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HomeMy WebLinkAboutContracts & Agreements_33-2025NPs.2.2 (2/22) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of supplying and installation of metal security fencing for the water facilities ("Agreement") is made and entered in this 18'h day of February 2025 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and EverFence Corporation ("Contractor"), a Delaware corporation. City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: ARTICLE 1—ENGAGEMENT OF CONTRACTOR 1.1 City hereby engages Contractor to perform supplying and installation of metal security fencing for the water facilities services for City (the "Services"). The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference. 1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services. ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373. 2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6. 2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813. 2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. IAcmo\Agreements\EverFence_ FY25-0021.docJm NPS-2.2 (2/22) 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section IS10. 2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. 2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or tinder the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services. 3.2 City designates John R. Harris, Municipal Utilities and Engineering Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 The Services shall commence as of the Effective Date of this Agreement. Contractor shall perform and complete the Services in a prompt and diligent manner. 4.2 Contractor shall complete the Services by June 30, 2026, unless the Services are earlier terminated as permitted herein. 4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B," which is attached hereto and incorporated herein by this reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5.1 Compensation: Total compensation for Contractor's performance of the Services shall be in the amount of two million two hundred thirty-nine thousand nine hundred eighteen dollars and eighty-five cents ($2,239,918.85). City shall pay Contractor in accordance with Exhibit "C" titled "Price and Fee Bid," which is attached hereto and incorporated herein by reference. 5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent 2 t\cmo\Agreements\EverFence_FY25-0021.doc-jm NPS-2.2 (2/22) and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: CITY City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909)798-7531 CONTRACTOR Matthew Sivewright, CEO EverFence Corporation 204 W. Carleton Ave„ Suite A Orange, CA 92867 matts@everfence.com (949)292-2993 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self -insured or exempt from the workers' compensation laws of the State of California. Contractor shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Iicmo\Agreements\EverFence_FY25-002 Ldoc-jm NPS-2.2 (2122) C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. 4 1Acmo\Agreements\EverFenCe_FY25.0021.doe-jm NPS-2.2 (2/22) ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation. 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor. 8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any 1:\cmo\Agreemen1s\EvcrFence_FY25-0021.doc-jm NPS-2.2 (2l22) amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement. CITY OF REDLANDS Mario Saucedo, Mayor ATTEST: nne Donaldson, City Clerk I:Icmo\Agreemems\EverFence FY25-002Ldoc jm EVERFENCE CO ORATION By: Matth Sivewright, CEO NPS-2.2 (2/22) EXHIBIT "A" SCOPE OF SERVICES A. The Contractor shall make all measurements and determine all quantities and amounts of work done under the Contract and in accordance with the bid schedule. At the time measurements are made for quantity determinations, the City's representative shall be present to