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2022/07/20 JCOS Development, INC Owner-Contractor Agreement CIP21-03 Firestation No. 68 Improvements Project290/031858-0008 7645681.2 a03/02/22 Page 1 CITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGREEMENT CIP 21-03 FIRE STATION NO. 68 IMPROVEMENTS PROJECT This Owner-Contractor Agreement (“Agreement”) is made and entered into for the above referenced Project by and between the City of Menifee (“Agency”), and JCOS DEVELOPMENT, INC (“Contractor”), whose principal business address is 8201 Orangethorpe Ave. Suite D, Buena Park, CA 90621 on the ________ day of ______________, 20_______. In consideration of the mutual covenants and agreements set forth herein, the Agency 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 accordance with the Contract Documents (as hereinafter defined), including all work, labor, services, materials and equipment described and reasonably inferable from documents enumerated in Exhibit “A” attached hereto and incorporated herein by reference (such construction and furnishing of labor, service, materials and equipment hereinafter referred to as the “Work”) in a good worker-like and substantial manner and to the satisfaction of the Agency, in connection with the CIP 21-03 FIRE STATION NO. 68 IMPROVEMENTS PROJECT to be constructed at the in the City of Menifee, California. The term Contract Documents shall mean this Agreement, and all of the items enumerated in Exhibit “A” and all change orders or addenda issued by the Agency with respect thereto. Agency must consent in writing to any changes in the scope of Work. Exhibit “A” shall be deemed revised in accordance with any revisions for which Agency’s consent has been issued. Any revisions to the scope of Work for which Agency’s consent has not been issued shall be null and void. 2. CONTRACT PRICE Agency hereby agrees to pay and the Contractor agrees to accept as full compensation for all Work performed in accordance with these Contract Documents the Contract Price as set forth in Exhibit “B”, Contract Price, 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 in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with these Bid and Contract Documents. The Contractor shall complete the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. 4. DELAYS AND EXTENSIONS OF TIME See Section 6-6 of the Special Provisions. DocuSign Envelope ID: B6617B62-06F3-4328-8AB5-09DEB70A9D40DocuSign Envelope ID: 998FBAB6-A1BC-4783-B593-69502CFE908B July20 22 290/031858-0008 7645681.2 a03/02/22 Page 2 5. COVID-19 SAFETY If Contractor or subcontractor(s) enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID-19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing. 6. LABOR CODE REQUIREMENTS Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL 1, 2015.] 7. 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. 8. AUTHORIZED AGENCY REPRESENTATIVES On behalf of the Agency, the City Engineer of the City of Menifee shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees. 9. 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.” 10. ENTIRE AGREEMENT; CONFLICT DocuSign Envelope ID: B6617B62-06F3-4328-8AB5-09DEB70A9D40DocuSign Envelope ID: 998FBAB6-A1BC-4783-B593-69502CFE908B 290/031858-0008 7645681.2 a03/02/22 Page 3 The Contract Documents comprise the entire agreement between the Agency 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. 11. 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 Agency and copies thereof shall be furnished to Agency if requested. 12. 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 Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. 13. LICENSES AND PERMITS Contractor represents and declares to Agency 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 Agency 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. 14. 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 Riverside, Temecula Branch 15. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 16. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Agency, 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 Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including DocuSign Envelope ID: B6617B62-06F3-4328-8AB5-09DEB70A9D40DocuSign Envelope ID: 998FBAB6-A1BC-4783-B593-69502CFE908B 290/031858-0008 7645681.2 a03/02/22 Page 4 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: (Initial) (Initial) 17. 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 Agency and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. AGENCY: City of Menifee By: Armando G. Villa, City Manager CONTRACTOR: JCOS Development, Inc. By: Name: _ Jeoung Hun Lee ________________ Its: ___President APPROVED AS TO FORM: By: Jeffrey T. Melching, City Attorney By: Name: Jeoung Hun Lee Its: Secretary ATTEST: By: Stephanie Roseen, Acting City Clerk Contractor’s City Business License No. _1031043______________________________ State Contractor License No. & Class 8201 Orangethorpe Ave. Suite D Street Address Buena Park, CA 90621 City, State, Zip Code [NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.] DocuSign Envelope ID: B6617B62-06F3-4328-8AB5-09DEB70A9D40DocuSign Envelope ID: 998FBAB6-A1BC-4783-B593-69502CFE908B 290/031858-0008 7645681.2 a03/02/22 Page 5 EXHIBIT A CONTRACT DOCUMENTS Owner-Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifications State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, gas, telephone, and cable television company specifications and standards DocuSign Envelope ID: B6617B62-06F3-4328-8AB5-09DEB70A9D40DocuSign Envelope ID: 998FBAB6-A1BC-4783-B593-69502CFE908B 290/031858-0008 7645681.2 a03/02/22 Page 6 EXHIBIT B CONTRACT PRICE Seven Hundred Sixty Two Thousand Dollars and Zero Cents ($762,000.00) The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency. DocuSign Envelope ID: B6617B62-06F3-4328-8AB5-09DEB70A9D40DocuSign Envelope ID: 998FBAB6-A1BC-4783-B593-69502CFE908B 290/031858-0008 7645681.2 a03/02/22 Page 7 DocuSign Envelope ID: B6617B62-06F3-4328-8AB5-09DEB70A9D40DocuSign Envelope ID: 998FBAB6-A1BC-4783-B593-69502CFE908B 290/031858-0008 7645681.2 a03/02/22 Page 8 DocuSign Envelope ID: B6617B62-06F3-4328-8AB5-09DEB70A9D40DocuSign Envelope ID: 998FBAB6-A1BC-4783-B593-69502CFE908B 290/031858-0008 7645681.2 a03/02/22 Page 9 DocuSign Envelope ID: B6617B62-06F3-4328-8AB5-09DEB70A9D40DocuSign Envelope ID: 998FBAB6-A1BC-4783-B593-69502CFE908B 290/031858-0008 7645681.2 a03/02/22 Page 10 DocuSign Envelope ID: B6617B62-06F3-4328-8AB5-09DEB70A9D40DocuSign Envelope ID: 998FBAB6-A1BC-4783-B593-69502CFE908B 290/031858-0008 7645681.2 a00/00/00 Page 11 DocuSign Envelope ID: B6617B62-06F3-4328-8AB5-09DEB70A9D40DocuSign Envelope ID: 998FBAB6-A1BC-4783-B593-69502CFE908B