenses as per diagram plans and materials listed hereon. All work to be completed in a
Labor and material to install approximately 100' of 5 string cable -fence on wood posts.
Item #110 Cable Fence 100FT at 110.00/FT 11,000.00
Discount $1,200.00
Base Bid: $9,800.00
Aewfo . 4 P4gwd— "I'he above prices, specifications and condit ns are satisfactory an arc he y ac clued. You are authorized to do the work as specified.
Authorized SignatureT Date:
n(:RP:b:MENT
This is a contract between two parties and wi be effee a when accepted. Buyer agrees to clear and establish grade and fence lines before c nstruction. I ver to assume ILII
responsibility for any and all underground pi es, wiz and/or utilities of any type In the event the fence is not paid for within 60 does, seller has the title right to remove said fence
and return to company. In the event of conceit tion over agrees to forfeit ten percent of contract price to cover preparations made by Quality pence Co., Inc. Merchandise listed
hereon shall remain the property of the seller u paid for by cash at which lime 6lille will pass to purchaser. If the account is assigned to an attorney or collection agenev for
collection, then (he buyer agrees to pay reasonable attorney fees, court costs and other collection costs. In the event the buyer authorizes extra work other than stated herein, he
shall pay on the basis of labor and materials upon presentation of itemized statement. 1.5% interest due each month on unpaid balances after Jll days. purchaser and users of the
product known as Ultra Barrier and Razor Ribbon shall indemnify and hold Quality Pence Co., Inc. harmless from all losses and costs of defense arising from or after use of these
products. Phis proposal and its prices are void after 5 days.
ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH QUALITY FENCE CO., INC. FOR
FENCING SERVICES
THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 24th day of March, 2020 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and QUALITY FENCE CO., INC., a California
corporation ("Contractor"), whose address is 14929 Garfield Avenue, Paramount, CA
90723, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on-call maintenance and/or repair
services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 23, 2022, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall provide all tangible items and perform the on-call services
described in the Scope of Services attached hereto as Exhibit A and incorporated herein
by reference ("Services" or "Work"). As a material inducement to the City entering into
this Agreement, Contractor represents and warrants that Contractor is a provider of first
class work and services and Contractor is experienced in performing the work and
services contemplated herein and, in light of such status and experience, Contractor
covenants that it will perform all Services or Work in a manner commensurate with
community professional standards and with the ordinary degree of skill and care that
would be used under reasonably competent practitioners of the same discipline under
similar circumstances and that all materials will be of good quality. Contractor shall
perform everything required to be performed, and shall furnish all the labor, materials,
necessary tools, expendable equipment and all utility and transportation services
necessary for the Project. In consideration of the payment of the purchase price and
subject to the terms and conditions hereof, Contractor shall install fences (hereinafter
referred to as "Products") as listed and set forth in Exhibit A. Upon written request from
the Project Administrator as defined herein, Contractor shall provide a letter proposal for
Services requested by the City (hereinafter referred to as the "Letter Proposal"). The
Letter Proposal shall include the following:
2.1.1 A detailed description of the Services or Products to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
Quality Fence Co., Inc. Page 2
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed One Hundred Ten Thousand Dollars and 00/100
($110,000.00), without prior written amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated William Cavanaugh to be
its Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
Quality Fence Co., Inc. Page 3
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services or when installing Products under this Agreement. Any deviation
from the materials described in Exhibit A shall not be installed or utilized unless approved
in advance and in writing by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder, or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
Quality Fence Co., Inc. Page 4
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Quality Fence Co., Inc. Page 5
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Quality Fence Co., Inc. Page 6
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Quality Fence Co., Inc. Page 7
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
Quality Fence Co., Inc. Page 8
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: William Cavanaugh
Quality Fence Co., Inc.
