CONTRACT 5400 One Page Service Agreement CLOSED Agreement No. 5400
aervices Agreement
SELLER: A-1 FENCE COMPANY DATE MAILED: 09/20/2017
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of EI
Segundo. Only those items checked-off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or
88. The amount of insurance set forth below 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 the 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 the City will be excess thereto. Such insurance must 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 the City.
Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or an
authorization to begin work.
® a rrt"'N IT`yrwwr7 iVe Gow.rra. 11, including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least$1,000.000 per occurrence.
® Auto Liabilitv, including owned, non-owned and hired vehicles with at least:
® $1,000,000 per occurrence.
❑ l tf°�.f/I�i4 a 3&,it:u�per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
® rker,' Cr;)n'm(,'1,n.,G:dlior Ir'msui,;. v,0: as required by State Statutes (Not needed if Self-employed with no employees and SELLER
signs statement to this effect.)
® Business (License: The SELLER agrees to have a current City of EI 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,
❑ L�Wdw f ur flid'picture i D, (Drivers license etc,)
PLEASE NOTE:ALL APPLICABLE INSURANCE AND OTHER REQUIREMENTS LISTED ABOVE MUST BE OBTAINED AND ON FILE,PRIOR TO THE
ISSUANCE OF A CITY PURCHASE ORDER BEING SENT TO YOU(VIA FAX OR HARD COPY)BY THE RISK MANAGERIPURCHASING AGENT,THUS
AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY.
Subr'nified b'v O'cun vk,,e alil blanks't: COLOR COPY REQUIRED BACK TO THE CITY
Company Name("Seller"):): By(Pant r ime S 00 e);
A-1 FENCE COMPANY o`° a d�'
Company Street Address. Vendor'sA ria,s,d Sltpr:ttttire re rrre;d:
2831 E. La Cresta Ave. 'It. """
Phone: a signed:
Anaheim,CA 92806
.. FAX.....................____............_..A..._��. .
r tate,Zip: at
7t4-630-3390 114 - 6 0 60 (
Vendor's Email address:ron@alfence.com Vendor's Web site:
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OMail
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Agreement No. 5400
1.GENERALLY. The materials, supplies, or services (collectively, "Purchase") 10.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from
covered by this Services Agreement("Agreement") must be furnished by Seller and against any claim, action, damages, costs (including, without limitation,
subject to all the terms and conditions contained in this Agreement which Seller, attorney's fees), injuries, or liability, arising out of the Purchase or the
in accepting this Agreement, agrees to be bound by and comply with in all Agreement,or their performance. Should City be named in any suit, or should
particulars. No other terms or conditions are binding upon the parties unless any claim be brought against it by suit or otherwise, whether the same be
subsequently agreed to in writing. Written acceptance or shipment of all or any groundless or not, arising out of the Purchase or Agreement, or their
portion of the Purchase covered by this Agreement constitutes unqualified performance, Seller will defend City (at City's request and with counsel
acceptance of all terms and conditions in this Agreement. The terms of any satisfactory to City) and indemnify City for any judgment rendered against it or
proposal referred to in this Agreement are included and made a part of the any sums paid out in settlement or otherwise. For purposes of this section"City"
Agreement only to the extent it specified the Purchase ordered, the price, and includes City's officers, elected officials, and employees. It is expressly
the delivery, and then only to the extent that such terms are consistent with the understood and agreed that the foregoing provisions will survive termination of
terms and conditions of this Agreement. this Agreement. The requirements as to the types and limits of insurance
2.CONSIDERATION. As consideration, City agrees to pay Seller for City's coverage to be maintained by Seller, and any approval of such insurance by
services not to exceed a total of$4,979(Four Thousand NineHundred Seventy City, are not intended to and will not in any manner limit or qualify the liabilities
NineDollars) for the work. City will pay for work as specified in the attached and obligations otherwise assumed by Seller pursuant to this Agreement,
Exhibit'A,"which is incorporated by reference. including,without limitation,to the provisions concerning indemnification.
