HomeMy WebLinkAboutAugust Fence Company - 1980-03-17 I
CONTRACT
THIS AGREEMENT, made and entered into on the ��day of
19 %0, by and between the City of Huntington Beach,
a municipal corporation, hereinafter referred to as CITY. , and
Augur,t fence Company, hereinafter referred to as CONTRACTOR.
R E C 1 T A L Ss
-the City Council of the City of Runtingt,)n Beach, County of
Orange , State of Callifornia, pursuant to statute in such cases
made and provide ., duly and regularly caused a Notice to be pub-
llrD bl ed ^a1i. n , for bias for labor, materials, tools and equip--
mexzt for t1? 4nsta,llation of two (2) ten-foot swinging gates on
thle Cr=,bq-lr side of the Marina Park Tenn' -, Courts in the
said Beach, California, said work to be con-
structed according to plans, specifications, and special provi-
eions fok ro .. . as are r..are fully described in Exhibit "A" which
is attached hereto and made apart of this contract and are
incorporated as though set out in full herein,
The Oity Council , at a regular meeting thereof, and at the
time and place appointed therefor, received the report of the
results of the bids submitted by the respective bidden: for the
construction and completion of the above-mentioned work, and after
careful consideration of all bids submitted to the City Council,
awarded the contract therefor to the COIrTR,,.CTOR herein named at
the pric s set forth in his bid, it being the lowest and the best
'aid received by the said City Council.
NOW, THEREFORE, in consideration of the covenants and agree-
ments herein contained, being done and performed by the parties
hereto , it is hereby agreed as follows:
1. By my signature hereunder as CONTRACTOR, I certify that
I am aware of the provisions of California Labor Code Section 3700
wh;1ch requires every employer to be insured against liability for
Workers' Compensation or to undertake self-insurance in accord-
ance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract.
2. CONTRACTOR agrees to receive and accept as full compen-
sation for furnishing all materials and for doing all work contem-
plated and embraced in this Agreement, the unit prices CONTRACTOR
submitted in his proposal which was accepted by CITY. A copy of
said proposal is attached hereto and incorporated herein by refer-
ence and made a part hereof. CONTRACTOR further agrees that said
payment by CITY shall include a:..1 payments for all loss or damages
arising out of the nature of the work aforesaid, or from action of
the elements, or from any unforeseen difficulties, or obstructions
which may arise or be encountered in the prosecution of the work
until its acceptance by CITY, and for all risks of every descrip-
tion connected with thu work; also for all ex penses incurred by or
in conoequence of the suspension or dis continuance of work and for
well and faithfully completing the work and the whole thereof, in
the manner and according to the plans and specifications , and the
requirements of the engineer under them.
4.
3. CITY agrees with said CONTRACTOR to employ, and does
hereby employ, the said CONTRACTOR to provide the materials
and to do the work according to the terms and conditions herein
contained aff referred to, for the prices aforesaid, and hereby
contracts to pay the same at the time, in the manner and upon
the conditions set f n the special provisions, and the said
parties for themsel— E.,eir heirs, executors, administrators,
successors and assign, do herby agree to the full. performance
of the covenants herein contained for tt;e contract bid amount of
Eight Hundred Sixty Dollars ($860.00) which Lmount is subject to
adjustment upward or downward dependent upon in-place quantity
where applicable.
4. It is further expressly agreed by and between the parties
hereto that should there be any conflict between the terms of this
instrument and the bid or proposal of said CONTRACTOR, then this
instrument shall control and nothing herein shall be considered
as in acceptance of the said proposal ccn.flicting herewith.
5. Bid Bond. CONTRACTOR further agrees that his proposal
shall be accompanied by a bidder' s security in an amount equal to
ten percent (10,10 of his bid in accordance with California Govern-
ment Code Sections 37931 et seq.
6. Bonds. The bond or bonds required to be furnished to
CITY Under this contract covering CONTRACTOR'S faithful perform-
ance, the cost of labor and materials expended, and CONTRACTOR'S
one-year warranty must be furnished to and accepted by CITY prior
to commenctement of any work hereunder. All bonds must be in the
3.
amount stated in, the special provisions incorporated herein, and
in such form at is acceptable to the City Attorney..
7. 'Warranty. All work performed in accordance with these
plans, standard specifications, and special provisions including
but not limited to workmanship, installation, fabrications , material
and structural, mechanical , or electrical facilities shall. be war-
ranted for a period of one year, commencing with the filing of the
Notice of Completion and acceptance of the contract by CITY unless
specifi6 areas are to be warranted longer, as provided in special
provisions.
