2016/05/04 American Asphalt South, Inc. PMP No16-02, Zone 1 Sun City Core East CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
PMP NO. 16-02 , ZONE I SUN CITY CORE EAST SLURRY SEAL
This Owner-Contractor Agreement ("Agreement") is made and entered into for the above
referenced Project by and between the City of Menifee ("Agency"), and American Asphalt South.
Inc._ ("Contractor"), whose principal business address is 14436 Santa Ana Ave. Fontana. CA
92337 on the 4th day of May , 2016.
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 No. & Project title) to be constructed
on (Project Location) 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 the date of
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7645681 2 a04127l16 Page 2
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 tenn 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.
1 have read and understood all of the provisions of this Section 15, above:
(Initial) (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.
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY: CONTRACTOR:
City of Menifee American Asphalt South. Inc.
By: By:
Scott A. Mann, Mayor N me: Jeff Pe v
Its: Vice President
APPROVED A TO FORM: By: f<,
�� N e: Lvle Stone
By: Its: Secretary
J y T!`Melching, City o ney
ATTEST:
B ; 36203
rah Manwaring, City Clerk4"7
ntractor's City Business License No.
84969 A
State Contractor License No. & Class
14436 Santa Ana Ave
Street Address
Fontana. CA 92337
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 Specifications
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards
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EXHIBIT B
CONTRACT PRICE
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ZONIE 1-SUN CITY CORE EAS r SLURRY SEAL
PMP No. 16-02
BID SCHEDULE
All Bidders are REQUIRED to use unit prices where indicated and to complete this schejule.
All items shall be complete and in place per Plans and these Bid and Contract Documents.
rrEM esrlNI:�reD
DESCRIPTION U.IT UNIT PRICE EXTENDED ITEM AMOUNT
VU. QUA-,rrry
- r i P•lcbilzzatron I Demobilization -
c C,
Not o Exce d 1 -� CYC'. ✓ �,[O
Puolic Nonfi::aticns I LS
3 Implementattcn of 6ta1F's I I.S -
4 i Traff c Control 1 LS
l
Remove E,isting Strip;ng.Legends. 1 I tt�� �
and RP(0s l I p? T0f7 _
6 C eann3 arid Grubbing I LS
s_.;i v--1- hmverse and —-- ---�--- - ----
-'1g f.P'r al a up to 2"tact per UP to 6,000 Lr
Sc tC ^713 to cF :rialPravislor_s
T yr= II COS 'h poly:i er modified I
_I 8
r j Seal (i.l ja Sy
i
1 nerroplast r 12"sc!^%rhite stop ; --- —
i 9 'rr i• :re and STOP legend per City f I? E p�7 r]rJ
i I r
St:; ,2oc t �0 50
to EIJO Dot installation per ON Std No I 4; I i.A 7
F'e'j Orde-s LS 5 5.00 OG 5.00 on
TOTAL BID ArJOUNT SCHEDULE(in numbers)
b70 , Zo
TOTAL BID ANIOUNT SCHEDULE(!n words).
1un`i(CA AW F;;.,j1 L.`41rce IkULSo4.17 'SEU�.n14 I Dollars and 4tn/6cj4tj Cents
7
In the event of a variat-on bet-.%-een the unit price and extended total, the unit price will to used and
the corrected extension will be considered as the amount bid. If the bid is illegib•.e 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 Burn of the base bid amc•unt(s)with
that of all additive or alternative bids (if any) of hidden 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 dray.,ing lots, or other similar randorn blind Method selected by the Ov;ner. If only
one responsive bid is received from a responsible bidder the award shall not be made unless the price
can be determined to he rea ona ble based on an analysis by the Owner. The Owner's determination
as to the reasonableness of any such bid shall be final. All bids received shall be recorded on an
abstract (tabulation)of bids,and then made available for public inspection.
1-3
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ZONE ?-SUPS CITY CORE EAST SLURRY SEAL
PIMP No. 16 02
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 imphej, that the
actual quantities of work to be done will correspond therewith. Item numbers followed by "(Sj- 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 orices Ii,ted 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.
';DARNING:If an addendurn or addenda have been issued by the Omer and not noted above as beir:g
received by the bidder,this Bid may he rejected-
Complete the following:
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Legal nim,-of the business
,3jsireA Type Typ�O�at,nn,Partnersr,p.;o3F Proprietor) ---
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'l/0 �d�>rso� - p► f� � _ _ _ __
Marne and nix of the ovrner
XeglK yc f a _� : ,9/4ve-fer
Name and title o iecond Fa't-ler_i.clice• r
business Address
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Trr ptc r't-r cic-umuenur�ber
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i'���.,—lire /�r ;d�� � /e
P rt name and rr::- Print a4r.e and t.ve
Vie R':me C-:21+.'c:_^or is a corvorol:vn l,vo 51"v'r, u+•c,f corC.nr;arp o#.-.=rs we req:urrdj
7.41
290 031858-0008
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