2016/08/31 All American Asphalt, Inc. CIP16-12 Briggs Rd Resurfacing Project CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CEP 16-12 BRIGGS ROAD RESURFACING 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 All American Asphalt,
Inc. ("Contragg"), whose principal business address is: 400 East Sixth Street. Corona CA
92879 on the gSday of g516.
���jjUS�'
In consideration of the mud 1 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 (Project No:
CIP 16-12 & Project Title: Briggs Road Resurfacing) to be constructed on (Project Location:
Briggs Road) 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.
5. 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.]
6. 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.
7. 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.
8. 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."
9. ENTIRE AGREEMENT; CONFLICT
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.
10. 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.
11. 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.
12. 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.
13. 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
14. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all
purposes be deemed to be an original.
15. 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 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:
(In al) I i'tial)
ward 3. ��1Son, �,L1.,,e1 Fai1c�S,
16. 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: CONTRACTOR:
City of Menifee
By: I By:
Robert', . Johnson, City Manager
Name:
Its: �Icp- �R°S►deh
APPROVED AS TO FORM: By:
Name:
By: Its: �ar^
40re/y"TUMelching, City 46mey
ATTEST: O 3Sd �d 5-
Contractor's City Business License No.
ByVSra'h
rrState Contractor License N(oe. & Class
A. Manwaring, City C `760
CmC3,
eet Address
CA qz9
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.]
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
EXHIBIT B
CONTRACT PRICE
BRIGGS ROAD RESURFACING BIDDER'S PROPOSAL(continued)
CIP No.16-12
BID SCHEDULE FORM
CITY PROJECT NO. CIP 16-12, BRIGGS ROAD RESURFACING
ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE EXTENDED ITEM
NO. AMOUNT
QUANTITY
1 Mobilization/Demobilization 1 LS
2 Implementation of BMP's I LS
3 Traffic Control and Public 1 LS df��
Notification
4 Clear and Grub (remove dirt and 1 LS 60
debris)
5 Remove existing pavement to 3" 960 SF C� "`' C�
scarify and re-compact upper 12"
6 2" min. Overlay C2-PG70-10 AC 650 TON �p� "O 53 3 c�
(include tack coat)
Thermoplastic Double Yellow
7 Centerline Striping & RPMs per 1820 LF 2,2,S ✓ �—
Caltrans Detail#22
8 Field Orders 1 LS $5,000.00 $ 5,000.00
BID TOTAL J O d
TOTAL BID AMOUNT(in numbers): 9 ,1 :23
SUO
�/T�OTAL ID AMOUNT(in words): l . -/ 'firs
V 1NV\, �� 5ll�t, �"� �-1 "�+ ,I5firs and A6 Cents
In the event of a variation between the unit price and extended total,the unit price will be used
and the corrected extension will be considered as the amount bid. If the bid is illegible and
cannot be reconciled it will be considered non-responsive and will not be considered for award.
The lowest responsive bidder shall be determined by comparing sum of the base bid amount(s)
with that of all additive or alternative bids (if any) of bidders deemed by the Owner to be
responsive in all other aspects. If equal low bids are received from responsible and responsive
bidders the selection shall be made by drawing lots, or other similar random blind method
selected by the Owner. If only one responsive bid is received from a responsible bidder the
award shall not be made unless the price can be determined to be reasonable based on an
analysis by the Owner. The Owner's determination as to the reasonableness of any such bid
shall be final.
1-2
BRIGGS ROAD RESURFACING BIDDER'S PROPOSAL(continued)
CIP No.16-12
All bids received shall be recorded on an abstract (tabulation) of bids, and then made available
for public inspection.
The quantities listed in the bid proposal are provided to give a general indication of the scope of
the work and for the comparison of bids. No warranty is made, either expressed or implied,
that the actual quantities of work to be done will correspond therewith. Item numbers
followed by"(S)" are designated as specialty items.
By signing and submitting this bid the Contractor confirms that they are familiar with the work
site and all existing conditions that may affect their work and that they have read and agree to
all the terms, conditions and requirements contained or referenced herein and that all the
aforementioned has been included in the bid prices listed above including items of work that
may not have a specific pay line item and that there shall be no additional costs to the Owner.
WARNING: If an addendum or addenda have been issued by the Owner and not noted above
as being received by the bidder,this Bid may be rejected.
Complete the following:
M\ N-ne'(in' A-so�o 1 -
Legal name of the business
G-)( CO l fl 'Oyn
Businesl Type(Corporation,Partnership,Sole Proprietor)
N f F'C
DBA(it any)
Mac- Le T&se,(A-
Name and title of the owner
3( son , y c e �rYs c`�►n�'
Name and title of second partner or officer
�U S,�k� SAV-e� Cofo 1, �12
Business Address
10151) --T3e-IL oo
Telephone number
(cis)
Facsimile number
POO-i "sCa_2I I2r'1PACA..JS&l� roan
Email address of primary contact
1-3
BRIGGS ROAD RESURFACING BIDDER'S PROPOSAL(continued)
CIP No.16-12
www .`���2rv►er;ca��s�r,.l . cam
Company web address
Signature of Prime Contractor Date Signature of Prime ontractor Date
PL)A 7,6&za V\Ice- MicvmoA -v*us,
Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.)
1-4