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Al fl, DEC 2 ?011 <br />AGREEMENT FOR INSTALLATION OF <br />DECORATIVE FENCING <br />N- 2011 -145 <br />(y, PWA � 1\ PROJECT # <br />J gran <br />S°uvn Am HIS AGREEMENT, made and entered into this 15`h day of November, 2011, by and between <br />Landmark Fence Co., Inc. (hereinafter referred to as "CONTRACTOR" ) and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California (hereinafter referred to as ( "CITY "). <br />RECITALS: <br />A. CITY desires to employ a contractor to remove existing fencing and install decorative fencing <br />along the Metrolink track at Lincoln Avenue at Santa Clara Avenue ( "the Project "). <br />B. Southern California Regional Rail Authority ( "SCRRA "), contracted with Herzog Contracting to <br />install the quiet zone improvements for the OCTA At -grade Railroad Safety Enhancement Project <br />in Santa Ana ( "overall OCX Project "), including fencing along the track. <br />C. CONTRACTOR is the subcontractor hired by Herzog Contracting to remove and replace the <br />existing fencing to be replaced with decorative fencing and is capable and qualified to perform <br />such work as desired by CITY. <br />WHEREFORE, for and in consideration of the respective and mutual covenants and promises <br />hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do <br />hereby agree as follows: <br />1. SCOPE OF WORK <br />CONTRACTOR agrees to provide, through it's own forces or through personnel and or equipment <br />provided under the original SCRRA- Herzog overall OCX Project contract, all supervision, technical <br />personnel, labor, materials, machinery, tools, equipment and services; security measures to protect its <br />equipment, materials and performance of the work including flagmen; as well as necessary permits to <br />perform the work in the SCRRA Right of Way, in order to remove 140 LF of chain link fence and procure <br />and install decorative fence in the NE Quad at Santa Clara Avenue, City of Santa Ana, as detailed in <br />Drawing No. SCL- CI -04, attached hereto as Exhibit A, and in conjunction with the overall OCX project's <br />Plans, Specifications, and Estimate package which is incorporated by reference. <br />The Standard Specifications for Public Works Construction (2009 Edition), will control the <br />general provisions, construction materials and construction methods for this contract except as amended <br />by the Plans, Special Provisions, Drawings or other contract documents referenced herein. <br />The CONTRACTOR shall execute the work in accordance with the safety provisions of <br />applicable laws and the building construction codes. CONTRACTOR shall keep the Property clean and <br />orderly during the course of the work and remove all debris upon completion of the work. The <br />CONTRACTOR shall be responsible for any damages to property and /or injuries to persons (on or off <br />site) as a result of their execution of the work required by the Contract. <br />2. REPRESENTATIVES AND NOTICE <br />For the purposes of implementing this Agreement, the representative of the CITY shall be the <br />Executive Director of the Public Works Agency or his designated representative. The representative of <br />