HomeMy WebLinkAboutAngelus Waterproofing & Restoration, Inc. - National City Library Traffic Coating - CIP No. 25-12 - 2025 Docusign Envelope ID:BC577AAE-23D8-4625-91C7-1EAE3C1E9BEC
OWNER-CONTRACTOR AGREEMENT
NATIONAL CITY LIBRARY—TRAFFIC COATING, CIP 25-12
This Owner-Contractor Agreement ("Agreement") is made by and between the City of
National City, 1243 National City Boulevard National City, California 91950 and Angelus
Waterproofing& Restoration, Inc. ("Contractor"), 340 Vernon Way, Unit J, El Cajon, CA
92020 on the 18th day of June 2025, 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.
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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
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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 khe provisions of ttion 15, above:
SC
(Initial) (Initial)
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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: Contractor:
Angelus Waterproofing&
Re5X r5atisvy, Inc.
DOCX0C0000MCC...
SC tt W. Huth, In erim City Manager (Owner/Officer signature)
Shaun Geiger CEO
Approved as to form:
Selt44/6#
Prin ncuameyned b and y:title
/— oSi
Barry J. Sc It ity Attorney lS
uoaoorwi aewas...
(Second officer signature if a corporation)
Stephan Claus president
Print name and title
Contractor's City Business License No.
State Contractor's License No.and Class
Business street address
City,State and Zip Code
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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.
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EXHIBIT B
CONTRACT PRICE
(NOTE- TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS)
Docusign Envelope ID:BC577AAE-23D8-4625-91C7-1EAE3C1E9BEC
ANGELUS
CONSTRUCTION CONTRACT PROPOSAL PROJECT: National City Library-Traffic Coating
To:Garland Date:3/17/2025
Attn:Luke Foster Proposal:03-17-025-DF
David Felix I Email:davidf@angeluswp.com I Cell:619-607-8700
1. SCOPE
This proposal is based on EXISTING SITE CONDITIONS;AWR intends to furnish the labor and supervision,materials and required equipment to perform the following work on the above
referenced project,and for the Buyer,and the below listed Scope of Work only;including ALL Clarifications and Specific Exclusions.
NO. DESCRIPTION: QUANTITY: PRICE:
1. See Garland Report for Scope of Work for Area 1&2 Scopes: 2 Areas $57,695
.Il111811r
VIM Photo Report
Client: City of National City
Report Date: 03/12/2025
Facility: Library
Title: Leak Repair Scope
Roof Section: Entire
Area 1
1.)Joint Sealant:Remove and replace all existing joint sealant with new backer rod and Green-Lock Sealant XL.
2.)Sheet metal pans:Remove caulking at joints.Apply new UniBond ST reinforcement tape.First coat over tape with
Cool-Sil HB,then coat entire pan with Cool-Sil HB.
3.)Penetrations:Seal all pipe penetrations and pitch pans with TuA=Flash Plus LOliquid flashing and Grip Polyester 6'
Caulk collars with new Tuff-Stuff MS urethane caulking.
4.)Coping Joints:Remove existing caulking and re-seal with new Tuff-StuffMSurethane caulking.
Area 2
1.)Joint Sealant:Remove and replace all existing joint sealant with new backer rod and Green-Lock Sealant XL.
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ANGELUS
2. CLARIFICATIONS
1. Breakout prices are for information only,price will change if scope written above changes. 2. Lump-sum change orders ONLY,NO'T&M'work.
3. Insurance included:Work Comp,General Liability,Automobile Liability and Umbrella. 4. 5 days advance notice for mobilization is required.
5. Work is to be performed in strict accordance with agreed upon schedule with Buyer. 6. Flood,leak and other testing must be done by Others.
7. Price is based upon 1 mobilizations/'move-in';$2,000/ea.additional or delayed'move-in'. 8. Labor is based on straight-time work,no overtime.
9. All work is to be performed as per manufacturer's specifications and recommendations. 10. Labor is based on affiliated Union wages.
3. EXCLUSIONS
1. All other caulking,sealants and joint fillers and required backing than listed above in Scope. 2. Permits,testing and inspections and all associated fees.
3. Temporary site facilities,storage,dumpsters,hoisting,temporary power and water. 4. Man lifts,aerial lifts,swing stages and scaffolding.
6. Water stop at concrete,CMU and other cold joints.
7. All items not included in Scope of Work written above are specifically excluded herein. 8. Design,engineering,CADD design,and the like.
9. All sheet metal flashing(i.e.L-metal,drip edge,counter flashing,coping metal,etc.). 10. Expansion joints and covers and assemblies.
11. Good and Safe access to work areas is excluded.This must be provided by Others. 12. Soils,gravel,overburden,and related labor.
13. Top grade determination(e.g.line must be snapped by others). 14. Waiver of Subrogation Endorsement.
15. All sloping of decks,balconies,roofs,walls and in planters. 16. Performance and Payment Bonds(3.875%).
17. All gravel,drain pipe,filter fabric,excavation,back fill,etc. 18. All other Labor Agreements.
4.TERMS
This bid is contingent upon our review of your'standard subcontract agreement,the following"Conditions"and mutual agreement of terms.This quotation is null and void if not accepted
within 30 days from the above date,and is contingent upon strikes,fires,accidents,labor or material price increases.Any document not attached to the mutually agreed subcontract shall be
effective only if furnished and specifically accepted by Angelus Waterproofing&Restoration and any incorporating by reference is intended for the sole purpose of establishing the necessary
materials and manner of their installation.All prices are based on clean,dry and sound conditions of substrate.
5. CONDITIONS
Acceptance of this proposal by buyer shall be acceptance of all terms and conditions recited herein which shall supersede any conflicting term in any other contract document. Any of the
buyer's terms and conditions in addition or different from this are objected to and shall have no effect. Buyer's agreement herewith shall be evidenced by buyer's signature or initials on any
page of the total proposal,by means of all other legal binds by permitting Seller to proceed with production,material orders and any aspect of administration.
2.)Seller shall be paid monthly progress payments on or before the 15.of each month for the value of the work
1.)If this agreement is terminated for convenience by the Buyer for any reason other than cancellation of contract completed plus the amount of materials and equipment suitably stored on or off site.Final payment shall be due
between Owner and Buyer,the Seller shall be reimbursed for all costs and be paid 25%of the original contract 30 days after the work described in the proposal is substantially completed.No provisions of this agreement shall
amount to cover anticipated overhead and profit. serve to void the Seller's entitlement to payment for properly performed work or suitably stored materials.
3.)The Buyer will withhold no more retention from the Seller than is being withheld by the Owner from the Buyer 4.)All sums not paid when due shall bear interest at a rate of g reasonable attorneys fees,shall be paid by Buyer.
6.)No back charges or claim of the Buyer for services shall be valid except by an agreement in writing by the Seller
S. Nothing in this agreement shall require Seller to continue performance if timelybefore the work is executed,except in the case of the Seller's failure to meet any requirements in the subcontract
g q payments are not made to agreement.In such event,the Buyer shall notify the Seller of such default,in writing,and allow the Seller
Seller for suitably performed work and stored materials. reasonable time to correct any deficiency before incurring any cost chargeable to the Seller.
8.)Seller shall be given sufficient time in which to make delivery of materials or labor to commence and complete
7.)Buyer is to prepare all work areas as to be acceptable for the Seller under contract.Seller shall not be called the performance of the contract.Seger shall not be responsible for delays or defaults where occasioned by any
upon to start work until quantities of work as outlined in the proposal,or sufficient to insure continued work,are causes of any kind and extent beyond its control,including,but not limited to:delays caused by owner,general
ready. contractor,architect and/or engineers,delays in transportation,shortages of raw material,civil disorders,labor
difficulties,vendor allocations,fires,floods,accidents or acts of God.Seller shall be entitled to equitable
adjustments in the contract amount for additional costs due to unanticipated project delays or accelerations.
9.)All workmanship is guaranteed against defects in workmanship for a period of one year from the date of 10.)Work called for herein to be performed during the Seller's regular working hours.All work performed outside
installation.This warranty is in lieu of all other warranties,expressed or implied,including any warranties of of such regular working hours shall be charged for at rates or amounts agreed upon by the parties at the time in
merchantability or fitness fora particular purpose.The exclusive remedy shall be that the Seller will replace or which overtime is authorized.
repair any part of its work which is found to be defective.
