CONTRACT 7365 One Page Service AgreementAgreement No. 7365
CONTRACTOR: California Fence & Supply
Services Agreement
DATE: July 21, 2025
Below you will find a checklist relating to insurance and other requirements that are required for doing business with the City of El
Segundo. Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. The City reserves the right to increase insurance limits/coverages based upon the scope and type of services. Please find
additional terms and conditions, including additional insurance provisions, on the following pages. This is not a purchase order or an
authorization to begin work.
®Comprehensive General LiabRit At least $1,000,000 per occurrence. See Section 12 for additional insurance and endorsement
requirements.
® Business Auto Liability: At least: $1,000,000 per occurrence. (If not provided, Seller affirms that it will not use an auto to perform
work.) See Section 12 for additional insurance and endorsement requirements.
® 11orkgrs' Cotrw elasation Nnsuranr e: Statutory requirement with waiver of subrogation. (If not provided, Seller affirms that it has no
employees.)
® Business License: Seller must have a current City of El Segundo license on file at City Hall or purchase said license (at no cost to
the City).
❑ Permits: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the
Planning Manager @ (310) 524-2340 if you have questions.
❑ Cg of valid icture p.q0. (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU BY THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY.
Su mitred by (complete all bl@ nks : COLOR CORY REL1WtLE[) BACI'K TO t N1E (11TY
Caman Name:
p y
B y ( 'lint. name & title):
California Fence & Su I
m I.
Company Street Andress:
Vendor A borozed' Signat `e required:
17423 S, Figueroa Street
City, State, Zip:
Date sign
Gardena, CA 90248
Phone:
FAX:
310-323-3623
310-323-5220
Vendor's Email address: i
Vendor's Web site:
cda„�allf�rniaferpce,com
Originator/Department Contact: Christopher Hentzen Date initiated: 7/21125
Department Head Approval: (," —Date Approved: J. 2 �,, 24A
Short Services Agreement - Prevailing Wage, Chain link Fence at Clubhouse City of El Segundo Rev 2/27/25
Agreement No. 7365
1.GENERALLY. The materials, supplies, or services (collectively,
"Purchase") covered by this services agreement and purchase order
('order") must be furnished by Seller subject to all the terms and
conditions contained in this order which Seller, in accepting this order,
agrees to be bound by and comply with in all particulars. No other terms
or conditions are binding upon the parties unless subsequently agreed to
in writing. Written acceptance or shipment of all or any portion of the
Purchase covered by this order constitutes unqualified acceptance of all
terms and conditions in this order. The terms of any proposal referred to
in this order are included and made a part of the order only to the extent
it specified the Purchase ordered, the price, and the delivery, and then
only to the extent that such terms are consistent with the terms and
conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in
this order, free from all defects in Seller's performance, design,
workmanship, and materials, and, except as otherwise provided, is
subject to inspection and test by City at all times and places. If, before
final acceptance, any Purchase is found to be incomplete, or not as
specified, City may reject it, require Seller to correct it without charge, or
require delivery of such Purchase at a reduction in price that is equitable
under the circumstances. If seller is unable or refuses to correct such
items within a time deemed reasonable by City, City may terminate the
order in whole or in part. Seller bears all risks as to rejected Purchases
and, in addition to any costs for which Seller may become liable to City
under other provisions of this order, must reimburse City for all
transportation costs, other related costs incurred, or payments to Seller
in accordance with the terms of this order for unaccepted Purchases.
Notwithstanding City's acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this
order in drawings and specifications for specially manufactured supplies,
place of delivery, method of shipment or packing of the order by giving
notice to Seller and subsequently confirming such changes in writing. If
such changes affect the cost of or the time required for performance of
this order, an equitable adjustment in the price or delivery or both must
be made. No change by Seller is allowed without City's written approval.
Any claim by Seller for an adjustment under this section must be made
in writing within thirty (30) days from the date of receipt by Seller of
notification of such change unless City waives this condition in writing.
Nothing in this section excuses Seller from proceeding with performance
of the order as changed.
