2017/09/20 L.C. Paving and Sealing, Inc. PW17-02 OnCall concrete maintenance services CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
PW 17-02 ON-CALL CONCRETE MAINTENANCE SERVICES
This Owner-Contractor Agreement ("Agreement") is made and entered into for the above
referenced Project by and between the CITY OF MENIFEE ("Agency"), and L.C. PAVING 7
SEALING. INC ("Contractor"), whose principal business address is: 330 RANCHEROS
DRIVE. STE. 208, SAN MARCOS. CA 92069 on the 20TH day of SEPTEMBER, 2017.
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 (Project No:
PW 17-02 & Project Title: ON-CALL CONCRETE MAINTENANCE SERVICES ) to be
constructed on (Project Location: CITYWIDE ) 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
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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:
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AA
(Initial) (I )
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.
CITY: CONTRACTOR:
CITY OF MENIFEE L.C. PAVING & SEALING, INC.
i
By: az By:
Ronald E. Bradley, Interim City Manage
ose A. Salinas
Its: PRESIDENT,SEC,TRES,VP,MANAGER
APPROVED AS TO FORM: By: _
Name:
By: ar Its:
J fre . Melching, City A hey
ATTEST:
Contractor's City Business License No.
621610 A, B. C-12
By:
State Contractor License No. & Class
S rah A. anwaring, City 330 RANCHEROS DRIVE, STE 208
Street Address
SAN MARCOS, CA 92069
City, State, Zip Code
290/031858-0008
7645681.2 a09/21/17 Page 4
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
On before me, Marisa Haas, Notary Public
(insert name and title of the officer)
personally appeared Jose A. Salinas
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
MARISA ANN HAAS
Commission 0 2122991
WITNESS my hand and Tfficialsb(. Notary Public-California
IWMV San Diego County
Comm.E ras A 15 2019
Signature (Seal)
[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
Special Provisions (Specifications)
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EXHIBIT B
CONTRACT PRICE
PW 17-02: ON-CALL CONCRETE MAINTENANCE SERVICES
The total contract amount is in the not-to-exceed amount of $45,000 (Forty Five Thousand
Dollars and Zero Cents).
290/031858-0008
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L.C.PAVING&SEALING,INC.
Name of Contractor
PROPOSAL
TO THE HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
OF THE CITY OF MENIFEE, CALIFORNIA
The undersigned hereby proposes to perform all work for which a contract may be
awarded him and to furnish any and all labor, material, equipment, transportation and
other facilities required for:
ON-CALL CONCRETE MAINTENANCE SERVICES
PROJECT NO: PW 17-02
together with appurtenances thereto, all as set forth in the Specifications, and other
Contract Documents, and he further proposes and agrees that, if his bid is accepted, he
will contract in the form and manner stipulated, to perform all work called for by the
Specifications and other Contract Documents, and to complete all such work in strict
conformity therewith within the time limits set forth therein, and that he will accept as full
payment therefore the unit prices named in the Bid Schedule(s) forming a part hereof.
By signing this proposal it is understood and agreed that:
1. The undersigned has carefully examined all the Contract Documents which will form
a part of the Contract; namely, Notice of Invitation to Bid, Instructions to Bidders,
Contract Services Agreement, Proposal Forms, Contract Forms, Performance Bond,
Payment Bond, Non-Collusion Affidavit, Specifications and Drawings, and all
revisions or addenda setting forth any modifications or interpretations of any of said
documents.
2. The undersigned has by investigation at the site of the work and otherwise satisfied
himself as to the nature and location of the work and fully informed himself as to all
conditions and matters which can in any way affect the work or the cost thereof.
3. The undersigned fully understands the scope of the work and has checked carefully
all words and figures inserted in this bid and he further understands that the City will
in no way be responsible for any errors or omissions in the preparation of this bid.
4. The undersigned will execute the agreement and furnish the required bonds and
certificates of insurance within ten (10) working days after notice to him of
acceptance of his bid by the City.
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5. The undersigned hereby certifies that this proposal is genuine and not sham or
collusive or made in the interest or on behalf of any person not herein named and
the undersigned has not directly or indirectly induced or solicited any other bidder to
put in a sham bid or any other person, firm or corporation to refrain from bidding, the
undersigned has not in any manner sought by collusion to secure for himself an
advantage over any other bidder.
6. The undersigned will accept an award and enter into a contract for all work
scheduled herein on which he submits a bid. The award for such work shall be
entirely at the discretion of the City after evaluation of the bids. In the event the
bidder to whom the work is awarded fails to enter into a contract and furnish the
required bonds therefore within the time provided, the bidder will be liable for
forfeiture of ten percent (10%) of the total bid amount to the City, even though such
amount may be less than the face amount of the bid security, check or bond posted
with the bid.
7. The undersigned agrees that the quantities given in the Bid Schedule(s), for which
unit prices are bid, are for the comparison of bids only and the City does not
expressly, or by implication, agree that the actual amount of work will correspond
therewith, but reserves the right to increase or decrease the amount of each or to
omit portions of such work, as may be deemed necessary or expedient by the City.
See Article 1.10 of the Contract Services Agreement.
8. Addenda: No: NONE Received
No: Received
No: Received
The undersigned is licensed in accordance with the laws of the State of California
providing for the registration of Contractors.
L.C.PAVING&SEALING,INC. By GlJ'
v�
Name of Firm Si nature
330 RANCHEROS DRIVE,STE.208 PRESIDENT,SEC,TREASURER,VP
Address Title
SAN MARCOS,CA 92069 By
760-752-1743 Signature
Telephone Number Title
621610 A,B &C-12 08/30/2017
License No. Classification Date of Expiration
Page 1 14
* Surety to be utilized for Contract Bonds (Performance Bond and Payment Bond).
