HomeMy WebLinkAbout2003 CON CDC Clauss Construction - Demolition Harrison AvenueCONTRACT
Demolition at 2131 Harrison Ave.
THIS CONTRACT, made and entered into this 18th day of, March 2003 by and between
the Community Development Commission of the City of National City, California,
herein after designated as the "CDC", and Clauss Construction, 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 2131 Harrison Ave.
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 Toss 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 thc 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 furnished
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 thc 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,
ORIGINAL
CONTRACT (CONTINUED)
Demolition at 2131 Harrison Ave.
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, are 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 accordancc 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 thc demand for arbitration is to be filed in writing with thc 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 he 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 entered upon it in accordance with applicable law in
any court having jurisdiction thereof.
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CONTRACT (CONTINUED)
Demolition at 2131 Harrison Ave.
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:
CDC:
By: Cettc O/.l
Title: fi
Title: _
Federal ID. No. Ogrri9
By:
Title: Chairman, Community Development Commission of National City
ATTEST:
By:
Title: Executive Director, Community Development Commission of National
City
(Notarial acknowledgement of execution by all PRINCIPALS OF CONTRACTOR must
be attached.)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of Califomia
County of 1� 1e.C,,0
SS.
On _ - 28 - C .2 , before me, 7 ..41 L71 r\q ,, f n-cq %J� L I �-
Date Q Name and Tale of w r (e.g., 'Jane Doe, Notary Public:-)
personally appeared _ / f��re.-i CJC ih - C VAL%SS
Narne(s) of Signer(s)
personally known to me
3 proved to me on the basis of satisfactory
evidence
T. DENNY
Commiulon # 1391881
Notary public - California
San Di•go County
My Comm. ExpYtrs Jan 7, 2007
place Notary Seal Above
to be the person whose name' is/are
subscribed to th within instrument and
acknowledged to me that he/aheitheyexecuted
the same in his/t-ret/tttetr authorized
capacity(s, and that by his/Over/their
signature on the instrument the person9S.), or
the entity upon behalf of which the person)
acted, executed the instrument.
WITNESS my hand and official seal.
Slgnalure of Notar -ublic
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 Document
Title or Type of Document: C.eY1TLi2i-e
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
L Individual
Corporate Officer — Title(s):
=l Partner — LiLimited L General
i Attomey in Fact
1- Trustee
J Guardian or Conservator
• .! Other:
Signer Is Representing: __.
RIGHT THUMBPRINT
OF SIGNFR
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(7997 National Notary Association • 9350 De Soto Ave.. 1-0 Box 2402 • Chatsworth. CA 01313 2402 Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827
CONTRACT (CONTINUED)
Demolition at 2131 Harrison Ave.
CORPORATE
►yCERTIFICATE
,Ce i II . (i4 ('� certify that I a�x�(ig Secrets of the orporation named as
Contractor in the foregoing Contract; that tZ T CL M. ClCtusc
who d said. contract on behalf of the Contractor, was then,,
e[* 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, lPa4-ric net _OSLS certify that I am the Secretary of the
rporation named ttontractor in the foregoing Contract; that
VVYl• (t,1S , who signed said contract on behalf of the
Contractor, was then _Dar
of said Corporation; that said contract was my 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)
Dcmolition at 2131 Harrison Ave.
PARTNERSHIP CERTIFICATE
STATE OF
) ss
COUNTY OF
On this day of , 2003, 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:
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