HomeMy WebLinkAboutAGMT - Golden State Constructors, Inc. (Pier Plaza Storage Vault Repairs)RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF SEAL BEACH
Attn: City Clerk
211 - 8th Street
Seal Beach, CA 90740
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk- Recorder
NO FEE
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* ** No Recording Fee Pursuant to Government Code Section 6103, 27383 * * **
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated
below in the property hereinafter described:
2. The full name of the owner is: City of Seal Beach.
3. The address of the owner is: 211 — 8th Street, Seal Beach, CA 90740.
4. The nature of the interest or estate of the owner is In Fee. The City of Seal Beach.
5. A work of improvement on the property hereinafter is described as substantially completed on
April 4, 2014. The work was Pier Plaza Storage Vault Repairs Project. No. BP1401.
6. The name of the contractor(s), if any, for such improvement was: Golden State Constructors,
Inc. The date of the Contract Award was January 27, 2014.
7. The property on which said work of improvement was completed in the City of Seal Beach,
County of Orange, State of California, and is described as follows: Pier Plaza City of Seal
Beach.
Date: y I -I �/
/
Director of Public Works, City of al Beach
Signature of owner or corporate ficer of owner
named in paragraph 2 or agent.
PIS 7ti9[e7e1% if8P1
I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of
completion; have read said notice of completion and know the contents thereof; the same is true
of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on , 2014, at Seal Beach, California.
(Da a of Signature)
Director of ub is orks, City of al Beach
1�p
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AGREEMENT FOR
PIER PLAZA STORAGE VAULT REPAIRS
PROJECT NO. BP1401
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
and
Golden State Constructors, Inc.
208 East Orangethorpe Avenue
Placentia, CA 92870
(714) 625 -8758
THIS AGREEMENT is made and entered into this 27th day of January, 2014, by
and between the City of Seal Beach, a California charter city ( "City "), and
Golden State Constructors, Inc., a Corporation ( "Contractor ").
1.4 In the event of any material discrepancy between the
express provisions of this Agreement and the provisions of the other Contract
Documents, the provisions of this Agreement shall prevail.
2. Effective Date. This Agreement is effective as of January 27,
2014 (the "Effective Date ") and shall remain in full force and effect until
Contractor has rendered the services required by this Agreement.
3. Payment. For performing and completing the Work in
accordance with the Contract Documents, City shall pay Contractor, in full
compensation therefor, the amount of $38,400.00, subject to any additions
and deletions pursuant to the terms of the Contract Documents. Said sum
shall constitute payment in full for all work performed hereunder, including,
without limitation, all labor, materials, equipment, tools and services used or
incorporated in the Work, supervision, administration, overhead, expenses and
any and all other things required, furnished or incurred for completion of the
Work as specified in the Contract Documents. City shall make payments to
Contractor on account of the contract sum at the time, in the manner, and
upon the conditions specified in the Contract Documents. The City Manger
may authorize extra work to fund unforeseen conditions up to the amount
approved at the time of award by the City Council. Payment for additional
work in excess of this amount requires prior City Council authorization.
4. Contractor's Personnel.
4.1 All Work shall be performed by Contractor or under
Contractor's direct supervision, and all personnel shall possess the
qualifications, permits, and licenses required by state and local law and by the
Notice Inviting Bids /Instructions to Bidders to perform such Services, including,
without limitation, a City of Seal Beach business license as required by the
Seal Beach Municipal Code.
4.2 Contractor shall be responsible for payment of all
employees' wages and benefits, and shall comply with all requirements
pertaining to employer's liability, Workers' Compensation, unemployment
insurance, and Social Security. Contractor shall fully comply with the Workers'
Compensation law regarding Contractor and Contractor's employees.
4.3 Contractor shall indemnify and hold harmless City and its
elected officials, officers, employees, servants, designated volunteers, and
agents serving as independent contractors in the role of city officials, from any
and all liabilities, damages, claims, costs and expenses of any nature to the
extent arising from Contractor's alleged violations of personnel practices.
4.4 Contractor is, and shall at all times remain as to City, a
wholly independent contractor. Contractor shall have no power to incur any
debt, obligation, or liability on behalf of City or otherwise act as an agent of
Page 3 of 10
5.3 City's Sole Negligence. Nothing in Section 5.1 shall be
construed to require Contractor to indemnify Indemnitees for that portion of
any Claim to the extent arising from the sole negligence or willful misconduct
of the Indemnitees.
5.4 Nonwaiver of Rights. Indemnitees do not, and shall not,
waive any rights that they may possess against Contractor because of the
acceptance by City, or the deposit with City, of any insurance policy or
certificate required pursuant to this Agreement.
5.5 Waiver of Right of Subrogation. Contractor, on behalf of
itself and all parties claiming under or through it, hereby waives all rights of
subrogation against the Indemnitees, while acting within the scope of their
duties, from all claims, losses, and liabilities arising out of or incident to
activities or operations performed by or on behalf of the Indemnitor.
5.6 Survival. The provisions of this Section 5 shall survive the
termination of this Agreement and are in addition to any other rights or
remedies that Indemnitees may have under the law. Payment is not required
as a condition precedent to an Indemnitee's right to recover under this
indemnity provision, and an entry of judgment against Contractor shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity
provision.