4. TERMINATION. City may terminate this order at any time, either
verbally or in writing, with or without cause. Should termination occur,
City will pay Seller as full performance until such termination the unit or
pro rata order price for the performed and accepted portion of the
Purchase. City may provide written notice of termination for Seller's
default if Seller refuses or fails to comply with this order. If Seller does
not cure such failure within a reasonable time period, or fails to perform
the Purchase within the time specified (or allowed by extension), Seller
will be liable to City for any excess costs incurred by City.
5.TERM I TIME EXTENSION. This Agreement's term will be from
7/1/25, to June 30, 2026. City may extend the time for completion if, in
City's sole determination, Seller was delayed because of causes beyond
Seller's control and without Seller's fault or negligence. In the event
delay was caused by City, Seller's sole remedy is limited to recovering
money actually and necessarily expended by Seller because of the
delay; there is no right to recover anticipated profit.
&REMEDIES CUMULATIVE. City's rights and remedies under this order
are not exclusive and are in addition to any legal rights and remedies.
7.TITLE. Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actual inspection and City's opportunity to reiect.
&PAYMENT, City will pay Seller afterreceiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and
accepted. City will not pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Drafts will not be honored..
9.INDEMNIFICATIOK Seller agrees to indemnify and hold City
harmless from and against any claim, action, damages, costs (including,
without limitation, allorney's fees), injuries, or liability, arising out of the
Purchase or the order, or their performance. Should City be named in
any suit, or should any claim be brought against it by suit or otherwise,
whether the same be groundless or not, arising out of the Purchase or
order, or their performance, Seller will defend City (at City's request and
with counsel satisfactory to City) and indemnify City for any judgment
rendered against it or any sums paid out in settlement or otherwise. For
purposes of this section "City" includes City"s officers, elected officials„
and employees. It is expressly understood and agreed that the
foregoing provisions will survive termination of this order. The
requirements as to the types and linnits of insurance coverage to be
maintained by Seller, and any approval of such insurance by City, are
not Intended to and will not in any manner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning indemnification..
10.WARRANTY. Seller agrees that the Purchase is covered by the
most favorable commercial warranties the Seller gives to any customer
for the same or substantially similar supplies or services, or such other
more favorable warranties as is specified in this order. Warranties will
be effective notwithstanding any inspection or acceptance of the
Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any
payment due under this order, Seller may not assign or subcontract the
order without City's written approval. Should City ,give consent, it will not
relieve Seller from any obligations under this order and any transferee or
subcontractor will be considered Seller's agent.
12.INSURANCE. Commercial general liability ("CGL") insurance must
meet or exceed the requirements of ISO-CGL Form No. Form CG 00 01
04 13, or equivalent, covering CGL on an "occurrence" basis, including
property damage„ bodily injury and personal & advertising injury, If a
general aggregate limit applies„ either the general aggregate limit shall
apply separately to this projectflocation (ISO CG 25 03 or 25 04) or the
general aggregate limit shall be twice the required occurrence limit. For
automobiles, the insurance must meet or exceed the requirements of
Insurance Services Office Form Number CA 0001 covering Code 1 (any
auto), or, if Seller provides proof of a personal automobile policy, such
personal policy must include and indicate business venture coverage
with limits no less than $1,000,000 per accident for bodily injury and
property damage. If Seller has no owned autos, Code 8 (hired) and 9
(non -owned), with limits no less than $1,000,000 per accident for bodily
injury and property damage must be included in coverage. The amount
of insurance required will be a combined single limit per occurrence for
bodily injury, personal injury, and property' damage for the policy
coverage. Liability policies will be endorsed to name CITY, its officials,
and employees as "additional insureds" under said insurance coverage
and to state that such insurance will be deemed "primary" such that any
other insurance that may be carried by CITY will be excess thereto.
