HomeMy WebLinkAbout2024 CON Dick Miller Inc. - Eastside I-805 Community Greenbelt Project CIP 22-09OWNER - CONTRACTOR AGREEMENT
EA T IDE 1-805 COMMUNITY GREENBELT PROJECT, CIP 22-09
This Owner --Contractor Agreement ("Agreement") is made by and between the City of
National City, 1243 National City Boulevard National City, California 91950 and Dick
Miller Inc* ("Contractor"), 930 Boardwalk Suite H, San Marcos, California 92078 on the
l th day ofianupr.y, 2024, 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:
,. 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 `1B" 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.
. 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.
. WORKERS' COMPENSATION INSURANCE
a) By my signature hereunder, as Contractor, [ 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.
. 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.
. 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 maybe
considered fraud and Contractor may be subject to criminal prosecution. Contractor
acknowledges nowledge 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 13, above:
(initial)
GB
(Initial)
14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orally or in any manner
other than by an arnendment in writing and signed by the Owner and the Contractor.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
Ron Morrison
Mayor, City of National City
Contractor:
Dick Miller Inc.
ti
(Owner/Officer signature)
Glen Bullock, , President
APPROVED AS TO FORM: Print name and title
Barry J. Sah itz
City Attor ey, City of National City
N/A
(Second officer signature if a corporation)
Print name and title
09015358
Contractor's City Business License No.
380204
State Contractor's License No. and Class
930 Boardwalk Suite H
Business street address
San Marcos, A
92078
City, State and Zip Code
EXHIBIT
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 nstrutin and Regional Supplements
(Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes
Permits issued by j urisdictional regulatory agencies
Electric, gas, and communications companies specifications and standards
Sweetwater Authority specifications and standards
Specifications, standards and requirements of MTS, BIAS', SANDAG, Port of San Diego
and all other agenciesthat may be adjacent and/or afft d by the project.
EXHIBIT B
CONTRACT PRICE
No,
Item Description Unit
C t~y Unit Pike
Line Total
Base Bid
1 Mobilization/Demobilizaticin
I1 $146,120. Q $146,120.00
2 ;rarveying and Construction Staling
LS 1 $52,900.00
3 Traffic Control and Pedestrian 1Control
L5 1 $98,Si 0.0Ci $98,500.00
1 Clearing and Grubbin
LS 1 $297,1fl2.00 $297,102.00
_
5 Water Pollution Control L5 1 $29,OOa.00 $29,000_00
Constructer" Curb and Gutter Type G per SDRSD G-02 LF 2235 $64.00 $146,240,00
1 Construct Asphalt Concrete Pavement TON 670 $253.00 $169,51.0_00
8 Construct Class II Aggregate Base TON 1440 534.00 $43,960.00
3 Furnish and Install Tensor TX-16C Geogrid, or Approved Equal Sy 3180 523,2.5 $73,935,00
10 Construct Curb Ramp (All Types) per Improvement Plans EA 3 $8,000.00 S24,000.00
1.1 Construct 4" PCC Sidewalk per SDRSD G-7, G-9, G-10 SF 6390 $11.00 $75,790.00
