HomeMy WebLinkAbout12 - Approval of M/RSA for On-Call FencingQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
January 14, 2025
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: John Salazar, Streets & Beaches Superintendent - 949-718-3460,
jsalazar@newportbeachca.gov
TITLE: Approval of Maintenance and Repair Services Agreements with
EverFence Corporation and Red Hawk Services, Inc. for On -Call
Fencing
ABSTRACT:
The City of Newport Beach's current agreements for on -call fencing maintenance and
repair services expire on March 23, 2025. Based on the results of a Request for Proposals
(RFP) process, staff recommends awarding five-year agreements for these services to
EverFence Corporation and Red Hawk Services, Inc., with a not -to -exceed (NTE) limit of
$300,000 for each agreement.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve a Maintenance and Repair Services Agreement with EverFence Corporation
for a five-year term and total not -to -exceed amount of $300,000, and authorize the
Mayor and City Clerk to execute the agreement; and
c) Approve a Maintenance and Repair Services Agreement with Red Hawk Services,
Inc. for a five-year term and total not -to -exceed amount of $300,000, and authorize
the Mayor and City Clerk to execute the agreement.
DISCUSSION:
The City's current on -call fencing maintenance and repair services agreements expire on
March 23, 2025. Based on the results of an RFP, staff recommends awarding new
agreements to EverFence Corporation and Red Hawk Services, Inc. as the two highest
scoring proposers, for five-year terms and an NTE of $300,000 for each agreement.
The contractors provide as -needed maintenance and repair services for a variety of
different types of fencing and related items at City parks, trails, beaches and facilities.
Occasionally, they may also provide temporary or minor permanent fencing services that
arise on capital improvement program (CIP) projects. Major CIP project fencing needs
are included as part of the project bid and therefore funded by the CIP project.
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Approval of Maintenance and Repair Services Agreement with
EverFence Corporation and Red Hawk Services, Inc. for On -Call Fencing
January 14, 2025
Page 2
Awarding two on -call agreements ensures the City can efficiently address both emergent
and planned work without being restricted by a single contractor's schedule and
availability. It also ensures responsiveness, competitive pricing, and quality service, while
reducing the risks associated with relying on single providers and potential contractor
failure or underperformance. When services are needed, staff will request letter proposals
from each contractor to secure the best pricing for each project.
Combined on -call fencing service expenditures from 2020-2024 under current
agreements averaged approximately $100,000 per year with billing rates remaining static
during that time. New billing rates, approximately 20% higher than current rates, align
with inflation increases based on the Los Angeles -Long Beach -Anaheim -area
consumer price index (CPI) during that time.
RFP No. 24-82 was published on August 15, 2024, and the City received three complete
proposals. A three -member staff panel first evaluated proposals technically based on
qualifications and demonstrated experience, with a maximum possible score of 60 points.
All three proposals earned the minimum 70% technically required and were then scored
on a combination of various service costs, with a maximum possible score of 40 points.
Overall evaluation results are shown in the table below.
Proposer
Technical Score
Cost Score
Total Score
Rank
EverFence Corporation
45.00
39.07
84.07
1
Red Hawk Services, Inc.
55.00
27.60
82.60
2
Harris Steel Fence Co., Inc.
53.00
14.41
67.41
3
FISCAL IMPACT:
The adopted budget includes sufficient funding for these agreements. Work will be
expensed to the appropriate accounts in the Public Works Department Operating and/or
CIP budgets depending on its nature and location.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Maintenance and Repair Agreement with Everfence Corporation
Attachment B — Maintenance and Repair Agreement with Red Hawk Services, Inc.
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ATTACHMENT A
ON -CALL MAINTENANCEIREPAIR SERVICES AGREEMENT
WITH EVERFENCE CORPORATION FOR
ON -CALL FENCING MAINTENANCE AND REPAIR SERVICES
THIS ON -CALL MAINTENANCEIREPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 14th day of January, 2025 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and EVERFENCE CORPORATION, a Delaware
corporation ("Contractor"), whose address is 12309 Telegraph Road, Santa Fe Springs,
CA 90670, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call maintenance and/or repair
services for City consisting of on -call fencing maintenance, repair, replacement
and installation services ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows;
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on January 13, 2030, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
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2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The -time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Three Hundred Thousand Dollars and 00/100
($300,000.00), without prior written amendment to the Agreement.
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4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All Items, 1982-84=100 for All Urban Consumers (CPI-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall -the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Andrew Kaufman to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
I
Everfence Corporation Page 3 12.5
i
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove -from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public
Works or designee shall be the Project Administrator and shall have the authority to act
for City underthis Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor; one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
Everfence Corporation Page 4 12-6
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
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9.6 Contractor shall perform all Work in a. manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CiTY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
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14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 001100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 001100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter,Proposal accepted by City of over Twenty Five Thousand Dollars and 001100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 001100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
Everfence Corporation Page 7 12-9
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor ors
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
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to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
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
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
sea., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
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24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Matthew Lloyd Sivewright
Everfence Corporation
120 Newport Center Drive
Newport Beach, CA 92660
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
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Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 1n the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, of seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
Everfence Corporation Page 11 12-13
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 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.
29.8 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.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
Everfence Corporation Page 12 12-14
29.10 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, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Everfence Corporation Page 13 12-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S. OFFICE
Date: 1' - i 7- 14
By: C,
on C. Harp
Attorney
�y
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
M
Joe Stapleton
Mayor
CONTRACTOR:EVERFENCE
CORPORATION, a Delaware
corporation
Date:
By: By:
Leilani I. Brown Matthew Sivewright
City Cleric Chief Executive Officer, Secretary,
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D -- Labor and Materials Payment Bond
Exhibit E — Faithful Performance Bond
Everfence Corporation Page 14 12-16
EXHIBIT A
SCOPE OF SERVICES
Everfence Corporation Page A-1
12-17
Exhibit A
Scope of Services
Contractor shall provide and furnish labor, materials, special equipment, and permits for
the installation and repairs of, but not limited to, wrought iron gates and fence, the
installation and repairs of chain link gates and fence, privacy mesh fencing, Vinyl covered
chain link fencing, wood panel fencing, peeler core post and wood -rail fencing, concrete
post and rail fencing, and tension cables on city owned facilities within the City limits of
Newport Beach, California.
• Contractor shall detail any modifications or curtailment of requested tasks and
operations in Contractor's Letter Proposal which shall be subject to acceptance by
the City's Project Administrator.
• Contractor shall maintain work areas with a well -manicured, clean appearance,
and all work shall be performed in a professional manner using quality equipment.
• Contractor shall be responsible for the demolition, removal, haul away, and
disposal of construction related debris and materials related to the requested fence
repair/installation work.
• Contractor shall be responsible for any damages to public and/or private property
caused during the course of the work.
• Contractor shall recognize that during the course of this Agreement, the City may
have other contractors conducting other activities and/or operations in the
immediate vicinity of requested work. Contractor shall make every effort to
coordinate activities with existing operations. Other activities may include, but are
not limited to, the following:
i. Landscape refurbishment;
H. Modification or repair of existing facilities,
iii. Construction; and
iv. Storm related operations
Contractor Requirements:
• Contractor shall meet all specifications and requirements contained in this
Agreement. No substitutions will be accepted without prior City written approval.