14929 Garfield Avenue
Quality Fence Co., Inc. Page 9
Paramount, CA 90723
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
Quality Fence Co., Inc. Page 10
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
Quality Fence Co., Inc. Page 11
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Quality Fence Co., Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO EY'S OFFICE
Date: 0.0
By:
Aaron C. Harp
City Attorney j`u-
ATTEST: rp
Date: 020)-'0
By:
_4�44AJ-PO4",-_
Leilani I. Brown
City Clerk
EW POR
0
U r
cqr r�pt�'��P
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: Y-zs- /ZcaZ,o
By: -�% �•
Will O'Neill
Mayor
CONTRACTOR: QUALITY FENCE CO.,
INC., a California corporation
Date:
Signed in Counterpart
By:
William Cavanaugh
Chief Executive Officer
Date:
Signed in Counterpart
By
Frank Tobias
Secretary/Treasurer
[END OF SIGNATURES]
- Scope of Services
- Schedule of Billing Rates
- Insurance Requirements
- Labor and Materials Payment Bond
- Faithful Performance Bond
Quality Fence Co., Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTOREY'S OFFICE
Date:TZZZQ
By. C
Aaron C. Harp
��� City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONTRACTOR: QUALITY FENCE CO.,
INC., a California corporation
Date: April . 2ozo
By: wL
William Cavanaugh
Chief Executive Officer
Date: Apr-,( 2020
By:
Fra c Tobias
Secretary/Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D
— Labor and Materials Payment Bond
Exhibit E
— Faithful Performance Bond
Quality Fence Co., Inc. Page 13
EXHIBIT A
SCOPE OF SERVICES
Quality Fence Co., Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
ON-CALL FENCING MAINTENANCE/REPAIR SERVICES
General Requirements — On -Call Fencing Maintenance and Repair Services
a. Contractor shall provide and furnish labor, materials, special equipment,
and permits for the installation and repairs of wrought iron gates and fence,
the installation and repairs of chain link gates and fence, privacy mesh
fencing, Vinyl covered chain link fencing, wood panel fencing, horse trail
fencing and tension cables, and other fencing types, on city owned facilities
within the City limits of Newport Beach, California.
b. Contractor shall have the ability to modify or curtail certain tasks and
operations in a Letter Proposal accepted by City at the written request of
the City's Project Administrator.
c. Contractor shall maintain work areas with a well -manicured, clean
appearance, and all work shall be performed in a professional, workmanlike
manner using quality equipment.
d. Contractor shall be responsible for the demolition, removal, haul away, and
disposal of construction related debris and materials related to the
requested fence repair/installation work.
e. Contractor shall recognize that during the course of this Agreement, the City
may have other contractors conducting other activities and/or operations in
the immediate vicinity of requested work. Contractor shall make every effort
to coordinate activities with existing operations. Other activities may
include, but are not limited to, the following:
i. Landscape refurbishment;
ii. Modification or repair of existing facilities;
iii. Construction; and
iv. Storm related operations
Contractor Requirements:
f. Contractor shall meet all specifications and requirements contained in the
Agreement. No substitutions will be accepted without prior City written
approval.
g. The Contractor shall possess an active C-13 - Fencing Contractor License
issued by the State of California Contractors State License Board.
Alternatively, Contractor may possess an "A" or "B" License in lieu of a T-
13" License.
h. Consistent with a Letter Proposal accepted by City, Contractor shall have
the ability to respond and be on-site within twenty-four (24) hours of
notification by a representative of the City.
L All tools and materials shall remain in Contractor's possession at all times.
j. All Contractor vehicles parked on site shall be secure at all times.
k. Contractor shall ensure all precautions for safety are taken.
I. Contractor shall obtain any required City Building Permits. Permits shall be
at no cost to the Contractor.
m. Contractor shall possess a City Business License.
n. Contractor shall provide traffic control per the latest edition of the MUTCD
"Watch Manual" as required.