City's additional insured status will apply with respect to liability and
defense of suits arising out of Seller's acts or omissions. Such insurance
will be on an "occurrence," not a "claims made," basis and will not be
cancelable or subject to reduction except upon thirty (30) days prior
written notice to City, and the notice must include any necessary
endorsement to facilitate such notice to City. See below for required
endorsement language pertinent to the insurance requirements. Seller
will furnish valid Certificates of Insurance to City evidencing maintenance
of the insurance required under this Agreement, a copy of an additional
Short Services Agreement - Prevailing Wage. Chain link Fence at Clubhouse. City of El Segundo
Agreement No. 7365
insured endorsement confirming CITY has been given additional insured
status under the Seller's General Liability policy, and such other
evidence of insurance or copies of policies as may be reasonably
required by City from time to time. Insurance must be placed with
insurers with a current A.M. Best Company Rating equivalent to at least
a Rating of 'A:VII." Insurance endorsements must contain the following
language: (i) Additional insured endorsement with this language: "The
City of El Segundo, its elected and appointed officials, employees, and
volunteers as additional insureds," through ISO Form CG 20 10 1185 or
CG 20 10 with CG 20 37; (ii) Cancellation endorsement with this
language: "The City of El Segundo will receive thirty (30) days written
notice in the event of cancellation, nonrenewed or reduction." (iii)
Primary and Non -Contributory endorsement with this language:
"Coverage is primary and non-contributory such that any other insurance
that may be carried by the City will be excess thereto."
13.PERMITS. Seller must procure all necessary permits and licenses,
and abide by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller
will act as an independent contractor and will have control of all work
and the manner in which is it performed. Seller will be free to contract for
similar service to be performed for other employers while under contract
with City. Seller is not an agent or employee of City and is not entitled to
participate in any pension plan, insurance, bonus or similar benefits City
provides for its employees. Any provision in this order that may appear
to give City the right to direct Seller as to the details of doing the work or
to exercise a measure of control over the work means that Seller will
follow the direction of the City as to end results of the work only.
15.WAIVER. City's review or acceptance of, or payment for, work
product prepared by Seller under this order will not be construed to
operate as a waiver of any rights City may have under this Agreement or
of any cause of action arising From Seller's performance. A waiver by
City of any breach of any term, covenant, or condition contained in this
order will not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained in this order,
whether of the same or different character.
16. PREVAILING WAGES. If required by applicable state law including,
without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)),
1771, 1774, 1775, and 1776, Seller must pay its workers prevailing
wage. It is Seller's responsibility to interpret and implement any
prevailing wage requirements and Seller agrees to pay any penalty or
civil damage resulting from a violation of the prevailing wage laws. In
accordance with Labor Code § 1773.2, copies of the prevailing rate of
per diem wages are available upon request from City's Engineering
Division or the website for State of California Prevailing wage
determination at A copy of the
prevailing rate of per diem wages must be posted at the job site.
17.INTERPRETATION. This Agreement was drafted in, and will be
construed in accordance with the laws of the State of California, and
exclusive venue for any action involving this agreement will be in Los
Angeles County,
18. ARTIFICIAL INTELLIGENCE. Seller must not utilize, employ, or
incorporate any form artificial intelligence, machine learning, or other
similar technologies (collectively, "Al") in the provision of services in this
Agreement without City's express written consent. The Al prohibition set
forth directly above will not apply to general business tools and software
that may have Al components but are not directly involved in the
execution or delivery of professional services that this Agreement
covers, provided that such tools and software do not significantly impact
the quality or nature of such services. Seller must promptly notify City, in
writing, of any proposal to employ Al in connection its provision of
services to the City under this Agreement. City will have the sole
discretion to Qrant or deny such proposat.
19, BACKGROUND CHECK; FINGERPRINTING; ASSOCIATED
TRAINING. If Seller's work involves contact with minors, before
conducting any performance of this Agreement, all Seller's employees,
subcontractors, volunteers, or other agents that will perform Seller's
work under this Agreement must submit to and pass a
background/fingerprint investigation conducted or approved by City.
Seller affirms and attests that its employees, subcontractors, volunteers,
or other agents that will perform Seller's work under this Agreement
20. ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. In
accordance with Government Code §16.5, the parties agree that this
Amendment 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.
Seller warrants that its signatory (or signatories, as applicable) to this
Agreement has the legal authority to enter this Agreement and bind
Seller accordingly.
21. CONSISTENCY. In interpreting this Agreement and resolving any
ambiguities, this Agreement takes precedence over any attached exhibit
with conflicting provisions.
22. CONSIDERATION. As consideration, City agrees to pay Seller for
Seller's services not to exceed a total of $49,268 for the work. City will
pay for work as specified in the attached Exhibit 'A," which is
incorporated by reference.
