HomeMy WebLinkAboutFencing by Acrey, Inc.-2008-05 AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND FENCING BY ACREY, INC.
(CONTRACTOR) FOR THE PROVISION OF FENCE
CONSTRUCTION AT RICHARD ROLLINS
COMMUNITY PARK
THIS AGREEMENT IS ENTERED INTO THIS 26TH DAY OF FEBRUARY 2008 BY AND
BETWEEN THE CITY OF GRAND TERRACE ("CITY") AND CONTRACTOR FOR FENCE
CONSTRUCTION.
RECITALS
WHEREAS, CONTRACTOR is a licensed contractor who is qualified and a licensed in the
State of California.
WHEREAS, CITY desires to utilize the services of CONTRACTOR for fence construction
services.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
SECTION 1. SERVICES OR SCOPE OF WORK
Contractor shall perform a variety of services for the FENCE
CONSTRUCTION AT RICHARD ROLLINS COMMUNITY
PARK as follows:
A. For and in consideration of the payments and agreements hereinafter mentioned to be made and
performed by said City, said Contractor agrees with said City to perform and complete in a
workmanlike manner all work required under the City's Specifications, to furnish at his own
expense all labor, materials, equipment, tools and services necessary therefore, except those
materials, equipment, tools and services as may be stipulated in said specification to be furnished
by said City and to do everything required by this Agreement and the said Specifications.
B. In entering into a Maintenance Contract for a subcontract co supply goods, services or materials
pursuant to a Maintenance Contract, the Contractor or subcontractor offers and agrees to assign to
the City all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with
Section 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from
purchases of goods, services, or materials pursuant to the Maintenance Contract or the subcontract.
This assignment shall be made and become effective at the time the City tenders final payment to
the Contractor without further acknowledgment by the parties.
C. Bid Performance
Said Bond or Check, as described in the Bid Package including all addendums, shall be given as a
guarantee that CONTRACTOR, if awarded the Contract, will enter into said Contract with the
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CITY OF GRAND TERRACE within ten (10)calendar days after receipt of an Award of Contract
Notice from the CITY, and that the CONTRACTOR will furnish the necessary Insurance
Certificates and produce a cashier's check of ten percent(10%) of the total bid submitted.
In the case of refusal or failure upon the part of the CONTRACTOR to enter into said Contract,
the Check or Bid Bond, as the case may be, which accompanied the Bid shall be forfeited to the
CITY.
D. DEFINITION OF PROPOSED ITEMS OF WORK
The unit prices to be paid for the items listed on the proposal form EXHIBIT "D", shall
include full compensation for furnishing all permits, labor, materials, tools and equipment
necessary to complete all work required to accomplish the following items in accordance
with the Standard Specifications, these Special Conditions and any detail drawings or plans.
Project
To construct a wrought iron fence dividing the upper and lower portions of Richard Rollins
Community Park located at 22745 DeBerry Street (just east of Terrace Hills Middle School). The
fence is approximately 446 linear feet(see Attachment"A and B" for specifics). The project
includes adding two gates to the entrances at the top of the access points to the lower field and
replacing the existing wrought iron fence (169.5 linear feet) and increasing the combined height of
the fence including the rock base to 6'.
All gates and fence specifications must meet the Colton Joint Unified School District's Fence and
Ornamental Gates Instruction to Contractors (see Attachment"C")
The work shall be done under the supervision of the Assistant City Manager and no work or
portion of the work shall be paid for until it is approved for payment by the Assistant City
Manager.
The winning proposal will be required to produce a cashier's check of ten percent (10%) of the
total bid submitted within 10 days of the contract award.
Once the contract is completed to the satisfaction of the City of Grand Terrace, the cashier's check
for the 10% of the contract will be returned within 30 days.
The Contractor will be required to pay not less than the prevailing wage scale determined by the
Director of the California Department of Industrial Relations, copies of which scale are on file in
the office of the City Clerk and the office of the Director of Public Works/City Engineer and
which shall be made available to any interested party on request. Further, the City shall cause a
copy of the prevailing wage scale to be posted at each job site during the course of construction.
One payment will be made to the Contractor upon the completion of the project in accordance
with the provisions of the Specifications and itemized estimate duly certified and approved by the
Assistant City Manager.
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Details:
The work shall be done under the supervision of the Assistant City Manager and no work or
portion of the work shall be paid for until it is approved for payment by the Assistant City
Manager, but this shall not prevent approval of and payment for completed portions of the work as
it progresses
SECTION 2. SERVICES PROVIDED
CONTRACTOR shall provide all labor, supervision and equipment required to perform said services.
SECTION 3. COMPENSATION
•
Contractor shall be paid pursuant to the Schedule and Prices submitted in Exhibit"D".
The total FENCE CONSTRUCTION AT RICHARD ROLLINS COMMUNITY PARK is not to
exceed $38,529.00 without written consent by the CITY.
SECTION 4. BUSINESS LICENSE
CONTRACTOR shall, within five (5) days of executing this contract, obtain a current City of Grand
Terrace business license, during the term of this contract or any extension thereto.
SECTION 5. INDEPENDENT CONTRACTOR
The parties agree that CONTRACTOR is an independent contractor who is being paid to produce a
result. CONTRACTOR is in no way an employee of CITY. CONTRACTOR controls the means of
accomplishing the work. CONTRACTOR shall pay all Federal and State payroll taxes for employees
of CONTRACTOR and said employees shall in no way be deemed or construed to be employees of
CITY for any purposes.
