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HomeMy WebLinkAboutItem No. 14 Amend No. 2 Hemet FenceText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: TMP-2797 Agenda Date: 6/12/2018 Status: Consent AgendaVersion: 1 File Type: ReportIn Control: City Council / Successor Agency Agenda Number: 14) Page 1 City of Lake Elsinore Printed on 6/7/2018 REPORT TO CITY COUNCIL To:Honorable Mayorand Members of the City Council From:Grant Yates, City Manager Prepared By: Catherine George Eakins –Administrative Assistant Date:June 12,2018 Subject:Amendment No. 2to Extend the Agreement with for Hemet Fence Corp.for ContractorServices (On-call) Recommendation Approve and authorize the City Manager to execute Amendment No. 2to extend the contract with Hemet Fence Corporationfor anadditional 12monthswitha not to exceed contract amount of$40,000 in such final form as approved by the City Attorney. Background TheCity has been contracting with Hemet on an On-call basissince August 19, 2016. The contract wasextended 12months for FY2017-2018. Staff requestsa further extension for FY2018-2019, as allowed for bythe terms of the Original Agreement. This willbe the second and final extension under this Agreement. Discussion Hemet Fence Corp. hasproven to a reliable contractor in providing on-call contractor services for unexpected work performed on an emergency basis or with very short notice. The proposed Amendment will extend the Agreementfor a 12-month renewal term at the rates provided for the in the Contractor’s Proposal attached to the Original Agreement with total compensation during such extended term not to exceed $40,000in FY2018-19. Fiscal Impact Funds are available in the FY2018-2019 Public Works Operations budget. Exhibits A -Amendment No. 2Agreement B -Amendment No 1Agreement C -Original Agreement Exhibit A AMENDMENTNO. 2 TO AGREEMENTFOR CONTRACTORSERVICES(ON-CALL) Hemet Fence Corp. Citywide Fencing Services This Amendment No. 2to Agreement for ContractorServices (“Amendment No. 2”) is made and entered into as ofJuly 1, 2018by and between the City of Lake Elsinore,a municipal corporation(“City), andHemet Fence Corporation(“Contractor”). RECITALS A.The City and Contractorhave entered into that certain Agreement for Contractor Servicesdated as of August 19, 2016(the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B.The Original Agreement provided for compensation to Contractorin an amount not to exceed ThirtyThousand dollars ($30,000) for Fiscal Year 2016/2017. C.The term of the Original Agreement was for ten(10) months and allowsthe City to extend the term not to exceed two(2) additional renewals. D. Amendment No. 1 increasedcompensation to $68,000 and extended the term of the Original Agreement a further 12months. E.The parties now desire to extend the term an additional 12monthsfor a not to exceed amount of $40,000 as set forth in this Amendment No 2. NOW, THEREFORE, inconsideration of the mutual covenants and conditions set forth herein, City and Contractoragree as follows: 1.Section 2, subpart C, Term, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 2 shall continue in full force and effect for a period oftwelve (12) months, commencing on July 1, 2018and ending on June 30, 2019. 2.Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Contractorshall be in accordance with the fees set forth in Contractor’sProposal (Exhibit A to the Original Agreement). In no event shall Contractor’s compensation related to Contractor’s Proposal, Exhibit A in Original Agreement, exceed FortyThousand Dollars ($40,000) for Fiscal Year 2018-2019without additional written authorization from the City. Notwithstanding any provision of Contractor’sProposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4.Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties have caused this Amendment No. 2to be executed on the respective dates set forth below. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONTRACTOR” HEMET FENCE CORP., a California corporation By:Cindy Martin Its:_______________________ Attachments:Exhibit A–Original Agreement EXHIBIT B EXHIBIT B ORIGINAL AGREEMENT [ATTACHED] AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) Hemet Fence Corp Citywide Fencing Services This Amendment No. 1 to Agreement for Contractor Services ("Amendment No. 1") is made and entered into as of June 13,2017 by and between the City of Lake Elsinore, a municipal corporation ("City), and Hemet Fence Corp, a California corporation ("Contractor"). RECITALS A- The City and Contractor have entered into that certain Agreement for Contractor Services dated as of August '19, 2016 (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement- B. The Original Agreement provided for compensation to Contractor in an amount not to exceed Thirty Thousand dollars ($30,000) for Fiscal Yeat 201612017. C. The term of the Original Agreement was for ten (10) months and allows the City to extend the term not to exceed tlvo (2) additional renewals. D. The parties now desire to e)dend the term as set forth in this Amendment No. 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows: 1. Section 2, subpart C, Term, is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Amendment No. 1 shall continue in full force and effect through Fiscal Yeat 201712018. 2. Section 3, Compensation, is hereby amended to read in its entirety as follows: Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A to the Original Agreement). ln no event shall Contractor's compensation related to Contractor's Proposal, Exhibit A in Original Agreement, exceed, in the aggregate, Sixty Eight Thousand Dollars ($68,000) for Fiscal Year 2016-2017 and Fiscal Year 2017-2O18without additional written authorization from the City. City of Lake Elsinore Hemet Fence June 13,20'!7 Page 'l Notwithslanding any provision of Contractor's Proposal lo thg contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost wihout an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 3. Except for the changes spgcifically set forh heroin, all oth6r terms and conditions of the Original Agroement Ehall remain in full force and efiec't. lN WITNESS WHEREOF, the parties have caus€d this Amendment No. 'l lo b6 exEcutod on the respectivo dales set forth belolr. 