Security for such warranty may be provided as part of
the faithful performance bond or by a separate bond and Nhal.1 be
in the full amount of the performance bond. Release of the per-
formance bond hall not release the warranty portion of the bond
or the separate warranty bond.
CONTRACTOR, within ten (10) days after notification of a
defect warranted hereunder, will either make appropriate repairs,
replace the defective item or items or show reasons'jle cause as to
reason for his delay, and refusal or failure to comply will cause
CITY to file claim against the bond.
8. California Fair Employment Practice Act. CONTRACTOR
agrees to utilize fair employment practises in accordance with
California Tabor Code Sections 1410 et seq.
9. Discrimination. CONTRACTOR agrees that in performance
of the terms of this agreement, it will not engage in, nor permit
its agents to engage in, discrimination in employment of persons
r:
mom
AN
because of race , religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, or sex of
such persons, except as provided in. Section 1420 of the California
Labor Code. Violation of this provision may result in the iniposi-
tion of penalties referred to in Division 2 , Part 7 , Chapter 1 of
the California Labor Code.
10. Indemnification, Defense, Hold Harmiess. CONTRACTOR here-
by agrees to defend, indemnify and hold harmless CITY, its officers,
agents and employees, from and against any and all liability, damages,
costs, losses, claims and expenses resulting "ram or connected with
CONTRACTOR'S performance of this contract , including but not limited
to such liability, cost, damage , loss, claim or expense arising from
the death or injury to an agent or employee of CONTRACTOR, subcon-
tractor, or of CITY or of any agent or employee of CONTRACTOR, sub-
contractor or of CITY, except where such liability, damages, costs,
losses, claims or expenses are caused solely by the negligent or
wrongful acts of CITY or any of its agents or employees including
negligent omissions or commissions of CIT'.'., Lts agents or employees,
in connection i..th the general supervision or direction of the work
to be performed hereunder.
11. Insurance. CONTRACTOR agrees to furnish to CITY and main-
tain in force until the completion of all work a general liability
certificate of insurance in which CITY is named as an additional
insured. Such certificate of insurance shall state that a general
liability insurance policy insures the CONTRACTOR for CONTRACTCR'S
(1) negligent acts and (2) errors and omissions, as minimum coverage.
5.
Such certificate of insurance shall indicate insurance coverage
for CITY, its officers and employees, while acting within the scope
of their duties, against all claims arising out of or in connection
with the work. The policy shall provide for not less than the
following amounts: Combined single limit bodily injury and/or
property damage of $300,000 per occurrence.
12. Independent Contractor. It is further understood and
agreed that CONTRACTOR is, and shall be, acting at all times as
an independent contractor herein and not as an employee of VTTY.
CONTRACTOR shall P ure at its expense , and be responsib_ .,r
any and all payment of income tax , social security, state disability
insurance compensation, unemployment compensation, and other pay-
roll deductio, )r CONTRACTOR and its officers, agents and em-
ployees, and all business licenses, if any, in connection with
the services to be performed hereunder.
13. Attorney Fees. In -the event CITY shall bring suit to
compel performance of or to recover for breach of any covenant,
agreement, or condition herein contained and such suit results
in a judgment for CITY, CONTRACTOR will pay to CITY reasonable
attorneys' fees in addition to the amount of judgment and costs.
IN WITNESS WHEREOF, the parties hereto have executed this
contract the day, month and year first above vritten.
CITY OF HUNTINGTON BEACH
ATTEST: wt, ,
Mayor Pro T mpore
3 s
City Clerk
6.
Ask AdftL
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
C ty Administrator Cit Attorney
b-tl-
INITIATE AND APPR, VED:
i tor, -Community Services
CONTRACTOR
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NAME AND ADDRESS OF AGENCY
HENDERSON INSURANCE AGENCY COMPANIES AFFORDING COVERAGES
P.,O. BOX 2210
Huntington Beach, Ca. 92649 LETTERNY A ST. PAUL INSURANCE
COMPANY Q LETTER
NAME AND ADDRESS OF INSURED w —•
COMPANY
William August LETTER
DBA: AUGUST FENCE CO.
��� rj
16400 Saybrook Lane LETTERNY 2-0
Huntington Beach,
fB�each, �cCa.
92649
COMPANY
td.tJ LETTER
This is to certify that policies of insw,ance listed below have been issued to the insured named above and are in force at this time.
