HomeMy WebLinkAboutItem No. 07 Amend No. 1 Hemet Fence Corp Canyon HillsCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-308
Agenda Date: 9/10/2019 Status: PassedVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 7)
Amendment No. 1 Agreement for Contract Services to Hemet Fence Corporation - Canyon Hills
Park Fencing, CIP # Z40024
Approve Amendment No. 1 to the agreement with Hemet Fence Corporation in the additional amount of
$37,390.00 for a not to exceed contract amount of $81,290 plus a 20 percent contingency adjustment
for quantities installed and authorize the City Manager to execute the agreement in such final form as
approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 6/1/2023
REPORT TO CITY COUNCIL
To:Honorable Mayorand Members of the City Council
From:Grant Yates, City Manager
Prepared By: Catherine Eakins, Administrative Assistant
Date:September 10, 2019
Subject:Amendment No. 1 Agreement for Contract Services toHemet Fence
Corporation –Canyon Hills Park Upgrades, CIP # Z40024
Recommendation
ApproveAmendment No. 1 to theagreementwith Hemet Fence Corporationin the additional
amount of$37,390 for anot to exceed contract amount of$81,290plus a 20% contingency
adjustment for quantities installedand authorize the City Manager to execute the agreement in
such final form as approved by the City Attorney.
Background
On June 11, 2019 Hemet Fence Corporation was awarded the fencing contract forthe Canyon
Hills Park Upgrades to improve theoverall appealof the park by makingit aesthetically pleasing
to the public. Projectsidentified:expanddog parkto accommodate,dugout expansion with ADA
access,replacement of damaged fencing near the splashpad and baseball outfield, and fencing
added to the rear of the property to discourage trespassingafter hours.
Discussion
Staff has obtained two additional quotes from HemetFenceto complete the project at Canyon
Hills Community park: 1) for the install of 420’ of fencingalong the north-west corner of the park
near the basketball court, from the existing fencelinealong the hillsideto discourage
trespassing on to private property, and 2) replace the current deteriorating outfield fencing
around baseball fields.
Fiscal Impact
Funds areavailable for this project in the FY19-20CIP# Z40024 Canyon Hill Park Upgrades
budget.
Exhibits
A -Agreement
B-Hemet Fence Proposal
C –Original Agreement
AMENDMENTNO. 1
TO AGREEMENTFOR CONTRACTORSERVICES
Hemet Fence Corporation
Canyon Hills Community Park Upgrades Z40024
This Amendment No. 1to Agreement for ContractorServices (“Amendment No. 1”) is
made and entered into as of September 10, 2019by and between the City of Lake Elsinore,a
municipal corporation(“City), andHemet Fence Corporation, a Corporation(“Contractor”).
RECITALS
A.The City and Contractorhave entered into that certain Agreement for Contractor
Servicesdated as of June 11, 2019(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 dollars ($43,900)annual unit price agreement each year.
C.The term of thisAgreementshall continue untilthe servicesand related workare
completed.
D.The parties now desire to add services and increase compensationbyan
additional$37,390 to a not to exceed amount of $81,290, for such services as set forth in this
Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Contractoragree as follows:
1.Section 3, Compensation, of the Original Agreement is hereby amended and
restated in its entirety as follows:
Compensation to be paid to the Contractor shall be in accordance with
the Contractor’s Proposal (Exhibit A to the Original Agreement)and
Supplemental Proposal (Exhibit B to Amendment No. 1). In no event shall
Contractor’s compensation for FY19-20 exceed EightyOne Thousand
Two Hundred NinetyDollars ($81,290) 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 of the Original Agreementand Exhibit B of the Amendment No.
1,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.