44,b ,CO}ITRACTOR" HEMET FENCE CORP, Its: 'clTr Clry OF LAKE ELSINORE, a munioipal corporation APPROVED AS TO FORM: P"-.-\ tnl",-*-_- City Attorney Attechmsnts: Original Agreement Clty ol Ld(r Ehlml! Hemd Fdrca Jun.l3,2017 *r", ofarfrZ Page 2 ATTEST: ORIGINAL AGREEMENT [ATTACHED] Hemel Fence Corp. 25959 Juniper Fltts Rootl Honeland, CA.92548 Phone: {951) 926-814E Fox: (951) 926-1J98 Liceuse # 1000132 - Expires 1/312017 The City Of Lake Elsinore 130 South Main Street Lake Elsinort, California 92530 To whom it may concern: Hemet Fence Corp. provides the following labor and material rates for Time and/or Matcrial work performed for the City for emergency, service, or incidental work: The hourly rate forwork performed by our crews will be at the rate of $90.00 per hour which includes the costs for our truck, inJurance, payroll, and applicable taxes. Please keep in mind that our crcws gencrally include 2 men so the actual cost per hour is $180.00 for most work, but will bc billed by the man hour at the $90.00/Hr. Rate. f,'or Saturday and overtime work please ligure $135.00 per.man hour. For Sunday and holiday work, plense ligure Sl8q.00 per man hour , t,"" The minimum cost per call is 8 man hours and the billing is calculated from our shop to the ioh site and back in Vrhaur segmcnts. For materials applicable to any project forwhich a quote is not provided in advance, the cost rvill bc Manufacturer's List Price * 25Vo Mark Up f Salcs Tax. In any event, a quote may be obtained for any work in advance of beginning any project. Sincerely' "Fl*tWes Martin Cell = 951-288-1068 Staatarm r'r &.State Farm@ Your Policies and Acounts State Farm Agent - OLLIE HATCH I HIcy Number: 297 0255.€01-75 000 I Assoddcustonrers: PRII.IARYNAIIIEDINSURED I vrH, tFD*F36srzED5{55r pftEFERRED\oLUArARy L ?@? F9RD, E359 sD .q^T8.EDJB.U.o(_ L8sl Rstr6hsd: 6r?1 mll at HEl,lET FENCE CORP PO 80X 619 HOMELAND, CA 9254806T9 UNKNOWN Folicy Number;2737y.2-tu+75 @0 Assodded Orstsner: PRII'IARY I{AI'IED INSURO WN: 1FDAF56EI2EA807B3 PflEFERREDVOLUI{TARY r08,D rs505q PAOGGE: SII'IGTE UMTT LIABILITV EOOTI-Y N'URY MEDICAI PAYl,lEt{TS MffPREHS{sNE UNITISUR€DTNDERINSURED MOTOR VEIICTE . PROPERW OAI.IAGE coursroN UNINSJRED1IJN0ERIiEUREO l,lgt0R VEilOf PROPERW DAJI4AGE PACIGGE: StNGl.E UMIT LIABILITY BOOILY IRIURY I'IEDICAI PAYMEMTS UNNSUREDruNDER.INStnEO MOTOR I/EHIG.E - PROPERTY OAi,IA6E UNII|S,JRED JNDERINSITRED fi OTOR VEttOf PR@ERTY DAMAGE Policy ftumbec 353 98{6-817-75 000 Assodated qrftmer: PRIMARY |IAT.IEO II'ISURED VII{: IGBHA266F{338!}3 PREFERRED\OIUI{IARY PACIOG€: BOOILY INJURY MEDICAT PAI1,1ENT5 COMPRE}GNSN/E T,NINSUREDIJI,\DERIIISI,,RED T.IOTOR l/EHIl.i F . PROPERTY DAI,IAGI @TUSION UNINS.'REDN'{DERINSURED MCTTOR IEHICTE PROPERTY DAI{AGE PACKAGE:UMTT LIAEIUTY BODILY IN'URY MEDICAL PAY?'IENTS mHPREHE.ISf\iE UNINSIJREDA.,NDERINS.,,REO MOTOR VEXIOE . PROPMTY DAf.,IAGE cotLl$oN LB{INSURED/IJNDERIHSURED MOTOR VAIr! F PR,OF€RTY DAMAGE Follcy Number:356 5160.817.75 tr)o Associated G,*6Te's: PRIMRY NAlttED INSI.,RED WN: 1FIE(rEBAfD805}4 PREFERRED 1m0000 (UMIT PER OGJRR8-ICE) 1m00m (ur.lrr PER oaoJRRB.r€r) 5000 (LnrIT PER PERSON) 3500 (uMtT P€R OCCURf,B.TCE) 30m0 (uHrr PER PERSON) / 60000 (UMIT pm oCCTJRRENCE) rqm00 (UMITPER In@pdoo Date: 6l4nw7 HEMET FE'I€E MRP Irr@tion Date: 51u2008 HEI-IET FENCE COflP Inepdon Datfx 8/17fI010 HEHET FENCE CORP 0 (uMrT PER OCO,TRREi'ICE) 00 0 (uHn PER PERSOH) 250 (O!EMr.r- DEDITCrIBI-E) 00 500 (o/En.ArroEu,cfia.€) 00 PER OCO,RREI{G) Tem kemlum: 6$.1.82* Term Sbrt: 614n0J7 Term hemium: 361.21 * TefihStaft: 51il2Afi Term Pr€firlum: 565.34 t Term S&rrt: U17t7017 Term Premium: 639.50 ' ShA: 2/l 1(xxn00 (ut4r P€R ocuRRENcE) 50q, (uHn PER PERSON) 250 (ovERAr DaucnB-E) 500 (uMn Pm, ocojRREilcr) 5(x)(o\'ERAII 0@UCIl8t5) 3(XE0 (ur4[r PER PERS0,|) / 60{,00 (L$lIT PtR OCOTRREI'ICE) rm0000 (UMITPER occt P.RB{CE) 1000m0 (UMIT PER oc1.rP.RENCf) 5000 (uMIr PER p€RSOr{) 500 (o/EM[ o€DtEfIBrr) 500 (uHrT PER OCqTRRENCE) 5O0 (OViERAI DEDrrfiEr.f) 100000 (uHrT p€R PERSoN) / 3000r{D (rJ}qrr ftR occuRRENG) r00@00 PER Inepthn Date: ALTPoll HE}IET FE TCE CORP @nt b6otrrgctgel@Nfr wge lot pilctF) tmm lr 6e g/dr9d ,l ahe tlmc lt b pr*uln aN Ny not !d.r crdrsFr,tl€ @ftngc,trdadcg tM Nky. fhfs ,B.tG @t c,P,cc fie l€,n,s aid @otth&'n af dE odt)rl pllcy, For act rE ,nd @adltbnt o, lha Wrls) E$tn rd6 t0 W.t( t6wl NtcY frrry@rfc, Ttrrs fst ,5 tal pwl d h!,uro,@ ,,rd b rE,l o @alrd of lfrar.rfi\. PdkT Number: 3r4 2293€:18-75 mO lnepthfl Dab: 8Flf20r0 T€rm Premium: 637.68 t Assodated Customefs: PRIIIARY f'IAMED INSURED HETI1ET fE:YCE @RP VIN: 3RMLS256V353334 mEFERREOIOIUNTARY Temrstare ZnAP0lT Last R6{ro$ed: 6127AA17 sl lzmiqAM CDT AssodaEd Orsto.n€fs: PRIMARY |{AMED INST RED vIN: r@c4Et193F501173 PREFERREDTTOLUNTARY PACI6GE: STretf UMTT UAEIUTY BODTLY IiUtJRY MEDTCAT PAYI.IEHTS @MPREHS{SI'/E iTgTOR I/EHIO.E . PROPERTY DAI'IAGE @u$Iot'l UNINST'REDAJilDERTIS(NED FIOTOR I/E}IIOE PROPERTY DAMAGI : SINGI,E Ll,{rT [I EIUTY BOOILY I}{'URY MEDICAL PAYI'IEHTS ColvlPtrEHENSr!E U'{NSUNEDA.ilDtRIITSURED t'lottn VEHIOE . PROPERTY OAI.IAGE COtrIsION UNINST'REDMD,ERINSURED'.IOTOR VEHIO.E PROPERTT DAIAGE r$00m (uMrr PER oGIJRREI1TCt) r0o@00 (uMn PER ocrJRREItlcE) 5000 (uMrT PER PCRSOft) 250 (O\ERA[ oEilfiI8l F] 5OO (UMIT PER O@JRREHCE) 500 (ol/tRAU- D6Dt CIIBIf) FAIR HARXET VALUE 3(Ix)0 (uMrr PfR PERSOT{) / 6600 (UMIT PER Om.TRREN(E) OatB Currant As of: fl'|6/2017 State Farm@ Your Policies and Accounts State Farm Agent - OLLIE HATCH HEMET FEITCE CORP PO BOX 619 HOME|-AND, Ct 925480619 UNKNOWN . DISCOUHT- CONVICTIOII FREE DISCOUTIT-GOOD DRTYER DTgCOUITT- LOYALTY DISCOUNT. MULTICAR. otscoullT - vEtuct"E SAFETY PACXAGE: SIIiIGIE UMTT LIABIUTY BODILY IruURY MEDICTL PAYI'{EHIS @MPRE}ENSI\ft I,NI,{ST,RED/TSTDERINSURED !'IOTOR VEXICIE - PROPATY DAMAGE cor.llstoil EI',IERGEI{CY ROAD SERVICE r.fi{tilcrRED ,.IDERINS{,RED r.rOrOR vEilq-E PROPAITY O{UAGE PER OCCURREilCT) Pollcy Nuiberl 1-7s 000 lnepuo.! Date: a/t12016 HEMET FE{CE @RP T€rm Prerilum: 612.58 r 4llrn0,7 PEROCAnREilCE) rfim000 (uM[ PER ocuRRsa"G) s000 (uMrr PER PcRSor'{} sm {orcRAr oEDucIle.E} 500 (uMrT PER OCO.TRREITCE) 500 (omAl.r oEDrffsL€) 500txE (uHrT Pm. PERSON) / rfirx'oo (UHn PCR OCOfiREIJCE) 1000m0 (ulrlT PER omJRREhrcEl 100(uD (uMrr PER 10000s (uHrr PER oGJRREI{(E) s000 {u}4rT 9ER PERSOT'I) 250 (O/ER^[ OEDUCIIAIE) 5q) (uMrr PER OCOTRRENCE) s00 (ovERArloE)trTIEl.E) 300m (ur4rT P€R PERSO{) i 6fiX'0 (UHn PfR OCCITRREI{CE) 10000m PER ,Y - f.lORIvt/AL ElLUNG @/,,all!non$e g$arrrdfs(,i,dnolororgGfo(N,crtilkffi,oDcArrdr'scd3lrrlc thae nbr,odueidaodmaf Na crdrs,("d/lk @rE,rgetndiitd Btr ,!,fq. TrrB ,l* de, not drttgxt dta Gm toC ead,Jtbt d ,rE .durl Flby. ts Efrt and @ldidEr'J ol dr dlcir) Ndt rclab}a,)rrd,)d Pilc'flrtwtgc. tuE H E td gd d lafl/tra.ffi eDd l, tfr . @Ex, d hwa@. ffi?if+*Oi:ZS-O0O tncepdooate: 5/5/2015 Termhemtum: 762.A4 Asso6ted Ar$nm€rs: PRIi'|ARY NAI'IED INSIfiED HEJ'4E[ tEI'lCE CORP VIN: IFDI,F5GT9GEB98938 PREFERREDIIOLUI{TARY TCTMSA't 3I5I2OI7 SffieFarm&. