The URL can be used to link to this page

Home My WebLink About1998 CON CDC Fierro Construction - Drainage - National City Blvd.CONTRACT AGREEMENT PUBLIC WORKS THIS AGREEMENT, made this 4`h day of September, 1998, by and between the Community Development Commission of the City of National City, California, hereinafter referred to as "Owner", acting herein through its Chairman, and Fierro Construction Co., of the C'.ounty of San Diego, and State of California hereinafter referred to as "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as Installation of Drainage at 3300 National City Boulevard (Per Exhibit "A", Scope of Work), herein after referred to as the "Project", for the sum of Four Thousand, Eight Hundred Dollars ($4,800.00) and all extra work in connection therewith, under the terms as stated in the General and Special Provisions of the contract; and, his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendents, labor, insurance, sales tax, and other accessories and services necessary to complete the said Project in accordance with the conditions and prices stated in the bidder's proposal or bid. The General Provisions and Special Provisions of the contract and plans, which include all maps, plats, blueprints, other drawings, and printed or written explanatory matter thereof, the specifications and Contract Documents therefore, all which arc made a part hereof and collectively evidence and constitute the Contract. COMPLIANCE WITH LAWS: (a) If the contract includes work of construction and the contract sum is in excess of Ten - Thousand Dollars ($10,000), compliance with Executive Order 11246, dated October 13, 1967, entitled, "Equal Employment Opportunity", as supplemented by the Department of Labor Regulations (41 CFR Chapter 60); (b) If the contract includes work of construction or repair, compliance with the Copeland Anti -Kickback Act, 18 U.S.C. Sections 874 et seq., as supplemented by the Department of Labor Regulations (29 CFR Part 3); (c) If the Contract includes work of construction and the Contract Sum is in excess of Two -Thousand Dollars ($2,000), compliance with the Davis Bacon Act, 40 U.S.C. Sections 276a-a7, as supplemented by the Department of Labor Regulations (29 CFR Part 5), and with Sections 103 and 108 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. Sections 327 et seq., as supplemented by the Department of Labor Regulations (29 CFR Part 5); (d) If the Contract Sum is in excess of One -Hundred Thousand ($100,000), compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clear Air Act, 42 U.S.C. Section 1857(h), Section 508 of the Clean Water Act, 33 U.S.C. Section 1368, Executive Order 11738 and Environmental Protection Agency regulations, 40 CFR Part 15; Page 1 of 4 ORIGINAL (e) Compliance with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act, Public Law 94-163; and (f) Contractor shall provide and pay for all licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the work. Certificates showing the payment of any such licenses or royalties and permits for the use of any patented or copyrighted devices shall be secured and paid for by the Contractor and delivered to the Agency on completion of the work. LIQUIDATED DAMAGES: The CONTRACTOR hereby agrees to commence work under this Contract on or before the date to be specified in the OWNER'S written 'Notice to Proceed" and to fully complete the Project within 30 working days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $100.00 for each consecutive calendar day that he/she is in excess of the time specified for completion. TERMINATION OF CONTRACT: (a) This section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The Agency reserves the right to terminate this contract at any time, with or without cause, upon thirty (30) days' written notice to the contractor, except that where termination is due to the fault of the contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. in addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to the Agency, except that where termination is due to the fault of the Agency, the period of notice may be such shorter time as the contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Payment or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the terminating party need not provide non -terminating party with the opportunity to cure pursuant to Section 7.2; (b) If termination is due to the failure of the Contractor to fulfill it's obligations under this Agreement, the Agency may, after compliance with the provisions of Section (a) above, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the contract required hereunder exceeds the compensation herein stipulated (provided that the Agency shall use reasonable efforts to mitigate such damages), and the Agency may withhold any payments to the Contractor for the Page 2 of 4 purpose