2.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. 1to 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 Corporation, aCalifornia
Corporation
By: Cindy Martin -President
Date:
Attachments:Exhibit A –Original Agreement
Exhibit B -Proposal
EXHIBIT A
EXHIBIT A
ORIGINAL AGREEMENT
[ATTACHED]
EXHIBIT B
EXHIBIT B
CONTRACTOR’S SUPPLEMENTAL PROPOSAL
[ATTACHED]
ADDI'pas" y�ISA' l OFFICE (951) 926-8148
25959 Jtmiper Flats Rd FAX (951) 926-1398
Homeland, CA 92548 `
hemetfence @yahoo.com ® PROPOSAL/CONTRACT
P-O. Box 619
Homeland, CA 92548
WOOD FENCE•CHAIN LINK•ORNAMENTAL IRON
Fully Insured and Bonded VINYL°PVC
ESTIMATOR: Li-C. N1000432 DATE: "' -tcl
NAME FOOTAGE DESCRIPTION HEIGHT
ADDRESS
CITY ZIP
HOME PHONE WORK PHONE
CELL PHONE EMAIL
JOB ADDRESS CITY
C/S AMC
CHAINLINK
Terminal , 4P Barbwire
Line Post Bias
® Top Rail Wire Inside _
Wire Gauge Wire Outside
Points Up ® Color gsJue.-
Knuckles Up
VINYL/WOOD FENCE
Fence Style
Post Type
�a r Board Type
a• 2—r) Rails
Board Space
Color
IRON FENCE
Style
Post Size
Rail Size
Picket Size
Picket Space
Color
GATES
tDcouble alk Gate
Gate
}; ngle Drive
r Any change dw ng installation of job subject to price change.Depth of posts according to ground conditions da Gates
Hemet Fence Co.does not assume responsibility for damage to water lines,sprinkler lines,electrical °
wires unless posted,staked out,or shown to the crew during the actual erection at the Job site. Frame Size
x Gate Post
SPECIAL INSTRUCTIONS TOTAL DUE ON__ _ - COMPLETION -
ii
ADI SS VISA OFFICE (951) 926-8148
25959 Juniper Flats Rd. FAX (951) 926-1398
Homeland, CA 92548
hemetfence®yahoo.com PROPOSAVCONTRACT
P.O. Box 619 A
Homeland, CA 92548
Fully insured and Bonded
WOOD FENCE CHAIN LINK ORNAMENTAL IRON
,
VINYL-PVC
ESTIMATOR: Lie. is IGOD I32 DATE:
NAME FOOTAGE DESCRIPTION HEIGHT
ADDRESS Z a
CITY ZIP r
HOME PHONE -+ - S% WORK PHONEqSJ..W!A--S%-_7,Q
CELL PHONE EMAIL ICA
JOB ADDRESS CITY
Q CD Lk
C/S ,
C /I�wC
CHAINUNK
Terminal Barbwire
Line Post Bias do
Top Wire Inside
Wire Gauge t. Wire Outside
Points Up .-• Color
Knuckles Up Q
VINYL/WOOD FENCE
Fence Style
Post Type
Board Type -
Rails
Board Space
Color
IRON FENCE
Style
Post Size
Rail Size
Picket Size
Picket Space
Color
GATES
Walk Gate
Double Gate }
UWUINC,NItAUl5-COM MU M•CHG A011*lfiC�a311Nt OF S Pfl'1sE utrtrEMAittIND UtRU1rES
•srnatrrrrail��-nlroa•fsufstr�cr�rrtrrnr•can�.roetE tnuw ciures+C�uuu4 of FE+re�uk€s•aswratr na{ . ..
norm mmom-i'mr,me)xt;,FAw rlmgi •i rt:rrErpau Single Drive
Any change during installation of job subject to price change Depth of posts according to ground conditions. Slide Gates �..
Hemet Fence Co.does not assume responsibility for damage to water lines,sprinkler lines,electrical
wires unless posted,staked out,or shown to the crew during the actual erection at the job site, Frame Size
X Gate Post
TOTAL DUE ON vivo �.
COMPLETION
SPECIAL INSTRUCTIONS:
X
City of Lake Elsinore
Hemet Fence Corp.
June 11, 2019 Page 1
AGREEMENT FOR CONTRACTOR SERVICES
Hemet Fence Corporation
Canyon Hills Park Upgrades – Z40024
This Agreement for Contractor Services (the “Agreement”) is made and entered into as of
June 11, 2019, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
Hemet Fence Corporation, a California corporation ("Contractor").