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR]UIATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIGIES BELOW. THIS CERTTFTCATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE TSSU|NG TNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICA?E HOLDER. IMPORTANT: !f the certlfacate holder is an ADDITIONAL INSURED, tho policy(les) must havc ADDITIONAL INSURED provisions or ba endorsed, lf SUBROGATION lS WAIVED, subject to the terms and condltlons of the policy, certain policies may requlre an endorsement. A statement on holder ln lieu of such Speake lnsurance Services, lnc. 1791 Thlrd Street Norco, CA 92860 Llcense #: 0D08463 Hemet Fsnce Corp 25959 Juniper Flats Road Homeland, CA 92548 (9511764-2417 CERTIFICATE OF LIABILITY INSURANCE The ACORD name and logo are regislered marks of ACORD Printed by GIN on June 21,2017 al l0:004M CERTIFICATE NUMBER: THIS 'S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED EELOWHAVE BEEN ISSUED TO THE ]NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTV\/ITHSIANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WTIICH THIS CERTTFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICTES DESCRIBED HEREIN tS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUCED 8Y PAID CLAIMS. COiIMERCIAL GENERAL UA gLITY .LA'M.-MADE lTl o""r* AGGREGATE LIMiT APPLIES PER: ,or,"rlxl i5& I.o" AUTOMOBC-E LIABILITY ANYAUlO owlrED f_-l scHEour-Eo AUTOSONLY I I AUTOSHTRED I I tnN.ow{ED AUTos ONLY L ] AUTos oNLY BODILY INJURY (P6, porsn) ANDETUPLOYERS',LTABTL|IY YrN PROPRIEIOR/PARTNER'EXECUTNE T- cER,MEiIB,ER excLUDED? llt_l OESCRIPnON OF OPERAIONS, L@AnONS i VEHICLES IACORO tol. Addlaloml Rom.rls Schrdulo, my be attaohEd It mor6 sp.6 ls EqllEdl 30 Day cancellation provislon reverts to 10 days notice in the event of non-payment of premlum. RE: On Call Fencing Services The City of Lake Elsinore, its elected or appointed offlcers, employees, agents, and volunteers are included as Addltional lnsured on a PrimaryrNon-Contributory basis, includlng Walver of Subrogatlon for General Liability per CG2010 10/01; TEN02'15 01/{4; and CG2404 05/09 attached Waiver of Subrogatlon applies to Workers'Gompeneation per form to follow Gity of Lake Elsinore ATTN: Public Works 130 South Main Street Lake Elsinore, CA 92530 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE OELIVERED IT{ ACCORDANCE WITH THE POLICY PROVISIONS. CORPORATION. All rights reserved. ACORD 25 (2016t03) POLICY EFF .TIM'DD'YYYY LIATITS A Y Y TEN18095 09t01t2016 c 'l .OOO 0OO ItsNIEU s 100-000 MED EXP (Arry onep€IM) PERSONAL &ADV INJURY GFNFPAI AGGRFGATF s 5_O00 s '1.000-000 s 2-O0O-0O0 s 2-000-000 $ AMAGT, i $II s B UilERELLAL|AB I Xloccrn ExcEssuaB T_l ^, ",.," EBU015433877 09,011201 6 utru tr4u t,EAC}I OCCURRENCE AGGREGATE " 2"000-000 s 2.000.000 non I io"r"*,.,*r"t c Y v9wc898171 $|ail2a17 I I OTH.ilfrtrI IEo c 1.000-000 s.. 1,000,000s 1.000.000 COMMERCIAL GENEML LIAB ILITY oc 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modlfies insurance provided under tho following: COMMERCIAL GENEML LIABILITY COVEI1AGE PART SCHEDULE Name Of Addltlonal lnsured Person(o) Or Oroarrlzatlonlsl:Locatlon(sl Of Covered Operattons Only thoso partles requlred to be named as an Addl" tional lnsured ln a wrltten contractwlth the Named lnsured under thls pollcy, entered lnto prior to loss or "occurrencet', ALL lnformatlon roquired to complete lhis Schedulo. lf not shown above, wlll be shown ln the Doclarations. A, Sectlon ll - Who ls An lnsured ls amended to lnclude as an additional lnsured the person(s) or organization(s) shown ln the $chedule, but only wlth respect to liability for "bodily injuty'', "property damage" or "personal and advertlsing injury" caused, in whote or in part, by: {, Your acls or omissions; or 2. The aets or omlsslons of those actlng on your behalf; ln the performance of your ongoing operations for the addilional insured(s) at the localion(s) desig- nated above, B, Wth respect to the insurance afforded to these addltlonal lnsureds, the following additional exclu- slons apply: This lnsurance does not apply lo "bodily injuS'or "property damago" occurrlng alter: f . All work, inctuding materials, parts or 6quip. ment furnished ln connection with such work, on the project (othor than service, malntenance or ropalrs) to bo performed by or on behalf of lhe addltlonal insured(s) at the localion of the covered operations has been completed; or 2. That portbn of '!our work'r oui of which lhe injury or damago arises has be6n put to its ln- tended use by any person or organlzatlon other than another contractor or subcontractor en- gaged in performlng operatlone for a principal as a parl of lhe same project. cc 20 10 0? 