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Home My WebLink AboutAGMT - Lakeland Fencing Corp. (PD Fence Installation) Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder RECORDING REQUESTED BY 1111111 11111 1 1111 1 1111 IN 1111IIIIII11111111111(111 liii11111111111ill III NO FEE 2006000441000 09:46am 06130/06 AND WHEN RECORDED MAIL TO 121 159 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF SEAL BEACH Attn: City Clerk 211 8th Street Seal Beach, CA 90740 I I Space of above this line for Recorder's use. *** No Recording Fee Pursuant to Government Code Section 6103,27383 **** Ni NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: I. 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: City of Seal Beach,211 8'h Street, Seal Beach.CA 9074.0_ __4.The-nature•of-the-interest•or estate of the owner is; In"fee.-T re City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on April 1, 2006. The work was: UASI Security Fencing for the Police Department 50210. 6. The name of the contractor. if any, for such improvement was: Lakeland Fence Corporation. The date of the Contract was: October 24. 2005. 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: USAI Security Fencing for the Police Department Project 50210. 7l Date: Q / Signature of owner or corporate officer . .s vner named in paragraph 2 or his 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 S .3/- obi . 20 06, at Seal Beach, C lifore� (Date of Signature) /9(c//(/u Director o •ublic Works Exhibit-A r -. AGREEMENT TO PROVIDE FENCE INSTALLATION THIS AGREEMENT is entered into this 11th day of October, 2005 between Lakeland Fence Corporation, a California Corporation, 13129 E. Imperial Highway, Whittier, California 90605 ( "Contractor "), and the City of Seal Beach ( "City "). RECITALS A. City requires fence installation services. B. Contractor represents that it is fully qualified to perform such services. NOW, THEREFORE, the parties agree as follows: 1. Subject to the terms and conditions set forth herein, Contractor shall provide the services set forth in the Scope of Work (Exhibit A). In the event of any discrepancy between this Agreement and Exhibit A, this Agreement shall prevail. 2. Time for Performance. Contractor shall commence the services in November of 2005 and shall complete all services on or before February 10, 2006. 3. Termination. City may terminate this Agreement for any reason on ten days written notice to Contractor. Contractor shall cease all work on or before the effective date of such notice. In the event that City terminates this Agreement due to no fault or failure of performance by Contractor, Contractor shall be paid a pro -rata share of the full compensation for all services and duties performed by the Contractor based upon the percentage of work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. Contractor shall have no other claim against City by reason of such termination. 4. Compensation. City will compensate Contractor for services provided in accordance with the payment schedule in the Scope of Work. 5. Method of Payment. Contractor shall submit to City an invoice for all services performed: Each invoice shall describe in detail the services rendered. Within ten business days of receipt each invoice, City shall notify Contractor in writing of any disputed amounts included on the invoice. Within thirty days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. 6. Independent Contractor. Contractor shall be an independent contractor and shall not for any purposes whatsoever be an agent or employee of City. Contractor shall have no power to incur any debt or obligation for City. Contractor shall not at any time or in any manner represent that it is or any of its employees, agents, or subcontractors are in any manner agents or employees of City. S7296.0001.828607 1 8 • • • 7. Indemnification. To the fullest extent permitted by law, Contractor hereby agrees to defend, protect, indemnify, and hold harmless the City and its officials, officers and employees (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including attorneys fees and all costs associated therewith resulting from any act, failure to act, error, or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers, arising or claimed to arise, directly or indirectly, in connection with the Agreement or the performance or failure to perform its obligations under the Agreement, including this indemnity provision. This indemnity provision shall survive the termination of the Agreement. Contractor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution 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 Contractor regardless of any prior, concurrent, or subsequent non - active negligence by the Indemnitees. 8. Insurance. a. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, a policy or policies of comprehensive General liability insurance, with limits of One Million Dollars ($1,000,000.00) for each occurrence and in the aggregate, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts or omissions of Contractor, its officers, employees, agents and independent contractors. If such insurance contains a general aggregate limit, such limit shall apply separately to this Agreement, or the general aggregate limit shall be three times the occurrence limit. b. Contractor shall at all times during the Term of this Agreement • also carry, maintain, and keep in full force and effect a policy or policies of commercial automobile liability insurance with a combined single limit of One Million Dollars ($1,000,000.00), per occurrence for bodily injury and property damage, which will cover the drivers and automobiles used to perform Services pursuant to this Agreement. Such insurance shall include coverage for owned, non - owned, and hired automobiles. c. Contractor agrees to maintain in full force and effect at all times during the performance of work under this Agreement Workers' Compensation Insurance, including employer's liability coverage, for the protection of Contractor's employees, with a minimum limit of $1,000,000.00. d. Prior to commencement of work, Contractor provide to the City Clerk a certificate of insurance showing that the aforesaid policies are in effect in the required amounts, the additional insureds are named therein, and the policies cannot be S7296.0001.828607 2 • • canceled, reduced or otherwise modified except on thirty days written notice by the insurance carrier to the City. e. The general liability policy shall be endorsed to state that City, its officers, employees, agents and volunteers shall be covered as additional insureds with respect to the work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work. The automobile liability policy shall be endorsed to state that City, its officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any automobile owned, leased, hired or borrowed by Contractor or for which Contractor is responsible. f. The policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled, or coverage reduced, except on 30 days prior written notice to the City. Contractor agrees that it will not cancel, reduce, or otherwise modify said insurance coverage. g. The insurance provided by Contractor shall be primary to any coverage available to City. The insurance policies required by this Agreement shall include provisions for waiver of subrogation. h. Any deductibles or self - insured retentions shall be declared to and are subject to City's approval. At the option of City, either the insurer shall reduce or eliminate the deductibles or self - insured retentions as respects City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. i. Nothing contained herein shall be construed as limiting in any way Contractor obligations of indemnification under Section 7 or other extent to which Contractor may be held responsible for payment of damages to persons or property resulting from its operations, including operations and work performed or materials supplied by or on behalf of Contractor, any subcontractors or by anyone directly or indirectly employed by any of them. 9. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 10. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. 11. No Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, nor shall it subcontract any of the work described in this Agreement or the Scope of Work without the prior written consent of City. 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 S7296.0001.828607 3 ! • 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. If any action is brought to enforce or interpret the provisions of this Agreement, or arising out of the services provided by Contractor under this Agreement, the prevailing party shall be entitled to actual attorneys' fees and all related costs in addition to any other relief to which it may be entitled. 