HomeMy WebLinkAboutFelicific Fencing - Paradise Creek Fencing - CIP 25-07 - 2025 OWNER- CONTRACTOR AGREEMENT
PARADISE CREEK FENCING, CIP NO. 25-07
This Owner-Contractor Agreement ("Agreement") is made by and between the City of
National City, 1243 National City Boulevard National City, California 91950 and Eugene
Anthony Cioe Jr., dba F licific Fencing ("Contractor"), 2206 Madison Avenue, El Cajon,
CA 92019, on the itV day of t�WWW 2025, for the construction of the
above referenced Project.
In consideration of the mutual covenants and agreements set forth herein, the Owner and
Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all the work and furnish all the labor, services, materials and
equipment necessary to construct and complete the Project in a turn-key manner in
accordance with this Agreement and all documents and plans referenced in Exhibit "A",
(hereinafter "Contract Documents"), in compliance with all relevant Federal, State of
California, County of San Diego and City of National City codes and regulations, and to
the satisfaction of the Owner.
2. CONTRACT PRICE
Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for
constructing the project in accordance with these Contract Documents in an amount not to
exceed the contract price as set forth in Exhibit`B"attached hereto and incorporated herein
by reference. Payments to the Contractor shall be made in the manner described in the
Special Provisions.
3. TIME FOR PERFORMANCE
Time is of the essence for this Agreement and the Contractor shall construct the project in
every detail to a complete and turn-key fashion to the satisfaction of the Owner within the
specified duration set forth in the Special Provisions.
4. NON-DISCRIMINATION
In the performance of this Agreement, the Contractor shall not refuse or fail to hire or
employ any qualified person, or bar or discharge from employment any person, or
discriminate against any person, with respect to such person's compensation, terms,
conditions or privileges of employment because of such person's race, religious status, sex
or age.
5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the Project Manager designated at the pre-construction meeting
shall be the Owner's authorized representative in the interpretation and enforcement of all
Work performed in connection with this Agreement.
6. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware of the
provisions of Section 3700 of the Labor Code,which requires every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code,and I will comply with such provisions before commencing
the performance of the Work of this Agreement.
b) The Contractor shall require each subcontractor to comply with the
requirements of Section 3700 of the Labor Code. Before commencing any Work, the
Contractor shall cause each subcontractor to execute the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires
every employer to be insured against liability for worker's compensation or to
undertake self-insurance in accordance with the provisions of that Code, and I will
comply with such provisions before commencing the performance of the Work of
this Agreement."
7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Owner and the
Contractor with respect to the Work. In the event of conflict between the terms of this
Agreement and the bid of the Contractor, then this Agreement shall control and nothing
herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall maintain all books, documents, papers, employee time sheets, accounting
records and other evidence pertaining to costs incurred and shall make such materials
available at its office at all reasonable times during the term of this Agreement and for three
(3) years from the date of final payment under this Agreement, for inspection by Owner
and copies thereof shall be furnished to Owner if requested.
9. INDEPENDENT CONTRACTOR
At all times during the term of this Agreement,Contractor shall be an independent contractor
and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall
have the right to control Contractor insofar as the results of Contractor's services rendered
pursuant to this Agreement;however,Owner shall not have the right to control the means by
which Contractor accomplishes such services.
10. LICENSES AND PERMITS
Contractor represents and declares to Owner that it has all licenses, permits, qualifications
and approvals of whatever nature which are legally required to practice its profession.
Contractor represents and warrants to Owner that Contractor shall, at its sole cost and
expense,keep in effect at all times during the term of this Agreement,any licenses,permits,
qualifications or approvals which are legally required for Contractor to practice its
profession.
11. GOVERNING LAW,VENUE
This Agreement and the Contract Documents shall be construed under and in accordance
with the laws of the State of California, and the appropriate venue for any action or
proceeding arising from this Agreement and/or the Contract Documents shall be had in the
Superior Court of San Diego,Central Branch.
12. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all
purposes be deemed to be an original.
13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Owner, it may be
considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges that the False Claims Act, California Government Code sections 12650, et
seq.,provides for civil penalties where a person knowingly submits a false claim to a public
entity. These provisions include within their scope false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of the
information. In the event the Owner seeks to recover penalties pursuant to the False Claims
Act, it is entitled to recover its litigation costs,including attorneys' fees. Contractor hereby
acknowledges that the filing of a false claim may the Contractor to an administrative
debarment proceeding wherein Contractor may be prevented from further bidding on
public contracts for a period of up to five (5)years.