• Contractor shall possess and maintain an active C-13 - Fencing Contractor
License issued by the State of California Contractors State License Board.
• Contractor shall respond to requests within forty-eight (48) hours of notification by
a representative of the City.
12-18
• All tools and materials shall remain in Contractor's possession at all times.
• All Contractor vehicles parked on site shall be secure at all times.
e Contractor shall ensure all precautions for safety are taken.
• Contractor shall obtain necessary building permits at no cost when required.
• Contractor shall possess a City Business License.
• Contractor shall be registered with the Department of Industrial Relations (DIR) for
the electronic submitting of their certified payroll for prevailing wage.
• As required, Contractor shall provide traffic control per the latest edition of the
Manual on Uniform Traffic Control Devices (MUTCD) "Watch Manual."
• The Contractor is responsible for all underground service alerts prior to digging
(DigAlert).
12-19
09/04/2024
E V E R F E N C E TM
FENCE MADE EASY-
EverFence will provide and furnish (as necessary) labor, materials, special equipment, and
permits for the installation and repairs of (but not limited to) wrought iron gates and fence, the
installation and repairs of chain link gates and fence, privacy mesh fencing, Vinyl covered chain
link fencing, wood panel fencing, peeler core post and wood -rail fencing, concrete post and rail
fencing, and tension cables on city owned facilities within the City limits of Newport Beach,
California.
About Us:
EverFence Corporation is a reputable fence company with roots in Southern California
and offices in Texas as well as Florida. Our five locations in Southern California allow us to
serve our customer base quickly and efficiently with the high standards we require of ourselves.
EverFence's local team to Newport Beach consists of our Commercial Division Manager,
Commercial Manager, 5 project managers, 3 project coordinators, 5 estimators, 25 crews,
accounts, etc.. We have an abundance of knowledge throughout our organization and are
extremely confident in our ability to meet timelines and with the high level of quality expected.
Method of Approach:
1) We are extremely confident in our ability to provide coverage and materials in ample time for
this project. EverFence is very familiar with these types of projects, and we have a very
experienced team coordinating along with multiple facilities in the area.
a) Subcontractors — We will not be using subcontractors on this project as our team and
crews are the most experienced with this SOW.
12-20
Contractor License:
ONTRS
dC� STATE LICENSE BOARD
»� """°`""'."• ACTIVE LICENSE r�
_.-A063022 --,CORP
...�. EVERFENCE CORPORATION
n
..02/2812026 www.cslb.ca.aov R
Department of Industrial Relations (DIR):
1) DIR Number: 1000708605 Expires:06/30/2026
Conclusion:
On behalf of EVerEence Corporation, we would like to express our gratitude for the chance to bid on
this project. We are eager and enthusiastic about the prospect of working with the City of Newport
Beach.
12-21
EXHIBIT B
SCHEDULE OF BILLING RATES
Everfence Corporation Page B-1 12.22
Exhibit B - COST FILE
Section 1: Billing Rates
Important Note: Rates are inclusive of all costs including, but not limited to labor,
travel, supplies, equipment, materials, and disposal in the performance of the
prescribed tasks.
CHAIN LINK FENCE
Chain link shall be 9 gauge, 2 1/4" mesh size
ITEM
Unit of
Cost per
Cost per
Cost per
Cast per
NO.
DESCRIPTION
Measure
Unit
Unit
Unit
Unit
1-10 LF
11-50LF
51-100LF
100+LF
1
Remove and install 4'
LF
hi h chain link fence
$21.00
$21.00
$21.00
$21.00
2
Remove and install 6'
LF
hi h chain link fence
$22.00
$22.00
$22.00
$22.00
3
Remove and install 8'
�F
NO chain link fence
$26.00
$26.00
$26.00
$26.00
4
Provide and install 4'
LF
hi h chain link fence
$15.00
$15.00
$15.00
$15.00
5
Provide and install 6'
LF
hi h chain link fence
$18.00
$18.00
$18.00
$18.00
6
Provide and install 8'
LF
high chain link fence
$20.00
$20.00
$20.00
$20.00
CHAIN LINK POSTS
Removal
ITEM
Unit of
Cost
Cost per
Cost per
Cost per
NO.
DESCRIPTION
Measure
per Unit
Unit
Unit
Unit
Each
2-5 Each
6-10 Each
10+ Each
Removal of line or
$350
$350
$350
$350
7
terminal posts all sizes
Each
and location
Line Post Install
ITEM
Unit of
Cost
Cost per
Cost per
Cost per
NO.
DESCRIPTION
Measure
per Unit
Unit
Unit
Unit
Each
2-5 Each
6-10 Each
10+ Each
8
1 5/8" diameter x 4' high
Each
in concrete/pavement
$250.00
$250.00
$250.00
$250.00
9
1 5/8" diameter x 4' high
Each
in soil
$245.00
$245.00
$245.00
$245.00
1 Q
1 5/8" diameter x 6' high
Each
in concrete/pavement
$260.00
$260.00
$260.00
$260.00
11
1 5/8" diameter x 6' high
Each
in soil
$255.00
$255.00
$255.00
$255.00
12
1 5/8" diameter x 8' high
Each 1
in concrete/pavement
$270.00
$270.00
$270.00
$270.00
12-23
COST FILE
Line Post Install (cont.)
ITEM
Unit of
Cost
Cost per
Cost per
Cost per
NO
DESCRIPTION
Measure
per Unit
Unit
Unit
Unit
Each
2-5 Each
6-10 Each
10+ Each
13
1 5/8" diameter x 8' high
Each
in soil
$265.00
$265.00
$265.00
$265,00
14
1 7/8" diameter x 4' high
Each
in concrete/pavement
$250.00
$250.00
$250.00
$250.00
15
1 7/8" diameter x 4' high
Each
in soil
$245 0
$245.00
$245.00
$245.00
16
1 7/8" diameter x 6' high
Each
in concrete/pavement
$260.0
$260.00
$260.00
$260.00
17
1 7/8" diameter x 6' high
Each
in soil
$255.00
$255.00
$255.00
$255.00
18
1 7/8" diameter x 8' high
Each
in concrete/pavement
$270.00
$270.00
$270.00
$270.00
19
1 7/8" diameter x 8' high
Each
in soil
$265.00
$265.00
$265.00
$265.00
20
2 3/8" diameter x 4' high
in concrete/pavement
Each
$265.04
$265.00
$265.00
$265.00
21
2 3/8" diameter x 4' high
Each
in soil
$260.00
$260.00
$260.00
$260.00
22
2 3/8" diameter x 6' high
Each
in concrete/pavement
$275.00
$275.00
$275.00
$275.00
23
2 318" diameter x 6' high
Each
in soil
$270.00
$270.00
$270.00
$270.00
24
2 3/8" diameter x 8' high
Each
in concrete/pavement
$280.00
$280.00
$280.00
$280.00
25
2 3/8" diameter x 8' high
Each
in soil
$275 0
$275 00
$275.00
$275.00
26
2 7/8" diameter x 4' high
Each
in concrete/pavement
$265.00
$265.00
$265.00
$265.00
27
2 7/8" diameter x 4' high
Each
in soil
$260.00
$260.00
$260.00
$260.00
28
2 7/8" diameter x 6' high
Each
in concrete/pavement
$275.00
$275.00
$275.00
$275.00
29
2 7/8" diameter x 6' high
Each
in soil
$270.00
$270.00
$270.00
$270.00
30
2 7/8" diameter x 8' high
Each
in concrete/pavement
$280 0
$280.00
$280.00
$280.00
31
2 7/8" diameter x 8' high
Each
in soil
$275.00
$275.00
$275.00
$275.00
Terminal
Post Install
ITEM
Unit of
Cost
Cost per
Cost per
Cost per
NO.