EXHIBIT B
SCHEDULE OF BILLING RATES
Quality Fence Co., Inc. Page B-1
EXHIBIT B
SCHEDULE OF BILLING RATES
"Price Includes Labor and Materials"
Section 1
Demolition
of Existing Fence -Including Haul away & Disposal up
10' high
Item II
IDescription I Price
junit
1
Removal of Chain link & Gates -Flush cut post
8.G0 - Lin Ft
2
Removal of Chain link & Gates -Footing
15.00 Lin Ft
3
Removal of Iron Fence & Gates - cut to (lush
12.00 Lin Ft
4
Removal of Iron Fence & Gates - with footing
15.00 ! Lin Ft
5
Removal of concrete mow strip up to 24" wide
8.00 Lin Ft
6
Removal of Wood Fence & Gate & Footing
15.00 Lin Ft
Section 2
Chain link
Fencing Fence & Gates -4' high
Item a
1 Description I Price
junit
1
4' high 11 gauge up to 100' - I Y.." posts
20.00 Lin Ft
2
4'high 11 gauge up to 101'to 500'-IY.."posts
18.00 Lin Ft
3
.4' high 11 gauge up to 501'& over - 17/." posts _
18.00 Lin Ft
4
4'high 9gauge up to 100'-2Y"posts
26.00 Lin Ft
5
4'high 9 gauge up to 101'to 500'- 2 Y"posts
24.00 'Lin Ft
6
4'high9gauge upto SOV &over-2Y"posts
22.00:;Lin Ft
_ 7 -_:Terminal
Posts for 4' fence 2 Y"
90.00 Each
8
'.Terminal Posts for 4' fence 2 7/."
160.00Each
9
:::..Gale Posts for 4' fence 2 Y.."
110.00 :Each
10 _iGate
Posts for 4' (ence 4" post
175.00 ; Each
11
4' x 4' walk gate 11 or 9 gauge 1Y" frame
600.00 ;Each
124'x10'single
swing gate 11 or 9 gauge_ 1'A" frame
900.00 Each
13
14'x 20' double drive gate 11 or 9 gauge I %" frame _ _
1,400.00 ;Each
14
14' Slide gate per lineal foot 11 of 9 gauge
125.00 'Lin FT
Chain
link Fencing Fence & Gates -6' high
Item a
Description lPrice
junit
15
16' high 11 gauge up to 100'- IV" posts
26.O01 Lin Ft
16
1 6' high 11 gauge up to 101' to 500' 17/." posts
24.001 Lin Fl
17
_ _
6' high 11 gauge up to 501'& over- 17/.' posts
23.001, Lin Ft
18
6'high9gaugeupto100'-2Yposts
36.001 Lin Ft
19
6 high 9 gauge up to 101' to 500 2 Y" posts
34.001 Lin Ft
20.
� 6' high 9 gauge up to 501'& over 2'/." posts
_
32.00 Lin Ft
21
Terminal Posts for 6' fence 2 Y" _
175.001Each
22
Terminal Posts for 6' fence 2 Y.."
225.00 Each
23
_
Gate Posts for 6 fence2Y.."
225.00!Each
24
Gate Posts for 6' fence 4" post
275.00'; Each
25
:Gate Posts for 6 fence G''/." post
550.00'Each
26
16 x 4 walk gate 11 or 9 gauge N.." frame
750.00Each
27
16'x 10'single swing gate 11 or 9 gauge 1%" frame
1,000.00 'Each
_
28
16'x 20' double drive gate 11 or 9 gauge 1Y" frame
1,200.00 .Each
29
;;.' G' Slide gate per lineal foot 11 of 9 gauge
160.00. Lin Ft
Chain
link Fencing Fence & Gates -8' high
Item a
lCesciription Price
Unit
30
8' high 11 gauge up to 100' - 2 Y" posts
32.00 Lin Ft
31
8' high 11 gauge up to 101' to 500' - 2 Y" pasts
30.00 Lin Ft
32
8' high 11 gauge up to 501' & over - 2 Y" posts
29.00 Lin Fl
33
8 hgh9gaugeuplo 100'-2Y"posts
42.00 Lin Ft
34
8' high 9 gauge up to 101' to 500'- 2 Y." posts
40.00 Lin Ft
35
•8' high 9 gauge up to 50P & over- 2'/." posts
38.00. Lin Ft
36
;Terminal Posts for 8' fence 2 7/."