1 have read and understood all of the provisions of this Section 15, above:
zoegr-
(Initial) (Initial)
14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner
other than by an amendment in writing and signed by the Owner and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
Owner: Contractor:
Eugene Anthony Cioe Jr. , dba
F cific F in
Scot W. Huth
Interim City Manager, City of National City (Owner/Officer signature)
Approved as to form: OV' seu�.- A e I o-e-LL /41� ✓
Print name and title
Barry J. Sc ul
City Attorney, ity of National City
(Second officer signature if a corporation)
EIS /a-4q2d'--"
Print name and title
_'d o10o -3el5-Y
Contractor's City Business License No.
i031340 — C )3
State Contractors License No.and Class
30*?S- 30v ideve C,n..�k R.2
Business street address
City,State and Zip Code
-r» CALIFORNIA }-0-
N TIONAL CITY
INCORPORATED
Project: Paradise Creek Fencing CIP 25-07
Construction Costs: $33,104
In accordance with the municipal code, we will obtain bids from at least three vendors for this
project and award the contract to the vendor providing the best value to the city.
NC Municipal Code, Chapter 2.62—Alternative Bid Procedures for Public Projects
Less than Informal Bid Procedure
City engineer and purchasing agent authority.
a) Public projects up to twenty-five thousand dollars or less may be awarded by the city
engineer.
b) Public projects of$75,000 or less may be awarded by the purchasing agent.
If the public project of$75,000 or less is being performed by negotiated contract or purchase
order, the city engineer, or designee, may make reasonable efforts to contact and obtain bids
from at least three vendors and award to the contractor providing the best value to the city.
EXHIBIT A
CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
San Diego County Regional Standard Drawings
City of National City Standard Drawings
Standard Specifications for Public Works Construction and Regional Supplements
(Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes
Permits issued by jurisdictional regulatory agencies
Electric, gas, and communications companies specifications and standards
Sweetwater Authority specifications and standards
Specifications,standards and requirements of MTS, BNSF,SANDAG, Port of San Diego and
all other agencies that may be adjacent and/or affected by the project.
EXHIBIT B
CONTRACT PRICE
Unit
No. Item Unit Quantity Price Amount
Base Bid
1 Mobilization/Demobilization LS 1 260.00 260.00
2 Clearing and Grubbing LS 1 164.75 164.75
3 Unclassified Excavation LS 1 - -
4 Traffic and Pedestrian Control LS 1 520.00 520.00
Provide and Install 4'H Galvanized Chain
5 Link Fencing as per SDRSD M-06 LF 285 34.65 9,875.25
Provide and Install 10'W x 4'H Galvanized
Chain Link Double Swing Gate as per
6 SDRSD M-05 EA 1 1,825.00 1,825.00
Provide and Install Cable Railing as per
7 Caltrans Standard Drawing B11-47 LF 100 112.90 11,290.00
BASE BID TOTALS: 23,935.00
Additive
Bid
Provide and Install 4'H Galvanized Chain
8 Link Fencing as per SDRSD M-06 LF 180 40.80 7,344.00
Provide and Install 10'W x 4'H Galvanized
Chain Link Double Swing Gate as per
9 SDRSD M-05 EA 1 1,825.00 1,825.00
ADDITIVE BID TOTALS: 9,169.00
GRAND TOTAL: 33,104.00
CORPORATE CERTIFICATE
I, certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract;that
who signed said contract on behalf of the
Contractor, was then of said
Corporation;that said contract was duly signed for and in behalf of said Corporation by
authority of its governing body and is within the scope of its corporate powers.
I, certify that I am the Secretary of the
Corporation named as Contractor in the foregoing Contract;that
who signed said contract on behalf of the
Contractor, was then of said
Corporation; that said contract was duly signed for and in behalf of said Corporation by
authority of its governing body and is within the scope of its corporate powers.
Corporate Seal:
PARTNERSHIP CERTIFICATE
STATE OF )
ss
COUNTY OF )
On this day of 20 , before me, the undersigned, a Notary
Public in and for said County and State, personally appeared:
(Notary Seal)
known to me to be of the partners of the
partnership that executed the within instrument, and acknowledged to me that such
partnership executed the same.
Signature:
Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:
FINAL CON,RACT AMOUNTS THAT Executed in Three Original Counterparts
EXCEED THE ORIGINAL CONTRACT Bond No.: 1001234653
AMOUNT WILL BE CHARGED ADDITIONAL
PREMIUM AND FEE.INCLUDE THESE
CHARGES IN YOUR CHANGE ORDERS.
PERFORMANCE BOND
WHEREAS, the City Managertfie CitX Qf fV �ity,, on th_g, __ day of
20 , has awarded to Eugene Anthony Ci oP Jr.. , dba Felicif is
Fencing , hereinafter designated as the "Principal" , the PARADISE
CREEK FFNCII',tG . CIP NO. 25-07
WHEREAS, said Principal is required under the terms of said contract to furnish a
bond for the faithful performance of said contract.
NOW, THEREFORE, we, the Principal and
American Contractors Indemnity Company as surety, are held and firmly
bound unto the City of National City, hereinafter called the "City", in the penal sum of
(Thirty-Three Thousand, One Hundred Four Dollars ($33,104.00) lawful money of the
United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal,
his/her or its heirs, executors, administrators, successors or assigns, shall in all things
stand to and abide by,and well and truly keep and perform the covenants,conditions and
agreements in the said contract any alteration thereof made as therein provides, on his
or their part, to be kept and performed at the time and in the amount therein specified,
and in all respects according to their true intent and meaning, and shall indemnify and
save harmless the City of National City, its officers, agents, employees, and volunteers as
therein stipulated, then this obligation shall become null and void; otherwise it shall be
and remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the
work to be performed herein or the specifications accompanying the same shall in any
wise affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or additions to the terms of the contract or to the
work or to the specifications.
In the event suit is brought upon this bond by the City and judgment is recovered, the
surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's
fee to be fixed by the Court.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on the 19th day of September , 20 25 .
American C olersirtelCrtt y (SEAL) Felicific Fencing (SEAL)
By (SEAL) By (SEAL)
Jeremy Crawford,Attorney-In-Fact (SEAL) Eugene Anthony Cioe Jr.,Owner (SEAL)
Surety Principal
PERFORMANCE BOND
ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
On this 19tn day of September , 20 25 , before me, the undersigned, a Notary
Public in and for said County and State, personally appeared
Jeremy Crawford known to me to be the person
whose name is subscribed to the within instrument as the attorney-in-fact of the
American Contractors Indemnity Company , the corporation named as Surety
in said instrument, and acknowledged to me that he subscribed the name of said
corporation thereto as Surety, and his own name as attorney-in-fact.
NOTE: Signature of those executing for NOTE: The Attorney-in-fact must attach a
Surety must be properly certified copy of the Power of
acknowledged. Attorney.
M. NINAS
eALL'SSA
NotaryPublic-Minnesota
y Commission Expires Jsn.31,2029
Signature: ' C-
Name (Type or Print): Aliissa M.Ninas
Notary Public in and for said County and State
My Commission expires: January 31st,2029
FINAL CON i-RACT AMOUNTS THAT Executed in Three Original Counterparts
EXCEED THE ORIGINAL CONTRACT Bond No.: 1001234653
AMOUNT WILL BE CHARGED ADDITIONAL
PREMIUM AND FEE.INCLUDE THESE
CHARGES IN YOUR CHANGE ORDERS.
PAYMENT BOND
WHEREAS, the City Manager of theCity OfNational City, on the day of
, 20 has awarded ;Eugene Anthbny Cioe Jr. dba
Felicific Fencing , hereinafter designated as the "Principal" ,
the PARADISE CREEK FENCING , CIP N0. 25-07
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225)
and Chapter 7 (commencing at Section 3247),Title 15, Part 4, Division 3 of the California
Civil Code to furnish a bond in connection with said contract;
NOW, THEREFORE, we, the Principal and American Contractors Indemnity Company
as surety, are held and firmly bound unto the City of National City, hereinafter called the
"City", in the penal sum of (Thirty-Three Thousand, One Hundred Four Dollars
($33,104.00) lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its
subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay
any of the persons named in Section 3181 of the California Civil Code, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed by
any such claimant, or for any amounts required to be deducted, withheld, and paid over
to the Franchise Tax Board from the wages of employees of the Contractor and his
subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with
respect to such work and labor the Surety will pay for the same in an amount not
exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond,
a reasonable attorney's fee, to be fixed by the Court.
