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Home My WebLink AboutLANDMARK FENCE CO. - 2011Al fl, DEC 2 ?011 AGREEMENT FOR INSTALLATION OF DECORATIVE FENCING N- 2011 -145 (y, PWA � 1\ PROJECT # J gran S°uvn Am HIS AGREEMENT, made and entered into this 15`h day of November, 2011, by and between Landmark Fence Co., Inc. (hereinafter referred to as "CONTRACTOR" ) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter referred to as ( "CITY "). RECITALS: A. CITY desires to employ a contractor to remove existing fencing and install decorative fencing along the Metrolink track at Lincoln Avenue at Santa Clara Avenue ( "the Project "). B. Southern California Regional Rail Authority ( "SCRRA "), contracted with Herzog Contracting to install the quiet zone improvements for the OCTA At -grade Railroad Safety Enhancement Project in Santa Ana ( "overall OCX Project "), including fencing along the track. C. CONTRACTOR is the subcontractor hired by Herzog Contracting to remove and replace the existing fencing to be replaced with decorative fencing and is capable and qualified to perform such work as desired by CITY. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. SCOPE OF WORK CONTRACTOR agrees to provide, through it's own forces or through personnel and or equipment provided under the original SCRRA- Herzog overall OCX Project contract, all supervision, technical personnel, labor, materials, machinery, tools, equipment and services; security measures to protect its equipment, materials and performance of the work including flagmen; as well as necessary permits to perform the work in the SCRRA Right of Way, in order to remove 140 LF of chain link fence and procure and install decorative fence in the NE Quad at Santa Clara Avenue, City of Santa Ana, as detailed in Drawing No. SCL- CI -04, attached hereto as Exhibit A, and in conjunction with the overall OCX project's Plans, Specifications, and Estimate package which is incorporated by reference. The Standard Specifications for Public Works Construction (2009 Edition), will control the general provisions, construction materials and construction methods for this contract except as amended by the Plans, Special Provisions, Drawings or other contract documents referenced herein. The CONTRACTOR shall execute the work in accordance with the safety provisions of applicable laws and the building construction codes. CONTRACTOR shall keep the Property clean and orderly during the course of the work and remove all debris upon completion of the work. The CONTRACTOR shall be responsible for any damages to property and /or injuries to persons (on or off site) as a result of their execution of the work required by the Contract. 2. REPRESENTATIVES AND NOTICE For the purposes of implementing this Agreement, the representative of the CITY shall be the Executive Director of the Public Works Agency or his designated representative. The representative of Robert the CONTRACTOR shall be Yanik Except as may be otherwise stated, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. Any notice or instrument required to be given or delivered to either party to this Agreement may be remitted by personal delivery or by depositing the same in the United States mail, postage prepaid, addressed to: If to the CITY: City of Santa Ana Public Works Agency — Traffic and Transportation Division P.O. Box 1988, M -43 Santa Ana, CA 92702 -1988 If to the CONTRACTOR: Landmark Fence Co., Inc. Mr. Robert Yanik 3964 Mission Blvd. Montclair, CA 91763 Any notice of a change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three days after mailing by the above - described procedure. 3. COMPENSATION A. CITY agrees to pay CONTRACTOR, and CONTRACTOR agrees to except as payment for any and all services under this Agreement: • Existing Fence Removal $1,500 • Procure and Install Decorative Fence at Bid Unit Price $165/LF@ 140LF = $23,100. The total amount to be paid for removal and replacement of the fence shall not exceed Twenty -Four Thousand, Six Hundred Dollars ($24,600). B. Payment due CONTRACTOR for completed and accepted work shall be paid within thirty (30) calendar days after the CITY'S approval/acknowledgement of CONTRACTOR'S invoice and satisfactory releases of liens or claims for liens by CONTRACTOR, subcontractors, laborers, and material suppliers for completed work or installed materials. C. Payments may be withheld on account of defective work not remedied, claims filed, failure of Contractor to make payments properly to subcontractors or for labor, materials, or equipment, damages by another Contractor, or unsatisfactory prosecution of the work by Contractor, as determined by the CITY. The total compensation allows for additional funds, supported by adequately documented approved change orders or for other construction work needed by the CITY. 4. STANDARD OF PERFORMANCE In undertaking the performance of this Agreement, CONTRACTOR represents that it is proficient in the field of construction. Work performed by the CONTRACTOR under this Agreement will be accomplished in compliance with such standards as may reasonably be expected from a contracting firm in that field or trade. CONTRACTOR shall perform the work in a professional manner with quality workmanship. 