HomeMy WebLinkAboutSuperior Door Systems, Inc. - Fire Station 34 Drill Grounds Gate Motor Replacements - CIP No. 25-17 - 2025Docusign Envelope ID: 289FA2E3-E997-4ABD-8D60-9B59BD4CDD12
Docusign Envelope ID: 5A00224C-83B6-47A9-9691-FlD8C924FLUA
OWNER - CONTRACTOR AGREEMENT
FIRE STATION 34 DRILL GROUNDS GATE MOTOR REPLACEMENTS, CIP 25-17
This Owner -Contractor Agreement ("Agreement") is made by and between the City of
National City, 1243 National City Boulevard National City, California 91950 and S.D.
SYS.INC. DBA SUPERIOR DOOR SYSTEMS, INC. ("Contractor"), 8059 Wing Avenue, El Cajon,
CA 92020 on the 3rd day of September, 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: 289FA2E3-E997-4ABD-8D60-9B59BD4CDD12
Docusign Envelope ID. 5AO0224C-83B6A7A9-9691-F1D8C924FEOA
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.
Docusign Envelope ID: 289FA2E3-E997-4ABD-8D60-9B59BD4CDD12
Docusign Envelope ID5A00224C-83B647A9-9691-F1D8C924FEUA
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 I the provisions of Mis1ection 13, above:
I -
(Initial) (Initial)
Docusign Envelope ID: 289FA2E3-E997-4ABD-8D60-9B59BD4CDD12
Docusign Envelope ID: 5AO0224C-83B6-47A9-9691-F1D8C924FEOA
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.
Owfier:
,C y ana�Ag�'e�/r, City of National City
�l& c 1
Attest:
-DocuSigned by:
S a
ify' �M'bfy of National City
Contractor: S.D. SYS. INC. DBA
SUPAfltgR DOOR SYSTEMS, INC.
l�vc,ff �-Uvi�ay
(Owner/Officer signature)
Brett Murray VP
Print name and title
Slyd by:
Feners M=
(Second officer signature if a corporation)
Ross Murray President
Print name and title
09007273
Contractors City Business License No.
736878
State Contractor's License No. and Class
8059 Wing Ave
Business street address
El Cajon, CA 92020
City, State and Zip Code
Docusign Envelope ID: 289FA2E3-E997-4ABD-8D60-9B59BD4CDD12
Docusign Envelope ID: 5A00224C-83B6-47A9-9691-F1D8C924FEOA
EXHIBIT A
CONTRACT DOCUMENTS
Applies to all contracts:
1. Owner/Contractor Agreement
2. Bid Schedule
3. Bid and Post Bid Documents
4. Pre -Bid Addenda, if any
5. National City General Conditions (NCGC)
6. Special Provisions (Specifications)
7. Permits issued by governmental, quasi -governmental and utility agencies
8. Plans, exhibits and drawings
9. Referenced standards, regulations and drawings
10. Applicable Federal and California Law
11. National City Regulations, Ordinances and Council Policies
Applies to public right-of-way work:
1. National City Standard Drawings (NCSD)
2. San Diego County Regional Standard Drawings, when not in conflict with NCSD
3. Standard Specifications for Public Works Construction and Regional Supplements
(Greenbook, latest edition at time of bid), as edited by NCGC
4. State Standard Specifications
5. State Standard Plans
Applies to building and on -site work:
1. California Building, Mechanical, Plumbing and Electrical Codes
Applies to work near, around or on public utilities:
1. SDG&E regulations, permits, standard plans and drawings
2. Sweetwater Authority permits, standard plans and drawings
3. Communication company standard plans and drawings shall only apply to work on
their facilities.