6. Insurance.
6.1 Liability Insurance. Contractor shall procure and maintain
in full force and effect for the duration of this Agreement insurance against
claims for injuries to persons or damages to property which may arise from or
in connection with the performance of the services hereunder by Contractor,
and its agents, representatives, employees and subcontractors. The policy
limits set forth below do not act as a limitation upon the amount of
indemnification to be provided by Contractor. Contractor shall complete and
execute the following documents attached as Exhibits hereto and incorporated
herein by this reference:
6.1.1 Exhibit D -1: Additional Insured Endorsement -
Commercial General Liability.
6.1.2 Exhibit D -2: Additional Insured Endorsement -
Automobile Liability.
6.1.3 Exhibit D -3: Additional Insured Endorsement.
6.2 Minimum Scope of Insurance. Unless otherwise
approved by City, coverage shall be at least as broad as:
Page 5 of 10
6.5.2 For any claims related to this Agreement,
Contractor's insurance coverage shall be primary insurance as respects City,
its officers, officials, employees, designated volunteers and agents serving as
independent contractors in the role of City officials. Any insurance or self -
insurance maintained by City, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of City
officials shall be excess of Contractor's insurance and shall not contribute with
it.
6.5.3 Contractor's insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
6.5.4 Each insurance policy required by this
Section 6 shall be endorsed to state that coverage shall not be canceled or
materially modified except after 30 days prior written notice by first class mail
has been given to City.
6.5.5 Each insurance policy, except for any
professional liability policy, required by this Section 6 shall expressly waive the
insurer's right of subrogation against City and its elected officials, officers,
employees, servants, attorneys, designated volunteers, and agents serving as
independent contractors in the role of City or agency officials.
6.6 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating of no less than A:VIII unless waived
in writing by City's Risk Manager.
6.7 Verification of Coverage. All insurance coverages shall
be confirmed by execution of endorsements on forms approved by City. The
endorsements are to be signed by a person authorized by that insurer to bind
coverage on its behalf. All endorsements are to be received and approved by
City before services commence. As an alternative to City forms, Contractor's
insurer may provide complete, certified copies of all required insurance
policies, including endorsements effecting the coverage required by these
specifications.
7. Liquidated Damages. Should Contractor fail to complete the
Project, or any part thereof, in the time agreed upon in this Agreement,
Contractor shall reimburse City for the additional expense and damage for
each calendar day that the Project remains uncompleted after the Project
completion date. It is agreed that the amount of such additional expense and
damage incurred by reason of failure to complete the Project is the per diem
rate of $750.00 per calendar day. Such amount is hereby agreed upon as
liquidated damages for the loss to City resulting from the failure of Contractor
to complete the Project within the allotted time and to the value of the
operation of the works dependent thereon. It is expressly understood and
Page 7 of 10
assign, transfer, or subcontract any rights, duties, or obligations arising
hereunder shall be null, void and of no effect.
11. Compliance with Laws. Contractor shall comply with all
applicable federal, state and local laws, ordinances, codes and regulations in
force at the time Contractor performs the Services.
12. Non - Waiver of Terms, Rights and Remedies. Waiver by either
party of any one or more of. the conditions of performance under this
Agreement shall not be a waiver of any other condition of performance under
this Agreement. In no event shall the making by City of any payment to
Contractor constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Contractor, and
the making of any such payment by City shall in no way impair or prejudice
any right or remedy available to City with regard to such breach or default.
13. Attorneys' Fees. In the event that either party to this Agreement
shall commence any legal action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding
shall be entitled to recover its costs of suit, including all attorneys' fees
incurred in connection therewith.
14. Construction. The validity, interpretation, and performance of
this Agreement shall be controlled by and construed under the laws of the
State of California. In the event of any asserted ambiguity in, or dispute
regarding the interpretation of any matter herein, the interpretation of this
Agreement shall not be resolved by any rules of interpretation providing for
interpretation against the party who causes the uncertainty to exist or against
the party who drafted the Agreement or who drafted that portion of the
Agreement.
15. Entire Agreement This Agreement, including any other
documents incorporated herein by specific reference, represents the entire
and integrated agreement between Contractor and City. This Agreement
supersedes all prior oral or written negotiations, representations, or
agreements. This Agreement may not be amended, nor any provision or
breach hereof waived, except in a writing signed by the parties which
expressly refers to this Agreement.
16. Severability. The invalidity in whole or in part of any provisions
of this Agreement shall not void or affect the validity of the other provisions of
this Agreement.
IN WITNESS WHEREOF, the parties, through their respective
authorized representatives, have executed this Agreement as of the date first
written above.
Page 9 of 10
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
On before me, ('A' 6./ r7r"il�Y/ i9 crzc&rC�7�
personally appeared r r'�y /,�I %� r /�(�j (V? ,
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/sheAhe executed the same in his°-�Rr� authorized
capacity(ies), and that by his/kerAheir signature(4) on the instrument the person(&), 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. � CLAUDIA COCHRAN
�.. COMM # 1920198
-- Z ORANGE COUNTY p
WITN�,SS and and al. NOTARY PUBLIC- CALIFORNIA Z
M.YCOMMISaSIONEXPIRES
JAN. 30, 2015
Signature o Iic (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attomey -in -Fact
❑
Trustee(s)
❑
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in Cakfornia must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of Crdifornia In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a rotary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• Store and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission fol lowed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
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Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area perils, otherwise complete a different acknowledgment form.
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the county clerk.
by Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
llp Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
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