DESCRIPTION
Measure
per Unit
Unit
Unit
Unit
Each
2 Each
3-4 Each
4+ Each
32
2 3/8" diameter x 4' high
Each
in concrete/pavement I
.$265.OQ
$265.og
$265.00
$265.00
12-24
COST FILE
Terminal Post Install
ITEM
Unit ofF$Each
Cost per
Cost per
Cost per
NO.
DESCRIPTION
Measure
Unit
Unit
Unit
2 Each
3-4 Each
4+ Each
33
2 318" diameter x 4' high
in soil
Each
$260.00
$260.00
$260.00
34
2 318" diameter x 6 high
Each
in concrete/pavement
$275.00
$275.00
$275.00
$275.00
35
2 318" diameter x 6' high
Each
in soil
$270.00
$270-00
$270.00
$270.00
36
2 318" diameter x 8' high
Each
in concrete/pavement
$280 00
$280.00
$280.00
$280.00
37
2 3/8" diameter x 8' high
Each
in soil
$275.00
$275.00
$275.00
$275.00
38
2 7/8" diameter x 4' high
Each
in concrete/pavement
$265 0
$265.00
$265.00
$265.00
39
2 7/8" diameter x 4' high
Each
in soil
$260.001
$260.00
$260.00
$260.00
40
2 7/8" diameter x 6 high
Each
in concrete) avement
$275.00
$275.00
$275.00
$275.00
41
2 718" diameter x 6' high
Each
in soil
$270.00
$270.00
$270.00
$270.00
42
2 718" diameter x 8' high
In concrete/pavement
Each
$280.00
$280.00
$280.00
$280.00
43
2 718" diameter x 8' high
in soil
Each
$275 0
$275.0
$275.00
$275.00
Minimum specifications unless otherwise noted on approved permitlplans when
applicable:
• Concrete for fence posts shall have a'minimum compression strength of 4,000 psi.
• Fence post footings to be a minimum of 3 times the post diameter.
• Fence post footings to be a minimum of 24" deep for 4' and 6' high posts and 36" deep for
8' high posts.
12-25
COST FILE
MISCELLANEOUS TASKS
ITEM
Unit of
Cost per
Cost per
Cost per
Cost per
NO.
DESCRIPTION
Measure
Unit
1(1Ll1-50LF
Unit
Unit
Unit
51.100LF
100+LF
44
Re -stretch chain link
LF
fabric
$27.00
$27.00
$27.00
$27.00
45
Remove and replace top
LF
rail
$12.00
$12.00
$12.00
$12.00
46
Remove and replace
LF
bottom tension wire
$3.75
$3.75
$3.75
$3.75
47
Privacy Fencing - Slats
LF
$34.00
$34.00
$34.00
$34.00
48
Privacy Fencing - Vinyl
LF
Sheeting
$24.00
$24.00
$24.00
$24.00
49
Re -Stretch 3/8" Tension
LF
cable
$7.25
$7.25
$7.25
$7.25
50
Remove and install 3/8"
LF
Tension cable
$12.75
$12.75
$12.75
$12.75
51
Re -Stretch 3/16"
LF
Tension cable
$8.25
$8.25
$8.25
$8.25
52
Remove and install 3/16
LF
Tension cable
$13.75
$13.75
Remove and Install Gate
53
Chain link fabric shall be
LF
100.00
$100.00
$100.00
$100.00
9 gauge - 2 1/4" mesh
size
54
Rental Chain Link 6 foot
LF
high
$27.00
$27.00
$27.00
$27.00
55
Privacy Fencing - Fabric
LF
$6.00
$6.00
$6.00
$6.00
12-26
COST FILE
After Hours means Monday - Friday 5:00 pm - 7:00 am, Weekends and Holidays.
• All rates subject to comply with Prevailing Wage requirements and subject to Department
of Industrial Relations (D1R) payroll submission.
- Rates are inclusive of materials. Any reimbursements for unanticipated and pre -approved
costs will require a receipt with a maximum 15% markup allowable.
Section 2: HOURLY LABOR RATES
Minimum Call Out:
2 Minimum Hours
Rate Type
Hourly Labor Rate
$150 00
Welding - Regular Rate
$225.00
Welding - Overtime Rate (Monday - Friday 5:00
pm • 7:00 am, Weekends and Holidays)
Foreman - Regular Rate
$150.00
Foreman - Overtime Rate (Monday - Friday
5:00 pm • 7:00 am, Weekends and Holidays)
$225.00
Journeyman - Regular Rate
$125.00
Journeyman - Overtime Rate (Monday - Friday
5:00 pm - 7:00 am, Weekends and Holidays)
$188.00
Laborer - Regular Rate
$100.00
$150.00
Laborer - Overtime Rate (Monday - Friday 5:00
pm - 7:00 am, Weekends and Holidays)
Parts and Materials Markup % (Maximum 15%)
Total % Markup: 14.5
CPI ADJUSTMENT: Billing rates may be given up to a 2% annual CPl increase upon the
first anniversary of the contract and each anniversary thereafter in accordance with the
terms set forth in the Agreement.
12-27
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCEIREPAIRMANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business- of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
Everfence Corporation Page C-1 12-28
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation,. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
Everfence Corporation Page C-2 12.29
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another, insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL. coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Everfence Corporation Page C-3 12-30
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims, Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
I. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Everfence Corporation Page C-4 12-31
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
EVERFENCE CORPORATION hereinafter designated as the "Principal," an agreement
for maintenance and/or repair services consisting of on -call fencing maintenance, repair,
replacement and installation services, in the City of Newport Beach, in strict conformity
with the Agreement on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
Everfence Corporation Page D-1 12-32
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Everfence Corporation Page D-2 12-33
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of _ I ss.
On , 20 before me, ,
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of)SS.
On , 20 before me, ,
Notary Public, personally appeared ,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that helshe/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Everfence Corporation Page D-3 12-34
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
EVERFENCE CORPORATION hereinafter designated as the "Principal," an agreement
for maintenance and/or repair services consisting of on -call fencing maintenance, repair,
replacement and installation services in the City of Newport Beach, in strict conformity
with the Agreement on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Everfence Corporation Page E-1
12-35
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
0
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Everfence Corporation Page E-2
12-36
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of SS.
On , 20 before me,
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of - } ss.