This Bond shall inure to the benefit of any of the persons named in Section 3181 of
the California Civil Code, so as to give a right of action to such persons or their assigns in
any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change, extension of time
for performance, addition, alteration or modification in, to, or of any contract, plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement hereinabove described or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, not by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement hereinabove described, nor by any rescission or attempted
rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise
entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond
and that this bond be construed most strongly against the Surety and in favor of all
persons for whose benefit such bond is given, and under no circumstances shall Surety be
released from liability to those for whose benefit such bond has been given, by reason of
any breach of contract between the owner of Public Entity and original contractor or on
the part of any obliges named in such bond, but the sole conditions of recovery shall be
that claimant is a person described in Section 3110 or 3112 of the California Civil Code,
and has not been paid the full amount of his claim and that Surety does hereby waive
notice of any such change, extension of time, addition, alteration or modification herein
mentioned.
IN WITNESS WHEREOF three identical counterparts of this instrument,each of which shall
for all purposes be deemed an original thereof, have been duly executed by the Principal
and Surety above named, on the 19th day of September , 20 25 .
American Co em ' Company (SEAL) Felicific Fencing (SEAL)
By �- (SEAL) B (SEAL)
Jeremy Crawford,Attorney-In-Fact (SEAL) Eugene Anthony Cioe Jr.,Owner (SEAL)
Surety Principal
ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
On this day 19th of September , 20 25 , before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
Jeremy Crawford known to me to be the person
whose name is subscribed to the within instrument as the attorney-in-fact of the
American Contractors Indemnity Company , the corporation named as Surety
in said instrument, and acknowledged to me that he subscribed the name of said
corporation thereto as Surety, and his own name as attorney-in-fact.
NOTE: Signature of those executing for NOTE: The Attorney-in-fact must attach a
Surety must be properly certified copy of the Power of
acknowledged. Attorney.
ALLISSA M. NINAS
Notary Public-Minnesota
Signature: My Commission Expires Jan.31,2029
Name (Type or Print): Allissa M.Ninas
(Notary Public in and for said County and State)
My Commission expires: January 31st,2029
ATTACH ALL BONDS
TOKIOMARINE
HCC
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding
Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation
and U.S. Specialty Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute
and appoint:
Jeremy Crawford, Michael D. Williams, William J. Nemec, Tanya Fukushima, William Gerber,
Bradford J. Quiri, Amanda M. Quigley, or Andrea Haight of Golden Valley, Minnesota
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances,
undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety,
providing the bond penalty does not exceed *****Five Million and 00/100***** Dollars
( `*$5,000,000.00** ).This Power of Attorney shall expire without further action on April 23ro,2026.This Power of Attorney is granted
under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby
vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the
Company subject to the following provisions:
Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any
and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents
for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents
canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon
the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any
certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding
upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
18th day of April 2022.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY
UNITED ST61T�S,SURET,YZQMPANY LL&4,PECIA4 dl1SURANCE COMPANY
E&
o. a ... a?4'.e•,
State of California Y/. '•;__ �=
�ii fRR.M.IMO i�s�r: •2�zWi V =�: ,. � o
County of Los Angeles =�� �� -;�;.., g�;'3i'•. r';= S `` By:
`''+.°•!uroaM`s�a" s'"y •OF iE aF
Daniel P.Aguilar,Vice President
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
On this 18t'day of April 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P.Aguilar,Vice President of
American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance
Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument
the person,or the entity upon behalf of which the person acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS m hand and official seal. SOWA0.CARRM
Y notary Public-Ul+torna
Los Arlo"County I:
Cammisslon 9 2398710 -
I `My Comm.Expires W 23,2024
Signature (seal)
I, Kio Lo, Assistant Secreta;V American Contractors Indemnity Company, Texas Bonding Company, United States Surety
Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power
of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors,
set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this
19th day Of September 2025
iW!CiOt!i „o•Np`i jyQ,,. �„*""g'V ,'i �9Y�nsur��`o�
Corporate Seals °Y,
Bond No. 1001234653 d j( ••\°sus p 7 v agar' _y' c + 32
Agency No. 19903-PDF POA '`�� `�
-.> g`x '30 •.. er` Kio Lo, Assi Secretary
HCCSMANPOA02/2023
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