295.00. Each
37
1Terminal Posts for B' fence 2 Y"
325.00 Each
38
;Gate Posts for8' fence 2 Y"
325.00Each
39
Gate Posts for8' fence 4" post
350.00 Each
40 _
i, Gate Posts for 8' fence 6 Y" post
750.00 1Each
41
8'x4'walkgate 11or9gauge 1%" frame
800.00 Each
42
8'x 10' single swing gate 11 or9 gauge 1Y" frame
1,100.00 Each
43
8' x 20' double drive gate 11 or9 gauge I%V frame
1,700.00 Each
44
'.8' Slide gate per lineal foot 11 of 9 gauge
190.00. Lin Ft
Chain
link Fencing Fence & Gates -10' high
Item it
Description 1price
Unit
45
10' high 9 gauge up to 100'- 2%" posts _
58.00 Lin FI
46
10' high 9 gauge up to_101' to 500'_- 2Y" posts
56.00 Lin Ft
47
10' high 9 gauge up to_501' & over - 2Y.." posts
52.00 Lin Ft
4g
Terminal Posts for 10' fence 3'/7"
325.00 Each
49
Terminal Posts for 10' fence 4"
_
375.00 Each
_ 50
Gate Posts for 10' fence 6'/." post
825.00 Each
51
10'x 4'walkgate 11 or9 gauge 1'/."frame
850.00 Each
52
10'x 10' single swing gate 11 or 9 gauge 1%.." frame
1,200.00. Each
_ 53
10's 20' double drive gate 11 or 9 gauge 1*/." frame
1,850.00 -Each
54
10' Slide gate per lineal foot 11 of 9 gauge
210.00 Lin Ft
"Price Includes Labor and Materials"
Chain link Fencing Fence & Gates -12' high
Item H
I Description Price
jUnit
55
'...12' high 9 gauge up to 100' - my posts -
68.00 Lin Ft
56
12' high 9 gauge up to 101' to 500' --2%" Posts_
66.00 Lin Ft
57
:12' high 9 gauge up to 501' & over - 2%" posts
62.00 Lin FI
58
12' high 1W Tennis Court Chain link - 2%" posts
_
_ _ 75.00 1 Lin FI
.
59
_ Terminal Posts for 12' fence 4'
400.00 (Each
60
Gate Posts for 12 fence 6 % post
950.00_ i Each
61
_ _
12'x 4'walkgate 11 or9 gauge 1%"frame
875.00 !Each
62
'12' x 10' single swing gate 11 or 9 gauge I%' �
1,250.00!Each
63
-'frame
12 x 20' double drive gate 11 or 9 gauge IVV frame
1,950.00 1 Each
64
12' Slide gate per lineal. foot 11 of 9 gauge
235.00: Lin Ft
Vinyl Coated Chain Link & Gate 9-guage core 8 -gauge Finish
Item H
jOescription price
Unit
65
4'high- Add Vinyl to Galvanized Price Additional Cost
2.00 Sq Ft
66-
6high-Add Vinyl to Galvanized Price Additional Cost
2.50_jSq Ft
67
8' high -Add Vinyl to Galvanized Price Additional Cost
2.50 Sq Ft -
68
10' high _Add Vinyl -to Galvanized Price Additional Cost
2.50 __.Sq Ft
69
12' high_Add Vinyl to Galvanized Price_ Additional Cost
2.50 Sq Ft
70
12' high tennis cover mesh _
4.00 'Sq
rt
Chain Link 9-guage 1" Mesh Additional Cost to 9-Guage Price
Itemit
IDescription Price
junit
71_j.4
high -Additional Cost Per Square Foot _
3.00 !Sq Ft
72
W high - Additional Cost Per Square Foot
3.00 .Sq Ft
73_
_'Cost Per Square Foot
3.GO Sq Ft
74
j10'8high-Additional
high- Additional Cost Per Square Foot _
3.00 Sq Ft
75
iIT high - Additional Cost Per Square Foot
3.00 Sq Ft
Misc. Fence Items
Itern H
I Description I Price
junit
76. _
- 13 strands of barb wire added to fence 6' and Higher
