2015/02/10 AMPAC Construction Services, LLC Dirt Road Grading (4) CITY OF MENIFEE
CONTRACTOR AGREEMENT
DIRT ROAD GRADING
This CONTRACTOR AGREEMENT("Agreement") is made and effective forthe above referenced
Project by and between the CITY OF MENIFEE, a California municipal corporation, ("City'), and
AMPAC CONSTRUCTION SERVICES, a (LLC) ("Contractor"), whose principal business address
is 25802 Victoria Blvd Capistrano Beach, CA 92624 on the 10th day of February, 2015.
In consideration of the mutual covenants and agreements set forth herein, City and Contractor
have mutually agreed as follows.
1. SCOPE OF WORK
Contractor agrees to perform all Work and furnish all the labor, services, materials and equipment
necessary to maintain the area(s) that are the subject of this Agreement, 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 (such maintenance and furnishing of labor, service, materials and equipment
hereinafter referred to as the "Work") in a good workman-likia and substantial manner and to the
satisfaction of City, in connection with the DIRT ROAD GRADING project to be maintained in the
City of Menifee, California (the "Project"). The term "Contract Documents' shall mean this
Agreement, and all of the items enumerated in "Exhibit A". City must consent in writing to any
changes in the scope of Work, with such consent to be in City's sole discretion. Exhibit "A" shall
be deemed revised in accordance with any revisions for which City's consent has been issued.
Any revisions to the scope of Work for which City's consent has not been issued shall be null and
void.
2. CONTRACT PRICE
City hereby agrees to pay and Contractor agrees to accept as full compensation for all Work
performed in accordance with the Contract Documents the Contract Price as set forth in "Exhibit
B", Cost Proposal, attached hereto. Payments to 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 City in accordance with the Contract
Documents.
Contractor shall complete the Work in every detail to the satisfaction of City within the specified
duration set forth in the Notice to Proceed.
4. LABOR REQUIREMENTS
Contractor is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770,
et seq., as well as California Code of Regulations, Title 8, Sections 1600, et seq., ("Prevailing Wage
Laws"), which require the payment of prevailing wage rates and the performance of other
requirements on"Public works' and "Maintenance" projects. If the Work is being performed as part
of an applicable "Public works' or"Maintenance" project, as defined by the Prevailing Wage Laws,
and if the total compensation is ONE THOUSAND DOLLARS ($1,000) or more, Contractor agrees
to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related
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to the maintenance of payroll records and the employment of apprentices. A copy of the general
prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated
in this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each
craft, classification, or type of worker needed to execute the Work available to interested parties
upon request, and shall post copies at Contractors principal place of business and at the project
site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per
day for each worker who works in excess of the minimum working hours when Contractor does not
pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8)
hours is the legal working day. Contractor also shall comply with State law requirements to maintain
payroll records and shall provide for certified records and inspection of records as required by
California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with
all statutory requirements relating to the employment of apprentices. Contractor shall defend (with
counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and
agents free and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
5. NON-DISCRIMINATION
Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against or segregation of, any person
or group of persons on account of any impermissible classification including, but not limited to,
race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated during employment without regard to
their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
6. AUTHORIZED CITY REPRESENTATIVE
The "Contract Officer"shall be such person as may be designated by the City Manager of City. It
shall be the Contractors responsibility to assure that the Contract Officer is kept informed of the
progress of the performance of the Work and Contractor shall refer any decisions which must be
made by City to the Contract Officer. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall
have authority to sign all documents on behalf of City required hereunder to carry out the terms
of this Agreement.
