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HomeMy WebLinkAboutWright Construction Engineer Corp.w `. OWNER - CONTRACTOR AGREEMENT PARADISE CREEK EMERGENCY REPAIR EMERGENCY CONTRACT This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, CA 91950 and Wright Construction Engineering Corp. ("Contractor"), 2625 S. Santa Fe Ave, San Marcos, CA 92069, on the 24th day of April, 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: 1. 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 "B" 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. , 5. 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. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I 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. 8. 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. 9. 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 may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges 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. I have read and understood all offtthe �provisions of this Section 13, above: (Initial) (Initial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Bo t A w. i <n A- Nor- ine - City Manager, City of National City APPROVED AS TO FORM: By: � Barry1. Schultz City Attorney Contractor: Wright Construction Engineering Corp. (Owner/Officer signature) Wesley Wright- President Print name and title See Attached Corporate Resolution (Second officer signature if a corporation) Print name and title 09049155 Contractors City Business License No. 995153 State Contractor's License No. and Class 2625 S Santa Fe Ave. Business street address San Marcos, CA 92069 City, State and Zip Code CERTIFICATE OF CORPORATE RESOLUTION WRIGHT CONSTRUCTION ENGINEERING CORP. I, Wesley Wright, President of Wright Construction Engineering Corp., organized and existing under the laws of California and having its principal place of business at 3725 Trieste Dr. Carlsbad, California, hereby certify that the following is a true copy of a resolution adopted by the Board of Directors of the Corporation at a meeting convened and held on July S1k2014 at which a quorum was present and voting throughout and that such resolution is now in full force"ana effect and is in accordance with the gay D provisions of the charter and by-laws of the Corporation. s, 1,- �11% w' 8 C� r�W rn' u r, n h" .s I,further certify,thatthis, Corporption,is called for by1he foregoing resolution. DIRECTORS President Vice President��� Secretary Treasurer Witness my hand seal of this corporation on this lst day of July, 2014. Date Date Date Date Co take the ac%& n' r EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Exhibit B: Bid Schedule Exhibit C: Scope of Work Addenda San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional. regulatory agencies Electric, gas, and communications companies' specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. v EXHIBIT B CONTRACT PRICE FOR 'I_ 11 Wright Construction Engineering Corp 2625 S Santa Fe Ave., San Marcce, CA 92069 P:(760) 599.3915, F:(760) 599-3920 4122124 BILL TO FOR City of National City Emergency Storm Damage Repairs Attn: Engineering 8 Public Works Department from January 22. 2024 Storm 1243 National City Blvd., National Ckv_ CA 91950 Item Derails Units Cluarift Unit Price AMOUNT Mobillzator✓Demobilhation LS 1 3000.00 $3,000.00 Remove Sediment from 18" RCP Diversion Pipe 8 Basin LS 1 $7,538.92 $7,538.92 Install 1-Ton RID Rap TN 415 $140.00 sm.100.00 Excavate 8 Re it Channel Bottom from 1122124 Storm LS 1 S7.361.138 S7.361.08 Pump Out Standing Storm Water in Creek LS 1 $1.6DO.00 $1,15M.00 Excavate B Compact Slopes Damaged from 1/22/24 Storm ILS it $16,400.00 $16,400.00 OTHER .00 $0.00 TOTAL 94 000.00 EXHIBIT C SCOPE OF WORK The scope of work is to repair the damaged slope along the upstream portion of Paradise Creek along Paradise Valley Rd from Plaza Blvd to the eastern National City Limit. The scope of work includes excavation and compaction to repair the damaged slopes, installing filter fabric, filter blanket, and rip rap along the channel, removal of sediment from the 18" RCP diversion pipe at the biofiltration basin along the creek, minor excavation to repair the channel bottom, and pumping out ponded water within the channel at the culvert inlet. CORPORATE CERTIFICATE 1, Wesley Wright certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Wesley Wright , who signed said contract on behalf of the Contractor, was then President 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. 1, Wesley Wright certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Wesley Wright who signed said contract on behalf of the Contractor, was then President 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 Seal: