2016/05/25 American Asphalt South, Inc. PMP No16-04 San Marino Tract Seal CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
PMP NO. _16-04_, SAN MARINO TRACT 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 J25th 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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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:
(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 Me fA American Asnhalt South Inc.
By: By:
Robert A. ohnson, City Manager Na e: Jeff Petty
Its: Vice President
APPRO TO FORM: By:
N e. Lyle Stone
By: Its: Secretary
ffrey . Melching, City Attorney
AT TIES T•
By # 036203
ty Cler Contractor's City Business License No.
rah Manwaring, Ci
784969 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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SA.N 1011RINC TRn-,—t ISIHEEr su!-
'r+sa N,, 15-0.1
EIS .SCHED-ILE
All Bidders are REQUIRED to use uni' _'n=�_ ob iere indicated and o cOrtlulete this schelJi_.
4'1 iterrx shall br r m.—i-le and in ai.acr pr- Plar;arc thr-:r Pid:Inri .'nn'-ir• flacumrrrt
1TERl DESCRIPTION LSrIMAILD UNIT UA j PRIt:E EXTENCED ITEM Ah1JUN7
tJ 0_ atlAAITI rV
Not to ExcMd _ _ _ t.$ J Any
1 Mvbi6zaGon!DwrrxaEili:ylicn _ _--------- 1 44� J��W.[�i/
2 I Pubic Notficatans _ y LS .f J
3 -rpmenta:ion a!BMP's 1 LS 00 --- 1y�QO
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4 Trattr CrntroI 1 LS
5 R.novt►Exis:n�S�ripn�, Legends,anC 1 LS
6 Cttar-ig and Gr.lhb4-K3 1 LS 7t/(/.do 40
7 Cracx Scar: Trwje-sc anti Longtuciar --- 1; �D �l�7t� �n —�
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8_ L��S 'JF to � VJ►aC ' �
M-CO&'h Pi=Ifner 14ocited Slwr,. 19.201 SySON
I 6 and$TOh It,]ttrcf far :,t jhrS;r_ I"iOI'nrt hna 4 EA
10 71 EA
11 Herd(7rrlc+-S I LS $ 3,03C 0C 3.000.CO
TOTAL BID AMOUNT WHEDULE(in nurnbers'I:
TOTAL 131D AMOUNT SCHEDULE fi-i
4.= 4e / ,"�{• o )oll3irs arty
In ME!!t it u' a vatiatiun Ut e.cen the unit price and e.ttended total, the unit price u-lll te- JriJ arid
the correctec c,bten5ion >rn I hr considered a5 the amot:nt bid. If the bid i5 Acgiblr ar•zr r inr,,,t be
reconciled it v.-11 be Curtsiderrd nun-ieivvvsi-:e and will i1ct L*catisidered for award.
The luwes: reNpunsive necL- shall be deterrrined by cWrnparirig :urn of It•e base bid duiuuntIN)yJith
tha- of all aCdRive o,alrerratry bids(if amrI of a C- ers aeemed by the (loner to be respcnstve In all
Other aspects. It equal �:>v aids are received front resacrn;iblr and respurisive binders tt'e se:ecuc:n
shall be made by draro}ng lots, or o-her sin-rlar random ti{Ind method selected by the C.°oncr If only
uric ,e-,punsivc bid is n-E:vlvrd frarn a rc--.pun:.;l:Jtr bidder the av ifd be made unle!s 111r pri(V
ca^ be aetemilned TC be reasonable aasecn on an 3natysis by the Owr.e,. Tie Owrer's det?n-n,natlon
as to the reasonableness a' an•: such bid ;hall be Tir%al. All bids rrcciwd .hall be recordec on an
abstract (tabulation)of bids, and tnen nave ava,lao,e for public Inspection.
-j
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SAN MARINO TRACT STREET SEAL
PMP No-IfrW
The quantithes listed in the ri ;irrpnsal are provided to grve a $ena,al indicatlnn of;ne ShCBC of the
work and for Vie cut=tpatisuri of bids. Plrt wafranty is rnddt, r ll:r• exprtmed ur irmlied, that the
actual quantities of work to be done om ca,resrond 'herewith. liem -umbers fo•lok%vd by ••,SI" are
drsigndted ds%pt-cialty items.
$v -.igr-iN .ind %it--nit:inb t~ % bid thr Contractor amfirm% thal thry .srr familiar rvr, i the. work Sltt'
and all eY:st r.R cond,t ons that may affect the r -work and that tl•:e', ha-.e read and ac,ree -o a11 the
term;, conditnons and requirrmrrnt•. cnnta nrd or r!-rrrrr.;.rd hrrrir and that all -nr ;i'arernrntionrd
lea. beet-, ,+eluded in the bite Prit.r.1 li�tCd dbu,.c ifiduding, it_rm, u! Vti•etk tl,dt rnd•r' •out have
pa-y Itna tem and that there seal) be ro additu-onal costs to ine ok%"er
WARNING: If an aaccendurr or addenda have been 551.jeC by t►'e u,.vner and not noted above a5 nelne
received by tFe mi;;der• this Bid m.ny be. rejected.
Complete the fa 'oo.:r;. / W
:er:l name at-he au.ines.
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