04 @ l$O Propertles, lno., 2004 Page { of 'l COMMERCIAL GENERAL LIABI LITY THIS ENDORSEMENT GHANGE$ THE POLICY. PLEASE READ IT CAREFULLY. TEN0215 01 14 PRIMARY AND NON.CONTRIBUTING IN$URANCE This endor$ement modifies insurance provlded under lhe following: COMMERCIAL GENERAL LIABTLITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECT'VE LIABILITY COVERAGE FORM The following ls added to sECTloN lv - coMMERc,AL GENERAL LtABtLlrY coNDtroNs, Paragraph 4: Sectlon lV: Cornmerclal General Llabllity Condltlons 4, Other lnsurance: d. Notwlthstandlng the provlslons of sub-paragraphs a, b, and c of this paragraph 4, with respect to the Third Pa(y as defined below, lt ls understood and agreed that ln the ovont of a clalm or "$ult" caused in whole or in part by lhe Named lnsurecl's negligonce, tltis lnsurance shall be primary and any olher lnsurance malntained by lhe additional insured named as the Third Party below shall b6 excess and non-conlrlbutory. The Thhd Party to whom lhis endoroement applies is: Absenco of a spocifically named Third Party above means this endorsemant applies only lo those thlrd parties required to be named as an Additional lnsured as Primary and Non.Coniribulory'coveraoe speclfied lir a written conlract with the Named lnsured under lhiipolicy, enlered lnto prior to thei'loss" or 'b6currence". All other tarms, cortditlons and exolustons under ihis policy are applicabte to this Endorsement and remain unchanged. TEN02i5 01 {4 lneludes copyrlght materialof lnsurancs Services Office, lnc.Page { of { POLTCYNUMBER: TEN1B0S5 COMMERCIAL CENERAL LIABILITY co 24 04 06 09 WAIVHR OF TRANSFER OF RIGHTS OF RECOVERY AGAIN$T OTHERS TO U$ Thls endorssmont modlflos hrsurance provlded lndor lho follwJlng: COMMERCIAL GENERAT IIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Tho followhtg le atlded to Paragraph B, Trnnafer Ol Rlghts Of Rocovery Agalnst otlrors To Us of Secllon lV- Cotrdlllons: We walvo any rlght ol recovery tv€ may havo agalnel lhe person or organlzatlon sholn ln thg Schedulo ebovg becauoo of paymenls vre make for lnJury or damage adslng oul ol your orgolng oporatlons or lour wolt{ done undor a contraot wlth that porsonor orgarllzallon qnd lncluded [n lhot'products.conpleted opslalions hazald'. Thts walve r applloo only (o lhe porson or organlzallon ohown ln tlre Solmdule above. SOHEDULE Natne Of Pereon Or Organlzallon: stuh Person orOrganlzatlon whqo requlred ln a v/ritlen conlractrvith tho Nanred [nsured under lhis policy, ed lnto prlor lo lhe loss or'occul.once'. cG 24 04 05 09 @ lneuranco Sorvlcss Of,lce, Inc,, 2000 Fage I oll AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) Hemet Fence Corp. Citywide Fenclng Services This Agreement for Contractor Services (On-Call) (the "Agreement') is made and entered into as of August 19, 2016 by and between the City of Lake Elsinore, a municipal corporation ("Cily") and Hemel Fence Corp., a California corporation ("Contractor"). RECITALS A. The City has determined that it requires the following services: On-call emergency fencing services. B. The Contraclor has submitted to Cily a quote, dated August 4, 2016 which is attached hereto as Exhibit A (collectively, the "Contrac{or's Proposal") and incorporated herein, to provade services and related work to the City pursuant to the terms of this Agreement. C. contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the servicEs and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scooe of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contraclois Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hout-a-day,7 day-a-week, on-call support on an as needed basis. 2. Ilrne-qtferfgq0afeC. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, fumish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. FY 2016-2017 Agreernent for On-CallServices - Hemel Fence docx Page 1 c. Tem and Compliance with Tasklwork Order Svstem. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of ten (10) months, commencing on August 19, 2016 and ending on June 30, 2017. the city may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed two (2) additional hvelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contraclor hereby agrees and acknowledges lhat any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/lA/ork Order issued by the City. 3. Compensation and Cost of Livinq Adiustmenl" Compensation to be paid to Contractor shail be in aicordance with the fees set forth in Contlactor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. ln no event shall Contractor's compensation exceed Thirty Thousand Dollars ($30,000) per Fiscal Year, without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. The compensation paid to contractor may be adjusted on each July l following the first anniversary of the commencement ol the term of lhis Agreement, provided thal The request for cost of living adjustment shall be presented to the City no later than June 'lst of a particular year and, if approved by the city, will become effective on July 1st of that year. Any adjustment will be based on the Los Angeles-Riverside-Orange County Consumer Price lndex (CPl) but in no event shall the price adjustment exceed five percent (5%). 4. Method of Pgvment. Contractorshall promptly submit billings to the City describing the services ana retaieO work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours Spent and by whom, and a description of any reimbursable expenditures. city shall pay contractor no later than forty-five (45) days after receipt ofthe monthly invoice by City staff. 5. Susoension or Termination. a. The Gity may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any poriion hereof, by serving upon the Contractor at least ten (10) days prior writtan notice. Upon receipt of such notice, the Contractor shall immediately cease all worti under this Agreement, unless the notice provides otherwise. lf the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. ln the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, Page 2 provided that the work performed is of value to the city. upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, exoept working notepad internal documents, shall become the property ofthe City upon payment to Contractor for such work, and the C1y shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request City acknowledges that any use of such materials in a manner beyond the intended purpose as Set forth helein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out ofthe City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensino of lntellecua!:e[gpeI[. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otheMise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contrac,tor has the legal right to license any and all Doolments & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. QanfidelIdilv. All ideas, memotanda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written informaiion, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any punposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement Nothing furniahed to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 7. Contractor's Books and Records. a. Contractor shall maintain any and all Iedgers, books of account' invoices, voUchers, canceled checks, and other records or documents evidencing or relating to charges for Page 3 services, or 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 to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business nJurs, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Haltwhen it is practical to do so. Otherwise, unless an alternative is mutually agieed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and dbcuments shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-i nterest. L lndepgFdent Contfactor. lt is understood that Contractor, in the performance of theworkanosryrmed,shallactasandbeanindependentcontractorand shall not act as an agent or employee of the City. L PERS Eliqibilitv lndemnification. ln the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PER-S) to be eligible for enroilment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS beneflts on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its amployees, agents, and subcontractors pividing service under this Agreement shalt not qualify for or become entitled to, and hereby agree tdwaive any claims to, Jny compensation. benefit, or any incident of employment by City, irictuding but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid Oy City for employer contribution and/or employee contributions for PERS benefits. 10. lnterests of Contractor. Contractor (including principals, associates and management ernployees nanis anA represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreemeni or iny other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties. hereunder no person having any such interest shall perform any services under this Agreement. Page 4 contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11 . Abilitv of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 12. Comoliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualificaiions, insurance and approvals of whatsoever nature which are legally required of Contractor to practtce its profession. Contractor represents and warrants to City that Contractor shall, at iG sole cost and expense, keep in effect or oblain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14- lndemnitv. Contractor shall indemniry, defend, and hold harmless the City and its officials, offlcers, ernployees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal iniury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law oi ordinance, to the extent caused, in whole or in part, by the willful ma$conduct or negligent acts or omissions of contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contraclor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of contractor or its employees, subcontractor,,or agents hive contributed in no part to the injury, loss of life, damage lo property, or violalion of law. lt is understood that the duty of Contractor to indemnrry and hold harmless includes the duty to defend as Set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmllss clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Page 5 15. lnsur?ncFRgqgll,Fments. a. ln$urancq. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coveraqe. Contractor shall maintain Workers' Compensation lnsurance and Employer's Liability lnsurance for his/her employees in accordance with the laws of the State of California. ln addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation lnsurance and Employer's Liability lnsurance in accordance witlt the laws of the $tate of California for alt cf the subcontraitor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation poticies must be received by the City at least thirty (30) days pr'tor to such change. The insurer shall agree to waive all rights of subrogation agalnst City, its officers, agents, employees and volunteers for losses arising from work performed by Contractoifor City. in the event that Contractor is exempt from Worker's Compensation lnsurance and Employer's Liability lnsurance for his/her employees in accordance with the laws of the State-of California, Contractor shall submit to the Ci$ a Certificate of Exemption from Workers Compensation lnsurance in a form approved by the City Attorney. ii. General LiabilitV- Coveraoe. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence foi UoOity injury, personal injury and property damage. lf a commercial general liability insurance forrn oi other form witn a general aggregate timit is used, either the generit aggregate limit shall apply separately to the work !o be perfcrrned under this Agreement or ihe general aggregate Iimit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as lnsurance.services Office Commercial General Liabitity occurrence form CG 0001 (ed. 11/BB) or lnsurance Services Office form number GL 0002 (ed. 1/73) covering compiehensive General Liability and lnsurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. A,uto_mobil* , Liabilitv cqyeraqe. contractor shall maintain automobile tiabitity insilffi coveringr OoOiti injury and property damage for all activities of the Contractorirising out of or in Connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one mittion dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as lnsurance Services Office Automobile Liability form CA 0001 (ed. fl90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall Oe win inswers possessing a Best's rating of no less than A:Vll and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, otficials, employees, agents and volunteers are to be covered as additional insured with respect to liability' aiising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. Page 6 ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents.and. volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the city, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Selllnsured Retentionp. Any deductibles or self-insured retentions must be OectareU to anA approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certif,igAtp$ of lnsurance. Contractor shatl provide certificates of insurance withoriginalendorseffinceoftheinsurancecoveragerequiredherein' Certificates of such insurance snbtt Oe filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Nqtices. Any notice required to be given under this Agreement shall be in writing and either semeO pe.rsonally or sent prepaid, first class mail. Any such notice shall be addressed to the other party'at the adiress set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. lf to City:City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: CitY of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 lf to Contractor: Hemet Fence CorP. Attn: Ms. Cindy Martin 25959 Juniper Flats Road Homeland, CA 92548 PageT 17. Entire Aoreement. This Agreement constitutes the complete and exclusive statement of I$eement between the Clty anO Contractor. AII prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Af.r.rgndments. 