HomeMy WebLinkAboutStone Roofing Company, Inc. - TPO Overlay at 1615 E. 4th Street - 2025 Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1C3524E947
OWNER-CONTRACTOR AGREEMENT
TPO OVERLAY AT 1615 E. 4TH STREET, CIP 25-13
This Owner-Contractor Agreement ("Agreement") is made by and between the City of
National City, 1243 National City Boulevard National City, California 91950 and Stone
Roofing Company, Inc. ("Contractor"),730 North Coney Avenue,Azusa, CA 91702,on the
26th 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.
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1 C3524E947
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
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1C3524E947
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 the provisions of-hisifiection 15, above:
(Initial) (Initial)
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1C3524E947
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.
Own- : Contractor:
Stone tigootiyng Company, Inc.
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SCo W. Huth, Interim City Manager (Owner/Officer signature)
Approved as to form: Joe Zamrzla
Sht-4et Print me:and title
Barry J. Sc ul , City Attorney �t,bYa (kale,
EU2J51.M9A.A21405...
(Second officer signature if a corporation)
Debra Hall
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
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1C3524E947
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.
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1C3524E947
EXHIBIT B
CONTRACT PRICE
(NOTE- TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS)
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1C3524E947
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ROOFING
COMPANY,INCORPORATED Roofing Proposal
Date: May 2,2025
Prepared For: City Of National City
Contact: Chris Garcia—Facilities Maintenance Supervisor
Caarcia c(�nationalcityca.gov
619-496-7118
Project Site: 1615 E.4th St.National City,CA 91950
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Area:41171 Square Feet
Perimeter:307 Feet - 10
Prepared By: Anthony Frazier,Project Manager
Stone Roofing Company,Inc.
730 North Coney Avenue Azusa,CA 91702
Office(626)969-6515
Cell(626)460-9782
anthony@stoneroof.com
www.stoneroof.com
Stone Roofing Co..Inc.•730 N.Coney Ave..Azusa.CA 91702• 1:(626)969-6515•www.stoneroof coin•CA License#159149
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1C3524E947
Proposal 1615 E.4th St.National City,CA 91950
Page 2 of 2
Scope of Work: TPO Repair
• Install term bars and mechanically fasten seams of existing TPO membrane.
• No permits or warranty required.
• Remove and haul away any existing wood battens.
• Prevailing wage included.
• Performance and payment bonds add 2.5%
Price:
• Total price including all labor,material,supervision and tax: $22,240.00 Initial
Thank you for the opportunity to provide you with a proposal of our roofing services if you are in accordance with
the specifications within please initial and send us back the proposal. Should you have any questions or concerns,
please do not hesitate to contact us at any time.
Anthony Frazier, Project Manager
Stone Roofing Company Inc.
anthony a,stoneroof.com
www.stoneroof.com
Stone Rooting Co.,Inc.•730 N.Coney Ave..Azusa,CA 91702•T:(626)969-6515•www.stonerooticom•CA License#159149
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1C3524E947
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, 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.
Corporate Seal:
Docusign Envelope ID:676866AB-8663-4341-A59A-FD1C3524E947
PARTNERSHIP CERTIFICATE
STATE OF )
ss
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary
Public in and for said County and State, personally appeared:
(Notary Seal)
known to me to be of the partners of the
partnership that executed the within instrument, and acknowledged to me that such
partnership executed the same.
Signature:
Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1 C3524E947
PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No.
, passed the 26th day of June, 2025 has awarded to Stone Roofing
Company Inc., hereinafter designated as the "Principal", the TPO OVERLAY AT 1615 E.4111
STREET, CIP 25-13 PROJECT.
WHEREAS, said Principal is required under the terms of said contract to furnish a
bond for the faithful performance of said contract.
NOW, THEREFORE, we, the Principal and
as surety, are held and firmly
bound unto the City Council of the City of National City hereinafter called the "Council",
in the penal sum of Twenty Two Thousand Two Hundred Forty ($22,240) lawful money
of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal,
his/her or its heirs, executors, administrators, successors or assigns, shall in all things
stand to and abide by, and well and truly keep and perform the covenants, conditions and
agreements in the said contract any alteration thereof made as therein provides, on his
or their part, to be kept and performed at the time and in the amount therein specified,
and in all respects according to their true intent and meaning, and shall indemnify and
save harmless the City of National City, the City Council, their officers, agents, and
employees, as therein stipulated, then this obligation shall become null and void;
otherwise it shall be and remain in full force and virtue.