On , 20 before me, ,
Notary Public, personally appeared ,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
EverFence Corporation Page E-3
12-37
ATTACHMENT B
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH RED HAWK SERVICES, INC. FOR
ON -CALL FENCING MAINTENANCE AND REPAIR SERVICES
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 14th day of January, 2025 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and RED HAWK SERVICES, INC., a California
corporation ("Contractor"), whose address is 262 E 1 st Street, Perris, CA 92570, and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to cant' on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call maintenance and/or repair
services for City consisting of on -call fencing maintenance, repair, replacement
and installation services ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW; THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on January 13, 2030, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
12-38
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set fprth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed Three Hundred Thousand Dollars and 001100
($300,000.00), without prior written amendment to the Agreement.
Red Hawk Services, Inc. Page 2 12-39
4.2 Upon the first anniversary of the Effective Date and upon each anniversary
of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall
be adjusted in proportion to changes in the Consumer Price Index, subject to the
maximum adjustment set forth below. Such adjustment shall be made by multiplying the
Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the
Consumer Price Index for the calendar month three (3) months preceding the calendar
month for which such adjustment is to be made, and the denominator of which is the value
of the Consumer Price Index for the same calendar month immediately prior to Effective
Date. The Consumer Price Index to be used in such calculation is the "Consumer Price
Index, All items, 1982-84=100 for All Urban Consumers (CPi-U)", for the Los Angeles -
Riverside -Orange County Metropolitan Area, published by the United States Department
of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial
indices are published, the official index shall be used. If said Consumer Price Index is no
longer published at the adjustment date, it shall be constructed by conversion tables
included in such new index. In no event, however, shall the amount payable under this
Agreement be reduced below the Billing Rates in effect immediately preceding such
adjustment. The maximum adjustment increase to the Billing Rates, for any year where
an adjustment is made pursuant to this Section, shall not exceed the Consumer Price
index or 2.0% of the Billing Rates in effect immediately preceding such adjustment,
whichever is less.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Sacott Moore to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
Red Hawk Services, Inc. Page 3
12-40
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public
Works or designee shall be the Project Administrator and shall have the authority to act
for City underthis Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATE RIALSISTANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
Red Hawk Services, Inc. Page 4 12-41
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, cr its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable, The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
Red Hawk Services, Inc. Page 5 12-42
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
Red Hawk Services, Inc. Page 6 12-43
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 001100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 001100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 001100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 001100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the Califomia Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
Red Hawk Services, Inc. Page 7 12-44
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
Red Hawk Services, Inc. Page 8 12-45
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
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
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
sea•, which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
Red Hawk Services, Inc. Page 9 12-46
24.2 If subject to the Act and/or Government Code §§ 1090 et sea., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at-
Attn: Sacott Moore
Red Hawk Services, Inc.
262 E 1 st Street
Perris, CA 92570
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Red Hawk Services, Inc. Page 10 12-47
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 -In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSK) (29 USCA § 201, of seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
Red Hawk Services, Inc. Page 11 12-48
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 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.
29.8 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.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
Red Hawk Services, Inc. Page 12 12-49
29.10 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, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Red Hawk Services, Inc. Page 13 12-50
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1Z - i 7W 2 u
By:'��
Apr1pn C. Harp
C10 Attorney
ti
ATTEST:
Date:
Leilani i. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Joe Stapleton
Mayor
CONTRACTOR: RED HAWK
SERVICES, INC., a California
corporation
Date:
By:
Scott Aven Moore
Chief Executive Officer, Chief Financial
Officer
Date:
By:
Jacob Ray Moore
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A
- Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C
- Insurance Requirements
Exhibit D
- Labor and Materials Payment Bond
Exhibit E -
Faithful Performance Bond
Red Hawk Services, Inc. Page 14 12-51
EXHIBIT
SCOPE OF SERVICES
Red Hawk Services, Inc. Page A-1 12-52
Exhibit A
Scope of Services
Contractor shall provide and furnish labor, materials, special equipment, and permits for
the installation and repairs of, including but not limited to, wrought iron gates and fences,
the installation and repairs of chain link gates and fences, privacy mesh fencing, Vinyl
covered chain link fencing, wood panel fencing, peeler core post and wood -rail fencing,
concrete post and rail fencing, and tension cables on city owned facilities within the City
limits of Newport Beach, California.
• Contractor shall detail any modifications or curtailment of requested tasks and
operations in Contractor's Letter Proposal which shall be subject to acceptance by
the City's Project Administrator.
• Contractor shall maintain work areas with a well -manicured, clean appearance,
and all work shall be performed in a professional manner using quality equipment.
• Contractor shall be responsible for the demolition, removal, haul away, and
disposal of construction related debris and materials related to the requested fence
repair/installation work.
• Contractor shall be responsible for any damages to public and/or private property
caused during the course of the work.
• Contractor shall recognize that during the course of this Agreement, the City may
have other contractors conducting other activities and/or operations in the
immediate vicinity of requested work. Contractor shall make every effort to
coordinate activities with existing operations. Other activities may include, but are
not limited to, the following:
i. Landscape refurbishment;
ii. Modification or repair of existing facilities;
iii. Construction; and
iv. Storm related operations
Contractor Requirements:
Contractor shall meet all specifications and requirements contained in this
Agreement. No substitutions will be accepted without prior City written approval.
• Contractor shall possess and maintain an active C-13 - Fencing Contractor
License issued by the State of California Contractors State License Board.
• Contractor shall respond to requests within forty-eight (48) hours of notification by
a representative of the City.
12-53
• All tools and materials shall remain in Contractor's possession at all times.
• All Contractor vehicles parked on site shall be secure at all times.
• Contractor shall ensure all precautions for safety are taken.
• Contractor shall obtain necessary building permits at no cost when required.
• Contractor shall possess a City Business License.
• Contractor shall be registered with the Department of Industrial Relations (DIR) for
the electronic submitting of their certified payroll for prevailing wage.
• As required, Contractor shall provide traffic control per the latest edition of the
Manual on Uniform Traffic Control Devices (MUTCD) "Watch Manual."
• Contractor is responsible for all underground service alerts prior to digging
(DigAlert).
12-54
RaLdik U
ed ..awk Savices, Int,
DBA RED HAWK FENCE
262 East First Street - Perris, CA 92570
Laborers Local 1184 Phone: 877-657-6400 - Fax: 951-657-6442 Certified SBE 2014810
RED HAWK SERVICES, INC. IS A SOUTHERN CALIFORNIA BASED FENCING COMPANY.
THE VISION FOR RED HAWK FENCE IS SIMPLE.
DELIVER QUALITY RESULTS AND UNMATCHED EXPERTISE
OUR UNIQUE CAPABILITIES BRING SATISFACTION TO EACH AND EVERY CUSTOMER.
Objective: Red Hawk Fence continually strives to provide the preferred fencing contractor standards we
maintain for many of the Local Utilities, Municipalities, School District and Construction Projects we service
throughout the Southern California Regions. The highest quality standards apply to every aspect of our
workmanship.
Summary: Red Hawk Fence has the experience it needs to handle the most challenging projects; we
approach each project with a cooperative mindset, working with owners, architects, and contractors toward the
common goal — "successful project delivery".