12 Construct Residential Concrete Driveway per SDRSD G-14A and G-1AD SF 2255 $ -8.00 $40,590.00
13'Construct Commercial Concrete Driveway per SDRSD G-14g SF 1050 $25.00 $26,250.00
14'Construct 8" PCC Pavement SF 800 $22.00 $17,600.00
15 install 5' High Fence Per 5D1RSD M-06 & M20 with 6-Gauge,, 1' Galvanized Mesh Midnight W ck LF 362 $138_00 $49,956.00
Each Way$39.50$45,820_00
to Construct € 3250-PSI PCC Bus Slab with i't4 Reinforcement at 12"On Center F chPositioned In the Center of the Bus Pad Slab �F 1.10 ,
17 Construct PCCThickened Edge Sidewalk SE 3150 $30,00 $94,500.00
18 Furnish and Install Traffic Logfx Speed Cushions Standard Style (Part # SC-070603-M 7'L x 6'W x 3"H) or Approved Equal EA 21 $3,681.00 $77,301.00
19 Construct 6"' Curb per SDRSD G-01 LF 30 $69.00 ___ $2,070.00
20 Relocated Water Meter and Lateral EA 2 $6,600,00. $13,200.430
21 Relocate Water Valve EA 1 $4,700.00 $4,70O.00
22'install 3' High Fence Per SDRSD M-06 & tv'1,20 with 6-Gauge, t" Gaivanized Mesh Midnight Black LF 240 $137.50 $33,000..00
23 Construct Type b Gravity Retaining Wail (1-1=4i) Per SDRSD C-09 LF 16 $.400.00 $6,400_00
24 Construct 8" PCC Pavement Maintenance Access With #4 Reinforcement at 12" On Center Both Ways SF 1510 $27.00 $40.170.00
25 Concrete Paring - Natural Grey Color _ SF 377 $19,25 S7,257.25
26 Concrete Paving - Integral Color 1 1 825 $21.00 $17,325,00
27 Concrete Paving = Banding - Integral Color I SF
205 $40,50 $S, 302.50
28 Concrete Header LI=
305 $60.00 $18,300.00
Stabilized Decomposed Granite Paving 'SF 612 $14.00 $8,568.00
30 241' Box Trees EJ 31 $495, 0 $15,34.5.00
31 Shrubs and Groundcov'er - 1 (="Jailor' EA I 265 $13.75 $3,643.75
32 Top Sol, Amended in -Place; Inc.11_riii flf, Sampling and 'resting CY I 645 $26,00 `.,16,770.00
33 Boulders-4'':Size EA I $660.00 S3,300_00
34 Boulders - 2.5' Size EA a $495.00 $1,980.00
35 6" Rock Cobble over Mirafi 1100N, or Approved Equal SF 505 $8.00 $4,040.00
36 Roc Mulct, (3" Depth) 20 $360:00 $7,200.00
37 Bv�irk Mulch (3" Depth) SF I s i5;S0
$0.55 $19,239.00
38 I urnish and Install Irrigation approve! nents, per Plans I. 1 1 591,025.00 9.I,M5.00
39 Furnis.h and Install Decorative Memorial LI ,lit Columns IEA ] 3 582,500,00 ` 2-41,500.00
40 Furnish and Install Removable Bollards EA 2 $3,255.00 $6,510.00
Al Spigot improvements / ARTS Component L.', 1 $1,700.00 $1,700.00
2 Unclassified Cxcavutl{:_ i LS 1 $150,124.00 5150,124.00
=43 Removal, Disposal and j,;i. Falac- Lent of tirisuital le- Material CY 100 $426.00 $42,600..00
4E1 ' Sigrb.r-IL and Striping LS 1 $86,611.00 586,611.00
45 Plaza and Lrclid Traffic Signal Modification - Bus Priority l3 1 $99,500.00' $99,500.00
46 Electrical Service for Column Lights at Plaza/Euclid L.5 y 561,600.00 $61,600.00
47 Solar Powered LED Illuminated Crossing (4th Street) LS 1 571,500,00 $71,500.00
48 Furnish and Install sidewalk Llnderdral per SDRSD D-27 EA 1 $400,00 $400.00
49 Furni:sh and Install Filterra Internal Bypass Curb with ADA Grates, Model: FI_PD 8x10.5 (8x14 VAULT) or Approved Equal LS 1 $101,000.00 $101,000.00
50Furnish and Install N13S Spee&D Basin Single Outlet Round Polished Brass Kit or Approved Equal