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. 19. AssionFrent and $ubcontraclinq. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contrac{or. iontractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not srJbcontract any portion of the work to be performed under this Agreement witfto.ut the written authorization oitfre City. lf City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontiactor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. SevR,fa.bilitv. lf any term or portion of this Agreement is held to be invalid, illegal, or otherwise urn-ntorceante by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling LAw Vgnue. This Agreement and all matters relating to it shall be governed Oy the taws of tne Stite of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litioation Expenses and Attornevs' Fees. lf either party to this Agreement cornmencesaarisingoutofthisAgreement.theprevai[ing party shall Oe entitliO to recover its reasonabte litigation expenses, including ccurt costs, expert witness fees, discovery expenses, and attorneys'fees. 24. Mediation. The parties agree to make a good faith attempt to resalve any disputes arising out ot tnGl@ment through mediation prior to commencing litigation. The parties shatl mutua=lty agree upon the mediatorlnd share the costs of mediati0n equally. lf the parties are unable io igree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators- Each party shall have the option to strike two of the five mediators selected by JAMS and-thereafter the mediator remaining shall hear the dispute. lf the dispute remains unresolved after mediation, either party may commence litigation. ZS. E*ecution. This Agreement may be executed in several counterparts, each of which shall coniiitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. ln approving this Agreement, it shall nif Ue necessary to produce or account for more than one such counterpart. Page B 26. Authoritv to Enter Aqreement. contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 27. Prohibited lnterests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration corftingent upon or resutting ftom the award or making of this Agreement. For bleach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no membet, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefrt arising therefrom. 28. Equal ODoortunitv Emolovment. 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, religion, color, national origin, handicap, anc€stry' sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial empioyment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. Prevailino Waqes. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as Califomia Code of Regulations, Title 8, Section 16000, et s€q,, ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and 'maintenance" projects Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). lt is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear atl risks of payment or non-payment of prevailing wages under Califomia law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers' employees, agenti, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts' each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. ln approving this Agreement, it shall not be necessary tO produce or account for more than one such counterpart. lsignatures on next pagel Page 9 lN WI?NESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "clTY" CITY OF LAKE ELSINORE, a municipal corporation City Clerk APPROVED AS TO FORM: Aftachments: Exhibit A - Contractor's Proposal ,CONTRACTOR' HEMET FENCE CORP,, a California corporation ATTEST: Page 10 EXHIBIT A CONTRACTOR'S PROPOSAL TATTACHEDI EXHIBIT A ,r-* -_=*_J=*^:*G. .-* -*\. +\, IrEfr Ei FCi!=€.E*, -\-**-T---*.--**o-*-*, Hemet Fence CorP. 25959 Juniper Flats Rootl Honrcland' CA- 92548 Phone: (951) 926-5146 Fax: (951) 92C1398 License il 1000432 - Expires l/31/2017 The City Of Lakc Elsinore 130 South Main Street Lake Elsinorc, Californir 92530 To whom it may concern: Hemet Fence Corp. provides the following labor and material rates for Time and/or Matcrial work performed for the City for emergencyr servicc, or incidental work: The hourly rate for work performed by our crews will be at the rate of $90.00 per hour which ircludes the costs fLr our truck, inJurance, payroll, and applicable taxes. Please keep in mind that our crcws gcncrally include 2 men so the actual cost per hour is $f 80.00 for most work, but will bc billed by thc man hour at the $90.0011Ir. Rate. tr'or Saturday and overtime work plcase figure $135.00 per.man hour. For Sunday and holiday work, please figurrc $18q.00 pcr man hour ' *lJ'': The minimum cost per call is 8 man hours and thc billing is calcutateti from our shop to the iob site and back in Yrhour scgmcnts. For materials applicable to any project for which a quote is not provided in advance, the cost rvill be Manufacturer's List Price * 25% Mark Up * Sales Tax. In any event, a quote may be obtained for any work in udvance of beginning any project. Sincerely, Wcs Martin Cell = 951-288-1068 Ufr${ *Fl*t EXHIBIT B AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) Hemet Fence Corp. Citywide Fencing Services This Agreement for Contractor Services (On-Call) (the"Agreement") is made and entered into as of August 19, 2016 by and between the City of Lake Elsinore, a municipal corporation ("City") and Hemet Fence Corp., a California corporation ("Contractor"). RECITALS A. The City has determined that it requires the following services: On-call emergency fencing services. B. The Contractor has submitted to City a quote, dated August 4, 2016 which is attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal(Exhibit A) and shall provide,furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. FY 2016-2017 Agreement for On-Call Services-Hemet Fence docx Page 1 C. Term and Compliance with TaskAAfork Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of ten (10) months, commencing on August 19, 2016 and ending on June 30, 2017. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed two (2) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation and Cost of Living Ad'ustment. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation exceed Thirty Thousand Dollars ($30,000) per Fiscal Year, without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that The request for cost of living adjustment shall be presented to the City no later than June 1st of a particular year and, if approved by the City, will become effective on July 1st of that year. Any adjustment will be based on the Los Angeles-Riverside-Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5%). 4. Method of Pa ment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, Page 2 provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents& Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents&Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 7. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Page 3 services, or 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 to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon,the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest. 8. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 9. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS)to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Page 4 Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 12. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 14. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Page 5 15. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain,for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Covera e. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty(30)days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars($1,000,000)combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. Page 6 ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. G. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Hemet Fence Corp. Attn: Ms. Cindy Martin 25959 Juniper Flats Road Homeland, CA 92548 Page 7 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. 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. 19. Assignment and Subcontractin . The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. 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. 22_ Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Page 8 26. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 27. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. E ual Opportunity Em la ment. 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, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. Prevailing Wanes. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONTRACTOR" CITY OF LAKE ELSINORE, HEMET FENCE CORP., a municipal corporation a California corporation Grant Ya City Manager By: Cin y Martin Its: &yr=�i r �ey r ATTEST: P �f - City Clerk APPROVED AS TO FORM: Cf:y Attorney Attachments: Exhibit A— Contractor's Proposal EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A Hemet Fence Corp. 25959 Juniper Flats Road Homeland,CA. 92548 Prone:(951)926-8148 Fax:(951)926-1398 License#1000432-Expires 113112017 The City Of Lake Elsinore 130 South Main Street Lake Elsinore,California 92530 To whom it may concern: Hemet Fence Corp. provides the following labor and material rates for Time and/or Material work performed for the City for emergency,service, or incidental work: The hourly rate for work performed by our crews will be at the rate of$90.00 per hour which includes the costs for our truck, insurance,payroll, and applicable taxes. Please keep in mind that our crews generally include 2 men so the actual cost per hour is$180.00 for most work, but will be billed by the man hour at the$90.00/Hr.Rate. For Saturday and overtime work please figure$135.00 per.man hour. For Sunday and holiday work, please figure $180.00 per man hour The minimum cost per call is 8 man hours and the billing is calculated from our shop to the job site and back in %Z hour segments. For materials applicable to any project for which a quote is not provided in advance,the cost will be Manufacturer's List Price+25% Mark Up + Sales Tax. In any event,a quote may be obtained for any work in advance of beginning any project. Sincerely, Wes Martin Cell=951-288-1068 HEMET-1 OP ID:GG DDIYYYY)TE(MMI CERTIFICATE OF LIABILITY INSURANCE DATE 2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Robitaille Risk Mggmt&Ins Svc NAME: Robert E Robitaille ARM Robert E.Robitaille,ARM j,vc No,Ext):800-387-1030 F Nq); 951-346-3497 222 N.Mountain Ave#203 E-MAIL in a roboins.com Upland,CA 91786 ADDRt sS:g Robert E Robitaille INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Houston Specialty Ins Co 12936 INSURED Hemet Fence Corp INSURER B:Republic Underwriters Ins co 24538 25969 Juniper Flats Rd Homeland,CA 92548 INSURER C:National Union Fire Ins Co PA 19445 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R ADDL aU13)! POLL EFF LtR TYPE OF INSURANCE N Wy POLICY NUMBER MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 6A�7A�3�'TiST(ENTED— _ CLAIMS-MADE ®OCCUR X X TEN16320 09/01/2015 09101/2016 $ 100,00 PREMISES.(_Ea accummee) X MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY�JECT LOC PRODUCTS-COMPIOP AGG $ 2,000,00 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ jEa Aggognl). ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS BODILY INJURY(Per accident) $ AUTOS NON--OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS .,(.POradcidanl UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,00 C X EXCESS LIAB CLAIMS-MADE IEBU012016719 09/01/2015 09/01/2016 AGGREGATE $ 2,000,00 DED I I RETENTION$ Prod_/CO $ 2,000,00 WORKERS COMPENSATION X - AND EMPLOYERS'LIABILITY STATUTE._ ER B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X ,ATWO0638500 03/0112016 03/01/2017 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE d $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) 30 Day cancellation provision reverts to 10 days notice in the event of non- payment of premium. SEE HOLDER NOTE CITYLAK001/2016 ATTACHED. CERTIFICATE HOLDER CANCELLATION CITYLAK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: Public Works Dept 130 South Main Street AUTHORIZED REPRESENTATIVE Lake Elsinore,CA 92530 440- f44.4/©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CITYLAK HEMET-1 PAGE 2 INSURED'S NAME Hemet Fence Corp OP ID: GG Date 08/26/2016 HOLDER NOTE CITYLAK001/2016 The City of Lake Elsinore, its elected or appointed officers, officials, employees, aggfents and volunteer are included as Additional Inssured on a PIPImaryy/Non--Contributary basis including Waiver of Subrogation for General Liability per CG2010 16/01; TE�10215 01/14; and CG2404 05/09 attached. Waiver of Subrogation applies to Workers' Compensation per WC040306 4/84 attached. COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locatlon s)Of Covered Operations Only those parties required to be named as an Addi- ALL tional Insured In a written contract with the Named Insured under this policy,entered Into prior to loss or "occurrence". Information required to com lete this Schedule, if not shown above,will be shown in the Declarations. A. Section Il — Who Is An Insured is amended to B. With respect to the insurance afforded to these Include as an additional insured the person(s) or additional Insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily lnjury", "property This insurance does not apply to "bodily injury"or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- ment furnished In connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portlon of "your work" out of which the injury or damage arises has been put to Its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEN0215 01 14 PRIMARY AND NON-CONTRIBUTING INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM The following Is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4: Section IV: Commercial General Liability Conditions 4. Otherinsurance: d. Notwithstanding the provisions of sub-paragraphs a, b, and c of this paragraph 4,with respect to the Third Party as defined below, it is understood and agreed that in the event of a claim or "suit" caused in whole or in part by the Named Insured's negligence,this Insurance shall be primary and any other insurance maintained by the additional insured named as the Third Party below shall be excess and non-contributory. The Third Party to whom this endorsement applies is: Absence of a specifically named Third Party above means this endorsement applies only to those third parties required to be named as an Additional Insured as Primary and Non-Contributory coverage specified in a written contract with the Named Insured under this policy, entered into prior to the"loss"or "occurrence". All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. TEN0215 01 14 Includes copyright material of Insurance Services Office, Inc. Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed.4-84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an Injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2_5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Blanket Waiver of Subrogation As respects to all CA jobs performed by the named Insured during the policy period where by written contract a waiver of subrogatlon is required prior to the commencement of work. This endorsement changes the policy to which it is attached and is effective on the dale Issued unless olherwise stated (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 03/01/2016 Polley No. ATWO06385-00 Endorsement No. 1 Insured Insurance Company Hemet Fence Corp(A Corp) Republic Underwriters insurance Company Countersigned By ©1998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. DATE(MMMDIYYYY) '�`�"� CERTIFICATE OF LIABILITY INSURANCE 08/31/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 011ie Hatch Jr NAME CONTACT 011ie Hatch Jr- PHONEPHONE ai9 __�c.esal: it 6a-5saLiC#OD10072 A8 E-MAiL Statefarm 6748 Brockton Ave AD_ORESS:Odle@011lmHatch.corn 661) Riverside, CA 92506 INSURER SS AL F�NO COVERAGE __ NAIC e INSURER A:State Farm Mutual Autom2blle Insurance Company 25178 INSURED HEMET FENCE CO INSURERB: 25959 JUNIPER PLATS ROAD INSURERC; HOMELAND, CA 9 INSURERD: INSURER E: INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN6R TYPE OF INSURANCE AObL 9UHR _ _ POLICY NUMBERY�YY M� Y LIMITS LTRGENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY U PRl ivll$£s_(Ea occwrence $ CLAIMS-MADE L-1 OCCUR ME EXP Any one person) $ PERSONAL&ADV INJURY S GENERAL AGGREGATE $ GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ POLICY PRO- LOC $ A AUTOMOBILE LIABILITY y 297 0256-E01-75 06101/2016 1110112016 COMBINED GLIMIT1,DOD:DDD jE@ acclden� $ ANY AUTO BODILY INJURY(Par person) S ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNEO PROPERTYDAMA E $ H�2 HIRED AUTOS X AUTOS i P recttidenl) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ ID RETENTIONS S WORKERS COMPENSATION VUC STATU- I JOTH. AND EMPLOYERS'LIABILITY T RYLHa _ ANY PROPRIETOR/PARTNERIEXECUTIVE YIN I N/A El EACH ACCIDENT $ OFFICEIMEM13ER EXCLUDED? (Mandatory In NH) E L.DISEASE-EA EMPLOYFF S If yes,describe under E L DISEASE-POLICY LIMIT $ r DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schefts.H more space Is required) City of Lake Elsinore,Its elected or appointed officers,employees,agents,and volunteers are named as additional Insured CERTIFICATE HOLDER CANCELLATION CITY OF LAKE ELSINORE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: CITY MANAGER ACCORDANCE WITH THE POLICY PROVISIONS. 130 SOUTH MAIN ST AUTHORIZED REPRESENTATIVE LAKE ELSINORE,CA 92530 ®1988-2-220110 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.8 01-23-2013 r Policy No,: 297 0256-E01-75 FE-6609 7. SECTION 11 AdDITIONAL INSURED ENDORSEMENT Policy No.: 297 0256-EOI-75 Named Insured: HEMET FENCE CO 4 Additional Insured (include address): CITY OF LAKE ELSINORE, .ITS ELECTED OR APPOINTED OFFICERS ,- EMPLOYEES , AGENTS, AND VOLUNTEERS 130 SOUTH MAIN ST LAKE ELSINORE, CA 92530 i WHO 1S AN INSURED, under SECTION 11 DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. ❑ Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE-6809 Printed in U.S.A.