HomeMy WebLinkAboutAGMT - Jeff Tracy, Inc. dba Land Forms Construction (SB Blvd & Lampson Landscape)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
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No Recording Fee Pursuant to Government Code Section 6103, 27383 * * ** ��
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NOTICE OF COMPLETION 0
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
October 31, 2014. The work was Seal Beach Boulevard and Lampson Avenue Landscape
Improvements Proiect. No. ST1410.
6. The name of the contractor(s), if any, for such improvement was: Jeff Tracy Inc. dba Land
Forms Construction. The date of the Contract Award was June 9, 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: Seal Beach Boulevard
from Lampson Avenue to Plymouth Street and Lampson Avenue From Seal Beach Boulevard
to Heather Street City of Seal Beach.
Date:. I I I /t71 /'7
Direci6r of u is Works, City of S al each
Signature of owner or corporate o ' er f owner
named in paragraph 2 or agent.
VERIFICATION
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 D , 2014, at Seal Beach, Cal'
([Date f Signature)
i
AN A GREEMENT FOR
Seal Beach Boulevard and Lampson
Avenue Landscape Improvement
Project No ST1410
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Jeff Tracy Inc. dba Land Forms Construction
27601 Forbes Road, Suite 36
Laguan Niguel, CA 92677
P — (949) 582 -0877
THIS AGREEMENT is made as of June 9, 2014 (the "Effective Date "), by and
between the City of Seal Beach (`'City "), a California charter city, and Jeff Tracy Inc.
dba Land Forms Construction ( "Contractor "), a Corporation.
Page D -I
RECITALS
WHEREAS, the City Council has approved the plans and specifications for the
Seal Beach Boulevard and Lampson Avenue Landscape Improvement Project No.
ST1'41'0 ( "Project ") with respect to design criteria; and
WHEREAS, Contractor has submitted a bid to City for the Project dated April
29, 2014 in the amount of 491,111.75 ( "Accepted Proposal" hereinafter). The
Accepted Proposal is attached hereto as Exhibit G and contains, among other things,
provisions defining the Project scope.
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree
as follows:
AGREEMENT
Contractor's Services.
1.1 Scone and Level of Services. For and in consideration of the
mutual promises set forth herein, and subject to the terms and conditions set forth in
this Agreement, Contractor .shall perform and complete in good and workmanlike
manner all work ( "Work ") required by this Agreement and the documents listed in
Subsection 1.2 for the Project.
1.2 Contract. Documents. The "Contract Documents" that comprise
the agreement between the City and the Contractor are the: Notice Inviting Bids,
Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s),
List of Subcontractors, Contractor's Industrial Safety Record, Contractor's
Qualification Statement, Bid Security Forms for Check or Bond, Specifications,
General and Special Provisions and documents referenced therein, all addenda as
prepared prior to the date of bid opening setting forth any modifications or
interpretations of any of said documents, this Agreement, Exhibits attached to this
Agreement, including but not limited to the Performance Bond (Exhibit A), Payment
Bond (Exhibit B), Workers' Compensation Insurance Certificate (Exhibit C),
Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties
Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit
F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed
amending or extending the Work contemplated and that may be required to complete
the Work in a substantial and acceptable manner. These Contract Documents are
hereby incorporated into this Agreement.
1.3 The Work shall be performed in accordance with the Plans,
Specifications and other Contract Documents. Contractor shall furnish at its own
expense all labor, materials, equipment and services necessary therefor, except such
labor, materials equipment and services as are specified in the Contract Documents to
be furnished by City.
Page D -2
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 June 9, 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 $491,111.75, 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 City. Neither City nor any
of its agents shall have control over the conduct of Contractor or any of Contractor's
employees, except as set forth =in this Agreement. Contractor shall not, at any time, or
Page D -3
in any manner, represent that it or any of its officers, agents, or employees are in any
manner employees of City. Contractor shall pay all required taxes on amounts paid to
Contractor under this Agreement, and indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason of the
work performed pursuant to this Agreement.
4.5 City shall have the right to offset against the amount of any fees
due to Contractor under this Agreement any amount due to City from Contractor as a
result of Contractor's failure to promptly pay to City any reimbursement or
indemnification arising under this Section 4.
5. Indemnification.
5.1 Contractor's Duty. Contractor shall defend, indemnify, and
hold the City, its elected officials, officers, employees, volunteers, agents, and those
City agents serving as independent contractors in the role of City officials (collectively
"Indemnitees ") free and harmless 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, bid protests, stop notices,
judgments, fines, penalties, liabilities, costs and expenses (including, without
limitation, attorney's fees, disbursements and court costs) of every kind and nature
whatsoever (individually, a "Claim," collectively, "Claims "), in any manner arising
out of or incident to the performance of the Agreement, including without limitation,
the payment of all consequential damages and attorneys' fees and other related costs
and expenses. Further, Contractor shall appoint competent defense counsel, at
Contractor's own cost, expense and risk, to defend any and all such suits, actions or
other legal proceedings of every kind arising out.of or incident to the performance of
the Agreement that may be brought or instituted against Indemnitees. Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against City or
the other Indemnitees in any such suit, action, or other legal proceeding arising out of
or incident to the performance of the Agreement. Contractor shall reimburse the City
and the other Indemnitees, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims
and liability regardless of whether any insurance policies are applicable.