3.INSPECTION. The Purchase furnished must be exactly as specified in this 11.WARRANTY. Seller agrees that the Purchase is covered by the most
Agreement, free from all defects in Seller's performance, design,workmanship, favorable commercial warranties the Seller gives to any customer for the same
and materials, and, except as otherwise provided, is subject to inspection and or substantially similar supplies or services, or such other more favorable
test by City at all times and places. If, before final acceptance, any any warranties as is specified in this Agreement. Warranties will be effective
Purchase is found to be incomplete, or not as specified, City may reject it, notwithstanding any inspection or acceptance of the Purchase by City.
require Seller to correct it without charge,or require delivery of such Purchase at 12.ASSIGNMENT. City may assign this Agreement. Except as to any payment
a reduction in price that is equitable under the circumstances. If seller is unable due under this Agreement, Seller may not assign or subcontract the Agreement
or refuses to correct such items within a time deemed reasonable by City, City without City's written approval. Should City give consent,it will not relieve Seller
may terminate the Agreement in whole or in part. Seller bears all risks as to from any obligations under this Agreement and any transferee or subcontractor
rejected Purchases and, in addition to any costs for which Seller may become will be considered Seller's agent.
liable to City under other provisions of this Agreement, must reimburse City for 13.INSURANCE. Seller must provide the insurance indicated on the face sheet
all transportation costs, other related costs incurred, or payments to Seller in of this Services Agreement.
accordance with the terms of this Agreement for unaccepted Purchases. 14.PERMITS. Seller must procure all necessary permits and licenses,and abide
Notwithstanding City's acceptance of any Purchase, Seller is liable for latent by all federal,state,and local laws,for performing this Agreement.
defects,fraud,or such gross mistakes as constitute fraud. 15.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as
4.CHANGES. City may make changes within the general scope of this an independent contractor and will have control of all work and the manner in
Agreement in drawings and specifications for specially manufactured supplies, which is it performed. Seller will be free to contract for similar service to be
place of delivery, method of shipment or packing of the order by giving notice to performed for other employers while under contract with City. Seller is not an
Seller and subsequently confirming such changes in writing. If such changes agent or employee of City and is not entitled to participate in any pension plan,
affect the cost of or the time required for performance of this Agreement, an insurance, bonus or similar benefits City provides for its employees. Any
equitable adjustment in the price or delivery or both must be made. No change provision in this Agreement that may appear to give City the right to direct Seller
by Seller is allowed without City's written approval. Any claim by Seller for an as to the details of doing the work or to exercise a measure of control over the
adjustment under this section must be made in writing within thirty (30) days work means that Seller will follow the direction of the City as to end results of the
from the date of receipt by Seller of notification of such change unless City work only.
waives this condition in writing. Nothing in this section excuses Seller from 16.WAIVER. City's review or acceptance of, or payment for, work product
proceeding with performance of the order as changed. prepared by Seller under this Agreement will not be construed to operate as a
5. TERMINATION. City may terminate this Agreement at any time, either waiver of any rights City may have under this Agreement or of any cause of
verbally or in writing, with or without cause. Should termination occur, City will action arising from Seller's performance. A waiver by City of any breach of any
pay Seller as full performance until such termination the unit or pro rata order term, covenant,or condition contained in this Agreement will not be deemed to
price for the performed and accepted portion of the Purchase. City may provide be a waiver of any subsequent breach of the same or any other term,covenant,
written notice of termination for Seller's default if Seller refuses or fails to comply or condition contained in this Agreement, whether of the same or different
with this Agreement. If Seller does not cure such failure within a reasonable time character.
period, or fails to perform the Purchase within the time specified(or allowed by 17.INTERPRETATION. This Agreement was drafted in,and will be construed in
extension),Seller will be liable to City for any excess costs incurred by City. accordance with the laws of the State of California,and exclusive venue for any
6.TIME EXTENSION. City may extend the time for completion if, in City's sole action involving this agreement will be in Los Angeles County.
determination, Seller was delayed because of causes beyond Seller's control 18.PREVAILING WAGES. If required by applicable state law including,without
and without Seller's fault or negligence. In the event delay was caused by City, limitation Labor Code §§ 1720 (as amended by AB 975 (2001)), 1771, 1774,
Seller's sole remedy is limited to recovering money actually and necessarily 1775,and 1776,SELLER must pay its workers prevailing wage. It is SELLER'S
expended by Seller because of the delay;there is no right to recover anticipated responsibility to interpret and implement any prevailing wage requirements and
profit. SELLER agrees to pay any penalty or civil damage resulting from a violation of
7.REMEDIES CUMULATIVE. City's rights and remedies under this Agreement the prevailing wage laws. In accordance with Labor Code§ 1773.2, copies of
are not exclusive and are in addition to any rights and remedies provided by law, the prevailing rate of per diem wages are available upon request from City's
8.TITLE. Title to materials and supplies purchased under this Agreement pass Engineering Division or the website for State of California Prevailing wage
directly from Seller to City upon City's written acceptance following an actual determination at h9ltx hw wni dir,T,a:ooyiDLSR�P'^IVQ,A copy of the prevailing rate
inspection and City's opportunity to reject. of per diem wages must be posted at the job site.