5. CORRECTION AND DEFECTS 2 _ _:.f rr OP ID. LY '` ` � CERTIFICATE OF LIABILITY INSURANCE DATE A YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 11 /1 S11 ' 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 INSURERtS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed, if SUBROGATION IS WAIVEQ, subject to the terns 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 9�9 -981 ^{21{I. Hamilton Brevrart Ins AAg�ccyy, L LC "Ifornla License No. 07369219 908.986 -3 P. O. Box 1949 . PHONE MP plrro Upland, CA 917851949 Robert J Sullivan ADWESS: . LANDM -1 NSU AFFOHDINGCOVERAGE NAIL# INSURED Landmark Fence Co. Inc. 3964 Mission Blvd. Montclair, CA 91763 -6301 INSURER A.. United National Insurance Co. INSURER B: American Economy Insurance Co. $ 1,000,00 mum c: American Guarantee & Liability X COMMERCIAL GENERAL LKOILITY INSURER D CBLO7246$T INWRER E 12101MI R ENSURER F CLAM-MADE a OCCUR 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 TYPE OF INSURANCE City Of Santa Ana JMM POLICY NUMBER plrro M LIWITS . OSNERAL LNUMAY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LKOILITY X CBLO7246$T 12101M0 12101MI R $ 50;00 CLAM-MADE a OCCUR MEDEW ormperscn S Exclude X $5000 Per Claim PERSONAL aADV INJURY $ 1,000,00 Deductible GENERAL AGGREGATE $ 2,00%00 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMFIOP AGG S 4000,0 PRO POLY X LOc $ AUTOMOBILE UMLJTY COMBINED SINGLE LIMIT $ 1,000, B X ANY AUTO 02CE21292720 12/01/10 12101/11 (Eeaccideoq BODILY INJURY (Per pomm) .4 ALL OWNED AUTOS BODLY INJURY (Per aoidard) S SCHEDULED AUTOS X ROPROPERTY DRMACsE PcEdent) _ HIREOAUTOS X S NON-0WNE0AUT0S $ UMBRELLA LIAS X I OCCUR EACH OCCURRENCE $ 1,000,00 AGGREGATE S 1.00ti,(H) C EXCESS UA9 CLARAS MADE UC485764300 01/05/11 12/01/11 $ X RETENTION 0 $ WORKERS COMPENSATION C TA 0 H AND EMPLOYERS' L1AEN nY YIN I.TW E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXFCUTIVE E OFFICERArEMBER�EXCLU�O? ❑ NIA E L. DISEASE - EA EMPLOYEE S (Mandatory In NHI S desaibe under EL. DISEASE- POLICY LIMIT S f,gasc}f c)K,* B CRIPTgN OF OPERATIO be Hired Auto Physica ZCE31292720 12101!10 t2lrat[f1.> Damage 1. �� Rented DESCRIPT M OF OPERAMNS I LOCATIONS I VEHICLES (Attttach ACORD tot. AddHFond Rnawo Sclredrde, If mole apace Is MquW00 Cancellation provision reverts to 10 days for non-payment of premium. - CRRA, G�tr, Of Santa Ana and their officers, agenlls, volunteers and representatives are named-as Additional Insured CO20101185. per GL Coverage Is Primary ans! Waiver of 3uitro otion a lies to GL WC.AW and fcable forms Assistant City kw 7840 -ZUUU AI.UKU U#JK# UKATIVN. All nglns reserved. ACORD 26 (2008!09) The ACORD name and logo are registered marks of ACORD LLf.R1I n CIRTSAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Santa Ana THE W(PtRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WrTH THE POLICY PROVISIONS. 20 Civic Center Plaza AIRNDRIZEOREPRESENtATW Santa Ana, CA 927D1 kw 7840 -ZUUU AI.UKU U#JK# UKATIVN. All nglns reserved. ACORD 26 (2008!09) The ACORD name and logo are registered marks of ACORD POLICY TIUMBER CBL0724687 COMM IClAL GENERAL UABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAIEFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- (FORM B) This endorsement fnodifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket: Any person or organization for whom you are performing operations ` when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page.1 of 1 (The attaching clause need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on December 1, 2010 at 1201 A.M. standard time, forms apart of Policy No.: CEW724687 Issued To: Landmark Fence Co Inc. By: UNITED NATIONAL INSURANCE COMPANY TEAS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR AUTOMATIC STATUS ADDITIONAL INSURB3 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART If required under a written "insured contract* with you, the following is added to Subparagraph a. Pranary Insurance