10.00 -Lin Ft
77
16 strands of barb wire added to fences 6' and Higher
20.00 'Lin Ft
78
�:1 W Middle to Bottom Rail Added to any Height
9.00 Lin Ft
79
_
-18" Razor Ribbon added to fence 7' or higher
18.00 Lin Ft
Slats, Screen, Barrier Netting
Item N
IDescription jPrice
jUnit
',.. Barrier Netting Installed, Includes cable fittings outside rope -
8o
;(excludes posts) _ _
4.00 Sq Ft
81
4 high PVC slats 1"
8.00 Lin Ft
82
16' high PVC slats 1"
12.00 'Lin Ft
83
_ _
IS' high PVC slats 1"
14.00 Lin Ft
84
[100% Coverage Windscreen
2.75 Sq Ft
85
'.. 801Y Coverage Windscreen _ _
_ 2.00 Sri Ft
86
Galvanized Perforated Metal
4.00 Sq Ft
87
Corrugated Metal Screening up to 12' high
5.00 Sq Ft
6' high Privacy Link Fabric with wings 100% Coverage 2 1/4"
88
slat
2.00 -Add Per Sq Ft to9-guage Prices
8' high Privacy Link Fabric with wings 100% Coverage 2 1/4"
89 ..slat
2.25 Add Per Sq Ft to 9-guage Prices
10' high Privacy Link Fabric with wings 100% Coverage 2 1/4"
90
slat
2.60 Add Per Sq Ft to 9-guage Prices
Section 3
6' High Temporary Fence Installation Removal 6 Months
Rental
Item N
Description Price
Unil/6 Months
91
'6' high tem fence pounded posts
6.88 Lin Ft
92
6' high temp fence free standing panels
5.88 ';Lin FI
93
6' high temp fence walk gate
200.00 .Each
94
6' high temp fence double drive gate
500.00 Lin Ft
95
Add barb wire to temp fence
4.00 Lin Ft
96
Add windscreen to temp fence (green, black or tan)
3.00 Lin Ft
10111 out at SS%Monthly After 6 Months
"Price Includes Labor and Materials"
"Price Includes Labor and Materials"
Section 4
Misc.
Fencing
Item N
Oescri tion Price
jUnit
97
:Wood Fencing up tog' high 1'x6" cedar or redwood
60.00 Lin Ft
98
_
'.2 rail posts and rail fence 4' high
24.00 Lin Ft
99
Barb wire fence on T -posts up to 5 strands
19.00 Lin Ft
100
Paint fences white up to 8' high
8.00 Lin Ft
101
Post and 5/8 chain 3" posts 8' on center
30.00 Lin Ft
102
'Bumper posts concrete filler (bollards)27/8"Galy or Yellow
175.00 Each
103
Bumper posts concrete filler (bollards)4"Galy or Yellow
275.00 Each
104
Bumper posts concrete filler (bollards) 6 S/8" Galy or Yellow
400.00 Each
_ 105
;Bumper posts concrete filler (bollards)8"Galy or Yellow
650.00 Each
IAdd Panic Hardware, VonDuprin Including Kick Plate, screen
_ 106 -I
mounting plate
2,800.00 Each
107
I Handrail ADA Compliant 15/8" single rail
98.00 Lin Ft
108
_
Handrail ADA Compliant 15/8" double rad
_
120.00 Lin Ft
9719 Cable Rail Fence per Caltrans spec 2 3/8" drilled post
109_
and 3 strands80.00
Lin Ft
#719 Cable Rail Fence per Caltrans spec 2 3/8" drilled post
110
'., and 5 strands
110.00 Lin Ft
111
i Replace chain link fabric only on 4' chain link fence
16.00 Ft
112
Replace chain link fabric only on 6' chain link fence
_Lin _
20.00 tin Ft
113
; Replace chain Imk fabric only on 8' chain link fence
25.00 Lin Ft
114