7. COMPLIANCE WITH LAW
Contractor and any subcontractor shall comply with all applicable local, state, and federal laws
and regulations applicable to the performance of the work hereunder. Contractor shall not hire or
employ any person to perform work within City or allow any person to perform the Work required
under this Agreement unless such person is properly documented and legally entitled to be
employed within the United States. Any and all work subject to prevailing wages, as determined
by the Director of Industrial Relations of the State of California, will be the minimum paid to all
laborers, including Contractor's employee and subcontractors. It is understood that it is the
responsibility of Contractor to determine the correct scale. The State Prevailing Wage Rates may
be obtained from the California Department of Industrial Relations ("DIR") pursuant to California
Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records
demonstrating compliance with such requirement shall be maintained in a safe and secure
location at all times, and readily available at City's request. Contractor shall indemnify, defend,
and hold City and its elected and appointed boards, members; officials, officers, agents,
representatives, employees, and volunteers harmless from and against any liability, loss,
damage, cost or expenses (including but not limited to reasonable attorneys' fees, expert witness
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fees, court costs, and costs incurred related to any inquiries or proceedings)arising from or related
to (1) the noncompliance by Contractor or any party performing the Work of any applicable local,
state, and/or federal law, including, without limitation, any applicable federal and/or state labor
laws (including, without limitation, the requirement to pay state prevailing wages and hire
apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be
amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party
performing the Work to provide any required disclosure or identification as required by Labor Code
Section 1781, as the same may be amended from time to time, or any other similar law. It is
agreed by the Parties that, in connection with performance of the Work, including, without
limitation; any and all publicworks (as defined by applicable law), Contractor shall bear all risks
of payment or non-payment of prevailing wages under California law and/or the implementation
of Labor Code Section 1781, as the same may be amended from time to time, and/or any other
similar law. Contractor acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance with such laws.
Contractor shall require the sameof all subcontractors.
8. CONTRACTOR'S INSURANCE
(a) Policies:
Contractor shall obtain and maintain during the entire term of this Agreement the following
insurance policies from companies admitted or authorized in the State of California to transact
the insurance business inthe class of the type provided and shall have a general policyholder's
rating of not less than an "A" and a financial size of fifty million dollars ($50,000,000) (currently
Class VII) or better in the most current A.M. Best's Key Rating Guide; which standards shall be
met by such the issuing company and not by means of the standing or assets of their parent,
subsidiary or affiliate entities:
(1) Comprehensive General Liability. Coverage shall include premises-operations,
products/completed operations (10 years), broad form property damage, personal injury,
bodily injury and blanket contractual liability, shall be provided on a "pay on behalf' basis,
with defense costs payable in addition to policy limits, there shall be no cross-liability
exclusion, there shall be no land subsidence exclusion, and there shall be no prohibition
against payment of a SIR or deductible in the event of the named insured's failure to do
so, in the following coverage amounts:
General Liability: ONE MILLION DOLLARS ($1,000,000.00) per person per occurrence;
TWO MILLION DOLLARS ($2,000,000.00) annual aggregate combined;
TWO MILLION DOLLARS ($2,000,000.00) products/completed operations
aggregate; and
ONE MILLION DOLLARS ($1,000,000.00) property damage or bodily
injury occurrence.
(2) Automobile Liability. Coverage shall include owned, hired and non-owned vehicles, shall
be provided on a "pay on behalf' basis, with defense costs payable in addition to policy
limits, there shall be no cross-liability exclusion, and there shall be no prohibition against
payment of a SIR or deductible in the event of the named insured's failure to do so, in the
following coverage amounts: -
Auto Liability: ONE MILLION DOLLARS ($1,000,000.00) per person per occurrence; and
AMPAC Construction Services Agreement
ONE MILLION DOLLARS ($1,000,000.00) property damage or bodily
injury per occurrence.
(3) Workers' Compensation Insurance. Contractor shall, at its sole cost and expense, maintain
Statutory Workers'Compensation Insurance and Employers Liability Insurance for any and
all persons employed directly or indirectly by Contractor pursuant to the provisions of the
California Labor Code. Statutory Workers' Compensation Insurance and Employers
Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS
($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per
employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the
alternative, Contractor may rely on a self-insurance program to meet those requirements,
but only if the program of self-insurance complies fully with the provisions of the California
Labor Code. Determination of whether a self-insurance program meets the standards of
the California Labor Code shall be solely in the discretion of the Contract Administrator. The
insurer, if insurance is provided, or Contractor, if a program of self-insurance is provided,
shall waive all rights of subrogation against City and its officers, officials, employees, and
authorized volunteers for loss arising from the Work performed under this Agreement.
9. ENDORSEMENTS
Endorsements shall be obtained so that each policy contains the following four provisions, the
wording for which shall be to the satisfaction of the City Attorney:
(1) Additional Insured. City and its officers, employees, agents, and authorized
volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of the Work performed by or on behalf of Contractor,
including the insured's general supervision of Contractor; products and completed
operations of Contractor, as applicable; premises awned, occupied, or used by
Contractor and automobiles owned, leased, or used by Contractor in the course
of providing the Work pursuant to this Agreement. The coverage shall contain no
special limitations on the scope of protection afforded to City or its officers,
employees, agents, or authorized volunteers. The insurance provided to City as
an additional insured must apply on a primary and non-contributory basis with
respect to any insurance or self-insurance program maintained by City. Additional
insured status shall continue for one (1) year after the expiration or termination of
this Agreement or completion of the Work.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and
volunteers, and that no insurance or self-insurance maintained by City shall be
called upon to contribute to a loss under the coverage.