of Paragraph 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: Notwithstanding the foregoing, the insurance afforded to any person or organization, who has been added to this policy as an automatic status additional insured is primary and non - contributing insurance, but only as respects "bodily injury" or" property damage" arising out of "your work" performed after the effective date of this policy under a written contract between you and such person or organization that requires you to maintain primary and non - contributing insurance and to include such person or organization as an additional insured under such insurance. EPA -1428 (0812009) Page 1 of 1 i (The attaching chiuse need be completed only when this endorsement Is issued subsequent to preparation of the policy.) ! This endorsement.effective on at 12:o'i A.M. standard timer forms a part. of Policy No.: CSLO7724MI7 Issued To Landmark ff ce' Ca, the BY: -United National fns Cq THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US �- PERSON OR ORGANIZATION UNDER AN INSURED -CONTRACT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The foilowing Is added to Paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV -Conditions: We waive any right of recovery we may have against any person or organization if required under a written "Insured contracf, because of.payrmntF- we make fats injury or damage arislr=.g out of your ongoing operations or "your work" done under a written "insured contract" with that person or- organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization named in the written "insured contract". EPA -1423 {0512009} Page 1 of 1 At —"R/7 C E RT m1 I DATE (MMIDDNYYY) 1 LATE ()F LIABILITY INSURANCE "1001 SullivanCurtisMonroe Insurance Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1920 Main Street Suite 600 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Irvine, CA 92614 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND' OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. License # OE83670 949.250.7172 www.SullivanCurtisMonroe.com 949.852.9762 INSURERS AFFORDING COVERAGE NAIC # INSURED Landmark Fence Co., Inc. INSURERA: S=dly National Insurance Company 1,9879 3964 Mission Boulevard INSURER B: Montclair CA 91763 INSURER C: INSURER E: 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L L P POLICY NUMBER L POLICY EFFECTIVE P POLICY EXPIRATION LIMITS GENERAL LIABILITY E EACH OCCURRENCE S S PREMIS a rten $ $ COMMERCIAL GENERAL LL461LRY P MED EXP ( one reon) S S CLAIMS MADE 7 OCCUR M PERSONAL & ADV INJURY $ $ GENERAL AGGREGATE $ $ GEML AGGREGATE LIMIT APPLIES PER: - PRODUCTS - COMP /OP AGG $ $ - P POLICY PRO- LOC AUTOMOBILE L LUU31LITY COMBINED SINGLE LIMB $ $ ANY AUTO ( (Ea accident) ALL OWNED AUTOS BODILY INJURY $ $ SCHEDULED AUTOS ( (Per person) HIRED AUTOS BODILY INJURY $ $ NON -OWNED AUTOS ( (Per accident) PROPERTY DAMAGE $ $ (Per accident) GARAGE LIABILITY - - A AUTO ONLY - EA ACCIDENT $ $ OTHER THAN EA ACC $ $ ANY AUTO $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY E EACH OCCURRENCE $ $ AGGREGATE $ $ OCCUR CLAIMS MADE A S $ DEDUCTIBLE $ $ RETENTION $ $ A W WORKERS COMPENSATION SWC1002531 1 1/27/2011 1 1/27/2012 0 0TH- AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1 000 000 ANY PROPRIETOR/PARTNER/EXEUY / E (Mandatory In u under D DISEASE - EA EMPLOYE $ $ 1,000,000 I E.L. DISEASE - POLICY LIMIT 1 $ $ 1,000,000 SPECIAL PROVISIONS below E OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS I VMICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Decorative Fencing at NE Quad at Santa Clara Ave Santa Ana CA 'aura City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 CEWr a0.: 11659348 Nancy A. Cancero 11/15/2011 9:51:24 AM Page 1 of 3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO/. R�E THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 311 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ' 10 Days for Non- Paynwud cf Premluro. AUTHORIZED REPRESENTATIVE Hector Rodriguez�,�� 9 1988 -2008 ACORD CORPORATION, All rights reserved. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) CBRT NO.: 11659398 Nancy A. CdoterD 11/15/7011 9:51:24 AM Page 2 of 3 11 /15/2011 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4 -84; - I 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 2.00% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 1127/2011 Policy No. SWC1002531 Endorsement No. WC 04 03 06 Insured Landmark Fence Co., Inc. Premium $ Insurance Company Security National Insurance Company Countersigned by 5 CBRT NO.: 11659348 Nancy A. Cantero 11/15/2021 9:51:24 AM Pags 3 of 3