HomeMy WebLinkAboutAGMT - Post Earthworks Constructors, Inc (Emergengy Beach Nourishment) RECORDING REQUESTED BY
Recorded In Official Records, Orange County
Hu h N u en, Clerk-Recorder
AND WHEN RECORDED MAIL TO � 1 »��i�ti��iti�����ti 111111111111111111111111111111111111111111111111 No FEE .
CITY OF SEAL BEACH i * $ R 0 0 0 7 b 3 8 4 .6 0 $ * ; I
Attn: City Clerk 201500033415910:06 am 06126/15
211 -8th Street 66 414 N12 1
Seal Beach, GA 90740 i 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Space of above this line for Recorder's use.
*** 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. 1
5. A work of improvement on the property hereinafter is described as substantially completed on
May 15, 2015. The work was Emergency Beach Nourishment Project. No. EM1502.
6. The name of the contractor(s), if any, for such improvement was: Post Earthworks
Constructors. The date,of the Contract Award was January 26, 2015.
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; East Beach. City of Seal
Beach.
Date: l
Director of Public Works, City of S each
Signature of owner or corporate cer of owner
named in paragraph 2 or agent.
VERIFICATION
1, 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 pen ty of perjury the foregoing is true and correct.
Executed on , 2015, at Seal Beach, Ca' nia.
(Date of Signature)
Director of Public Works, City of S I Beach
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT. 11.CONTRACT ID CODE I PAGE OF PAGES
N6247314RP00176 1 I •
2.AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DA1 E 4,REQUISITION/PURCHASE REQ. NO. 5.PROJECT NO.(repeatable)
ONE(1) I 25 FEBRUARY 2015
6.ISSUED BY CODEI JV10.KS 7.ADMINISTERED BY Of other than Item 6) CODE
NAVAL FACILITIES ENGINEERING COMMAND
SOUTHWEST
REAL ESTATE DEPARTMENT
1220 PACIFIC HIGHWAY
SAN DIEGO,CA 92132-5190
8.NAME AND ADDRESS OF CONTRACTOR(NO,street,county Slate and ZIP Code) 9A.AMENDMENT OF SOLICITATION NO.
CITY OF SEAL BEACH 9B.DATED(SEE ITEM 11)
211 8TH STREET _
SEAL BEACH,CA 90740 10A. MODIFICATION OF CONTRACT/ORDER NO.
EXP.:31 MAY 2015 I N6247314RP00176
CODE NAVWPNSTA SEAL BEACH,CA FACILITY CODE N61065 10B. DATED(SEE ITEM 13)
11.THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
IJ The above numbered solicitation is amended as set forth in Item 14.The hour and date specified for receipt of Offers L-I is extended, IJ is not extended.
Offers must acknowledge receipt of this eagmendment prior toe the hour and date specified tiinn the solicitation�orr as amended,by one of the following methods:
(a)AC Ely. EMENT separate BE)RECEIVED ATnTHEAPLACEaDESIGNATED�FOoRY THE R C IPT nOF of
FERSePRIOR TO E HhOURYAND DATE SPECIFIED
MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted,such change may be made by
telegram or letter,provided each telegram or letter makes reference to the solicitation and this amendment,and is received priori()the opening/Tour and date
specified.
12.ACCOUNTING AND APPROPRIATION DATA(If required)
13.THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIED THE CONTRACT/ORDER NO.AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:(Specify authonty)THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
ORDER NO.IN ITEM 10A.
B.THE ABOVE NUMBERED CONTRACT/ORDERED IS MODIFIED TO REFLECTTHE ADMINISTRATIVE CHANGES(such as changes in paying office,
appropnation date,etc.)SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D.OTHER(Specify type of modification and authority)
• BY MUTUAL AGREEMENT OF BOTH PARTIES
E.IMPORTANT:Contractor❑ is not, 21 is required to sign this document and return 3 copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCE section headings,including sWlcitationcontract subject matter where feasible)
THE INTENT OF THIS MODIFICATION IS TO MAKE THE FOLLOWING CHANGE:
1.THE TERM OF THE LICENSE IS HEREBY AMENDED BY DELETING THEREFROM THE DATE"24 FEBRUARY 2015"AND INSERTING IN PLACE
THEREOF THE DATE"31 MAY 2015."