Red Hawk Fence has successfully executed projects of every size with diverse degrees of complexity for clients
in various market segments including Commercial, Industrial, Residential, School Districts, Local Utilities,
Municipalities, Military and Caltrans. We are earning an excellent reputation and a loyal customer base by
consistently delivering projects on time. on budget, with a commitment to quality in every aspect of the project.
Education: Red Hawk Fence is licensed, bonded & Insured as an A, B, C-13, and C-61/1328 contractor. We
are a family run business. Red Hawk Fence is highly dedicated to "safety on the job" and has implemented a
safety incentive program, with 3`d party inspectors, allowing us to maintain the highest safety standards. We
bring several decades of experience to our endeavors with a commitment to our customers to provide superior
service and competitive pricing. Red Hawk Fence is also member of L1UNA Local 11.84 and certified SBE.
Professional Experience: Raising the bar; with nearly 30 years average fencing experience with each key
employee. Red Hawk Fence has earned a good reputation since we first opened our doors. With a tradition of
hard -work, and superior craftsmanship, Red Hawk Fence has the know-how that only comes from years of
hands-on construction experience_ This experience applies to the small project from residential and local
communities, hundred -thousand -dollar projects that attract attention, and for projects that fall in between.
We are proud of our experience, accomplishments, and the high -quality workmanship.
12-55
CONTRACTORS'
d=a STATE LICENSE ROAM
ACTIVE LICENSE
..1050794 -�cORP
o.m. — RED HAWK SERVICES INC DBA
FLED HAWK FENCE
a. -. lA B G13 C611D28
kn
0212812025 www.cshca.gov
12-56
STANDARD OPERATING
PROCEDURES
Owner: City of Newport Beach
City Hall, Second Floor, Bay D
100 Civic Center Drive
Newport Beach, CA 92660
Contractor: Red Hawk Fence
262 E 1st St.
Perris, CA 92570
Phone: (877) 960-2717
Project: On- Call Fencing Maintenance and Repair Services
Procedures;
1. Contact info- list of Project Managers / Estimators
2. Request a proposal
3. Approve material's submittal
4. Fabrication/ lead time
5. Schedule project
6. Installation
7. Completion/ Final Punch list
S.O.P, prepared by:
Ricardo Gutierrez
Red Hawk Fence
Cell: (951)-503-8325
E-mail: Ricky(RRedhawkservices.us
Page 12
12-58
Contact info- list of Project managers to reach to
Below i have the info for 3 estimators/ project managers.
In case of emergencies please contact the owner.
Primary Project Manager/ estimator:
Red Hawk Fence
Ricardo Gutierrez
Estimator / Project Manager
Office: (951)657-64001 Email: Rick)-(; redhawksen:4 s. •
Cell: (951)503-8325 1 .Pax: (951)657-6442
Address: 262 E. 1st Street, Perris, CA 92570
Other Project Managers/ estimators:
Red Hawk Fence
Jacob R- Moore
Office.- (951)657-64001 Email: Gacob(a?kedniser temus
Cc11: (909)272-09451 Fax; (951)657-6442
tlddress: 262 E. 1 st Street, Perris, CA 92570
Red Hawk Fence
Jarold T. SmoUen
Project Manager / Estimator
Automated Gates and Access Control and Fencing Division
CAG01 (Certified Automatic Gate Cluerator lrr.siAlter, 6EA. IDFA)
CLSB 1050794 DIR 1000405318
Office: 1-877-960-2717 1 Email: jaroIdCo,,redhawhscrvices.us
Cell: (951) 772-2321i P Pax: '95 57- 4 ?
Address: 262 E. 1st Street, Perris, CA 92570
Red Hawk Fenc
Office: 1-877-960-2717 1 Email: KotLQrcdhawkscrchc.cs.us
Cell: (931) 712-2721 1 Fax: (951) 65 7 -6442
Address: 262 G. 1st Street, Perris, CA 92570
Lic # 1050794
Page 13
12-59
Request a proposal
Once you reach out to our estimators we will gladly meet you on site to walk the job
presented.
Once we calculate the material, equipment, and labor necessary to complete your project
we will send out a proposal for your approval. (example attached below).
-7
Certifications & Crafts:
fi105078
SSho 1L4cal1
D RIOlicense
D1R k10000403J18
Gaian Shap_I.xa11184
Full Workers Comp.
ir'>
& Liability lrssi — ,
Estimator. Ricardo (Riclg)
Insured &Beaded
mL HAWK n (' '
rur ® HAWK ��iCIE
celGutl:
Cell: (4S1) S4t43:5
Toll FreeL877-960--!717 ME. Ilk Sirter.Perrit,CA92570
WrkyrS-redhawkserrices.us
PROPOSAL FORC4Of\ewpartBrach- Hand Rail atbalboa DATE:3117123
Pier Attn: Ran Hahn
Phone: 949-719-3461
Address I Balboa Pier, Newport Beach, CA 92661 E-mail: RHahn`tdnenporlbeacbca.gor
FORK INCLUDED: Red 1hn•1• Services Inc (DBA Red Rant Fence) shall provide the construcrion services iaciudiog the labor, nwrtb1s, and equipmeal,
necessnyto complese the f0ao%ing Wept of"rk for die above referenced project for the price indicated (ue excimsioat btlosr).
SCOPE OF WORK: Install a new 24' loog Wad raA. NIatCb Owner's existing band rail,
• Flange plate hand rail into existing curb
• 4" = 4" R313ge plates
• 318" concrete Screw anchors
• 2-318" x sch.40 x pipe
• Bat dipped Galvanized finish
TOTAL COST: S5,854.68
Bid per pn 1111bg Rage Mrs
CLUMICAT=-SWOMS:
-Propmal it fan (1) mobdi=ms demobdc atioar to hom job sire oa1p. Amy addsriaoalmobiliratians'dramobdizatioss aillressdt iu addi¢mal ebars
-Fe�•e line>o bef a•dclrar mmiwvm [0'frmaba4 Was eldae Edon lnv.
. Any additiwxt aaiffig ar amide®regtssrsdmlf beat -AA-1 eou
TIME MANE:
- LM M.W. 1.2 Veda.
• Sabumdd Co p'.etim of rcrld We&. (1) mv&nl dr31•1 Crew ( srmAible, rdmtimal c cm be mobihmq
REFERV�CM
-Bidperpmidasg aage inn
-BAMjob m2 ash aver
TE1tlI9: Propo W n gaesd far ■ period efl6 d+]s 8am dau isvxd ?Loerials ea 6e delismd rojab du a *ardor Red Efaak Seaun hnlay.1?ropns pa}mnm drroa�ora
dura¢on of projrct {a4ea applicably). BaLsace of r®aace due sspoy emglrnom a[pbated nsxk: met 30 dayr is NIIsgew mript of final imrice (Ins anymeartmJ.