Limits oftiabitlty in Thousan s a701��
COMPANY TYPE/'iir1C::R�NCE POLICY POLICY EACH
LETTEP. E)tPtRATION DATE OCCURRENCE AGGREGATE
GENERAL LIABILITY _ —�
BODILYINJURY $ $
❑COMPREHENSIVE. FORM A REMWES--OPERATIONS 561iDo178 12-1-80 PROPERTY DAMAGE $ $
LI=--xPLOSSIODN AND COLLAPSE
HAZAR
UNDERGRDUND 4AZARD
PRODUCTa(COMPLE]ED
OPERATIONS HAZARD BODILY INJURY AND
CONTRACTUAL INSURANCE PROPILRTYDAMAGE $300 $300
BROAD FORM PROPERTY COMBINED
DAMAGE
❑INDEPENDENT CONTRACTORS
r�
L.�.I PERSONAL. INJURY PERSONAL INJURY +
AUTOMOBILE LIABILITY
TEACH FFRd:7NT $
❑COMPREHENSIVE FORM BODILY!NAIRY $
�r,7 +EACHACCID!NT)
.'t HIRED OWNED f PROPERTY DAMAGE� $~—•�—�•
! .___..�
Eiii)ILY IF4I-RY AND
IFFNON-OWNED � KC - ,)AGE $
EXCESS LIAf3lLl7 Y __ Yt1IrJE0.,_• _ �y,,•
BOUIL P INJ,)R-f AND -
i__1 UMBRELLA FORM PROPERTY DAMAGE $ $
0 OTHER THAN UMBRELLA '"OMBINEtI
FARM
WORKERS'COMPENSATION rATLIrtJi�r
and
EMPLOYERS'IJABILtTY $
_ Era.. •.r.
.��W, OTHER
I
CIESr;RIFTION OF OPEti:TIGNStLOCATION@:;lEIIICIES COINDITION 07; 01' 11 Lvcu-
taliMT 4'xl3,I '.tT.: CATE
IS I55tii ':n CY THE
POLICIES LISTW ON THE C ':'i�:iCATG IS SUBJECT
TO.ALL THE TERMS OF iUCH POLICIES,
CancellatuTsnz Should any of the above described poVici,Sb be cancelied before the expir;acion date thoreof,the Issuing com
piny will endeavor to mail 'i O days written notiF o to the below narri d certificate t oldcr, but failure to
mail such notice shall impose no obligation or liability of any hind upon the c it)rnpany.
NAME„N Atls„E scafcERnFI Aaj•;t))tlai{ _. _x ._AMOVED A C =
CITY OF !MY-'INGTON BEACH AILON 2,�.-E� .... ..., ._
Dept. of Hatbors & Beachegity Actor
P.O. Box 190 City Attorney �
Hunting tf Zeach, Ca. 92648
:>•r z
ty Attorney
C'O4iri„79 tkJ-ii'z'vI
City of Huntington Beach
YiPMY.�MIA IWafMid.
® P.Q. Box 190 CALIFORNIA 92M
OFFICE THE CITY CLERK OT'I'hCE OF
March 19, 1980
Mr. William August
August Fence Company
16W Saybrook Lane
Huntington Beach, CA 92649
Dear Mr. Augusts
The City Council of the City of Huntington Beach at its regular meeting held
Monday, March 17, 1980 approved an agreement with your company for the
installation of two 10-foot swing gates for the tennis courts at Marina Park
for a cost of $860.
We have enclosed a duly executed copy of said agreement and your certificate
fo?- your records.
Sincerely,
Alicia M. Wentworth
City Clerk
AMW:cd
Enclosures,
cc Vince Moorhouse, Director of Community Services
REQUEST FOR CITY COUNCIL ACTT
Submitted by Vincent G. Moorhouse, Director Department Community Services
Date Prepared February 25 , Ig 80 Backup Material Attached n Yes No
Subject MARINA PARK - GATE INSTALLATION
City Administrator's Comments
Approve as recomanended.
P 'RC V tT BY CITY COUNCIL
CITY ll
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions:
Statement of Issue:
At the January 21, 1980 City Council meeting, August Fence Company was selected as low bidder
for the installation of two 10-Moot swing gates for the tennis courts at Marina Park for a cost of
$860.00.
Recommendation:
Approve the contract prepared by the City Attorney's off'ce with August Fence Company.
Authorize the Mayor to execute said document.
Analysis
City personnel responsible for the maintenance of the lighted tennis courts at Marina Park have no
means of ingress to service the light poles located in the middle of each court. To correct
this problem, it is necessary to install two 10-foot swing gates on the Graham Street side of the
courts.
Funding Sources
Park Acquisition and Development Fund, Account No. 790796.
Approximate Park Acquisition and Development balance = $1y755,618.
Alternative Action:
Do not approve the contract for gate installation,
VGM:sh
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