Except as provided herein,all leans and conditions of the document referenced in Item 9A or 10A,as heretofore,changed,remains unchanged and In full force and effect
15A.NAME AND TITLE OF SIGNER(Type orpnnt) 16A,NAME AND TITLE OF CONTRACTING OFFICER(Type or pnnt)
D.B.BIXLER
25' l\ v,Ngrcr\ O1 ty �y c.yy a REAL ESTATE CON RACTING OFFICER
15: CONTRA /OFF '•R ! 15C. DATEhIG_NED 16B.UNI I, TE t • AME_A 16C. DATE SIGNED
•
BY,-:.__ In • `:�i �7 1v BY •� —� - _ 2 HiV
. (Signature of Person Au onz•�•a) eb 1IS (Signature of Contracting Officer)
STANDARD FORM 30-RE(REV. 10-83)
INSTRUCTIONS
•
Instructions for items other than those that are self-explanatory, are as follows:
(a) Item 1 (Contract ID Code). Insert the contract (2) Accounting classification
type identification code that appears in the title Net decrease $
block of the contract being modified.
NOTE: If there are changes to multiple
(b) Item 3 (Effective date). accounting classifications that cannot be placed.in
a order, block 12, insert an asterisk and the words "See
(1) For a solicitation amendment, change continuation sheet".
or administrative change, the effective date
shall be the issue date of the amendment, (g) Item 13. Check the appropriate box to indicate
change order, or administrative change. the type of modification. Insert in the
corresponding blank the authority under which the
(2) For a supplemental agreement, the effective modification is issued. Check whether or not
date shall be the date agreed to by the contractor must sign this document. (See FAR
contracting parties. 43.103.)
(3) For a modification issued as an initial or (h) Item 14 (Description of Amendment/Modification) .
confirming notice of termination for the
convenience of the Government, the (1) Organize amendments or modifications under
effective date and the modification number the appropriate Uniform Contract Format
of the confirming notice shall be the same (UCF) section headings from the applicable •
as the effective date and modification solicitation or contract. The UCF table of
number of the initial notice. contents, however, shall not be set forth in
(4) For a modification converting a termination this document
for default to a termination for the (2) Indicate the impact of the modification on the
convenience of the Government, the
effective date shall be the same as the overall total contract price by inserting one of
effective date of the termination for default. the following entries:
(5) For a modification confirming the contacting lil Total contract price increased by $-----
officer's determination of the amount due in (ii) Total contract price decreased by S -- -
settlement of a contract termination, the
effective date shall be the same as the
effective date of the initial decision. (iii) Total contract price unchanged.
(c) Item 6 (Issued By). Insert the name and address (3) State reason for modification.
of the issuing office. If applicable, insert the
appropriate issuing office code in the code block. (4) When removing, reinstating, or adding funds,
identify the contract items and accounting
(d) Item 8 (Name and Address of Contractor). For classifications.
modifications to a contract or order, enter the
contractor's name, address, and code as shown (5) When the SF 30 is used to reflect a
in the original contract or order, unless changed determination by the contracting officer of
by this or a previous modification. the amount due in settlement of a contract
terminated for the convenience of the
(el Item 9, (Amendment of Solicitation No. - Dated), Government, the entry in Item 14 of the
and 10 (Modification of Contract/Order No. - modification may be limited to --
Dated). Check the appropriate box and in tTie
corresponding blanks insert the number and date Ii) A reference to the letter determination; and
of the original solicitation, contract, or order. liil A statement of the net amount determined
(f) Item 12 (Accounting and Appropriation Data). to be due in settlement of the contract.