E=LUSTONS: CAD aeldwg.cdUf'td aeuic& rk m1.cmVKtimaf wdl ,conrWe assbout. care dritaig. rebn cages. de Brien. dug cw"I rugiseerin8. Fare lacks
Kane bnsesi;eys, Eate •pdr•tare. gaea e]e>.art. ssayl ea•ti�sg, padm8. prmmdmg.eketrini ckaing F+ebbig• brPeenm suite% maw nib. ttaf repair. pmnrti smsita
amices. rra•eeaa'ag acph.h cmeete. *image. sin fawt, spoils remmnl. amm}m{, evgiexeeior. BuyA:aeric• An te4tdreIDmrs. Buy Amrncan reytdret ts. SVIM.
te.pawyfcrieing-er15r eaeuraLnn teimmwe. snadsrreea"Pairs to damagedamdaparsed 1>-m in aayeapvxey(DrS Aka 811i. a trwtxrupphMbyOGrnsrsmct-
Aurharrrsadle&orb nil m-4 tw'rradlF taeimaan cendmaar arch areareranrorW,poor•5yfmd ronhnoa; orpwrmilbrmrn3 rapanrJ, rnrfrra}trgbaranr Rmned ro
lacESmoarer, back hw, arm�gndeara! rp1.r dafnrqand aynvrs► rhorgul, tmtaar[r= P1+'% drhsrrp end r+uraflanaal a d,aammrs. For car* drrLSrrg ®d armr�y
haaawarg theprorhavteall a15r:6 aR row hrndrrdlfssa+rha anbroan Mar nfrrmM2 rhrdrgh rrEnr, rodnarwmdltau, mrdahrrarrraJr.
SIGNATME OF ACCEPTANCE
Submitted by Red Hank Services Inc
(eka+e anon ane siped cap-af Isis proposal)
Estimator.
a
Ricardo (Risky) Gutierrez
SiFata. Dt,
Cell: (951)503-8325
Email: RiCkyri<d1Wwt5Clt1CC5-tu
3failiag Addms cowttphmea
Red Hank Senicrs Iuc 1 2112 E. le. Street, perm% CA 0257a 1 Ph: t-877-960-2717
Page 14
12-60
Approve material's submittal
To guarantee you receive what you want we will create a submittal package specking out
every item on the job. ( please see example below)
Submittal includes: CAD drawings of what you want, specifications of material, material
certifications, and concrete mix design, etc....
Once everything looks good to the owner and submittals have been approved we can
move forward with fabrication.
LAYOUT:
North Hollywood Central Treatment: site Layout
rxN —101
rd iF)10E 6FCiG11 N/C1M
,0H acy� l.CIO-- •.:r iCY4L IR.f:°U: IWC�AY
77
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Aa i
R K ;tloore br tlx.ct
i
rr_
r g
i
L — — — — — --�
is ° E°.Ci 9iGEierta,urc:1 J;
4:?�TK .A'E 1of{',r
IN FFNCf M(TO, MK? -
,—__ aE:•ff!,Gf o.r,:a MwCroi A&gJGTxK WE TQ"
G.u.1M,M
tlF,AR ,A-.,�r81
�1f �9R7-u�
Page 16
Page 15
12-61
FENCE TYPE:
Maximum Security Fence Detail: Forte Flat Panel
a 54
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2.112. TOP r
7f7B•
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G/IVYQW APP+OM9F>r
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+
4
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CA1 ClA ATKIIIS
+ 60,0ec washers )fIC7W4"
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G[ ; Au 1
Netw6en xsh and eeR
rapping suews to povide
carros�on
FENC.F OK GATE $FCTIOFI
tB Sdc MTS
SKO_ ONS
reslSceodorak
pETAIL 2
POST 3+S
As7Y Aij00
Mg
To ME 12MM 1 .49
ASTY A-500
POST 1MG COATING 0.9+T/fI
ASTY A-613 TABLE 1
E090-Z275)
LO $ N +7 137.25
PLASTIC VNACION
POST LAP FOR 3'.S' POST
POLYPROMENE
POBVOI COATNG TMCNNE� tOO MCRONs.—
-
7tEpH1Mk 5tK"E tTr
Page, 8
_ -- ForrtE FUf PANEL SPECIFIGITIOHS
SPECiFfGTION
TOLERANCE
SPECIFICATTgK
i HORIZONTAL WIRE DIAMETER
8.114 l.65mm,
Yp.p018 YO.DSInm.
ASTY A-5!p
'—'vERfMx wIAE OwIETER
6.t�t' 7.65mn,,
30-wig 30.OSiTun.
A57M A-Sf0
TENSILE STREwLM
80 kp
ZINC COATV/IG
O-S2 Oi/rT
A$TY R-84f
FOwbER LOATVkVG TMlC1(NE55
C/C FREE FREE
7Op kYCRCNS
ASTiI p-7Olat
12-62
CONCRETE MIX DESIGN:
Concrete Mir Design 42191A
ROBERTSON'S
ROCK " SAND' BASE MATERIALS
READY MIX CONCRETE
[kale
50"023
xrF^ Ir
Concrete W beawn
4211
Project
Sari Fernando Water Rertledlatlon • 12895 Sheldon St. ^ Sur?
Valley
Canitactor.
Red hawk F X0
Descriplon
KW pp 1"M **h avf
Strengthffc)
'W4 pat
W/Cratio
06i
Stump:
4 "
Sack Content:
5.20 sk
Max. Size ofAgg f
Gatlsk._
6.92
Pump Type
Boom pump
Un Wt .
146.4
ALL CONCRETE IS AV= AND OEUVEM 1N ACCORDANCE WITH AS TV C-94
AgMate W ,'
s are S51); iUpahxe in A
s Must be Considered When Def,-~g TOW Aau Water
AfIX
3!
Contents:
Patch Wf.
%used Sp. Gr.
Volume
416
85 3.15
212
Cement tASTMC-150)
Fly Ash-Ctass F (AS TM C-618)
73
15 2.33
0.50
Send
1415
45 2.62
a
1-112'x314'
0
0 2.67
000
1•x#4
f272
40 2.65
770
318' x #8
477
15 265
289
Water
36.0 gal
2999
481
Entrapped Atr
125 %
0.34
I
A? =
3954
Vol =
27.00
ADMIXTURES:
£aeon RS is optional and mus
Eucon WR 91
(AS TM C-494) o .rw
14 7 0r
JNote
be requested as needed wfien
" Opdonal,Eacon AS for 2-4 hours "
pixtngorders for caxaete,
i
I
Remark: TM
engineer should review this
mis to
ansun compliance
to the project speeWkwions
I
sire
%
2' 1 10' 1' .3,4'
1i1" "' No 4
NO 8 No 16 No 30
_
No 50 No 100A10 2�
11,7.
0
too
95
33
7
3
1
0
0
0
0
0
0
0
1
40
100
100
95
7
3
1
f
0
1 0
00
0
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15
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too
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too
too
to
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1
1
0
0
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MIS
45
100
too
100
f00
1
i
t
6
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100
100
100
98
88
75
64
47
36
`. 27
18
0
3
1
Sand Sowce
�e�esslxon'a lJ;=l
Rork Source
csmeetAS fMC-33
Cermr#
PoNand Cement Type 1W
F Ash _
C1a5s F
fVo rt 005-[tW exr war
Page 173
Page 17
v V rsnz low wrvna. i.A veplo
rax (7-7,l Lo/ +4[y
12-63
Fabrication/ lead time
- Fabrication takes place soon after the approved submittals.