Docusign Envelope ID: 289FA2E3-E997-4ABD-8D60-9B59BD4CDD12
Docusign Envelope ID: 5A00224C-83B6-47A9-9691-F1D8C924FEOA
EXHIBIT B
CONTRACT PRICE
(Attached on the next page)
Docusign Envelope ID: 289FA2E3-E997-4ABD-8D60-9859BD4CDD12
Docusign Envelope ID: 5AO0224C-83B6-47A9-9691-F1D8C924FEOA
The Finest Door Company In Southern California
S. D. SYS. INC. DBA SUPERIOR DOOR SYSTEMS, INC.
P.O. Box 1386
El Cajon, CA 92022
Phone 619-562-0224 Fax 619-562-1327
For:
City of National City Facilities Dept
PROPOSAL
Page 1 of 2
CA LIC #736878
NV LIC #0060823
AZ LIC #275024
DIR #1000007505
CADGS SBE #2009457
DATE: May 29, 2025
CONTACT: Dan Allegro
CONTACT EMAIL: dan(a--)sdsystem sinc.com
Project:
Fire Station #34 Training Grounds
343 E. 16th Street
National City, CA 91950
We are pleased to submit our price proposal for the above referenced project as detailed below:
DESCRIPTION AMOUNT
SUPPLY AND INSTALL:
2 ea MAX 1700 FS Pro Fail -Safe High Traffic Commercial Slide Gate Operators-
*Inlcudes connection of existing keypad control and receiver for remotes
`Includes removal and disposal of existing gate operators
*Inccudes (2) fire strobe sensors for emergency vehicles
es (4) new plug in loop detector boxes for in -ground loops
Installed tax included 1 $ 18,980.00
We propose to complete this job in accordance with the above description for the sum of I $ 18,980.00
This quote must be signed and returned to place this order
CONTINUED
Docusign Envelope ID: 289FA2E3-E997-4ABD-8D60-9B59BD4CDD12
Docusign Envelope ID. 5AO0224C-83B6-47A9-9691-F1DBC924FEOA
PROPOSAL
y` ,,�=,IZIC)I2 1)�)�Page 2 of 2
)�r
The Finest Door Company In Southern California
S. D. SYS. INC. DBA SUPERIOR DOOR SYSTEMS, INC.
QUALIFICATIONS:
Price is based on interpretation of information provided. If anything changes in the field, this proposal may be subject to a price adjustment. Price
assumes a dear path to opening.
EXCLUSIONS:
Powder Coat (unless noted)
Field Paint
Opening Preparation
Siesmic Calculations, Delegated Design or Liquidated Damages
ALL ELECTRICAL, CONDUIT, LOW VOLTAGE, DISCONNECTS
TERMS:
Prices good for thirty (30) days only, This proposal must be incorporated in any contract issued and supersedes all other document, In the event of
material escalation, we reserve the right to escalate the price only to the extent of the materials have been increased. The final price assessed at the
time of shipment. Net 30 days upon receipt. Invoices not paid when due are subject to a service charge of 1.5% per month, but not more than the
maximum rate permitted by law. If an action is filed to collect the amounts due under this invoice, then S D- Sys. Inc., dba Superior Door Systems,
Inc. shall be entitled to recover its reasonable attorney's fees and costs of collections. Respectfully requesting retention to be zero (0%) retention.
Not to exceed 5%. New customers required 50% down prior to fabrication and balance due at time of installation. Credit check required for all new
customers Credit card accepted at 3% service charge.
If the opening is not ready upon arrival, we will charge for down time at our hourly rate. If this jobsite requires a training or safety class, we will charge
our hourly rate.
Regular: $ 150.00
Overtime: $ 225.00
Doubletime: $ 300.00
In the event of significant delay or price increase of material occurring during the performance of the contract through no fault of the contractor, the
contract sum, time of performance or contract requirements shall be equitably adjusted by change order in accordance with the procedures of the
contract documents. A change in price of an item of material shall be considered significant when the price of an item increases 1.5 percent between
the date of this contract and the date of installation.
The terms and conditions set forth above constitute the entire offer of S. D Sys. Inc. dba Superior Door Systems, Inc. and any additional terms
proposed by CUSTOMER are rejected unless expressly assented to in writing. ACCEPTANCE of the OFFER shall constitute a CONTRACT on the
terms and conditions set forth herein. Acceptance of this offer shall be communicated to S. D. Sys. Inc. dba Superior Door Systems, Inc. by returning
the offer DATED and SIGNED by an AUTHORIZED agent or representative of CUSTOMER.
We ACCEPT your OFFER and AGREE to be bound by the terms and conditions set forth herein
BY: DATE:
AUTHORIZED AGENT OR REPRESENTATIVE
CONTRACTOR'S LICENSE NO.:
PRINT OR TYPE NAME AND TITLE