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1C3524E947
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the
work to be performed herein or the specifications accompanying the same shall in any
wise affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or additions to the terms of the contract or to the
work or to the specifications.
In the event suit is brought upon this bond by the City of National City and judgment is
recovered, the surety shall pay all costs incurred by the Council in such suit, including a
reasonable attorney's fee to be fixed by the Court.
IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on the day of , 20 .
(SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
Surety Principal
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1C3524E947
PERFORMANCE BOND
ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF )
ss
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary
Public in and for said County and State, personally appeared
known to me to be the person
whose name is subscribed to the within instrument as the attorney-in-fact of the
, the corporation named as Surety
in said instrument, and acknowledged to me that he subscribed the name of said
corporation thereto as Surety, and his own name as attorney-in-fact.
NOTE: Signature of those executing for NOTE: The Attorney-in-fact must attach a
Surety must be properly certified copy of the Power of
acknowledged. Attorney.
Signature:
Name (Type or Print):
Notary Public in and for said County and State
My Commission expires:
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1C3524E947
PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No.
, passed the 26th day of June, 2025 has awarded
, hereinafter designated as
the "Principal",the TPO OVERLAY AT 1615 E. 4TH STREET,CIP 25-13 PROJECT.
WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225)
and Chapter 7 (commencing at Section 3247),Title 15, Part 4, Division 3 of the California
Civil Code to furnish a bond in connection with said contract;
NOW,THEREFORE, we, the Principal and
as surety, are held and firmly bound unto the City Council of the City of National City,
hereinafter called the "Council", in the penal sum of Twenty Two Thousand Two Hundred
Forty ($22,240) lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its
subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay
any of the persons named in Section 3181 of the California Civil Code, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed by
any such claimant, or for any amounts required to be deducted, withheld, and paid over
to the Franchise Tax Board from the wages of employees of the Contractor and his
subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with
respect to such work and labor the Surety will pay for the same in an amount not
exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond,
a reasonable attorney's fee, to be fixed by the Court.
This Bond shall inure to the benefit of any of the persons named in Section 3181 of
the California Civil Code, so as to give a right of action to such persons or their assigns in
any suit brought upon this bond.
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1 C3524E947
It is further stipulated and agreed that the Surety on this bond shall not be
exonerated or released from the obligation of this bond by any change,extension of time
for performance, addition, alteration or modification in, to, or of any contract, plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement hereinabove described or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, not by any change or modification of any terms of
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement hereinabove described, nor by any rescission or attempted
rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise
entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond
and that this bond be construed most strongly against the Surety and in favor of all
persons for whose benefit such bond is given,and under no circumstances shall Surety be
released from liability to those for whose benefit such bond has been given, by reason of
any breach of contract between the owner of Public Entity and original contractor or on
the part of any obliges named in such bond, but the sole conditions of recovery shall be
that claimant is a person described in Section 3110 or 3112 of the California Civil Code,
and has not been paid the full amount of his claim and that Surety does hereby waive
notice of any such change, extension of time, addition, alteration or modification herein
mentioned.
IN WITNESS WHEREOF three identical counterparts of this instrument,each of which shall
for all purposes be deemed an original thereof, have been duly executed by the Principal
and Surety above named, on the day of , 20 .
(SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
Surety Principal
Docusign Envelope ID:676866AB-8B63-4341-A59A-FD1C3524E947
ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY
STATE OF )
) ss
COUNTY OF )
On this day of , 20 , before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
known to me to be the person
whose name is subscribed to the within instrument as the attorney-in-fact of the
, the corporation named as Surety
in said instrument, and acknowledged to me that he subscribed the name of said
corporation thereto as Surety, and his own name as attorney-in-fact.
NOTE: Signature of those executing for NOTE: The Attorney-in-fact must attach a
Surety must be properly certified copy of the Power of
acknowledged. Attorney.
Signature:
Name (Type or Print):
(Notary Public in and for said County and State)
My Commission expires:
ATTACH ALL BONDS