9.PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and Materials,supplies or services to include:
accepted. City will not pay cartage, shipping, packaging or boxing expenses
unless specified in this Agreement. Drafts will not be honored. Refer to attached Exhibit"A"
.. .........................................................................................._............ ..... ..................
A-1 FENCE COMPANY
Agreement No. 5400
EXHIBIT A
FENCE COMPANY
License#525260
Office: 714-630-3390 2831 E La Cresta Ave Fax: 714-630-6013
Office-Toll free: 800439-6014 Anaheim,CA 92806
ESTIMATE and/or CONTRACT
ITO: CITY PHONEa3 0 520F EL 4 27RDOGUNDO LO15 TETION: DIVIDING FENCE _ u
926 E IMPERIAL AVE, EL SEGUNDO q
9/28/2017 q
IFAX:
rIREFERENCES:tl
CELL: ADDENDA: pp
FROM: ERIK BROWN-ERIK(a),A1FENCE.COM E-MAILADD; RFAJARDOPELSEGL1NDO,OR
'lie folir;lwilsv iautcraaa ifil",al aiudtiles tfle scope of wacrla we iautend to hid or pralvide for Ila is prcjecl and our preliinmaary take-4 aft c%limlites Please advise us it
you see.ocy discrepancies,rcquire other items ot'interest or have udditiom d needs,information or addenda
Item# Description �Unit of Measure Unit Qty. $per Unit Totals y
1, INSTALL APPROX 48 LF OF 6'HIGH CHAIN LINK FENCE $3,379001
BETWEEN TWO EXISTING FENCES TO ELIMINATE u
PEDESTRIAN TRAVEL.POSTS DUG AND SET IN CONCRETE U
FOOTINGS I q
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ADDITIONAL ALLOWANCE FOR WORK AS NEEDED BY THE $1,600.0011
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TOTAL: $4.979.00
JALTERNA"TES OR OPTIONS LIS"T"ED BELOW
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THIS ESTIMATE IS GOOD FOR 30 DAYS FROM THE DATE SHOWN ABOVE
SEE PAGE 2 FOR INCLUSIONS AND EXCLUSIONS TO THIS ESTIMATE.
SEE ADDITIONAL PAGE(S)FOR ADDITIONAL TERMS AND CONDITIONS FOR FENCING AND GATE AUTOMATION,AS APPLICABLE.
SEE ATTACHED DRAWINGS FOR ADDITIONAL INFORMATION(IF APPLICABLE)
Agreement No. 5400
Page 2
Job: DIVIDING FENCE
Items checked to the left are incorporated into this estimate/proposal
X This bid includes prevailing wages. One continuous mobilization is included. Each
additional mobilization is $1,000.00.
We are a non-union shop. Normal workdays are 10 hours (6:30-17:00). Jobs requiring
X Project Stabilization Agreements, Apprenticeship Training, insurance"wrap coverage",
or special payment processing or methods may require special pricing adjustments. I
X Performance and payment bonds are not included but can be added. Permits and local
fees are not included.
X Clearing, grubbing, surveying, staking, grading,traffic control and special signage are
not included.
Removal of existing fences is not included unless noted. Unexposed rock, structure
X and wall foundations, buried pavement, and other obstructions may require special,
additional cost, footing modifications or fence line relocations. Concrete coring or saw
cutting is also additional unless noted.
This is an "A-1" design-build project. We follow"standard practices commonly used in
X the trade"along with our 60 years of experience. No additional specifications or special
design criteria or engineering have been identified or required.
X No additional consideration is made for wind-loading, seismic, or other engineering
and/or SWAPP protection. Polution Control Insurance rider is not included.
X Railroad insurance rider and/or flagmen, if required, are not included.
Concrete gate rollways, motor mounting pads and fence mow strips are not included
X unless specifically stated. If listed above,track embeds and post sleeves are included
and shipped loose for embedment by others.
X Standard field welding is included as needed. Structurally classified, certified field
welding is not included. AWS certified welding can be provided at additional cost.
If special door/gate hardware is excluded (ADA, closers, panic bars, etc) and is noted in
X the proposal,then we do not provide the following: preparation, mounting or
installation. Gate elevations vary and are subject to actual field conditions and must be
installed by a qualified hardware specialist.