verify such measurements. B. No measurement and payment will be made for: 1. Work performed or materials placed outside the lines indicated in construction plans or outside the scope of work as established by the City, the construction plans, and the bid documents; 2. Materials wasted, used, or disposed of in a manner not called for under the Contract; 3. Rejected materials including material rejected after it has been placed if the rejection is due to the Contractor's failure to comply with the provisions of the Contract; 4. Hauling and disposing of rejected materials (as referenced in item 3 above); 5. Materials on hand after completion of the work; 6. Materials, labor, appurtenances, and other items incidental to the work and required to complete the work and render it operational; 7. Incidental repair of disturbed landscaping, backfill around concrete, and sprinkler repair associated with concrete construction; 8. Any other work or material when payment is contrary to any provision of the contract; 9. Any work not included on the bid schedule unless approved through the change order process. 7 19cmo\Agreements\EverFence_F Y25-002 t. doc-j m NPS-2.2 (2122) EXECUTED IN DUPLICATE Bond No. GM246555 EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City of Redlands, State of California, and EverFence Corporation (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to supplying and installation of metal security fencing for the water faciiities(the "Work"), which said agreement, dated February 18, 2025, and titled as "Agreement to Perform Non -Professional Services for Improvement to Public Builds and Grounds" is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of two million two hundred thirty-nine thousand nine hundred seventeen dollars and seventy-five cents ($2,239,917.75) for materials fumished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on February 18th , 2025. (SEAL) (SEAL) Great Midwest Insurance Company EverFence Corporation (Surety) BY: f= C r . i ,. (Signature) (Signature) Sean cCauley, Jr., rney-in-Fact Address: 800 Gessner Rd, Suite 600 Houston TX 77024 (Seal & Notarial Acknowledgment of Surety) LlcmolAgreementMverFence_FY25- 0021. doc j m Telephone(713) 935-0226 NOTARY ACKNOWLEDGEMENT State of Texas County of Dallas On this the day of 70—ftK P&H , 20 2S before me, Ashlyn Simchik (name of notary), personally appeared SIFAQ N COIIAa,� known to me (or satisfactorily proven) to be the person(s) whose name(s) is (is or are) subscribed to the within instrument and acknowledged that �& (he/she/they) executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand. Date: 1 /lb1'Lo Z5 Av&e�' ShOCAA;V-- I U Notary Public Print Name: Ashlyn Simchik Notary ID:13433618-2 My Commission Expires: June 5, 2027 ���4RYPU6Uc AS7SIMCHISKIKNOICSTASMY CO/05/27NOTAR18-2s�ala+�,.... POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal off i in Houston, TX, does hereby constitute and appoint: Sean McCauley, Jr., Sam Duckett, Bridget Truxilio, Sarah Timmons, Ashlyn Simchik, Jarrod Yost, Liam Hackett, Thomas Guercio its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or oth writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT M INSURANCE COMPANY, on the V day of October, 2018 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company ier person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or oth tings obligatory in nature of a bond not to exceed Twenty -Five Million dollars ($25,000,000.00), which the Company might execute through i ly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as bindir on the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, pointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such or or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its rate Seal to be affixed this 11th day of February, 2021. GREAT MIDWEST INSURANCE