- We will order materials, provide trill certifications if required
- Depending on the customization of required work leads times vary from 2-3 days ( chain
link gates) to 6-8 weeks for stuff suppliers don't have in stock (custom wrought iron
panels and gates)
- We have a full service welding shop with high quality welders/ fabricators that have over
39 years of experience
- We can supply prime and painted, powder coated, hot dipped galvanized finishes on
material
- Unless otherwise specified we always use pre galvanized tubing and pipe for long lasting
anti -corrosion products.
Page 18
12-64
Scheduled project
- Once we have figured out the lead time on material and fabrication we will be able to provide a schedule as shown below.
AcIlvityCoft Ue Dw*ftn Plan Start Plan Finish Actual Start Actual Finish
FALYkJh: 6 OA723f24 091 W4
in5tm I5� npeung Pa 4s 4 09,0212A 09q"
f09TAg705tH11 S3)pS dam wb3tloxS 4 OWM2A OWI W4
irtsE M 131 V-d* 5—g 04e 5 09MM4 W19i2A
Page � 9
12-65
Installation
- We will mobilize as scheduled time.
- (1) hour of safety meeting is included per project if any is required
- Pre -construction job walk will take place with the foreman, project manager, and owner
on the first day of installation.
- We have skilled and trained work force that graduated from the laborers union
- Apprentices from laborer unions on all 4 man crews
- We can also provide certified payroll on all our projects if required
- Full PPE for all fencers and project managers when walking the site.
- We can provide temp fence when required
Completion/ Final Punch list
On the last day we will walk the job site and make sure to fix any concern the owner
might have. Post -construction job walk will take place to provide full customer
satisfaction.
EXHIBIT B
SCHEDULE OF BILLING RATES
Red Hawk Services, Inc. Page B-1 12-67
Exhibit B - COST FILE
Section 1: Billing Rates
Important Note: Rates are inclusive of all costs including, but not limited to labor,
travel, supplies, equipment, materials, and disposal in the performance of the
prescribed tasks.
CHAIN LINK FENCE
Chain link shall be 9 gauge, 2 114" mesh size
ITEM
Unit
Cost per
Cost per
Cost per
Cost per
NO.
DESCRIPTION
Measure
re
Unit
Unit
Unit
Unit
1-10 LF
11-50LF
51-10011-F
100+LF
1
Remove and install 4'
high chain link fence
LF
$157 . 61
$57. 47
$40. 89
$31.53
2
Remove and install 6'
LF
$158.54
$ 61. 31
$44.32
$34.19
high chain link fence
3
Remove and instals 8'
high chain link fence
LF
$191. 87
$112 , 21
$63. 48
$59.84
4
Provide and install 4'
LF
..high chain link fence
$150.02
$57.00
$40.19
$31.19
5
Provide and install 6'
LF
high chain link fence
$153.99
$59. 66
$42.37
$32.80
6
Provide and install 8'
LF
NO chain link fence
$181. 67
1 $110 .24
$62.70
$59. 03
CHAIN LINK POSTS
Removal
ITEM
Unit of
Cost
Cost per
Cost per
Cost per
DESCRIPTION
per Unit
Unit
Unit
Unit
NO
Measure
(Each)
2-5 Each
6-10 Each
10+ Each
Removal of line or
7
terminal posts all sizes
Each
$661.36
$176.94
$143.69
$70.60
and location
Line Post Install
ITEM
Unit of
Cost
Cost per
Cost per
Cost per
DESCRIPTION
per Unit
Unit
Unit
Unit
NO.
Measure
Each
2.5 Each
6-10 Each
10+ Each
8
1 5/8" diameter x 4' high
Each
in concrete/pavement
$717.41
$208.39
$189.70
$161.46
9
1 5/8" diameter x 4' high
Each
$701.97
$197.95
$184. 59
$151. 61
in soil
10
1 5/8" diameter x 6' high
Each
in concrete/pavement
$729.11
$212.48
$194.03
$167.16
11
1 5/8" diameter x 6' high
Each
$705. 41
$204. 64
$192.25
$156. 59
in soil
F12
1 518" diameter x 8' high
Each
in concrete! avement
$ 735.56
$223.03
$205.49
$17E.85
12-68
COST FILE
Dine Post Install (cont.)
ITEM
Unit of
Cost
Cost per
Cost per
Cost per
NO
DESCRIPTION
Measure
per Unit
Unit
Unit
Unit
Each
2-5 Each
6-40 Each
10+ Each
1 5/8" diameter x 8' high
13
in soil
Each
$719.56
$218.04
5203.17
s1b9.03
14 1 7/8" diameter x 4' high
Each
$722. 87
$213.85
$195.16
$166. 92
in concretel avement
15
1 718" diameter x 4' high
Each
in soil
$707.43
$203.41
$190.05
$157.07
16
1 7/8" diameter x 6' high
Each
in concretel avement
$729.57
$217.94
$199.49
172.62
1 7/8" diameter x 6' high
17
in soil
Each
$710,87
$210.10
$197.71
$162.05
18
1 7/8" diameter x 8' high
Each
in concrete! avement
$741,02
$226.49
$210.95
$184.31
19
1 7/8" diameter 8' high
Each
in saii
$725.02
$223,50
$208.63
$164.49
2 3/8" diameter x 4' high
26
Each
in concrete! avement
$730.42
$221.40
$202.71
$174.47
21
2 3/8" diameter x 4' high
Each
$714. 98
$210. 96
$197.60
$164. 62
in nail
22
2 3/8" diameter x 6' high
_
Each
in concrete/pavement
$737.12
$225.49
$207.04
$180.17
23
2 3/8" diameter x 6' high
Each
$718.42
S217.65
$205.26
$169.60
in sail
.
2 3/8" diameter x 8' high
_.._...
24
in concrete/pavement
Each
$748.57
$236.04
$218.50
$191.86
25
2 3/8" diameter x 8' high
Each
$732.57
$231.05
$ 216.18
$172.17
in soil
26
2 7!8" diameter x 4' high
Each
in concrete/pavement
$744.57
$235.55
$216.86
$188.62
27 2 7/8" diameter x 4' high
Each
Iin sail
$729.13
$225.11
$211.75
$178.77
2 7J8" diameter x 6' high
28
Each
in concrete/pavement
$751.27
$239. 64
$221.19
$194.32
29 2 7J8" diameter x 6' high
Each
in soil
$732.57
$231.80
$215.41
$183.75
30
2 7/8" diameter x 8' high
Each$732.57
$231. BO
$219.41
$183.75
in concretef avement
31 2 718" diameter x 8' high
Each
in soil
5746.72
$245.20
$231.01
5186.32
- Terminal
Post Install
Cost
Cast per
Cost per
Cost per
ITEM
DESCRIPTION
Unit of
per Unity
Unit
Unit
Unit
NO.
