CONTRACT 6287 Public Works Contract CLOSEDAgreement No. 6287
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF EL SEGUNDO AND
ALCORN FENCE COMPANY
DOUGLAS STREET FENCE REPAIRS PROJECT
PROJECT NO.: PW 22-12
This CONTRACT is entered into this 28' day of February, 2022, by and between the
CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and
ALCORN FENCE COMPANY ("the Contractor").
1. WORK.
A. The Contractor agrees to perform the work listed in the SCOPE OF SERVICES,
"Exhibit A", a copy of which is attached and incorporated herein by this
reference. The Contractor agrees to do additional work arising from changes
ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained
in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment;
printing; vehicles; transportation; office space and facilities; all tests, testing and
analyses; and all matters whatsoever (except as otherwise expressly specified to
be furnished by the City) needed to perform and complete the Work and provide
the services required of the Contractor by the Contract Documents.
D. "Contract Documents" means the Proposal; this Contract; Standard
Specifications; Supplementary Conditions; Exhibits; Technical Specifications;
List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders;
Notice of Completion; and all other documents identified in the Contract
Documents which together form the contract between the City and the Contractor
for the Work. The Contract Documents constitute the complete agreement
between the City and the Contractor and supersede any previous agreements or
understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Fifteen
Thousand, Nine 1-jundred Ten dollars ($15,910.00) for the Work.
3. TERM. The term of this Contract will commence when the City issues a Notice to Proceed.
The Contractor will fully complete the Work within Thirty (30) working days, unless
terminated earlier pursuant to Section 4.
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4. TERMINATION.
A. City may terminate this Contract at any time with or without cause.
B. Contractor may terminate this Agreement at anytime with City's mutual consent.
Notice will be in writing at least thirty (30) days before the effective termination
date.
C. Upon receiving a termination notice, Contractor will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by Contractor after receiving a termination notice will be
performed at Contractor's own cost; City will not be obligated to compensate
Contractor for such work.
D. Should the Agreement be terminated pursuant to this Section, City may procure
on its own terms services similar to those terminated.
E. By executing this document, Contractor waives any and all claims for damages
that might otherwise arise from City's termination under this Section.
5. PREVAILING WAGES. Pursuant to Labor Code § 1720, and as specified in 8 California
Code of Regulations § 16000, the Contractor must pay its workers prevailing wages. It is the
Contractor's responsibility to interpret and implement any prevailing wage requirements and
the Contractor agrees to pay any penalty or civil damages resulting from a violation of the
prevailing wage laws. See Section 7-2 of the Standard Specifications.
6. DISPUTES. Disputes arising from this Contract will be determined in accordance with the
Contract Documents and Public Contracts Code §§ 10240-10240.13.
7. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will
promptly inform the Contractor regarding third -party claims against the Contractor, but in no
event later than ten (10) business days after the City receives such claims. Such notification
will be in writing and forwarded in accordance with the "Notice" section of the Contract
Documents. As more specifically detailed in the Contract Documents, the Contractor agrees
to indemnify and defend the City against any third -parry claim.
8. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a
Taxpayer Identification Number.
9. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole
expense, will obtain and maintain during the term of this Contract, all necessary permits,
licenses, and certificates that may be required in connection with the Work.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by the Contractor under the Contract Documents are the
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City's property. The Contractor may retain copies of said documents and materials as
desired, but will deliver all original materials to the City upon the City's written notice.
11. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City
harmless as set forth in the Contract Documents. The requirements as to the types and limits
of insurance coverage to be maintained by the Contractor as required by the Contract
Documents, and any approval of such insurance by the City, are not intended to and will not
in any manner limit or qualify the liabilities and obligations otherwise assumed by the
Contractor pursuant to the Contract Documents, including, without limitation, to the
provisions concerning indemnification.
12. INDEPENDENT CONTRACTOR The City and the Contractor agree that the Contractor
will act as an independent contractor and will have control of all work and the manner in
which is it performed. The Contractor will be free to contract for similar service to be
performed for other employers while under contract with the City. The Contractor is not an
agent or employee of the City and is not entitled to participate in any pension plan,
insurance, bonus or similar benefits the City provides for its employees. Any provision in
this Contract that may appear to give the City the right to direct the Contractor as to the
details of doing the work or to exercise a measure of control over the work means that the
Contractor will follow the direction of the City as to end results of the work only.
13. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with
respect to all services and matters covered under this Contract. The City will have free
access at all reasonable times to such records, and the right to examine and audit the same
and to make transcript therefrom, and to inspect all program data, documents, proceedings
and activities. The Contractor will retain such financial and program service records for at
least three (3) years after termination or final payment under the Contract Documents.
14. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
The Cfty The Contractor
City of El Segundo -Public Works Alcorn Fence Company
350 Main Street 9901 Glenoaks Blvd.
El Segundo, CA 90245 Sun Valley, CA 91352
Attention: Arianne Bola Attention: Christian Espinoza
(310) 524-2364 (323) 857-1342 ext. 227
Any such written communications by mail will be conclusively deemed to have been received by
the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and
properly addressed as noted above. In all other instances, notices will be deemed given at the
time of actual delivery. 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.
15. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the
exclusive benefit of the Contractor and the City and not for the benefit of any other party.
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Agreement No. 6287
There will be no incidental or other beneficiaries of any of the Contractor's or the City's
obligations under this Contract.
16. INTERPRETATION. This Contract 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
Contract will be in Los Angeles County.
17. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity
between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
18. SEVERABILITY. If any portion of the Contract Documents are declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Contract will continue
in full force and effect.
19. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Contract and
to engage in the actions described herein. This Contract may be modified by written
amendment. The City's city manager, or designee, may execute any such amendment on the
City's behalf.
20. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any
number of separate counterparts, and all such counterparts so executed constitute one
Agreement binding on all the Parties notwithstanding that all the Parties are not signatories
to the same counterpart. In accordance with Government Code §16.5, the Parties agree that
this Agreement, Agreements ancillary to this Agreement, and related documents to be
entered into in connection with this Agreement will be considered signed when the signature
of a party is delivered by electronic transmission. Such electronic signature will be treated in
all respects as having the same effect as an original signature.
21. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof
will be construed as both covenants and conditions, the same as if the words importing such
covenants and conditions had been used in each separate paragraph.
22. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of
reference only and will not affect the interpretation of this Contract.
23. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the
Contract Documents.
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Agreement No. 6287
IN WITNESS WHEREOF the parties hereto have executed this Contract the day and
year first hereinabove written.
CITY OF EL DO ALCORN FENCE COMPANY
Elias Sassood Name: Gustavo M cJ644 i
Public Works Director Title: President
A T:
Trac a er,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By:
Jo uin Vazquez
As �'��tant City Attorney
Insurance Reviewed by:
Hank Lu
Risk Manager
Taxpayer ID No. 95-1659211
Contractor State
License No.: 122954
Contractor City Business
License No.: 97
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Agreement No. 6287
EXHIBIT A
LC CE COMPANY
9901 GLENOAKS BOULEVARD, SUN VALLEY, CA 91352
T: (323) 875-1342 / (818) 983-0650 FAX: (818) 768-9719
PROJECT: El Segundo- Douglas St. Fence
CONTACT: Christian Espinoza
CONTRACTOR:
City of El Segundo
E-MAIL cespinozaaalcornfence.com
ATTENTION:
Arianne Bola
DATE: 2/23/2022
E-MAIL
Abola(n�elsegagdo.o 0
CSL13 No. 122954 EXPIRES: 2/28/22
DIR No. 1000001986 EXPIRES: 6/30/22
Plans & Specs: Yes
X
No
Bondable:
Yes X No
Installed: Yes
X
No
Rate:
0.70% (N.T.E. 24 Months)
Tax Included: Yes
X
No
DBE/WBE:
Yes No X
Union: Yes
X
No
Addendum:
none
Alcorn Fence Company is signatory to Laborers and Operating Engineers unions.
Item DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1 Furnish and Install Handrail 1 9,720.00 LS 9,720.00
"Removal of Old Handrail
"2 3/8" Top and Bottom Rail with 7/8" Round Pickets
"Galvanize Rail
"Concrete Curb done by Others.
2 Remove and Repair Chain Link Fence 1 6,190.00 LS 6,190.00
"50' LF of 8'x9gax2" KK Galy. Chain Link Fence
`3 Strand Barbwire 4pt
"Remove and Replace 3 Posts
Note: Concrete Curb done by Others
TOTAL $16,910.00
CLARIFICATIONS: Bid contingent upon approval of surety on Bonded Projects and Alcorn Fence Co. Credit Dept.
All costs incurred by Alcorn Fence prior to cancellation of Executed Contract or Subcontract will be billed to client
for reimbursement.
Clarifications, Exclusions and/or conditions of this submission to be integrated into all subcontract agreements.
Bond rate is subject to additional monthly charges after Twenty -Four (24) Months
PRICE IS GOOD FOR SIXTY (60) DAYS
Exclusions: Design Services- Engineering Calculations
Engineering, Surveying, Staking, and Layout Bond Premium (0.70%) & Bond Overruns
Clearing and Grading Location of Private Underground Utilities not Indicated in or c
Patching and Restoration Project Plans
Traffic Control/ Flagmen Damage to Underground Utilities not properly located by
Structural Calculations & Engineering Other Forces
Welding QC Manager and/or Plan Maintenance of Installed Items
Concrete and/or Asphalt coring or saw cutting Permits, Excorts and fees are excluded.
Job Specific Training and/or Badging Spoils to be stockpiled and disposed by others.
Alcorn shall notify Underground Service Alert forty-eight (48) business hours prior to any excavation. However, Alcorn shall
not be responsible for damage to underground facilities not properly and accurately shown on contract plans, as-builts,
and/or identified by forces other than Alcorn's
REV.04/10/18 JL
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