X A-I will employ its standard means-and-methods, commonly used in the trade, which
will not be interfered with or altered, by any party, without a change order approval.
Electrical trenching, conduit, and wiring are not included. Electrical grounding of the
X fence (if required) is by others. If we provide electrical work, we do not work on "hot"
panels or active circuits.
Insurance coverage are $1,000,000.00, $2,000,000.00 aggregate. Additional insured
X certificates are issued "per project". Optional forms: `CG 2010 07/04' for on going
operations or `CG 2037 07/04' for completed operations.
X This bid is subject to A-1 Fence obtaining acceptable credit information and terms in
any subcontract agreement.
X Any fence not shown above is excluded. Quantities quoted are as shown.
X If special invoicing or labor compliance and reporting is required through a 3rd party,
then their charge for this will be added to the contract amount.
X �, Standard terms are:Net 30 days.
Form revised 4/18/14
A-1 Fence Company is part of A-1 Enterprises,Inc. A-1 Fence Company was
established in 1953.
Agreement No. 5400
A®I FENCE COMPANY THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ANY AND
ADDITIONAL TERMS AND CONDITIONS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND IT IS
SPECIFICALLY AGREED(1)THAT THE GOODS SOLD HEREIN ARE
FENCES AND GATES SOLD WITHOUT'ANY WARRANTY OF MERCHANTABILITY AND
In addition to the terms and conditions outlined on the front page of this (2)THERE IS NO WARRANTY THAT THE GOODS SOLD HEREIN
proposal, contract or work order, Buyer's signature constitutes a contract, ARE FITFOR ANY PARTICULAR PURPOSE IN NO EVENT SHALL
which includes the following terms,conditions and agreement SELLER BE LIABLE FOR INDIRECT,SPECIAL OR CONSEQUENTIAL
1. Additional Work. Buyer may request that Seller provide additional DAMAGES AND THE FOREGOING LIMITED WARRANTY SHALL BE
work,beyond the scope of the original contract. These change orders shall BUYER'S SOLE REMEDY FOR ANY BREACH OF WARRANTY
be corne binding art Buyer when authorized by Buyer's on-site BUYER,IN FURNISHING SPECIFICATIONS TO SELLER,AGREESTO
representative Buyer's representative must authorize these changes before HOLD SELLER HARMLESS AGAINST ANY CLAIMS BY WAY OF
the additional work is completed INFRINGEMENT OR THE LIKE WHICH ARISE OUT OF
2. Engineering Designs and Calculations Seller may provide design COMPLIANCE WITH THE SPECIFICATIONS
recommendations based upon its experience and using common practices 11 Limitation of Liability '['here is no guarantee as to when equipment
found within the trade 'these recommendations are made without additional will be returned to fully operational condition,or when the facility will be re-
consideration No guarantees Or warranties are included Noh"!.1, uot,qj: secured Seller shall not be liable for an), breach Of Security or loss or
slwilm-!, Only registered engineers can provide structural design damage resulting from malfunctioning equipment or because equipment or
information, including soils and footings requirements, seismic, structural gates have been removed for repair Buyer shall at all times be responsible
and wind loading evaluations and calculations for Securing the gate,(s)and premises and protecting against loss or injury
3 Title, Payment and Terms In addition to the terms identified on the Buyer is responsible for insuring that all gates are free of obstructions,debris
Front of this contract,Buyer agrees to pay interest on all accounts outstanding or damage that will interfere with the gate operation or gate safety,
for rnore than 30 days at the maximum rate permitted by California law 12. Right to Subcontract Seller shall have the right to use subcontract
Title shall not pass to Buyer until the contract price has been paid in full, services to assist in Fulfilling the terms of this contract
Seller reserves the right to remove all materials installed upon failure to pay 13 Paint and Coatings Seller does not warranty any painting or opaling
the contract price when due If Seller has been forced to file a lien in order to on any ornamental metal fences or gates that it manufactures or supplies It
receive full and Final payment their Buyer may be obligated to pay reasonable another manufacturer provides a warranted product (that is installed by
administrative charges to release the lien Seller)then the Seller will pass on this warranty to Buyer
In the event it becomes necessary for Seller to employ a collection agency In general, Manufacturers' warranties do not include Seller's labor to
or air attorney to enforce any of its rights under this agreement their Seller install or repair; nor do these warranties cover damages caused by others
shall be entitled to recover from Buyer reasonable collection agency fees, including: scratches, excessive sprinkler impact and staining, salt water
attorney's fees and court costs spray,misuse and abuse,excessive heat,rubbing and/or banging
4,Repairs. If this contract includes"repairs",Seller's obligation is to effect 14 Mobilization and Overtime Unless otherwise stated in this contract,
