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HomeMy WebLinkAboutAGMT - All American Asphalt (SBB Resurfacing, #ST0907)9 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 Tom Daly, Clerk- Recorder 11111! IIII. 111 IIIIIIIIII IIINO FEE 200900026267310:15am 05126109 200 32 N12 1 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. I * ** 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. A work of improvement on the property hereinafter is described as substantially completed on May 1, 2009 The work was Seal Beach Boulevard Resurfacing #ST0907. 5. The name of the contractor, if any, for such improvement was: All American Asphalt. The date of the Contract Award was: January 26, 2009. 6. 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 Adolfo Looez Drive to-Bolsa Avenue: Seal Beach. California 90740_- _ Date: r f f Signature of owner or corporate 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 /Z — o1 , 2009, at eal ch, Califor (Date of Signature) Director of Public Works 01/09/2009 11:52 562 - 4308763 PAGE 02/08 AN AGREEMENT FOR Seal Beach Boulevard Resurfacing Project CIP No. ST0907 between • -� SEAL . F OC '1+4 " 'c��NTY City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 All American Asphalt P.O. Box 229 Corona, CA 92878 -2229 951 736 -7600 — Phone 951 736.7646 - Fax THIS AGREEMENT is made and entered into this 26 day of January, 2009, by and between the City of Seal Beach, a California charter city ( "City "), and All American Asphalt a General ( "Contractor "). Page D -29 01/09/2009 11:52 562 - 4308763 PAGE 03/08 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Seal Beach Boulevard Resurfacing Project, CIP No. ST0907 ( "Project "); B. WHEREAS, Contractor has submitted a bid to City for the Project dated January 8, 2009. 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. 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. 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), Worker's Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E) and Labor Law Requirements (Exhibit F) 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. 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 therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by Owner. 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. Effective Date. This Agreement is effective as of January 26, 2009 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. Payment. For performing and completing the work in accordance with the Contract Documents, Owner shall pay Contractor, in full compensation therefor, the contract sum set forth in the Bidding Schedule. 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. Owner 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. Page D -30 01/09/2009 11:52 562 - 4308763 PAGE 04/08 • Contractor's Personnel. 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. 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. Contractor shall indemnify and hold harmless City and its elected officials, officers and 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. 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. 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. Indemnification. Contractor's Duty. Contractor shall 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 any and all claims, damages, penalties, obligations, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including without limitation wrongful death, bid protests, and stop notice actions, 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 Indem nitees. 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 the City or the other Indemnitees. Nonwaiver of Rights. Tndemnitees 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. Page D -31 01/09/2009 11:52 562 - 4308763 PAGE 05/08 Waiver of 1jght of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemn.itces, 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. 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 an Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Insurance. 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 and professional negligence which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: Exhibit D -1: Additional Insured Endorsement - Commercial General Liability Exhibit D -2: Additional Insured Endorsement - Automobile Liability Exhibit D -3: Additional Insured Endorsement Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as defined below: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Professional Liability insurance. Contractor shall provide to City the standard form issued by the carrier. Minimum Limits of Insurance. Contractor shall maintain limits no less than as defined below: 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 fonn with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. Page D -32 01/09/2009 11:52 562 - 4308763 PAGE 06/08 Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. Deductibles and Self-Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions except with respect to professional liability insurance. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency 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 or agency officials which are not also limitations applicable to the named insured. 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 or agency 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 or agency officials shall be excess of Contractor's insurance and shall not contribute with it. 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. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by registered first class mail has been given to City. Each insurance policy, except for the professional liability policy, required by this clause 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. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:Vii unless waived in writing by City's Risk Manager. 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. 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 Owner 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 $750 per working day. Such amount is hereby agreed upon as liquidated damages for the loss to the Owner resulting from the failure of the Contractor to complete the Page D -33 01/09/2009 11:52 562 - 4308763 PAGE 07/e8 • 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 Owner 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. 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. 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 Brach, California 90740 If to Contractor: All American Asphalt P.O. Box 2229 Corona, CA 92878 -2229 • Telephone: 951 736 -7600 Fax: 951 736-7646 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 he null, void and of no effect. 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. 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. Page D -34 01/0912009 11:52 562 - 4308763 PAGE 08108 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 incun in connection with such enforcement or interpretation. 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. 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. 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 CONTRACTOR: By: By: �? _ // David Carmany, City Manager Name: to mss" • B R ' v . Titl Ui. CIG , ' LEES ( : Attest: By: .0. , /.. .,{/n(/yr/ By: in • a Devine, Cr Clerk Name: Title: Approved -as to Form: By: C./Quinn M. Barrow, City Attorney Page D -35 e 40 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ,-, 1,aS�r.' ')t!is ti,.a§5it . ,-st,cat..s1 .1,. .s aNv S Ta%s 5. t..l..41.i tt.,1..a> .1� ,M Cr9s Sti,Ns., �?S! C�s State of California County of 6 el/at-S(4)6 On 7/1 f 7 before me, Z (..-- , 4-e , Date Here Insert N Title of the,c.ifficer personally appeared LZ6GXZ 4 Name(B)-ef Signer8re who proved to me on the basis of satisfactory evidence to ° ° " ° _ = - - A be the person(} -whose name()-is/ e-subscribed to the BRENDA L. ROYSTER within instrument and acknowledged to me that �'_ _ ,. ' - Commission # 1700922 he /sl y executed the same in his /eir authorized "� " ' 0 . -. Notary Public - California Z } ,. : . , : Riverside County = capacity( )-, and that by his/horsittetr signature(4)-on the Cornm.E• ' Oct26,2010 instrument the person(4 - or the entity upon behalf of which the personlcted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and offi ial seal. r Li i. Signature / / ,' Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: '� 6 - G 1 ) - F C674-L E 6f. -- Document Date: .3 .) 14 L d - oct Number of Pages: Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer(s) 1 Signer's Name: l -{ &t_-l_L e,/ Signer's Name: ❑ Individual , rIC ?SiD c , ❑❑ por A. Officer — Title(s): v1 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner — III Limited El Gener - RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER - , ❑ Attorney in Fact OF SIGNER Top of thumb here Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or C• servator ❑ Other: ❑ Other: Signer Is Representing: Signer s Representing: r : - ✓' S'I'W*YA 4 S1 7 AW 4 4W CANS.✓4■1//:Sg(i C ✓W,5'✓ ti:�✓L' 40%4�✓,44s✓4s✓sg4 bw4s,sx.s ezystr,4 ✓ ©2007 National Notary Association• 9350 De Soto Ave., P.O.Box 2402 • Chatsworth, CA 91313 -2402• www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827