ARGONAUT INSURANCE COMPANY ROCKY QUALIN
Name of Surety Local Representative
PO BOX 469011 750 B STREET,STE.2400
Address Address
SAN ANTONIO,TX 78246 SAN DIEGO,CA
619-920-3089
Telephone Number Telephone Number
Best Key Rating
A(XIH) EXCELLENT
Grade Class
*Note: Surety information is required as part of this proposal; failure to provide
such information will cause this bid to be informal and subject to rejection.
Page 1 15
� 4
• • •
0 - 1,000 3.50 / SF
Demo existing concrete: Sawcut, 1,001 - 2,500 3.00 / SF
remove & legally dispose existing 2,501 - 5,000 2.75 / SF
concrete
5,001 + 2s0 / SF
Estimated Annual Total 2,000 3.00 / SF $6,000.00
0 - 100 143.00 / LF
Type 6 Curb and Gutter: 101 -250 142.00 / LF
Construct new per City Detail #200 251 - 500 40.00 / LF
501 + 40.00 ! LF
Estimated Annual Total 200 42.00 / LF $8400.00
Type 8 Curb and Gutter: 0 - 100 54.00 / LF
Construct new per City Detail #201 101 - 250 52.00 ! LF
251 - 500 48.00 / LF
501 + 38.00 / LF
Estimated Annual Total 200 52.00 / LF $1040o.00
Type 6A Curb: Construct new per 0 - 100 26.00 / LF
City Detail #202 101 -250 24.00 / LF
251 - 500 22.00 / LF
501 + 18.00 / LF
Estimated Annual Total 200 24.00 / LF $4,800.00
Type 8A Curb: Construct new per 0 - 100 28.00 /LF City Detail #203 101 -250 26_00 /LF
251 - 500 24.00 /LF
501 + 20.00 /LF
Estimated Annual Total 200 126.00 /LF 1 $5200.00
Cross Gutter and Spandrel: 0 - 100 54.00 /Sy
Construct new per City Detail #209 101 - 250 50.00 /Sy
251 - 500 48.00 /Sy
501 + 48.00 /Sy
Estimated Annual Total 200 50.00 /Sy $10,000.00
0 - 100 56.00 /Sy
Ribbon Gutter: Construct new per 101 - 250 55.00 /Sy
City Detail # 210 251 - 500 52.00 /Sy
501 + 48.00 /Sy
Estimated Annual Total 200 55.00 /Sy $11,0oo.00
0 - 100 46.00 / LF
Type C Curb and Gutter: 101 - 250 42.00 / LF
Construct new per City Detail #212 251 - 500 40.00 / LF
501 - 1000 138.00 / LF
Estimated Annual Total 200 42.00 / LF $s,400.00
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Type D Curb and Gutter: 0 - 100 46.00 / LF
Construct new per City Detail #213 101 - 250 44.00 / LF
251 - 500 42.00 / LF
501 — 1,000 4o.00 / LF
Estimated Annual Total 200 44.00 / LF $8,800.00
4" PCC Sidewalk: Construct new 0 - 250 8.00 / SF
per City Detail #400 251 - 500 7.50 /SF
501 — 1,000 5.50 / SF
1,000 + 5.50 / SF
Estimated Annual Total 200 8.00 /SF $1,600.00
0 - 5 300.00 / EA
Wet-set Truncated Domes (4'X3'): 6 - 15 290.00 / EA
16 - 30 290.00 / EA
31 + 280.00 / EA
Estimated Annual Total 5 300.00 / EA $1,500.00
Glue Down Truncated Domes 0 - 5 550.00 / EA
(4'x3'): 6 - 15 550.00 / EA
16 - 30 54o.00 / EA
31 + 530.00 / EA
Estimated Annual Total 5 55o.00 / EA $2,750.00
Misc. Concrete Flatwork: 0 - 1000 5.50 / SF
Construct new per City Detail #213 1,001 —2,500 5.00 /SF2,501 —5,000 4.75 / SF
5,001 + 4.75 /SF
Estimated Annual Total 2000 5.00 / SF $10,000.00
TOTAL AMOUNT $88,850.00
TOTAL BID WRITTEN IN WORDS
EIGHTY EIGHT THOUSAND EIGHT HUNDRED FIFTY Dollars
and ZERO Cents
Amount Written in Words. This bid will be awarded based upon the total amount bid as
written in words. Where there is a discrepancy between words and figures, WORDS
WILL GOVERN. Where there is a discrepancy between item unit price and extended
total, UNIT PRICE WILL GOVERN.
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Will Contractor mobilize and perform as-needed work for this bid that is less than
$2,000.00 for any particular mobilization? Yes or No YES
What is your minimum amount of work that bidder will accept for a single mobilization?
$1,700.00
Mobilization shall be compensated per Appendix A - A.3. Contractor shall mobilize and
complete each work order within 10 calendar days. All mobilization costs shall be
considered included in the compensation for the associated bid items. Per Appendix A
- B.3, Emergency Work requests will have no minimum and shall be completed within
24 hours of the request. Failure to respond may result in incurred costs, payment
deductions, and/or contract termination.
Bidders Name: L.C.PAVING&SEALING,INC.
Bidder's Address: 330 RANCHEROS DRIVE,STE 208,SAN MARCOS,CA 92069
Date Bid Submitted: 09/13/2017
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