When appropriate, indicate the impact of the
modification on each affected accounting (6) Include subject matter or short title of
classification by inserting one of the following solicitation/contract where feasible.
entries.
(i) Item 16B. The contracting officer's signature is
not required on solicitation amendments. The
(f) Accounting classification _ contracting offier's signature is normally affixed
Net increase . $ last on supplemental agreements.
. ? }4i STANDARD,FORrv`1 30 (FEV.A0-a3, BACK
•4:0T 0> :
s A DEPARTMENT OF THE NAVY
>�- II�'i§.9\ NAVAL FACILITIES ENGINEERING COMMAND SOUTHWEST
Iti-' '�� 1220 PACIFIC HIGHWAY •
4P ! •, SAN DIEGO,CA 92132-5190
11011
JVl0 .KS/5118
February 24 , 2015
City of Seal Beach
c/o : Mr. Michael Ho
211 8th Street
Seal Beach, CA 90740
Dear Mr. Ho:
Enclosed is a fully executed, duplicate original of
Modification One (1) to Department of the Navy License
N6247314RP00176 that allows for use of Navy-constructed Beach
Drive at Naval Weapons Station Seal Beach for ingress and egress
to transport emergency sand replenishment equipment and
supplies .
The modification extends the term of the license through May
31, 2015 .
If you have any questions, you may contact Ms . Kimberly
Spencer, Realty Specialist, at (619) 532-3918 or
Kimberly. spencer@navy.mil .
Sincerely,
•
: B. B LE
Real Estate Contracting Officer
Enclosure : Modification One (1) to Dept of the Navy License
N6247314RP00176
•
•
PUBLIC WORKS AGREEMENT
FOR
EMERGENCY BEACH NOURISHMENT
CIP NO. EM1502
between
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CF. ....R21.9.
"c>JUNTY,
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Post Earthworks Constructors, Inc.
2967 E. Coronado Street
Anaheim, CA 92806
(714) 632-5290
(714) 632-9767 - FAX
THIS AGREEMENT is made as of January 26, 2015, by and between the City of Seal Beach, a
California charter city ("City"), and Post Earthworks Constructors, Inc., a General Contractor
("Contractor").
RECITALS
A. WHEREAS, the City Council has approved the plans and specifications for the
Pier Structural Assessment Implementation ("Project") with respect to design criteria; and
B. WHEREAS, Contractor has submitted a bid to City for the Project dated
December 17, 2014. The final amount is not to exceed $402,100 ("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
1. Contractor's Services.
1.1 Scope 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: Accepted Proposal, Non-Collusion
Affidavit, Bid Schedule(s), Contractor's Industrial Safety Record, Special Provisions and
documents referenced therein, 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.
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 26, 2015 (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
$402,100.00, 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 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 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.
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.
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:
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).
6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed.
11/85) 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.
6.2.5 Professional Liability insurance. Unless the City waives in the
requirement for professional liability insurance, Contractor shall provide to City the standard
form issued by the carrier.
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.
6.3.4 Professional Liability: Waived
(Please note that pursuant to Section 6.2.5, the City may waive the
requirement that the Contractor carry professional liability insurance.)
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 to 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.
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 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$250 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.
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 hours; 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)493-9857
With a copy to:
Public Works Director
City of Seal Beach
211-8th Street
Seal Beach, California 90740
If to Contractor: Post Earthworks Constructors, Inc.
2967 E. Coronado Street
Anaheim, CA 92806
Telephone: 714-632-5290
Fax: 714-632-7967
Attn: Chris Post, President
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.
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 CONTRAC 4R,
By: •' 1 •�I L�L. .I By: $011114
VR. Ingram, City S:ger tar
Name CHRIS POST
Attest:
T v `i Title: PRESIDENT
By: / t'
Tina Knapp, City Clerk
Approved as to Fo .
By: _ . .
Stev; 1 Flower, ity Attorney