;Replace chain link fabric only on 10' chain link fence
Lin Ft
115
-!Replace chain link fabric only on 12' chain link fence
_29.00
35.00 Lin Ft
_
!Paint post after chain link removal prior to new chain link
116_
ins -tall N/A
Time&Material
Section 5
Pipe Gates
(Use appropriate rail, posts & hardware)
Remit
IDescription lPrice
junit
117
' 8' wide single gate (heavy duty commercial) _
2,000.00 Each
118
10 wide single gate (heavy duty commercial)
2,200.00 Each
119
12 wide single gate (heavy duty commercial)
2,400.00 Each
120
14' wide single gate (heavy duty commercial) _ _
2,600.00 Each
121
16' wide single gate (heavy duty commercial)
2,800.00 Each
122
20' wide single gate (heavy duty commercial)
3,600.00 Each
123
24' wide single gate (heavy duty commercial)
4,000.00 Each
Section 6
Ornamental Iron Fence (Primer and Black Powder Coated) Including Posts
Item q
I Description IPrice
Unit
124
'6' high ornamental tubular fence Regal Style
98.00 Lin Ft
125
'8' high ornamental tubular fence Regal Style _
140.00 **Lin Ft
126
'10'high ornamental tubular fence Regal Style
175.00 Lin Fl
127
16'x 4'walk gate _
1,180.00 Each
128
T'.8x4'walkgate
__ _ _ _
1,380.00:Each
129
! 10'x 4'walk gate
1,680.00 Each
130
I6' high speared top _
110.00 tin Ft
131
18' high curved and speared top
_ 165.00 lin Ft
132
;10' high curved and speared top
195.00 Lin Ft
133
16 x 4' speared top gate
1,250.00 Each
134
_ _ _ _
BN 4' speared curved top gate _ _ _
1,450.00'Ea ch
135-
'_ 10x4' spearedtopgate
1,680.00 Each
136
Sa fety posts for any iron gate
275.00 Each
137
6' swing or double gate Regal or Speared
_
300.00 Lin Ft
_ __138
_8 swing or double gate Regal or Speared
_ _
320.00 Lin Ft
139
10' swing or double gate Regal or Speared
_
340.00 Lin Ft
140
6'slide gate Regal or Speared
325.00 Lin Ft
141
8 slide gate Regal or Speared
345.00 Lin Ft
142
10'slide gate Regal or Speared
355.00 Lin Ft
143
Add perforated metal or expanded metal to gate
4.00 Sq Ft
Section 7
Ameristar Ornamental Fence and Gates
Item 9
Description 1price
Unit
144
Montage 11 -Genesis 6' High
138.00 Lin Ft
_ 145
_ _
Montage 11 -Genesis B' High
160.00 .Lin Ft
146
Montage 11 - 4' Gale 6' High
1,200.00 Each
147
Montage 11 -4' Gate 8' High
1,500.00 Each
149
Montage 11 - Single Gate 6'
275.00 Lin Ft
149 _
_.Montage 11 -Single Gate 8'
320.00 Lin Ft
150
Montage 11 - Slide Gate 6' High
325.00 Lin Ft
151
Montage it -Slide Gate 8' High
345.00 Lin Ft
"Price Includes Labor and Materials"
"Price Includes Labor and Materials"
Section 8
Concrete
Item if
joescription
1price
lUnit
152
12"x 12" with imbedded v -groove track
60.00 Lin Ft
153
1" angle iron v groove track bolted to floor
30.00 Lin Ft
154
3" angle iron cored and set 3' on center
40.00 Lin Ft
155
Core drill holes tip to 4"
75.00 Each
156
3'x 3' concrete motor pad
300.00 Each
157
_
4" thick concrete walkways and slats
_
20.00 Lin Ft
1.5-8.
