HomeMy WebLinkAbout2022 CON Fordyce Construction - Camacho Gym Doors CIP No. 22-50OWNER - CONTRACTOR AGREEMENT
CAMACHO Yl DOORS, DIP N. 22-50
This Owner -Contractor Agreement ("Agreement") is made by and between the City of
National City, 1243 National City Boulevard National City, California 91950 and Fordyce
Construction ("Contractor"), 9932 Prospect Avenue, Suite 138, Santee, California 92071
on the L y_ of November 2022, for the construction of the above referenced Project.
in consideration .of the mutual covenants and agreements setforth herein, the Owner
and Contractor have mutually agreed as follows:
1. CONSTRUCTION
The Contractor agrees to do all th.e 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. s et 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
CE
Time is of the essence for this Agreement and the Contractor shall construct the project
in every d tait 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-D1SCRIMINATION
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 emp 9iim nt 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.
. 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.
. 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 t will
comply with such provisions before commencing the performance of the Work of
this Agreement."
. ENTIRE E 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 AREEMENT 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 tunes 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.
. 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 shalt 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 ail
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:
14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not b►e 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:
Bra • a L Jst
City Manager, City of National City
APPROVED AS TO FORM:
By: alt4A1
Barry J. Schultz
City Attorney
Contractor:
Fordyce Construction
(O vner/Officer signature)
Brian Fordyce, President
Print name and title
(Second officer signature if a corpdration)
Krista Fordyce, Secretary
Print name and title
09013758
Contractor's City Business License No.
608529
State Contractor's License No. and Class
9932 Prospect Avenue, Suite 138
Business street address
Santee, CA 92071
City, State and Zip Code
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' panies' specifications and standards
Sweetwater Authority specifications• and standards
Specifications, standards and requirements of MTS, B1 SF, SANDAG, Port of San Diego and
all other agencies that may be adjacent and/or affected by the project.
Ca macho Gym Doors
Construction Line Items
CIP #22-50
19 ION Li CATT
aoo,
Ca m a cho Gym Doors
CIP ##: 22-50
Bid Line Items
October 31, 2022
Fid Items
No.
Item
Unit
Quantity
Unit Price
Amount
Base Bid
1
Install
Basketball
and
features,
trade
new
items,
new,
industrial
court
purchase
fire
and
rated,
pairs
grade
and
final
hollow
of
installation
system
doors
door
metal
will
closers.
commissioning.
double
be
of
equipped
Cost
all
specified
doors
includes
with
on
materials,
basketball
key
but not
removeable
limited
general
court
to
exterior
mullions
demolition
trade
items,
exits.
in the
center
of existing
electrical
EA
3
13,400.00
40,200.00
2
Install
be
to demolition
general
equipped
new,
trade
fire
with
of
items,
rated,
existing
fire -rated
electrical
hollow
features,
metal
exit devices
trade
door
purchase
items,
on exterior
and new
and
and
door
installation
final
side
system
closer.
exit
of
commissioning.
door
Cost
all
includes
specified
from
office
area.
but not
materials,
Door
limited
to
'
EA
1
9,700 00
9,700.
DO
BASE
BID
T TAL
:[ 49,900.00
Contractor Signature:
Fordyce Construction
Date: 11/03/2022
Li
CORPORATE CERTIFICATE
_ Krista Fordyce
rtify that l am the Secretaryofthe
Corporation named as ontra for in the foregoing Contract; that
Brian Fordyce , who signed said contract on behalf of the
Contractor, was then _.
President 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
Krista Fordyce -- __-- certify that i am the Secretary of the
Corporation named as Contractor in the foregoing Contract; that
Brian Fordyce , who signed said contract on behalf of the
Contractor, was then President 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:
STATE OF
PARTNERSHIP CERTIFICATE
COUNTY OF
)ss
N/A
On this day of , 20 before me, the undersigned, a Notary
Public in and for said County and State, personally appeared:
_ (Notary Seat)
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: _-- _