11.)Any notice or written claim required by the contract documents to be submitted by the Buyer,on account of 32.)The standard subcontract form used between Seller and Buyer shall be,or be consistent with,the current AIA
changes,extras,delays,acceleration,or otherwise,shall be furnished within a time period and in a manner to Standard Form Subcontract Document A401,and must be written in stria accordance with this proposal,and must
permit the Buyer to satisfy the requirements of the contract documents and its contract to the Owner, incorporate this proposal as an attachment.Where there is a conflict between provisions of the subcontract,or the
notwithstanding any shorter time period otherwise provided. contract between the Owner and Buyer,and this proposal,this proposal shall govern.
13.)Nothing in this agreement shall serve to void Seller's right to file a lien or claim on its behalf in the event that 14.)The Buyer shall furnish all temporary site facilities including suitable storage space,trash receptacles,hoisting,
any payment to Seller is not made in a timely matter. temporary power and water at no cost to AWR.
15.)The Buyer shall make no demand for liquidated damages for delays or actual delays in any sum in excess of 16.)Buyer shall,if Owner does not,purchase and maintain all risk insurance upon the full value of the entire work
such amount as may be specifically named in this proposal and no liquidated damages may be assessed against end/or materials delivered to the jobsite which shall include the interest of Seller.
Seller for more than the amount paid by the Buyer for unexcused delays to the extent caused by Seller.
18.)All parties to this Agreement understand and acknowledge that in the event a performance and/or payment
17.)Should either party hereto bring suit or institute any proceedings to enforce the terms hereof,any judgment bond is required by the contract documents for the above referenced project,AWR's surety,under no
circumstance,shall have any obligation for any loss occurring or claim made by obligee more than twelve months
awarded shall include court costs and reasonable attorneys'fees to the successful parry.
after the date on which AWR either substantially completed its work or is alleged to have first breached the
Contract,whichever is the first to occur.
19.)AWR will be utilizing certain chemical compounds in the performance of its work pursuant to the project plans
and specifications provided.AWR will transmit to buyer all Safety Data Sheets(5D5)for each of the materials to be
used on the above referenced project.Buyer must advise AWR if there are any problems or concerns with the
building's HVAC system that AWR should be aware of before starting its work.To the extent required,AWR's 20.)Permits,testing,inspections,should they be required,shall be furnished to AWR at no cost to AWR.
employees will utilize the necessary personal protective equipment while installing these materials.Should you the
buyer feel it necessary to provide notice or warnings to the occupants and visitors of the building,who may have
certain susceptibilities to these materials,AWR assumes that you,the buyer,will proceed accordingly.
6. ACCEPTANCE
Angelus Waterproofing&Restoration,Inc.(AWR) Buyer:
Name: Title: Name: Title:
Date: Date:
Signed: Signed:
The information in this document is confidential to the person to whom it is addressed and should not be disclosed to any other person.It may not be reproduced in whole,or in part,nor may any of the information contained therein be
disclosed without the prior consent of the directors of Angelus Waterproofing&Restoration('Company).A recipient may not solicit,directly or indirectly(whether through an agent or otherwise)the participation of another institution or
person without the prior approval of the directors of Company.The contents of this document have not been independently verified and they do not purport to be comprehensive,or to contain all the information that a prospective investor
ANGELUS WATERPROOFING&RESTORATION,INC. ) 340 VERNON WAY,UNIT 1,EL CAJON,CA 92020 I OFFICE:619-210-1815 I LIC.461100 I DIRS 1000006870
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ANGELUS
(775ri-.Zi±; aggirts-sr agamm nd
may need.No representation,warranty or undertaking,expressed or implied is or will be made or given and no responsibility or liability is or will be accepted by the Company or by any of its directors,employees or advisors in relation to the
accuracy or completeness of this document or any other written or oral information made available in connection with the Company.Any form of reproduction,dissemination,copying,disclosure,modification,distribution and or publication
of this material is strictly prohibited.
ANGELUS WATERPROOFING&RESTORATION,INC. 1340 VERNON WAY,UNIT 1,EL CAJON,CA 92020 I OFFICE:619-210-1815 I LIC.461100 I DIRB 1000006870
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