metal Guardrail with wood posts and block
125.00 Lin Ft
Section 9
Wire Mesh Double -Defense Homeless Security Fencing
Item M
I Description
lPrice
Unit
159
6'security wire mesh fence and posts welded in place, black
80.00 Lin Ft
160
'.6'security wire mesh panels no posts welded in place, black
65.00 'Lin Ft
161
8' high security 4D fence with post welded in place, black
130.00 .Un rt
162
8' high security 4D fence no posts welded in place, black
90.00 Lin Ft
163
6' high 4D fence gates
150.00 Lin Ft
164'
8 high 4D fence gates
200.00 '.Lin Ft
`As seen at Orange County Flood Control Wash Entries and
at Angel Stadium and along channel In the County, Sample
on Request
Section 10
Hourly and On -Call Services
Item (f
IDescription
I Price
jUnit
165
Traffic Control/Flag Man _
145.00 'Hourly
166
On call emergency mobilization (Per trip)
_
750.00 lump Sum
167
Welding Services
120.00 (Hourly
168
Crew Rental Regular Time2men&Truck
250.00 .Hourly
169
Crew Rental Overtime 2 -men& Truck on Saturday
300.00 Hourly
Crew Rental Nights and Sundays 2 -men truck (Holiday &
170
Double Time)
400.00 (Hourly
171
'_ Min Call Out (if applicable)
750.00 Lump Sum
Section 11
Material
Sales Mark-Up
Item g
Description
1price
172
Chain Link posts fillings
OFC Catalog
Plus 15% _
Fortress Fence
173
!Iron fence
Catalog
Plus 15%
174
iAmetistar fence
Ameristar Catalog Plus 15%
175
Mis. Mark-up, materials, equipment rentals
Per Invoice
Plus 15%
Section 12
Electric Gates, Keys Pads, Entry Systems
Item d
IDescription IPrice
176
Elite 3000 Slide gate or swing gate operators
_Price on Requested Proposal
177
Key Pad entry systems/Prox readers
Price on Requested Proposal
178
Photo Safety Cell
Price on Requested Proposal
179
Free exit and Safety Loop
Price on Requested Proposal
180
Hydraulic closers, Magnetic locks, goose necks
Price on Requested Proposal
181
Power Runs, Saw Cutting, Low Voltage
"Price Includes Labor and Materials"
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Quality Fence Co., Inc. Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
Quality Fence Co., Inc. Page C-2
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Quality Fence Co., Inc. Page C-3
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Quality Fence Co., Inc. Page C-4
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( )
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Quality Fence Co., Inc. Page D-1
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Quality Fence Co., Inc. Page D-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Quality Fence Co., Inc. Page D-3
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Quality Fence Co., Inc. Page E-1
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
in
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Quality Fence Co., Inc. Page E-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Quality Fence Co., Inc. Page E-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 5/12/2020 Dept./Contact Received From: Raymund Reyes
Department: Public Works Sent to: Marissa By: Raymund
Company/Person required to have certificate: Quality Fencing Company, Inc.
Type of contract: Maintenance/Repair Services Agreement
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/2019-10/1/2020
A. INSURANCE COMPANY: Financial Pacific Insurance Company NAIC#31453
B. AM BEST RATING (A-: VII or greater): A:X
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
0 Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided? $1 M occur/ $21VI agg
E. ADDITIONAL INSURED ENDORSEMENT — please attach
❑✓ Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
0 Yes ❑ No
G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is'it included?✓❑
Yes ❑ No
H. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation) ❑ N/A
❑ Yes ❑ No
II.
AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/2019-10/1/2020
A. INSURANCE COMPANY: Financial Pacific Insurance Company NAIC#31453
B. AM BEST RATING (A-: VII or greater) A:X
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? $1M
E. PRIMARY & NON-CONTRIBUTORY WORDING
ENDORSEMENT - please attach
F. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
G. ADDITIONAL INSURED ENDORSEMENT — please attach
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included?
I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM:
✓❑ Yes ❑ No
❑✓ Yes ❑ No
✓❑ Yes ❑ No
❑✓ Yes ❑ No
Z Yes ❑ No
[Z]N/A ❑ Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/112019-10/1/2020
A. INSURANCE COMPANY: Cypress Insurance Company NAIL#10855
B. AM BEST RATING (A- : VII or greater): A++:XV
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
ADDITIONAL COVERAGES THAT MAYBE REQUIRED
Yes []No
Z Yes ❑ No
$1 M
0 Yes ❑ No
❑✓ N/A ❑ Yes ❑ No
❑
PROFESSIONAL LIABILITY
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
❑
POLLUTION LIABILITY
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
❑
BUILDER'S RISK
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
NOTEWCOMMENTS:
Approved:
Risk Management
6/2/2020
Date