of setoff or partial payment of the amounts owed the City as previously stated; (c) If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Contract, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. REPORTS: (a) The Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the contract required by the bid documents; (b) The Contractor shall keep, and require the subcontractors to keep, such books and records as shall be necessary to perform the services to the Contract and enable the Contract Officer to evaluate the performance of such work. The Contract Officer, the Department of Housing and Urban Development, the Controller General of the United States, and their duly authorized representatives shall have full and free access to such books and records at all times during normal business hours of the Agency, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract, subject to additions and/or deductions, as provided in the General Provisions of the Contract and to make payments on account thereof. IN WITNESS WHEREOF, the parties to these presents have executed this Contract in THREE (3) counterparts, each of which shall be deemed an original, the year and day first mentioned above. Signature Page to follow Page 3 of 4 APPROVED AS TO FORM: George H. Eiser, City/CDC Attorney (CONTRACTOR) Licensed in accordance with an Act providing for the Registration of Contractors License No. 284721, Class B, C8, C29 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (OWNER) By: [edas George H. Waters, Chairman FIERRO CONSTRUCTION CO. (CONTRACTOR) Business Address: 6002 San Miguel Road Bonita, CA 91902 Phone Number: (619) 267-4875 Facsimile Number: (619) 267-4164 Page 4 of 4 FIEIttIO CONSTRUCTION COMPX$ Y STATE LIC NO 284721 B,C8,C29 6602 SAN MIGUEL RD BONITA CA 91920 PHONE 267-4875 FAX 267-4164 AUGUST 23,1998 CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT ATTN: PAUL OR DAVID I PROPOSE TO FURNISH ALL EQUIPMENT AND PERFORM ALL LABOR NECESSARY TO COMPLETE THE FOLLOWING: IN EMPTY LOT (OLD RCP YARD), NATIONAL CITY BLVD, CLEAN DITCH IN CORNER OF LOT. INSTALL 12" PLASTIC DRAIN LINE. APPROX 235 LIN FT. POUR CONCRETE APRON IN FRONT OF DRAIN LINE ON SIDE STREET OF TRAILER PARK. INSTALL METAL GUARD ON FRONT AND END OF PIPE OPENING. SLOPE PIPE FOR PROPER DRAINAGE. BACKFILL DITCH WITH SOIL ON LOT. ALL OF TIIE ABOVE WORK TO BE COMPLETED IN A SUBSTANTIAL AND WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES FOR THE SUM OF: FOUR THOUSAND EIGHT HUNDRED DOLLARS (S4800.00) PRICE INCLUDES ALL LABOR AND EQUIPMENT TERMS ANY ALTERATION OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING EXTRA COST OF EQUIPMENT OR LABOR WILL ONLY BE EXECUTED UPON WRITTEN ORDERS FOR THE SAME AND WELL BECOME AN EXTRA CHARGE OVER THE SUM MENTIONED IN THIS CONTRACT. ALL AGREEMENTS MUST BE MADE IN WRITING. RESPECTFULLY SUBMITTED, FWRRO CONSTRUCTION COMPANY ACCEPTED BY: ffiIBIT "A" 8AgE26717'8 PRODUCER S.J.P. INSURANCE SERVICES 42f144 ES4wrrnan Way, H103 CPCMita Park CA 91303 ia160 140.0007 INSURED FIERRO CONSTRUCTION COMPANY 6602 SAN MIGUEL ROAD BONITA, CALIFORNIA 91902 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A SAVERS PROPERTY AND CASUALTY COMPANY a COMPANY COMPANY D COVERAGES • •• •• • • , • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR CH HER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co • TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MAMMY) DATE (MM/DDNY) GENERAL LIABILITY A X • COMMERCIAL GENERAL LIABILITY ; . I CLAIMS MADE ( X ! OCCUR X OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO • • ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS i GARAGE LIABILITY : ANY AUTO ACAC10006225CA9807 07-31-98 07-31-99 GENERAL AGGREGATE F— $_1.4 00.0 PRODUCTS - COMP/OP AGG 1 10001 000 50,000 EACH OCCURRENCE $ 500,000 FIRE DAMAGE (Any we Ike) $ 50,000 MED EXP (Any one person) I $ 1 • 0 0 0 PERSONAL & ADV INJURY i EXCESS UABIUTY UMBRFI LA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERSLIABILITY THE PROPRIETOR/ PART NERS/EXECUTIVE OFFICERS ARE: !OTHER ; INCL I : EXCL DESCRIPTION OF OPERAT/ONSILOCATIONSNEHICLES/SPECIAL ITEMS 1 REICEIV'm AUG 1 4 i` Con- COMBINED SINGLE LIMIT , $ BODILY INJURY s (Per person) BODILY INAJRY (Per accident) PROPERTY DAMAGE $ 1 AUTO ONI.Y - EA ACCIDENT . S : 0 DIEFI THAN AUTO ONLY. " I EACH ACCIDEN I $ AGGREGATE i $ EACH OCCURRENCE $ AGGREGATE ! $ $ WC-S1ATu- TORY LIMITS L I ER ! EL EACH ACCIDENT I $ EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE I $ ERTIFICATE HOLDER EreifelOP TAN eatiligunoti „ , 7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NATIONAL CITY C.D.C. 140 12th STREET SUITE 13 NATIONAL CITY, CA 91950 ATTN: MR. DESROCHER . . - EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALS. IMPOSE -NO OBLIGATION on LIABILITY Of ANY KIND UPON 4H QNPANY/CTa'OR REPRESENTATIVES. AUTIKIRITED REPRESENT ACOAD OCAPORAPON 1988