14. Time is of the essence in the performance of the services. 15. Entire Agreement and Amendments. This Agreement represents the - , entire and integrated agreement between Contractor and the City. This Agreement may not be amended except in a writing duly executed by the parties. WHEREFORE, the parties hereto have executed this Agreement as of the date first above written. r ---� ,,` — CI G `: EAL BEA LAKELAND F - ORP e TI e N77-.7---------- � i I .'� a j By: / .- r ` Manger -` _ ; ,..e f • y g �`� 10- , 4-or Date Title: N jCQ PrP S & - ATTEST: Date: 1 1 2A / IL( 2w,,�/ By: i t Clerk Name: Title: APPROVED AS TO FORM: Date: I' \ `ii i �1 . if ,. ( k._ .1 II i [Two Signatures Required for Corporations — City Attorney California Corporations Code § 313] S7296.0001.828607 4 EXHIBIT "A" SCOPE OF WORK 57296.0001.828607 5 • Sep 13 2005 7: 13AM eland Fence Corporatio 5$841-7138 p. 1 Proposal • Lie II 286995 WWW.LAAELANDFENCE.COA7 • L AKELAND 13129 E IMPERIAL LOCAL HIGHWAY (562)941-0287 FENCE • WHI7TIER CA TOLL FREE 90605 (800)403-3623 F,A.%. ORP (56 Email 941-7130 • _ DSNITU1 LAKELANDFEHCE-CON Attu Phone/Fax Min RICK RAMSDELL 562-799-4100/493-0634 9/12/05 S.sbmltted To Job Name CITY OLICEFDE PART/4ENTH Stan Job Location 911 SEAL BEACH BLVD SAME City, Stale, and gip Code car,Stop,and Tap Code SEAL � BEACH CA 90740 I'I a heady submit.patfetatiora and sauna,.for: DISTALL 217 I OF 4' HIGH WROUGHT IRON FENCING WITH ONE 8' X .4 DOUBLE GATE PER DRAWINBG N A-3 AND A-4 . • We Propose hearby w furrdsh material and labor-complete in accordance with above gseaicadony for to.win of: NINE THOUSAND ELEVEN 79/100 9011.79 Dollars • dg material a,gaanmeed w be as geoifie t All work to be oornplered in a worbnaabke manner awarding to standardpramae& Any ahembcn or deratianfro.n above speaaraeations involving extra coati wdl be executed ogle upon w anon order,. and will become an aura charge over and above the eeltnate Nfo 'naumle contingent upon anbu, aaidem:or delays beyond our cen- tral Owner to carpfoe, earthquake and necessary ineuranaw Our employee,ersfru4y conned by keksazru COmpsmadon lnmeartee LF . .cam,-n ly fm underground hies break- ape due t o eons:maim antis.... . „ .,. ..e d o s - reflect prevailing wage anises o t h e r- • w i e e p s e A Y u d. P d e e(lair t •its,pi• -t g fen,ar other relaied caste other - -� at gashed fbr LF other Acceptance cf Proposal Die above priest, epeogiamwna cad conditions .a sart*/acay mad are hearty aoeepaseL LFC L ataherieed a road.as gwn$ed Payment to be made as outlined. Date Signature • • Sep 12 2005 4: 57PM eland Fence Corporatio 56941 -7138 p. 1 Proposal . WWWLAKELANDFENCECOM Li` # 286995 LAKELAND 13129E IMPERIAL LOCAL FENCE HIGHWAY TOLL FREE lWtIiTI'lER C11 90605 (800)403-3623 C F.A.%. ORP 56 Email 941-7138 DSMi-THO LAKELANDF'ENCE.I70N{ Attu Phnsu flax Date RICK RAMSDELL 562-799-4100/493-0634 9/12/05 p CITY lOF SEAL BEACH Job Nan POLICE DEPARTMENT • gimp Job leaden 911 SEAL BEACH BLVD SAME Ci¢, Stele, end 74 Cade City,Slate,and ZNt Code SEAL , BEACH CA 90740 1'1'a deaby submit,yectAeonons and ClaMC1711 for INSTALL 375' OF 8' HIGH PREG.LVANIZED POWDERCOATF.D WROUGHT IRON [FACING 4 LARGE GATES PREGALVAITIZED PRIMERED AND PAINTED) WITH TWO 6' X 0' ELECTRIC STRIKE SINGLE GATES AND TWO 24' X 8' AUTOMATED • ROLLING GATES PER DRAWING W A-1 AND A-2. • (ALL ELECTRICAL, PHONE LINES, PLANS, PERMITS, UNDERGROUND REPAIRS, • MONITOR SYSTEM BY OTHERS) ' We Propose nearby to furnish material and labor-complete is accordance nih above tpeaylcasbnt.for the sum of: SEVENTY SIR THOUSAND 76 000. 0 M material u yiareraeed to be at spooned, A/work to be completed in a workmanlike manner according to emndardpracoees. Ay alrnmNn or deviation from above spectaan;ehvolvotg ewew colt;will be executed on won wrinen onion, and will become an emu charge over and above the e,nMate. Al agreements oondngeni upon orates. aeefdents or deign beyond our eon- Pol. Ouster to torsi'.5 1.4 earthquake and neoeamy insurance,. Our employee,an ally covered dy b,rkenoto Compsmanoa t,:urance. LTC accept,no reryotuibtlity for Jaederg!o ,d line break- �.---� age due to onsmeeoon talMoraJ d err&mm . n•- „.eon pravaartg wage mvfess sue Jpecrud Alm does no e psmmt: feea,or other related rosothdichesc Acceptance if Proposal The above pima. spe4laancm and conditions an sad—fame ,and are heathy aaaepted.LFC ie authormd to precede a,;pearled- Prsymera to be:snide as outlined. Sigaahne • • • • •