5.2 Bid Protests. In addition to its obligations pursuant to Section
5.1, Contractor shall reimburse the City for all attorneys' fees and costs incurred by
City in connection with, arising out of or incident to any bid protest.
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.
Page D -4
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 the 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 a 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.
Automobile Liability.
6.1.2 Exhibit D -2: Additional Insured Endorsement -
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:
6.2.1 Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001).
6.2.2 Insurance Services Office form number CA 0001
(Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Pa .-e D -5
6.2.3 Insurance Services Office form number CG 20 10 11
85 (Ed. 1.1/85) covering Additional Insured — Owners, Lessees or Contactors (Form
B).
6.2.4 Workers' Compensation insurance as required by
the State of California and Employer's Liability Insurance.
6.3 Minimum Limits of Insurance. Contractor shall maintain limits
no less than:
6.3.1 General Liability: $2,000,000 per occurrence and in
the aggregate for bodily injury, personal injury and property damage. Commercial
General Liability Insurance or other.form with a general aggregate limit shall apply
separately to this Agreement or the general limit shall be twice the required occurrence
limit.
6.3.2 Automobile Liability: $2,000,000 per occurrence for
bodily injury and property damage.
6.3.3 Employer's Liability: $1,000,000 per occurrence and
in the aggregate for bodily injury or disease and Workers' Compensation Insurance in
the amount required by law.
6.4 Deductibles and Self- Insured Retentions. Contractor shall
inform City of any deductibles or self - insured retentions except with respect to any
professional liability insurance.
6:5 Other Insurance Provisions. The general liability and
automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
6.5.1 City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in the role of City officials,
are io be covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor; products and completed operations of
Contractor; premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no limitations on
the scope of protection afforded to City, its officers, officials, employees, designated
volunteers or agents serving as independent contractors in the role of City officials
which are not also limitations applicable to the named insured.
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, their 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.
Page D -6
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 ANIII 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 the 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 the Contractor fail to complete the
project, or any part thereof, in the time agreed upon in the Contract, the Contractor
shall reimburse the City for the additional expense and damage for each calendar day
that the Contract remains uncompleted after the Contract completion date. It is agreed
that the amount of such additional expense and damage incurred by reason of failure
to complete the Contract is the per diem rate of $750 per calendar day. Such amount
is hereby agreed upon as liquidated damages for the loss to the City resulting from the
failure of the 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
agreed that this amount is a reasonable amount and is established in lieu of damages
that are incapable of calculation at the inception hereof, and this amount is not to be
considered in the nature of a penalty. The City shall have the right to deduct such
damages from any amount due, or that may become due to the Contractor, or the
amount of such damages shall be due and collectible from the Contractor or the
Contractor's Surety. Progress payments made after the scheduled completion date
shall not constitute a waiver of liquidated damages.
8. Suspension. City may, in writing, order Contractor to suspend all or
any part of the Contractor's Services for the convenience of City or for work
stoppages beyond the control of City or Contractor. A suspension of the Services does
not void this Agreement.
Page D -7
9. Notices. Any notices, bills, invoices, or reports authorized or required
by this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Contractor's and
City's regular business hours or by facsimile before or during Contractor's regular
business liours; or (b) on the third business day following deposit in the United States
mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to
such other addresses as the parties may, from time to time, designate in writing
pursuant to the provisions of this Section. All notices shall be addressed as follows:
If to City: City Clerk
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
Telephone: (562) 431 -2527
Fax: (562)49')-9857
With a copy to:
Public Works Director
City of Seal Beach
211 -8th Street
Seal Beach, California 90740
If to Contractor: Jeff Tracy Inc. dba Land Forms Construction
27601 Forbes Road, Suite 36
Laguna Niguel, CA 92677
Telephone: (949) 582 -0877
Fax: (949) 582 -0876
Attn: Brian Olsen
10. Non - Assignability; Subcontracting. Contractor shall not assign,
transfer, or subcontract any interest in this Agreement or the performance of any of
Contractor's obligations hereunder. Any attempt by Contractor to so 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.
Pale D -8
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.
CITY OF SEAL BEACH
M�#er
Attest:
By: 1 r
Linda Devine, City Clerk
CONTRACTOR:
By:
Name:
z " 4-sl! /
Title:
Approved as toyForm:
By: // l 4—�� —
uinn M. Barrow, City Attorney
Page D -9
EXHIBIT A
FAITHFUL PERFORMANCE BOND
EXHIBIT B
PAYMENT BOND
EXHIBIT C
WORKERS' COMPENSATION INSURANCE CERTIFICATE
EXHIBIT D -I
ADDITIONAL INSURED ENDORSEMENT
(COMMERCIAL GENERAL LIABILITY)
EXHIBIT D -2
ADDITIONAL INSURED ENDORSEMENT
(AUTOMOBILE LIABILITY)
EXHIBIT D -3
ADDITIONAL INSURED ENDORSEMENT
EXHIBIT E
ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING
CONTRACTOR LICENSING LAWS
EXHIBIT F
LABOR LAW REQUIREMENTS
EXHIBIT G
ACCEPTED PROPOSAL
(NOTE. Exhibits will not -be included with the contract at the time of award. The
Contractor shall have 10 working days to submit all exhibits to the City after the
award of contract. Failure to do so. will result in voiding of the contract. The City
will then have the right to cash the bid bond for the project and re- advertise for
construction or award to the next lowest responsive bidder.)