HomeMy WebLinkAboutRove Engineering, Inc. - Paradise Creek Wetland Expansion Project - CIP No. 21-28 - 2024 OWNER-CONTRACTOR AGREEMENT
PARADISE CREEK WETLAND EXPANSION PROJECT, CIP NO. 21-28,
BUILDING DEMOLITION
This Owner-Contractor Agreement ("Agreement") is made by and between the City of
National City, 1243 National City Boulevard National City, California 91950 and Rove
Engineering Inc("Contractor"), 398 E. Aurora Drive, El Centro, California 92243,
on the day of December, 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 of the visions of this Section 15, above:
( it! (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 Contr or
(2-1
Benjamin A. Martinez ( ner/Offic signature)
City Manager, City of National City
4.5bit/'PA /0 W"e-S rot",4--
Attest: Print name and title
Barry J. Sch Itz (Second er signature if a corporation)
City Attorney, City of National City
tieWPiCt E4e,rmi) V zsictorte
Print name and title
Oc o53(089
Contractor's City Business License No.
A - loyc�lol
State Contractor's License No.and Class
82g1 Ae.ro Pl. 441°°
Business street address
San Diego, cP °I2123
City,State and Zip Code
CORPORATE CERTIFICATE
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.
I,leSSeirlianir0 certify that I am the Secretary of the
Corporation named as Contr or in the foregoing Contract;that
E:7t(?A,n E J , who signed said contract on behalf of the
Contractor, was then Pr. I okont 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:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
On December 10th, 2024 before me, Karla Ochoa-Oceguera, Notary Public
(insert name and title of the officer)
personally appeared Steven Eugenio
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
5v. , KARIA OCHOA•OCEGUERA
WITNESS my hand and official seal. _ .: Notary Public•California w
Imperial County
Commission#2476434
EXDir.es Dec 14,2027
Sign. re \ (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego )
On December 10th, 2024 before me, Karla Ochoa-Oceguera, Notary Public
(insert name and title of the officer)
personally appeared Yessenia Eugenio
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
KARLA OCHOA•OCEGUERA
„ _ Notary Public•California
WITNESS my hand and official seal. ';_; Imperial County
i" Commission#2476434
''Lm. My Comm.Expires Dec 14,2027
Sign ure 1' Id (Seal)
EXHIBIT A
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 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.
EXHIBIT B
CONTRACT PRICE
Rove Engineering Inc
Item Num Description Unit Quantity Unit Price Line Total
1 Mobilization/Demobilization Lump Sum 1 $16,000.00 $16,000.00
2 Traffic Control and Pedestrian Control Lump Sum 1 $10,375.11 $10,375.11
3 Water Pollution Control Lump Sum 1 $10,000.00 $10,000.00
4 Construction Site Temporary Security Fence LF 425 $32.32 $13,736.00
5 Clearing, Grubbing and Building Demolition Lump Sum 1 $46,000.00 $46,000.00
6 Site Abatement of Hazardous Material Lump Sum 1 $11,000.00 $11,000.00
Subtotal $107,111.11
Total $107,111.11