23. EXHIBITS.
Exhibit "A"- Scope of Service and Compensation Schedule — Chain -
link Fence at Clubhouse Located at Recreation Park
Short Services Agreement - Prevailing Wage. Chain link Fence at Clubhouse, City of El Segundo
Exhibit "A" Agreement No. 7365
License # 794037
17423 S Figueroa St., =61slip,
Gardena, CA, 90248
Ph: (310) 323-3623
Fx: (310) 323-5220
AMER/CAN FENCE ASSOCIATION i
**CHAIN LINK -ORNAMENTAL IRON -ELECTRIC I
Customer:
Billing: 15C
Installation: 309 E Pine Ave Ell Segun
Install 155' x 20' height galvanized chain link fence with to
and middle rail,
Materials:
2 7/8" Sch 40 Line Posts
3 1/2" Sch 40 End Post
1 5/8" Sch 20 Top & Middle Rail
9 Gau e Chain Link
Prevailng wages included.
Please Sign and Fax both Proposal and the
Terms and Conditions to start work.
'.ESTIMATES ONLY G000 FOR JO DAYS FROM THE ABOVE GATE.
TOTAL: $49,268.00
................
PAID DOWN:
BALANCE DUE:
TERM: 50% DOWN * BALANCE ON COMPLETION * DELINQUEt
.SEE ATTACHED PAGE FOR TERMS & CONDITIONS OF THIS CONTRACT -ALL E;
CALIFORNIA FENCE & SUPPLY:
Cesar Duron
Representative,
naincuaroo➢ eFraaN,urvw MAP
DATE 7/21/2025
email*
Ph.
J
WRTIFICATION f.D.• N 17797 ^ Cell 310-524.2716
iATES-REPAIRS-SUPPLIES** FAX
El Segundo
Illinois Ell Segundo Ca 90245 - mail.
o Ca 90245 Ask For Christopher Hentzen
T IN 10 DAYS * ALL OPENING ORDERS C.O.D.
TIMATES SUBJECT TO APPROVAL BY CALIFORNIA FENCE &SUPPLY CO.
CUSTOMER SIGNATURE:
1 /20'25
Agreement No. 7365
TERMS and CONDITIONS
1. Silverline Nevada Ltd. DBA California Fence and Supply. (Hereafter referred to as CFS), agrees to guarantee that the 'above fence
2. is free of defect's in material and workmanship for one year From the date of completion. CFS will advise the buyer as to local
3. zoning regulations but the responsibility for complying with said regulations and obtaining any required permits shall rest with
4. the buyer. CFS will assist the buyer , upon request, in determining where the fence is to be erected, but Linder no circumstance
5. does CFS assume any responsibility concerning property lines or in any way guarantee their accuracy. If property plus cannot be
6. located, it is recommended that the buyer have the property surveyed. CPS assumes no liability for unmarked underground utilities.
T sprinkler lines or any other buried lines, objects or obstructions. The customer will assume all liability for any damage
8. caused by directing CPS to dig in an area where lines or objects are buried. If unusual sub -surface conditions are encountered,
9. and cause additional labor costs, buyer agrees to pay additional labor charges. If installer is compelled to make extra trips to
10, erect fence due to interference and/or changes made by the buyer or his representatives, buyer agrees to additional changes based
11. on reasonable value thereof, ( time + material + overhead + profit) Buyer is to have Felice lines cleared and ready prior to Felice
11 installation if not cleared buyer agrees to reimburse CFS for costs incurred due to buyer failure to clear fence line.
13. CPS and driver are hereby released from responsibility for damages which may occur in delivering/removing materials across
14. sidewalk and Curb. CFS will not be deemed liable in conditions arising fi-om strike. Lock -out, act of God, public enemy, accident
15 boycott, material storage delayed delivery of materials, force-majeure, inclimate weather, fire, flood, embargo, national
I& emergency, war or causes beyond CFS control occurs.
IT The full amount of this contract along with any additions will become DUE ON COMPLETION, Delinquent in 10 days A late
18. charge of 1.5% per month will be added to all amounts that are not paid within those 10 days after any invoice. No retention will be
19. held, No title or credit search has been made by CFS prior to the signing of this contract. As security for performance of the
20 terms of the contract all material and goods will remain the property of CFS until all invoices and charges pertaining to this
21. job is paid in full. Buyer grants sole signage rights to CFS for Felice installed by CFS in the event of non-payment Linder the
22 terms of this contract buyer grants seller the RIGHT OF ACESS to come onto the buyers purchasers premises to reclaim
23. all of the materials and goods secured Linder this agreement,
24.
25, INDEMNIFICATION
26. Customer shall indernni fy, defend and hold CFS harmless from and against any and all clarns, liens, demands, suits, damages
27, and liabilities for personal injury, including
death, and property damage arising Out of or related to the use of the gate or any equip-
28. meant here Linder, in any way connected with Customer's use of the gate equipment or caused by any act or ornission on the part of
29. Customer or customers breach of the Agreement , except only where Such personal injury or property is caused by the sole
30. negligence of CPS, This indemnification obligation shall survive the termination of the agreement,
31.
32. ONE YEAR LIMITED WARRANTY
33. CFS warrants that its fences are free of defects in workmanship for I year from date of installation. This warranty applies
34. to the original owner only. CFS will, at it's discretion, repair or replace any material that it feels was/were installed
35. incorrectly. Materials are warranted by original manufacturer. CFS expressly denies warranty on customers designs and /or
36. specifications. CFS and/or any of its subsidiaries thereof, including its employees, does not imply, nor is it Our intent to
37. provide, security and/or protect users of said fence systems from property loss, personal injury or death. If CFS products are
38. proved defective, the buyers and users exclusive remedy will be at CFS option to replace the defective products or to refund
39. the purchase price for the defective quantity. Except for these replacement or refund remedies, CFS shall not be liable for direct
40. damages or liable for indirect incidental consequential or subsequential damages, regardless of the legal theory asserted
41. including negligence and strict liability.
42. This warranty is in lieu of all other warranties, either expressed or implied. All implied warranties of the products for a
43 particular pUrPOSO are hereby disclaimed and excluded To obtain service Linder this warranty, the customer must present a copy of
44, proof of purchase and installation of the product (S) when submitting a request for service.
45. ,
46. NOTICE TO OWNER (Section 7019- Contractor's License Law)
47. Under the Mechanic's Lien Law. Any contractor sub -contractor, laborer, maLerialman or other person who helps to improve Your
48. property and is not paid for his labor, services or material has the right to enforce his claim against your property.
49. Under the law, you may protect yourself against such claim by filing, before coniniencing such work of improvement, all
50, original contract for the work of improvement of modification thereof, in the office Of the County where
51. the property is situated and required a contractor's payment bond be recorded in that same office. Said bond shall be in an
52. amount not less than fifty percent (50%) of the contract price and shall, in additions for the performance of the
53. contract, be conditioned for the payment in full of the claims for all persons Furnishing labor, services, equipment of material
54. for the work described in said contract.
55,
56. This agreement shall constitute the entire contract between the parties. Buyer acknowledges the receipt of a true copy of
57. this agreement and acknowledges that lie has read and knows the contents thereof and understands that no other agreement or
58. representations implied or otherwise, by CFS or its agent, verbal or otherwise are binding upon the parties hereof.
59.
60. SIGN DATE:
Agreement No. 7365
Bonded• Chain Link Lzensed
• Vinyl• Ornamental Iron
'• Tennis Courts
slipply
• Electric Gates
• Security Systems
ASSOCIATIONAMERICAN FENCE
, 17797
CREDIT CARD AUTHORIZATION FORM
I, (print name), an approved user of the debit/credit card indicated, authorize California
Fence & Supply to charge the debit/credit card. In the event that this transaction is charged back to California Fence &
Supply, I understand that by signing this authorization, I agree to pay all amounts due for California Fence & Supply without
dispute.
Visa
Cardholder's Name:
Credit Card Number:
Expiration Date:
Billing Address:
MasterCard
American Express DiscoverCard
P (MM/YY) Security Code:
This credit card is in payment for the following:
Account Name:
Account Number:
Order or Invoice Number:
Amount: S
Balance Due: $
Printed Name
Telephone Number
Email Address
50% deposit
Completion
Signature
Date
17423 S. Figueroa St. Gardena, Ca. 90248 (310) 323-3623 FAX (310) 323-5220