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HomeMy WebLinkAboutStar Flooring and Remodeling - Fire Station 31 Door Replacement - CIP No. 25-14 - 2025 OWNER- CONTRACTOR AGREEMENT FIRE STATION 31 DOOR REPLACEMENT, CIP NO. 24-24 This Owner-Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Star Flooring and Remodeling ("Contractor"), 4610 Alvarado Canyon Rd. #1, San Diego, CA 92120 on the 13thday of May , 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. 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 provisions of this Section 15, above: O r�l (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 w ' ten above. Owner: Contractor: Star .• •• : ':model Scott W. Huth Interim City Manager, City of National City (owner/officers n.,ure) Approved as to form: Olga Orduna Department Director Print name and title Barry J. Sch Itz City Attorney, City of National City (Second officer signature if a corporation) 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 Fire Station 31 Door Replacement CIP 25-14 The contractor was selected through the less than informal bidding process outlined in section 2.62.040 (see procedure below). Less than Informal Bid Procedure City engineer and purchasing agent authority. a) Public projects up to twenty-five thousand dollars or less may be awarded by the city engineer. b) Public projects of$75,000 or less may be awarded by the purchasing agent. If the public project of$75,000 or less is being performed by negotiated contract or purchase order,the city engineer,or designee,may make reasonable efforts to contact and obtain bids from at least three vendors and award to the contractor providing the best value to the city. 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 Base Bid and Additive Bid:$13,436.93 Fire Station 31 Door Replacement,CIP No.25-14 Bid Line items Bid Items No. Item Unit Quantity Unit Price Amount Base Bid 1 Removal and Replacement of the front Door and Frame with a Level 3 Extra Heavy Duty Steel 1 $2,662.40 $2,662.40 Door(Fire Station 31) BASE BID TOTAL: Additive Alternate Bid Removal and Replacement of the 2 Rear Doors and Frames with Level 3 Extra Heavy Duty Steel $5,324.81 $5,324.81 2 Doors(Fire Station 31) LS 1 3 Remove existing Carpeting and install City Furnished Luxury Vinyl Flooring(LVF). Fire Station 31. SF 636 8.568 $5,449.72 ADDITIVE ALTERNATE BID TOTALS $10,774.53 GRAND TOTAL BID(BASE BID+ADDITIVE BID): $13,436.93 CONTRACTOR: Star Flooring and Remodeling DATE: 4/1/2025 Logan Jones - GNATURE