these repairs using new,used and/or Buyer's existing materials,as needed,to one mobilization is included, with work performed during Seller's normal
effect the repairs working hours If Buyer stops the work-in-progress, causing delays or
5 Right to Substitute, Seller reserves the right to substitute parts and additional trips,or requires special working hours,there will be an additional
equipment that Seller considers to be "or equal" unless specifically stated charge beyond the face amount of this contract
"no substitutions" 15 Disputes, Any disputes between buyer and seller that cannot otherwise
6 Force Majeure Seller shall not be liable for delay or failure to perform be resolved will be settled through private arbitration using a member of the
for any cause beyond its reasonable control American Association of Independent Arbitrators
7, Motorized Gates and Access Control Equipment Separate terms and 16 Clearing and Grading Buyer will clear and establish fence lines before
conditions are required for motorized gates and access control equipment construction This proposal does not include any grading,surveying,removal
8 Swimming Pool Fences Swimming pool fences do not guarantee safety. of any dirt,plants or other obstruction unless so designated in the proposal
Fences installed around swimming pools do not replace the Buyer's 17 Property Lines Fence will be set according to Buyer's instructions and
individual, sole and exclusive responsibility to constantly and continuously Seller will not be responsible For establishing property lines
safeguard all who use the pool or play near it 18 Underground Utilities Seller will not be responsible for damage or
8 1 Gate Safety ANY 'tire
repair to underground utilities or sprinklers
Buyer/owner/operator/user is solely responsible to:A Inspect and mSUrc that 19 Permits.Seller will not be responsible for obtaining any required permits
all track or wheel guided gates are free of obstructions,debris or damage that or city licenses unless so designated in the proposal
will interfere with the gate operation and safety B At least every 2 weeks 20. Final Measure Seller may. at its option, remeasure all work on
(actual schedule to be determined by user based on usage)inspect all gates completion to correct any errors and any such errors shall be adjusted at the
(manual and automated) and all other moving equipment that are readily established price for such work done
susceptible to damage and abuse. Immediately report all problems to Seller 21 Entire Agreement This document constitutes the entire agreement of
and Buyer's maintenance department Damaged gates are to be innnediately the parties and may be modified only by mutual agreement in writing There
secured and not used. are no other oral or implied services,guarantees,warranties,response times
9 Surveys and Inspections If Seller has offered or provided the Buyer or promises related to this contract Revised: 11/8/12
with a site inspection,safety inspection, site survey or the like, it is made
without consideration There are no implied security or safety guarantees Contractors are required by law to be licensed and regulated
made
10, Limited Warranty, Repair services are warranted to be free from by the Contractors' State License Board which has
defects in workmanship and material for a period of ninety(90)days from jurisdiction to investigate complaints against contractors if a
the date of purchase or installation Touch-up paint is not warranted During complaint regarding a patent act or omission is filed within
first period,air),defects that occur in normal use will be repaired or replaced, four years of the date of the alleged violation. A complaint
at Seller's option,at no additional charge Warranty work is only performed
during normal business hours. regarding a latent act or omission pertaining to structural
New equipment installations and materials are wart-anted for a period of defects must be filed within 10 years of the date of the
one year from the date of purchase or installation Painted and coated alleged violation. Any questions concerning a contractor may
ornamental iron fence and gate warranties are identified below, be referred to the Registrar,Contractors' State License Board,
In addition, equipment manufacturers may offer their own warranty on
new equipment sold or installed by Seller The manufacturers'warranty will P.O.Box 26000,Sacramento,California 95826.
be passed on to the Buyer and generally applies when the equipment or parts
are returned to the manufacturer for repair The labor used to remove and le-
install the equipment is, however, not generally covered, and, if Seller Accepted by Customer:
provides this labor,there will be a charge to Buyer Consumable items,such
as batteries, roller guides, gate wheels, ground track and the like are not Signature Date
warranted
Although this warranty gives Buyer specific legal rights,Buyer may also
have other rights pursuant to State law,and this contract is not intended to
hinil(Jintuaw"if of allowed by`ttinc hikk