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HomeMy WebLinkAbout2003 CON CDC Famania Construction - Kimball House Exterior TreatmentsCONTRACT FRANK KIMBALL HOUSE EXTERIOR TREATMENTS, FY 03-04 SPECIFICATION NO. 03-005 THIS CONTRACT, made and entered into this 15ThI day of JULY, 2003 by and between the Community Development Commission of the City of National City, California, herein after designated as the "CDC", and FAMANTA CONSTRUCTION, INC., hereinafter designated as the "Contractor". W1TNESSETH: 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 City, the Contractor agrees with the City to furnish all materials and labor for: FRANK KIMBALI, HOUSE EXTERIOR TREATMENTS, FY 03-04, SPECIFICATION NO. 03- 005, 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, including Base Bid and Additive Alternative Bid No. 1 and 2. 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 City 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 he borne by the City 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 City 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 fumished pursuant to the specification, named in the bidding sheet of the proposal, as the case may be. 3. The City 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 hercin contained and referred to for the price aforesaid and hereby conditions set forth in the specification; and the said parties for themselves, their heirs, ORIGINAL 24 CONTRACT (CONTINUED) FRANK KIMBALL HOUSE EXTERIOR TREATMENTS, FY 03-04 SPF,CIFICATION NO. 03-005 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, Bid Proposal, Bonds, The Plans and Specifications, General Provisions and Special Provisions, and all amendments thereof, are hereby incorporated in and made part of this Contract. 5. The Contractor shall assume the defense of and indemnify and save harmless the City of National City and its 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, joinder 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, CITY, 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 he 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 judgement may be enter upon it in accordance with applicable law in any court having jurisdiction thereof. 25 CONTRACT (CONTINUED) FRANK KIMBALL HOUSE EXTERIOR TREATMENTS, FY 03-04 SPECIFICATION NO. 03-005 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. 1N WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, eac . • which shall be deemed an original the day and year first above written. CONT CITY: Title: By:__ Title: Federal ID. No. 3 3 -CGS-5 j 3 S� By: Title: Mayor, City of National City ATTEST: By: Title: City Clerk, City of National City (Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must be attached.) 26 CONTRACT (CONTINUED) FRANK KIMBALL HOUSE EXTERIOR TREATMENTS, FY 03-04 SPECIFICATION NO. 03-005 CORPORATE CERTIFICATE 1, vt.e.to t certify that I am the Secretary of the Corporation named as Cointractor in the foregoing Contract; that ( Ak r vt tct et t who signed said contrac) on behalf of the Contractor, was then 'C S' t e.h 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 Scal: 27