RECITALS
A. The City has determined that it requires the following services:
Fencing projects throughout the park which includes install of security fencing, dugout
expansion and dog park fencing. ADA compliance gates at dugout and dog park area.
B. Contractor has submitted to City a proposal, dated April 2019 attached hereto as
Exhibit A (“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.
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.
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c. Term.
The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Contractor’s Proposal (Exhibit A).
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 project task
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 task order issued
by the City.
3. Compensation. 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 Forty-
three Thousand Nine Hundred dollars ($43,900) 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.
4. Method of Payment. 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. Reserved.
6. 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,
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.
7. 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
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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.
8. 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
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) year s, 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
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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.
9. 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.
10. 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.
11. 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.
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).)
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12. 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.
13. 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.
14. 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.
15. 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.
16. 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 Coverage. 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
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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.
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.
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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 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.
17. 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 Corporation
Attn: Ms. Cindy Martin
25959 Juniper Flats Road
Homeland, CA 92548
18. 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.
19. 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.
20. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the reputation, experience and competence
of Contractor and the subcontractors listed in Exhibit B. 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
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of the City. Contractor shall not subcontract any portion of the work to be performed under this
Agreement except as provided in Exhibit B 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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
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Page 9
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.
29. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, 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.
30. Prevailing Wages. 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.
31. 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]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
“CONTRACTOR”
HEMET FENCE CORPORATION,
a California corporation
By: Cindy Martin
Its: President
Attachments: Exhibit A – Contractor’s Proposal
DocuSign Envelope ID: C383486D-8C39-4A8B-A8B2-3E86BA29A933
EXHIBIT B
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: C383486D-8C39-4A8B-A8B2-3E86BA29A933
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06/04/2019
Speake Insurance Services, Inc.
1791 Third Street
Norco, CA 92860
License #: 0D08463
Ginger Greeb
951)547-6779 (951)848-0925
ginger@speakeinsurance.com
00000000-0 151
HEMET FENCE CORP
25959 JUNIPER FLATS ROAD
HOMELAND, CA 92548
Colony Ins Co 39993
A Y Y 103GL002529200 09/01/2018 09/01/2019X
X
X
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
National Union Fire Pittsburgh PA 19445
B EBU016838985 09/01/2018 09/01/2019X
X
2,000,000
2,000,000
Insurance Company of the West 27847
C Y WPL504 6493 00 03/01/2019 03/01/2020
Y
X
1,000,000
1,000,000
1,000,000
30 Day cancellation provision reverts to 10 days notice in the event of non-payment of premium.
RE: Canyon Hills Park Upgrades
City of Lake Elsinore is included as Additional Insured on a Primary/Non-Contributory basis, including Waiver of Subrogation
for General Liabiity per CG2010 04/13; CG2001 04/13; and CG2404 05/09 attached.
Waiver of Subrogation applies to Workers' Compensation per WC990634
City of Lake Elsinore
ATTN:
130 South Main Street
Lake Elsinore, CA 92530
Phone: (951)764-2417
GIN)
Printed by GIN on June 04, 2019 at 04:04PM
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
FAXPHONE
A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICYEXPTYPEOFINSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-
POLICY LOC PRODUCTS - COMP/OP AGG $JECT
OTHER:$
COMBINED SINGLE LIMIT $(
Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED BODILY INJURY (Per accident)$
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident)
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $$
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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.
