2018/03/21 All American Asphalt, Inc. PMP17-01 Sun City_Resurfacing 6212,9432 CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
PMP 17-01, SUN CITY STREET RESURFACING, TRACTS 6212 AND 9432
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., ("Contractor"), whose principal business address is 400 East Sixth Street. Corona,
CA 92879 on the 21 day of March, 2018.
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 Sun City Street
ResuzfacinQ Proiect, Tracts: 6212 and 9432. PMP No. 17-01 to be constructed 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.
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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
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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:
(hlitial) (Initial)
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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.
17. INDEMNIFICATION
Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City, and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all Claims, where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by Contractor or by any
individual or entity for which Contractor is legally liable, including but not limited to officers,
agents, employees or subcontractors of Contractor.
18. ASSIGNMENT AND SUBCONTRACTING
City and Contractor recognize and agree that this Agreement contemplates personal performance
by Contractor and is based upon a determination of Contractor's unique personal competence,
experience, and specialized personal knowledge. Moreover, a substantial inducement to City for
entering into this Agreement was and is the professional reputation and competence of
Contractor. Contractor may not assign this Agreement or any interest therein without the prior
written approval of the City. Contractor shall not subcontract any portion of the performance
contemplated and provided for herein, other than to the subcontractors noted in Contractor's
proposal, without prior written approval of the City. In the event that key personnel leave
Contractor's employ, Contractor shall notify City immediately.
19. NO TRIRD PARTY BENEFICIARIES
With the exception of the specific provisions set forth in this Agreement, there are no intended
third-party beneficiaries under this Agreement and no such other third parties shall have any
rights or obligations hereunder.
20. TERMINATION AND MODIFICATION
City may cancel this Agreement at any time and without cause upon written notification to
Contractor. Contractor may cancel this Agreement upon 30 days' written notice to City. In the
event of termination, Contractor shall be entitled to compensation for the work performed up to
the date of termination; City, however, may condition payment of such compensation upon
Contractor delivering to City any or all designs, plans, supplies, and other materials provided to
Contractor or prepared by or for Contractor or City in connection with this Agreement.
21. FORCE MAJEURE
Should any obligation of either party be delayed by events beyond such party's control,
including but not limited to, natural or man-made disasters, strikes, government actions or
regulations, failure of a third party to comply or conform or inability to obtain labor or materials
through its regular sources, that party's time for performance shall be extended by the period of
delay upon approval by Agency.
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IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY: CONTRACTOR:
City of Meni All American Asphalt
By: By:
Nei . Winter, Mayor Name: Mark Luer
Its: President
APPROV TO FORM: By:
Name: Michael Farkas
By: Its: Secretary
J ey T. Melching, C' y ttorn
ATTEST:L,
By: / 035085
I!/rA
A. Man a ng, City Cl Contractor's City Business License No.
267073
State Contractor License No. & Class
400 East Sixth Street
Street Address
Corona, CA 92879
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.]
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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 Plans and Specifications
EMWD, SCE, gas, telephone, and cable television company specifications and standards
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EXHIBIT B
CONTRACT PRICE
Three Hundreds Ninety Thousand Two Hundred Twenty Five Dollars and Eighteen Cents
($390,225.18)
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.
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Sun City Street Resurfacing. Tracts: 6212 and 9432 BIDDER'S PROPOSAL(continued)
PMP No. 17-01
SCHEDULE A—STREET RESURFACING
ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED ITEM
No. QUANTITY AMOUNT
1 Mobileation/Demobilization not to I LS toy?I S I ( 7 1 5". I (o
exceed $ 15,000.00
2 Public Notification 1 LS q, a .9
3 Implementation of BMP's 1 LS `/,�99 95 41 �R9. 95'
(SD inlet protection)
4 Traffic Control 1 LS v-9,/93,0 4 j q9,/93 .Oq
Remove existing thermoplastic
STOP Bar and legend 1 LS 3��a 3. 3 3a 3 3 i
Cold plane 2"existing AC
6 pavement
1,102 SY
as Er (�� $Sy •c/1f
7 C2-PG 70-10 AC, include slot 138 TON 9/2 S• q-3 /? 3 09. 3
paving and 2" overlay
Polymer Modified Rejuvenating
8 Emulsion (PMRE) scrub seal with 43,000 SY
5/16"(medium Fine) screenings `�'1 �� �9, `f`{o ov
.
9 Type II-REAS Slurry Seal 316 TON 90 41'Fl,
10 Install Thermoplastic Stop Bar and 4 EA �(p (c 3. zV �J( a &S z •� (o
Legend
l l Blue Dot installation per City Std. 18 EA 7.5', 5"k
No. 705
12 Field Orders(not to exceed) LS 1 $5,000 $ 5,000
TOTAL SCHEDULE A , 7
Z`I!, -75S• I ?
1-2
Sun City Street Resurfacing.Tracts: 6212 and 9432 BIDDER'S PROPOSAL(continued)
PMP No. 17-01
SCHEDULE B -ADA RAMP RETROFIT
ITEM No DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED ITEM
QUANTITY AMOUNT
1 Sawcut existing PCC and AC LF 895 4 1�p a .5S
Remove PCC and AC(for ADA ramps
*2 retrofit) SY 1,060 J 3 f, 9 (033, 90gr ya
3 Replace PCC Cross Gutter(8"thick), SF 3,018 6
include monolithic curb and gutter /D. v2 3►, D as . O
Replace 6"Curb and Gutter per City
4 Std. No. 200 LF 154 8-2 7. 03 //J 9-/v a.to a
**5 Install 4"thick PCC for ADA ramps SF 6,040 4 c/,cf7
a41 , te3b •4-o
**6 Install glue down Truncated domes EA 20 (Q 7(0, at0 6VJ3 J$2,1_ O a
TOTALSCHEDULE BSt�(2 O/
* include all work and labor necessary to remove and dispose of all existing concrete or other material. Existing
concrete will be sawcut at the terminus of a complete panel or joint to the satisfaction of the Engineer.The area
to be removed may need to extend beyond the dimensions shown in the Contract Documents or reference
drawing(s) to provide enough transition area so all new work placed is ADA compliant. Contractor shall
investigate each location and ensure all necessary work including the transitions areas are included in the cost of
the bid item. Bid item also includes up to 6-in of export and/or import. Bid item also includes the cutting back of
any roots. The Contractor shall provide the City with 48 hours advance notice in writing prior to any root
trimming to confirm the limits with City Staff. Unit cost also includes removal, replacement, relocation, and/or
adjustment to grade of any public and/or private improvements during demolition and/or construction as
necessary to complete the work, including but not limited to, asphalt (including cold milling), landscaping,
fencing,irrigation, utility meter boxes, manholes,cleanouts, survey markers of any kind, posts,and signs.
** The contractor shall be responsible for ensuring any newly constructed work is ADA compliant which may
include modifications to standard drawings to address site/location specific issues. If any of the work installed is
not ADA compliant, at the sole discretion of the Engineer, said work shall be immediately removed and replaced
at no charge to the City.
TOTAL BID AMOUNT SCHEDULE"A" AND"B"(in numbers):
90 , ass . � �
TOTAL BID AMOUNT SCHEDULE ""A"AND "B" (in words):
T/irze-hynal,-PW n 1A0- AD4CS4nd fmo&Ac>lreal Dollars and 91'!gkl�ri Cents
-ftoenfy vc.
Contractor's Initials i
Edward J. Carlson, Vice President
1-3