Measure
jEach
� act
(3-4 Each
4+ Each
32 2 3/8" diameter x 4' high
Each
in concrete/pavement
$733.25
$392.18
', $277.18
$250.85
12-69
COST FILE
Terminal Post Install
ITEM
Unit of
Cast
Cost per
Cost per
Cost per
NO
DESCRIPTION
Measure
per Unit
Unit
Unit
Unit
_ _
Each
2 Each
3-4 Each
4* Each
3!8" dlamEter X 'high
33
In soil
Each
$713.25
$376.18
$264.52
$241, 52
34
2 3/8" diameter x 6 high
Each
in concrete/pavement
$748.36
$407.29
$292.18
$265.96
2 3/8" diameter x 6' high
36
in soil
Each
s728.36
$351.29
$279, 63
$256. 63
2 3/8" diameter x 8' high
36
in Concrete! avement
Each
$158.15
$417.08
$301.97
$275.75
37
2 3/8" diameter x 8' high
Each
$738. 15
$401.08
$289. 42
$266.42
in soil
38
2 7/8" diameter x 4' high
Each
in concrete'pavement
$744.77
$403.70
$288.70
$262.37
39
2 7/8" diameter x 4' high
Each
$724.77
$387.70
$276.04
$253.04
in soil
40
2 7/8" diameter x 6 high
Each
-
in concrete/�yement
~'
S759.88
$418.81
S303.70
$277.48
2 7/8" diameter X 6' high
_
�aCh
$739.88
$402 .81
$291. 15
$268.15
in soil
2 718" diameter x 8' high
42
Each
In concrete) avement
$769.67a
$428.60
$313.49
$287,27
43
2 718" diameter x 8' high
Each
$749. 67, $412.60
$300. 94
$277. 94
in soil
Minimum specifications unless otherwise noted on approved permit/plans when
applicable:
• Concrete for fence posts shall have a minimum compression strength of 4, 006 psi.
• Fence post footings to be a minimum of 3 times the post diameter.
Fence post footings to be a minimum of 24" deep for 4' and 6' high posts and 36" deep for
8' high posts.
12- 70
COST FILE
MISCELLANEOUS TASKS
ITEM
Unit of
Cost per
Cost per
Cost per
Cost per
NO
DESCRIPTION
Measure
Unit
Unit
Unit
Unit
1-10LF
11-50LF
51-100LF
100+Li+
44
Re -stretch chain link
LF
$131.43
$23.00
$15.94
$13.04
fabric
45
Remove and replace top
LF
rail
$155.66
$24.90
$17.95
$10.21
46
Remove and replace
LF
bottom tension Wire
$111.37
$19.03
$10.80
$7.96
47
Privacy Fencing - Slats
LF
$141.01
$28.88
$24.53
$22.22
48
Privacy Fencing - Vinyl
LF
$295.64
$49.60
$25.70
$17.49
Sheeting
Re -Stretch 3/8" Tension
49
cable
LF
$131.62
$19.68
$14.79
$8.86
��
Remove and install 318"
LF
Tension cable
$137.12
$25.20
$20.31
$14.38
Re -Stretch 3116"
51
Tension cable
LF
$131.62
$19.68
$14.79
$8.86
52
Remove and install 3/16
LF
Tension cable
$134.87
$22.70
$18.06
$12.13
Remove and Install Gate
53
Chain link fabric shall be
LF
$330.01
$47.14
$22.00
$16.50
9 gauge - 2 1/4" mesh
size
Reghtal Chain Link 6 foot
54
LF
$239.13
$39.99
$28.49
$17,83
55
Privacy Fencing - Fabric
LF
$69.68
$31.37
$18.33
$14.76
12-71
COST FILE
After Hours means Monday - Friday 5:00 pm • 7:00 am, Weekends and Holidays.
• All rates subject to comply with Prevailing Wage requirements and subject to Department
of Industriai Relations (DIR) payroll submission.
• Rates are inclusive of materials. Any reimbursements for unanticipated and pre -approved
costs will require a receipt with a maximum 15% markup allowable.
Section 2: HOURLY LABOR RATES
Minimum Call Out: 4 Minimum Hours
Rate Type
Hourly Labor Rate
Welding - Regular Rate
150.00
Welding - Overtime Rate (Monday - Friday 5:00
pm - 7:00 am, Weekends and Holidays)
180.00
Foreman - Regular Rate
147.79
Foreman - Overtime Rate (Monday - Friday
5:00 pm • 7.00 am, Weekends and Holidays)
178.28
Journeyman - Regular Rate
139.93
Journeyman - Overtime Rate (Monday - Friday
5:00 pm • 7:00 am, Weekends and Holidays)
168.28
Laborer - Regular Rate
139.93
Laborer - Overtime Rate (Monday - Friday 5:00
pm - 7:00 am, Weekends and Holidays)
168.28
Parts and Materials Markup % (Maximum 15%)
Total % Markup: 10 %
CPI ADJUSTMENT: Billing rates may be given up to a 2% annual CPI increase upon the
first anniversary of the contract and each anniversary thereafter as stated in the body of
the Agreement.
12-72
hL
DBA Red Hj k Fence
262 E 1, StwL Perris. C3 92570 (9S 1) W-6400 * Fax (951) 6S7.6442
Laborer% Local 1184 CA, Lic. *i05U794 DIR *100040S318
December 11, 2024
City of Newport Beach
100 Civic Dr.
Newport Beach, CA 92660
RE: Bid RFP 24-82
To Whom It May Concert:
I lowered the cost under "ether costs on the COST FILE" document to a $647.00
Mobilization charge each day.
Thank you,
Z �'.
Scott Moore
President
12-73
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCEIREPAIRMANITORIAL SERVICES
Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
Red Hawk Services, Inc. Page C-1 12-74
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. PrimaW and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
Red Hawk Services, Inc. Page C-2 12-75
reduced, Contractor shall, within ten (10) days after receipt of written notice
-of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty'(60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor sh'ail require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Red Hawk Services, Inc. Page C-3 12-76
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Red Hawk Services, Inc. Page C-A 12-77
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to RED
HAWK SERVICES, INC., hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services consisting of on -call fencing maintenance, repair,
replacement and installation services, in the City of Newport Beach, in strict conformity
with the Agreement on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 001100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Red Hawk Services, Inc. Page D-1 12-78
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORAM:
CITY ATTORNEY'S OFFICE
Date:
0
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Red Hawk Services, Inc. Page D-2
12- 79
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of } ss.
On , 20 before me, ,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of _ } ss.
On 20 before me, ,
Notary Public, personally appeared ,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that helshelthey executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Red Hawk Services, Inc. Page D-3 12-80
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to RED
HAWK SERVICES, INC., hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services consisting of on -call fencing maintenance, repair,
replacement and installation services in the City of Newport Beach, in strict conformity
with the Agreement on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound I unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Red Hawk Services, Inc. Page E-1
12-81
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be ,performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal) Authorized Signature/Title
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
0
Aaron C. Harp
City Attorney
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Red Hawk Services, Inc.
Page E-2
12-82
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Iss.
On , 20 before me, ,
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of _ } ss.
On , 20 before me, ,
Notary Public, personally appeared ,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Red Hawk Services, Inc. Page E-3 12-83