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 have ADDITIONAL INSURED provisions or 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).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks ofACORDACORD25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
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DocuSign Envelope ID: C383486D-8C39-4A8B-A8B2-3E86BA29A933
DocuSign Envelope ID: C383486D-8C39-4A8B-A8B2-3E86BA29A933
DocuSign Envelope ID: C383486D-8C39-4A8B-A8B2-3E86BA29A933
DocuSign Envelope ID: C383486D-8C39-4A8B-A8B2-3E86BA29A933
DocuSign Envelope ID: C383486D-8C39-4A8B-A8B2-3E86BA29A933
StateFarm STATE FARM®
PO Box 853922
Richardson, TX 75085 -3922
73A
AT1 23
001391 0093
CITY OF LAKE ELSINORE ISAOA
130 S MAIN ST
a LAKE ELSINORE CA 92530 -4163
I' I I I' ' IIII II IIII IIII' IIIIIII 'I'lll''I II I'I I'I'I
00
s
s
s
A
DATE OF NOTICE: APR 10 2019
CODE:
NOTE: PLEASE NOTIFY STATE FARM AT THE
ADDRESS LISTED AT THE TOP, LEFT CORNER
OF THIS PAGE REGARDING ANY CHANGE OF
ADDRESS INFORMATION.
ADDITIONAL INSURED'S NOTICE OF COVERAGE
State Farm Mutual Automobile Insurance Company 1236- FA71 -A
NAMED INSURED: POLICY NO: 297 0256 -E01 -750 COVERAGE:
HEMET FENCE CORP YR /MAKEIMODEL: 2002 FORD FLATBED BI AND PD LIABILITY
PO BOX 619 VIN /CAMPER: 1 FDWF36S12ED54551 $
1 MIL
HOMELAND CA 92548 -0619 AGENT NAME: OLLIE HATCH
AGENT PHONE: (951)684 -8822
a ENDORSEMENT NO: 6028BU POLICY EFFECTIVE
MAR 22 2019 UNTIL TERMINATED
POLICY MESSAGES: This policy shown above supersedes policy# 2970256 -75N.
The policy includes a loss payable clause protecting the additional insured's interest in the described car to the extent of the insurance
v provided and subject to all policy provisions. The additional insured will be given 20 days notice if the policy is terminated. Until such notice
is provided, it shall be presumed that the required renewal premiums have been paid. The additional insured must notify us within 10 days of
c any change of interest or ownership coming to their attention. Failure to do so will render this policy null and void.
0
N
ADDITIONAL INSURED'S NOTICE OF COVERAGE
State Farm Mutual Automobile Insurance Company 1236- FA71 -A
NAMED INSURED: POLICY NO: 297 0256- E01 -75P COVERAGE:
HEMET FENCE CORP YR /MAKE /MODEL: 2002 FORD FLATBED BI AND PD LIABILITY
PO BOX 619 VIN /CAMPER: 1 FDWF36S12ED54551 1 MIL
HOMELAND CA 92548 -0619 AGENT NAME: OLLIE HATCH
AGENT PHONE: 951)684 -8822
ENDORSEMENT NO: 6028BU POLICY EFFECTIVE
MAR 26 2019 UNTIL TERMINATED
POLICY MESSAGES: This policy shown above supersedes policy# 2970256 -750.
The policy includes a loss payable clause protecting the additional insured's interest in the described car to the extent of the insurance
provided and subject to all policy provisions. The additional insured will be given 20 days notice if the policy is terminated. Until such notice
is provided, it shall be presumed that the required renewal premiums have been paid. The additional insured must notify us within 10 days of
any change of interest or ownership coming to their attention. Failure to do so will render this policy null and void.
o
FRT
DocuSign Envelope ID: C383486D-8C39-4A8B-A8B2-3E86BA29A933
CITY OF LAKE ELSINORE
TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:
Business Location:
Owner Name(s):
BUSINESS LICENSE NO.
Issue Date:Expiration Date:
BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
25959 JUNIPER FLATS RD Business Type:
HOMELAND, CA 92548
HEMET FENCE CORP.
25959 JUNIPER FLATS RD
HOMELAND, CA 92548
This business license is issued for revenue purposes only and does not grant authorization
to operate a business. This business license is issued without verification that the holder is
subject to or exempted from licensing by the state, county, federal government, or any
other governmental agency.
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
HEMET FENCE CORP.
FENCING CONTRACTOR
016298
3/1/2019 2/29/2020
DocuSign Envelope ID: C383486D-8C39-4A8B-A8B2-3E86BA29A933