EA
1
$10,758.00
$10,758.00
51 Furnish and Install 24"x24" Brooks Box with ADA Grate or Approved Equal Set to Finished Grade
EA
1
$5, 350.00
$5,350,00
52 Furnish and Install 12" C900 PVC Pipe
LF
15
5218.00
$3,270,00
53 Construct Ty B Straight Headwall •er 5OR5D D-32
LA
1
$10,700.00
$10,700.00I
54 Furnish and Install 24" RCP
LF
82
$244.00
$20,008,0O
55 Furnish And install Modular Wetland Stormwater Biofiltration System IVIWS-L-6-8-31-6"-C-UG or Approved Equal.
EA
1
$68,000,00
$ 8,000.00
56 Construct Type A-4 Cleanout per SDRSD 0.09
EA
1
$12,20 1.00
$12,200,00
57 Construct 6" PCC Concrete Apron.
SF
125
522,00
$2,750.00
Subtotal
S'2.838:590 50
Alternate Bid
58
Solar Lighting and Foundation
l3 1 $241,500.00
$241,500,00
59
1 2" SCH 40 PVC Electrical Conduit with 45 pull boxes at 200' intervals
LS 1 $75,900,00
$75,900.00
Subtotal
$317,400_00
Total
$3,1S5,990.5O
SECTION I:
Subm itters. Name:
RESOLU' ITOTN/ORD
IRK\
Evelyn Nunez
Date received City Attorney's Office:
TIME SENSITIVE? If so, required Date:
i
Is a Certified Copy Required?
f
S4Ii 1!
CE/
G
East 1-805
EIE\.4ENT Community
RM Greenbelt Project
C1P- 22-09
Date Submitted: 1 /17/24
Who's Attention?
Does this document or any ofits attachments required i to be recorded wit County Recorder?
If yes who will be responsible for recording? Department City Clerk's Office
riResolution Ordinance
Agreement Requires City Council Actin? ayvvir ovo
Map " v'LA
Agreement/Contract/MOUsI/linendrnents (Must be signed by Contractor/Vendor before Submittal to CAO)
**If sending to Outside Agency for Signature (Department is responsible for obtaining Signatures)
/Vitt \3/4 GYM COMA\
Does Agreement Require Notary? If yes, make arrangements with Deputy City Clerk.
Additional Instructions to assist with final - processing: Please have the Mayor and City Attorney
sign the ontractor agreement. Once completed with signatures send me a copy and the
original to City Clerk for filing. Thanks, Evelyn
SECTION .11:
ONCE PROCESSED: SIGN, DATE AND FORWARD TO THE NEXT ON LIST: (If signature will be delayed please alert
Deputy City Clerk) Documents should be signed within one (1) day of receipt due to time --sensitivity of these documents.
,lIrtEury ATTORNEY — Sign and Date (Approved as to Fore can be obtained prior to City Council
0,3
Meeting) Forward to the Mayor prior to start of the City Council Meeting.
AYOR — Sign and Date (Adniin can initial here) (Make sure all signatures are complete and if the
Resolution is approving a Contract/Agreement it should also be includedfor signatures. If not, please
contact City Attor-ney's Office) Forward to the City Manager if applicable (see below) or deliver to
the Deputy City Clerk*
CITY MANAGER — Sign and Date if applicable. If Contract/Agreement require City Manager
signature — obtain following City Council Meeting and forward to Mayor's Office to be included with
Signed Resolution. This should be completed Wednesday morning following City Council Meeting.
Forward to the Mayo; or deliver to the Deputy City Clerk if Mayor Signature not required.
ADDITIOiAL DIRECTION:
For Mayor Signature — Provide documents to the Mayor at or immediately following Council Meeting for signature following
the adoption of items. If item needs amending or was continued it will be left in folder unsigned. Confirm action on Recap
provided by Deputy City Clerk following the meeting to make sure a signature wasn't just missed. if so obtain as soon as possible.
Follow-up with City Attorney for Amendment. Let Deputy City Clerk know status and timeline for processing amendment.
Deliver to City Clerk (Should be no later than the Thursday following Tuesday Meeting unless being amended by City Attorney.
If being amended send the other resolutions to City Clerk — please do not hold them)
Date Deliveredto the Deputy City Clerk: — Submitted By:
■■• •8®■ ■■■.r■■Q■E ■R■■■■■■■ ■■■•■■■■■■■■■■oA■■■■■■■■■11i■■■1'1'1/■1■■!■■U■■■w■I1■■1■■U■■1t■■
RESOLUTION/ORDINANCE/AGREEMENT TRANSMITTAL FORM 1 September2021