HomeMy WebLinkAbout2001 CON CDC Harbor Bay - Demolition 720 W 23rd St.CONTRACT
Demolition at 720 W. 23rd Street
THIS CONTRACT, made and entered into this 12th day of, February 2001 by and between the
Community Development Commission of the City of National City, California, herein after
designated as the "CDC", and Harbor Bay Inc., hereinafter designated as the "Contractor".
WITNESSETH: that the parties hereto do mutually agree as follows:
1. For and in consideration of the payments and agreements hereinafter mentioned to be made
and performed by the CDC, the Contractor agrees with the CDC to furnish all materials and labor
for:
Demolition at 720 W. 23rd Street
and to perform and complete in a good and workmanlike manner all the work pertaining thereto
shown on the plans and specifications therefore; to furnish at his own proper cost and expense all
tools, equipment, labor and materials necessary therefore; and to do everything required by this
agreement and the said plans and specifications.
2. For furnishing all said materials and labor, tools and equipment, and doing all the work
contemplated and embraced in this Contract, also for all loss and damage arising out of the nature
of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties
which may arise or be encountered in the prosecution of the work until its acceptance by the
CDC and for all risks of every description connected with the work; also, for all expenses
incurred by or in consequence of the suspension or discontinuance of work, except such as in
said specifications are expressly stipulated to be borne by the CDC and for well and faithfully
completing the work and the whole thereof, in the manner shown and described in the said plans
and specifications, the CDC will pay and the Contractor shall receive in full compensation
therefore the lump sum price, or if the bid is on the unit price basis, the total price for the several
items fiunished pursuant to the specification, named in the bidding sheet of the proposal, as the
case may be.
3. The CDC hereby promises and agrees to employ, and does hereby employ said Contractor
to provide the materials and to do the work according to the terms and conditions herein
contained and referred to for the price aforesaid and hereby conditions set forth in the
specification; and the said parties for themselves, their heirs,
DEMOLITION AT 720 W. 23rd Street
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ORIGINAL
CONTRACT (CONTINUED)
Demolition at 720 W. 23rd Street
executors, administrators, successors and assigns, do hereby agree to the full performance of the
covenants herein contained.
4. The Notice Inviting Bids, Instructions To Bidders, Bidder's Proposal, Forms, Bonds,
Standard Specifications, Regional Standard Drawings, Addendums (if any), Special Provisions,
Bonds, Non -Collusion Affidavit, Designation of Sub -contractors, Emergency Notification List
and all amendments thereof, arc hereby incorporated in and made part of this Contract.
5. The Contractor shall assume the defense of and indemnify and save harmless the
Community Development Commission of the City of National City and their officers, employees,
and agents, including the private engineer, from all claims, loss, damage, injury and liability of
every kind, nature and description, directly or indirectly arising from this Contract, or the
performance of the work, regardless of responsibility or negligence.
6. Claims, disputes and other matters in question between the parties to this Contract, arising
out of or relating to this Contract or the breach thereof, may be decided by arbitration if both
parties to this Contract consent in accordance with the rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out
of or relating to this Contract, shall include, by consolidation, joint order or in any other manner,
any additional person not a party to this Contract except by written consent containing a specific
reference to this Contract and Signed by CONTRACTOR, CDC, and any other person sought to
be joined. (Any Consent to arbitration involving an additional person or persons shall not
constitute consent of any dispute not described therein or with any person not named or described
therein.) This agreement to arbitrate and any agreement to arbitrate with an additional person or
persons duly consented to by the parties to this Contract shall be specifically enforceable under
the prevailing arbitration law.
Notice of the demand for arbitration is to be filed in writing with the other party to this
Contract and with the American Arbitration Association. The demand is to be made within a
reasonable time after the claim, dispute or other matter in question has arisen. In no event is the
demand for arbitration to be made after the date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in question would be barred by the
applicable statute of limitations. The award rendered by the arbitrators shall be final and
judgment may be enter upon it in accordance with applicable law in any court having jurisdiction
thereof.
DEMOLITION AT 720 W. 23`d Street
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•
CONTRACT (CONTINUED)
Demolition at 720 W. 23rd Street
7. The Contractor agrees to comply with all Local, State and Federal regulations and with all
applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970
(42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) as amended.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in
three counterparts, each of which shall be deemed an original the day and year first above
written.
CONTRACTOR:
By:
Title: President
By:
Title: Secretary
Federal ID. No. 33-0849180
CDC:
By:
Title: Chairman, Community Development Commission of the City of National City
ATTEST:
By:
Title: Executive Director of the Community Development Commission of the City of
National City
(Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be
attached.)
DEMOLITION AT 720 W. 23r1 Street
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
j�:/-.•.:!•.i:.,.c�Crt.c�.•.i�Rs�t,.�f•.Tt�t,rc_ri�tr't%r� rt!:�t/.CC/-R'�•.�N.:�t!dt!•.Ctt,.�C .mot t..�.t_rC/s�.t i...;{Tt r:�Yr< <�rc%:�tsit.:\J.>C.»t: rt.c�t•?;N
State of
County of
On 3
0-412- / tc3 le/d, l
(J
Date,
personally appeared
ersonally known to me — OR —
JANE M.FALCONER
Commission # 1152848
No-ory Pup;fC - California
Rive's:de County
My Ccx^.r '. =x •es Aug 24, 2E01
before me, cJ fit, f �J - { crk �. 1 /Vf>1Zl- tl!u b/r_
r' �ame ar Tale of Officer (ay.. lane Doe, Notary Public") \ J
'r I Ira--74. lw d i�Yl 11 /l/er cy w
Name(a) of Signer(s)
proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
gnatore 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 Do ument
(� 7
Title or Type of Document: _
Document Date: 5
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: („0, l la.n2 10 ` ( d —
J'N //cJ IV-Q'-(LP't
Individual
pd. Corporate Officer
title(s): %', St 4
_- Partner — = I Limited ' ! General
U Attorney -in -Fact
-. Trustee
Guardian or Conservator
I Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Too of thumb here
Signer's Name:
Number of Pages:
Individual
- Corporate Officer
Title(s):
- Partner — Limited
- Attorney -in -Fact
- Trustee
Guardian or Conservator
L1 Other:
Signer Is Representing:
General
RIGHT THUMBPRINT
OF SIGNER
Toc of thun-h hcre
1995 National Notary Association • 62.S Hemmel Ave. PO Box 718a • Canoga Park. CA 91309-(164
Prnn No. 5907
Reorder. Call Toll -Free 1-800 876-6827
CONTRACT (CONTINUED)
Demolition at 720 W. 23rd Street
CORPORATE CERTIFICATE
named as
who si
certify that I am the Secretarythe Corporation
ntractor in the foregoing Contract; that l„J,/,j „ T
d said contract on behalf of the Contractor, was then __/fi .R.•�
of said Corporation; that said contract was duly signed for and irfbehalf of said Corporation by
authority of its governing body and is within the scope of its corporate powers.
certify that I am the Secretary of the Corporation
J ontraplor in the Contract; that
/�vt , who signed said contract on behalf of the
Contractor, was then ; r _ of said
Corporation; that said co ract 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:
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CONTRACT (CONTINUED)
Demolition at 720 W. 23rd Street
PARTNERSHIP CERTIFICATE
STATE OF
COUNTY OF
) ss
)
On this day of , 2001, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared:
(Notarial 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:
DEMOLITION AT 720 W. 23"d Street
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