SECTION 6. EFFECTIVE DATE/TERM
This agreement shall become effective upon the date of execution of the Agreement by both parties.
This contract shall terminate on May 1, 2008 unless renewed. All work must be completed within 60
days of the contract effective date.A late fee of$100 per day may be accessed by the City for work not
completed in a timely manner.
SECTION 7. TERMINATION
City shall have the right to terminate this agreement at a date earlier than specified for default. Before
CITY exercises said right it shall give CONTRACTOR 10 days notice of the facts constituting the
default and a chance to cure any deficiencies within that time. If those deficiencies have not been
cured, CITY shall have the right to send CONTRACTOR notice that the contract has been terminated
for default pursuant to this paragraph by giving notice as provided herein.
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SECTION 8. ASSIGNMENT
No assignment of this contract may be made without the express written consent of CITY.
SECTION 9. NOTICE
The parties may give notice under this contract by sending such notice certified mail addressed as
follows:
TO CITY: CITY OF GRAND TERRACE
22795 Barton Rd.
Grand Terrace, CA 92313
ATTN: STEVE BERRY •
TO CONTRACTOR:
Fencing by Acrey, Inc.
18440 Van Buren Blvd.
Riverside, CA 92508
Such notice shall be deemed received five (5)days after mailing,whether signed for or not.
SECTION 10. GRATUITIES
CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has offered
or given any gratuities to CITY'S employees, agents or representatives with a view toward securing
this contract or securing favorable treatment with respect thereto.
SECTION 11. CONFLICT OF INTEREST
CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way
associated with any architect, engineer or other preparer of the plans and specifications for this project.
CONTRACTOR acknowledges that CITY has detailed Conflict of Interest rules, agrees to abide by
those rules, and agrees that any breach of those rules shall give CITY the right to rescind, cancel or
otherwise terminate this agreement,at CITY'S discretion.
SECTION 12. INTEGRATION
This agreement constitutes the entire agreement and understanding between the parties hereto, and it
shall not be considered modified, altered, changed, or amended in any respect unless in writing and
signed by the parties hereto.
SECTION 13. NO WAIVER
The failure of the CITY at the time to require performance by the CONTRACTOR of any provisions
hereof shall in no way affect the right of the CITY thereafter to enforce same. Nor shall waiver by the
City of Grand Terrace-FENCE CONSTRUCTION SERVICES 4
CITY of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach
of such provision or as a waiver of any provision itself.
SECTION 14. INSURANCE
The Contractor shall supply insurance and licensing as follows:
Commercial General Liability:
Primary insurance shall be provided on IOSCGL form No. CG 00 01 11 85 or 88. Total limits shall be
no less than 1 million dollars per occurrence for all coverage's and 2 million dollars general aggregate.
City and its employees and agents shall be added as additional insureds using ISO additional insured
endorsement form CG 20 10 11 85 (in no event will City accept an endorsement form with an edition
date later than 1990). Coverage shall apply on a primary non-contributing basis in relation to any
other insurance.or self-insurance, primary or excess, available to City or any employee or agent of
City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional
insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage,
personal injury/advertising injury, at a minimum, and shall include a"drop down" provision providing
primary coverage above a maximum $25,000.00 self insured retention for liability not covered by
primary policies but covered by the umbrella policy. Coverage shall be• following form to any
underlying coverage. Coverage shall be provided on a "pay on behalf" basis, with defense costs
payable in addition to policy limits. There shall be no cross liability exclusion. Policies shall have
concurrent starting and ending dates.
Worker's Compensation:
Shall be written on a policy form providing workers' compensation statutory benefits as required by
law. Employer's liability limits shall be no less than one million dollars per accident or disease.
Employer's liability coverage shall be scheduled under any umbrella policy described above. Unless
otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City,
its employees or agents.
The Contractor shall also provide the City with a Certificate of Worker's Compensation Insurance and
completed Declaration Regarding Licenses Status form. Contractors must also have a valid City of
Grand Terrace Business License.
Auto Insurance:
CONTRACTOR shall provide Auto Insurance as follows:
Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO
Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no
less than (one) 1 million dollars per accident. Starting and ending dates shall be concurrent. If
Contractor owns no autos, a non-owned auto endorsement to the General Liability policy
described above is acceptable.
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SECTION 15 LEGAL ACTION
Should the City bring any legal or equitable action for the purpose of protecting or enforcing its rights
under this Agreement, the City shall recover, in addition to all other relief, its reasonable attomey's
fees and court costs to be fixed by the Court.
SECTION 16 ATTORNEY'S FEES
The parties agree that should any dispute arise concerning the interpretation of this contract, or
regarding the performance or non-performance of this contract, that the prevailing party shall be
entitled to reasonable attorney's fees.
SECTION 17 EXTRA WORK
The Contractor hereby agrees that he will not proceed with any Extra Work unless he has been
authorized in writing to do so by CITY.
SECTION 18 PREVAILING WAGE
The successful Bidder will be required to pay not less than the prevailing wage scale determined
by the Director of the California Department of Industrial Relations, copies of which scale are on
file in the office of the City Clerk and the office of the Director of Public Works/City Engineer
and which shall be made available to any interested party on request.
WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
written.
ATTEST: CITY OF GRAND TERRACE
By:
City Clerk Mayor
APPROVED AS TO FORM: CONTRACTOR
By:
City Attorney 1 A 72
Title: / /,.L.
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