COMPANY BY N" 11 Mark W. Haushill President ACKNOWLEDGEMENT On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and ry that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; at he executed said instrument on behalf of the corporation by authority of his office udder the By-laws of said corporation. CHRISTINA SMHOP Notary Public, State of Texas Comm, Expltes 04.14-2A26 °'y s Notary ID 131D90488 CERTIFICATE BY Christina Bishop Notary Public I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that e original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions set forth are now in force. and Sealed at Houston, TX this 18th Day of February 2025 BY Leslie K. Shaunty Secretary NING: Any person who Knowingly and with intent to defraud any insurance company or other person, files and application for insurance of clai ining any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits ilent insurance act, which is a crime and subjects such person to criminal and civil penalties. No. 5780-2 STATE OF CAL11FO"1A DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Great Midwest Insurance Company of Texas, organized under the laws of Texas, subject to its articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subjectto all provisions ofthis Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, and Aircraft as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as ofthe 4'day ofAugust, 2015, 1 have hereunto set my hand and caused my off cial seal to be affixed this 4"' day of August, 2015. Dave Jones Insurance Commissioner By Valerie Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revolting this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. NPS-2,2 (2122) EXHIBIT "C" Price and Fee Bid Item No. I Bid Item Quantity Unit EverFence Corporation Unit Price Item Price BASE BID I Bonding LS 1 S 47.764.00 $ 47,764.00 2 Traffic Control & Pen -nits LS 1 $ 6.000,00 $ 6.000.00 3 HL\CKLEYWATERTREATIMIENTPLANT 3a Remove & Dispose - Chain Link Fencing LF 2,750 $ 9.90 S 27.225.00 3b Remove & Dispose - Double Swing Gates EA 2 $ 981,00 $ 1,962.00 3c Remove & Dispose - Sliding Crate EA 1 $ 1,962.00 S 1,962.00 3d Remove & Dispose - Single Swing Cates EA 1 $ 981,00 $ 981.00 3e Install - Security Fencing LF 2.750 $ 198.26 $ 545.215.00 3f Install - Double Swing Security Gates EA 2 $ 11,342.00 $ 22,684.00 3g Install - Sliding Security Gates EA 1 $ 29,855.10 $ 29.855.10 3h Install - Single Swing Security Gates EA 1 1 $ 5,357.35 $ 5.357.35 4 TATE W.kTER. TREATMENT PLANT 4a Remove & Dispose -Chain Link Fencing LF 1.050 $ 14.42 $ 15,141.00 4b Remove & Dispose - Double Swing Gates EA I $ 2.507.00 $ 2507,00 4c Remove & Dispose -Damaged Security Fence Panels EA 15 $ 298.00 $ 4,470.00 4d Install - Security Fencing LF 1.050 1 $ 212.00 $ 222,600.00 4e Install - Double Swine Security Cates EA 1 S 11.975.83 $ 11,975.83 4 Install - Single Swing Security Cates EA 1 $ 5.316.45 $ 3-316.45 4h Install - Security Fence Panels FA 15 $ 1,431.00 $ 2L465.00 4i Su - Spare Security Fencing Panels EA 2 S 312.00 $ 624,00 4' Su ppIv - Spare Metal Posts EA 4 $ 126.00 $ 504,00 5 HIGHLA_\D AVEVLE WATER COMPLEN (HAWC) 5a Remove & Dispose -Chain Link Fencing LF 990 1 $ 19.06 S 17,879.40 5b Remove & Dispose - Double Swing Gates EA 3 S L853,00 $ 5,559.00 5c Remove & Dis puse - Rolling Cate EA 1 $ 2,507,00 $ 2.507.00 5d Install - Security Fencing LF 990 $ 206.95 $ 204.88050 5e Install - Double Swing Security Gates EA 2 $ 10 69508 $ 21,390.16 5g Install - Rolling Security Gate EA 1 $ 25-976,60 S 25.876.60 6 TEXAS STREETRESERVOIR 6a Remove & Dispose - Chain Link Fencing LF 1,650 1 $ 10,97 $ 18,100.50 6b Remove & Dispose - Double Swing Gates FA 1 $ 1,962.00 $ L962.00 6c Remove & Dis pose - Rolling Gate FA 1 $ 1,962.00 $ 1-962.00 6d Install - Security Fencing LF 1,650 $ 204.69 $ 337,738.50 6e Install - Double Swing Security Gates EA 1 $ 10,667.83 $ 10,667,93 6g Install - RollingSecurtvGatz I E4 I S 23.396.07 $ 23.896.07 Total Base Bid Price S 1,646,028.29 ALTERNATE BIDS! 1 LL'GONL1 WELL ALT la Bonding LS 1 $ 1.798.50 $ 1,79850 ALT lc Remove & Dispose -Chain Link Fence LF 60 $ 25.43 $ 1,525.80 ALT Id Remove & Dispose - Chain Link Cate FA 2 $ 1.253.50 $ 2,507.00 ALT le Install -Security Fence LF 140 $ 222.33 S 31.126.20 ALT if Install - Double Swing Securitv Gate EA 2 1 S 9.932.08 $ 19,864.16 MAGLYU WELL ALT If Traffic Control & Permit LS I S 1,635,00 $ 1,635.OD ALT lg Remove & Dispose - Chain Link Fence LF 35 $ 2802 $ 980.70 ALT lh Remove & Dispose - Chain Link Gate _ FA _ _ 1 $ 1.526,00 $ 1,526.D0 ALT li Install -Security Fence LF 132 $ 355.21 $ 46.887.72 ALT l' 1 [B5 tall - Doub le win c uritv Wtg EA 1 2 S 9-741.33 1 $ 19.482.66 Total Alternate Sid#1 Pricel S 127,333.7J I:\emo,Agreements.EverFence_FY25-0021.doc jm NPS-2.2 (2122) Item No. Bid Item Quantity Unit EverFence Corporation Unit Price Item Price ALTERNATE BID #2 AIRPORT 1 WELL ALT 2a Bonding LS 1 $ 1,373.40 $ 1,373.40 ALT 2b Remove & Dispose - Chain Link Fence LF 140 $ 33.48 $ 4,687.20 ALT 2c Remove & Dispose - Double Swing Chain Link Crate EA l S 981.00 $ 981,00 ALT 2d Remove & Dispose - Single Swine Chain Link Gate EA l S 981.00 $ 981,00 ALT 2e I Install - See urit , Fence LF 1 140 S 224.28 S 31,399.20 ALT 2f Install - Double Swine Securitv Cate FA 2 S 9.741.33 $ 19.482.66 AIRPORT 2 WELL ALT 2g Traffic Control & Pemvts LS I S 1._635.00 $ 1,635,00 ALT 2h Renoeve & Dispose - Chain Lint: Fence LF 180 S 16.95 $ 3,051.00 ALT 2i Remove & Dispose - Chain Lint: Crate EA I S 981.00 S 981DO ALT 2' Install - Security Fence LF 180 1 S 227.33 1 $ 40.919.40 ALT 2k lInstall -Double Sivirte Security Gate EA 1 2 1 S T499.46 S 14.993.92 Total Alternate Bid42 Price S 120,489,78 ALTERNATE BID #3 EAST LUGONIA 3 WELL ALT3a Bonding LS 1 $ 2.419.00 S 2.419.00 ALT 3b Remove & Dispose -Chain Link Fence LF 180 $ 19.88 $ 3.578.40 ALT 3c Remove & Dis ose -Chain Link Gate EA 1 $ 1.199.00 $ 1,199.00 ALT 3d Install - Security Fence LF 180 $ 225.51 $ 40591.80 ALT 3e I Install - Double Swine Security Grate EA 1 2 $ 9.741.33 $ 19,482.66 NIGHT WELL ALT 3F Traffic Control & Permits LS 1 $ 1.635.00 $ 1.635.00 ALT 3g Remove & Dispose -Chain Link Fence LF 180 S 19,98 $ 3596.40 ALT 3h Remove & Dispose -Chain Link Cate EA 2 S 1.362.50 $ 2,725.00 ALT 3i Install - Security Fence LF I80 S 217.94 $ 39.229.20 ALT2j Install - Double Swing Security Gnte EA 2 S 9524.00 1 $ 19.048,00 Total Alternate Bid#3 Price S 133,504.46 ALTERNATE BID #4 N. ORANGEWELL 1 ALT 4a lBonding LS I S 2.223.60 $ ? 223.60 ALT 4b Install - Security Fence LF 190 S 221.19 $ 4202610 ALT 4c Install - Double Swine Security Gate EA _' S 9.359.33 $ 18.719.66 N. ORANGEWELL 2 ALT 4d Install - Securi • Fence LF 250 S 223,11 1 $ 55,777.50 ALT 4e Install- Double SWine SeeUriry Gate EA 2 S 9.741,33 S 19.482,66 Total Alternate Bid94 Price I 5 138,228.52 ALTERNATE BID f#5 ORANGE STREET WELL ALT 5a Bonding LS I S ? 125.50 S 2,125.50 ALT 5b Traffic Control & Permits LS 1 $ 1.635.00 $ 1,635.00 ALT 5c Remove & Dispose -Chain Link Fence LF 175 $ 20.55 $ 3.596.25 ALT 5d Remove & Dispose -Double Swing Chain Link Gate EA 1 $ 1.962.00 S 1,96200 ALT 5e lRemove & Dispose - Single Swing Chain Gate EA 1 1 1 $ 981.00 $ 981.00 ALT 5f I Install -Security Fence LF 195 $ 228.47 $ 41,551.65 ALT 5e lInstall - Double Swine Security Crate EA 2 S 9.741.33 $ 14482.66 Total Alternate Bid#5 Price S 74,334.06 Total Base Bid plus Alternate Bid#1 thru#5 Pricel S 2,239,918,85 10 I:Icmo�AgreementslEverFence_FY25-002 Ldoc-jm NPS-2.2 (2/22) EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. CHECK ONE ✓ I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. EVERFENCE CORPORATION 1p®2� By: Date: _ Matthew -Ykwright, CEO 11 I Acmo\Agreements\EverFcn ce_FY25-002 L doc J to