(2) Preferred Forms. General Liability: no less broad than ISO form CG 0001;
coverage must be on a standard Occurrence form. Claims-made not acceptable.
Automobile coverage: at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting
the coverage. The insurance shall cover on an occurrence or an accident basis,
and not on a claims-made basis.
(3) Notice. Contractor shall provide written notice to City within ten (10) working days
if: (1) any of the required insurance policies is terminated; (2) the limits of any of
the required polices are reduced; or (3) the deductible or self-insured retention is
increased. In the event any of said policies of insurance are cancelled, Contractor
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shall, prior to the cancellation date, submit new evidence of insurance in
conformance with Sections 8, 9, and 10 to the Contract Officer.
(4) Primary Coverage
The insurance provided to City as an additional insured must apply on a primary
and non-contributory basis with respect to any insurance or self-insurance program
maintained by City. The policy must provide primary coverage to City and its
officers, employees, agents, and authorized volunteers. It may not be secondary
or in any way subordinate to any other insurance or coverage maintained by City.
(5) Waiver of Subrogation
Contractor waives any right of recovery it may have against City and its officers,
employees, agents, and authorized volunteers because of payments it may make
for injury or damages arising out of its ongoing operations or Work done under this
Agreement-
(6) Insurance and Indemnity Obligations Separate.
The requirements as to the types and limits of insurance coverage to be
maintained by Contractor as required by this Agreement, and any approval of such
insurance by City, are not intended to and shall not in any manner limit or qualify
the liabilities and obligations otherwise assumed by Contractor pursuant to this
Agreement including, but not limited to, the indemnification provision.
10. INSURANCE CERTIFICATES
Prior to beginning the Work under this Agreement, Contractor shall furnish City with Certificates
of Insurance, additional insured endorsement or policy language granting additional insured
status complete certified copies of all policies, including complete certified copies of all
endorsements. All copies of policies and certified endorsements shall show the signature of a
person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance
must include the following reference: DIRT ROAD GRADING The name and address for
Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of
Menifee, 29714 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured
for liability arising out of ongoing and completed operations by or on behalf of Contractor.
11. LABOR AND MATERIALS AND PERFORMANCE BONDS
Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor
and materials) bond and a performance bond, each in the sum of the amount of this Agreement,
in the forms provided by the City Clerk,which secures the faithful performance of this Agreement.
The bonds shall contain the original notarized signature of an authorized officer of the surety and
affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be
unconditional and remain in force during the entire term of this Agreement and shall be null and
void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement.
12. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall protect, indemnify, defend (with counsel
satisfactory to City) and hold harmless City and any and all of its officers, employees, officials,
volunteers, and agents from and against any and all claims, losses, costs, damages, expenses,
liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity,
or otherwise) charges, awards, assessments,fines, or penalties of any kind (including reasonable
AMPAC Construction Services Agreement
consultant and expert fees and expenses of investigation, costs of whatever kind and nature and,
if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and
any judgment, 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, (1) the performance of the
Work; (2) the breach of the covenants or the obligations of Contractor under this Agreement,
including but not limited to, (A) violations of or a failure to comply with any safety order, rule or
regulation, (B) defective Work, or(C) any and all liens, stop notices, charges of every type, nature
or kind which may be at any time filed or claimed against the Project or any portion thereof, or
City as a consequence of acts of Contractor, its Subcontractors, material suppliers or others for
which they are responsible, provided that City is not in default of its payment obligations under
this Agreement; (3) any equal opportunity, unemployment, withholding, social security, workers'
compensation or other employee benefit claims with respect to Contractor or any Subcontractor
arising out of the Work; or (4) violation of any local, State or Federal law, regulation or code by
Contractor or any Subcontractor. Except as specifically limited as set forth below, the
indemnification by Contractor of the indemnified parties under this Section 12 shall apply
regardless of any concurrent or contributory active and/or passive negligent act or omission of
any indemnified party; provided, however, that Contractor should not be obligated to indemnify a
party for liability arising from the sole negligence or willful misconduct of the indemnified party.
Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or
obligation of indemnity which would otherwise exist as to any party or person described in this
Section 12. Such indemnification and hold harmless shall include all defense-related fees and
costs associated with the defense of City, by counsel selected by City. Contractor's
indemnification obligations as set forth in this Section 12 shall not terminate on completion of the
Work, but shall survive in perpetuity.
In any and all claims against City, or any and all of its officers, employees, officials, volunteers,
and agents by any employee of Contractor, any Subcontractor, any supplier of Contractor or
Subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligation under this Section 11 shall not be limited
in any way by any limitation on the amount or type of damages, compensation or benefits payable
by or for Contractor or any Subcontractor or any supplier of either of them under workers' or
workmen's compensation acts, disability_benefit acts or other employee benefit acts.
The provisions of this Section 12 do not apply to claims occurring as a result of City's sole or
active negligence. The provisions of this Section 12 shall not release City from liability arising
from gross negligence or willful acts or omissions of City or any and all of its officers, officials,
employees, and agents acting in an official capacity.
The indemnity provisions in this Section 12 shall survive the termination or expiration of this
Agreement until such time as action against any indemnified party on account of the matter
covered by the indemnity is barred by the applicable statute of limitations, and shall not be limited
in any way by the amount of insurance obtained by any indemnified party.
13. ENTIRE AGREEMENT; CONFLICT
This Agreement including the attachments hereto is the entire, complete, and exclusive expression
of the understanding of the parties. It is understood that there are no oral agreements between the
parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all
previous negotiations, arrangements, agreements,and understandings, if any, between the parties,
and none shall be used to interpret this Agreement. No amendment to or modification of this
Agreement shall be valid unless made in writing and approved by Contractor and by the City Council
of City. The parties agree that this requirement for written modifications cannot be waived and that
any attempted waiver shall be void. - In the event of conflict between the terms of this Agreement
AMPAC Construction Services Agreement
and the scope of Work attached hereto as Exhibit A, then, this Agreement shall control and nothing
herein shall be considered as an acceptance of the terms of the scope of Work conflicting herewith.
14. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts,
invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies,
or other documents relating to the disbursements charged to City and the Work performed
hereunder (the "Books and Records"), as shall be necessary to perform the Work required by this
Agreement and enable the Contract Officer to evaluate the performance of such.Work. Any and all
such Books and Records shall be maintained in accordance with generally accepted accounting
principles and shall be complete and detailed. The Contract Officer shall have full and free access
to such Books and Records at all times during normal business hours of City, including the right to
inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books
and Records shall be maintained for a period of three (3) years following completion of the Work
hereunder,and City shall have access to such Books and Records in the event any audit is required.
In the event of dissolution of Contractor's business, custody of the Books and Records may be
given to City, and access shall be provided by Contractor's successor in interest.: Under California
Government Code Section 8546.7, if the amount of public funds expended under this Agreement
exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any audit of City, for
a period of three (3)years after final payment under this Agreement.
15. - INDEPENDENT CONTRACTOR
Neither City nor any of its employees shall have any control over the manner, mode, or means by
which Contractor, its agents, or employees, perform the Work required herein, except as otherwise
set forth herein. City shall have no voice in the selection, discharge, supervision, or control of
Contractor's employees, servants, representatives, or agents, or in fixing their number,
compensation, or hours of service. Contractor shall perform all Work required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Contractor shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with
Contractor. Contractor shall not incur or have the power to incur any debt, obligation, or liability
whatever against City, or bind City in any manner. Except for the Contract Price paid to Contractor
as provided in this Agreement, City shall not pay salaries, wages, or other compensation to
Contractor for performing the Work hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing the Work hereunder.
Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Contractor and any of its employees, agents, and subcontractors providing work under
this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident
of employment by City, including but not limited to eligibility to enroll in the California Public
Employees Retirement System ("PERS")as an employee of City and entitlement to any contribution
to be paid by City for employer contributions and/or employee contributions for PERS benefits.
16. LICENSES AND PERMITS
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may
be required by law for the performance of the Work required by this Agreement, including a City of
Menifee business license. Contractor and its employees, agents, and subcontractors shall, at their
sole cost and expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required for the performance of the Work required by this
Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes,
AMPAC Construction Services Agreement
plus applicable penalties and interest, which may be imposed by law and arise from or are
necessary for Contractor's performance of the Work required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City
hereunder. Contractor shall be responsible for all subcontractors' compliance with this Section 16.
17. RETENTION OF FUNDS
Ten percent (10%) of the Contract Price shall be retained as performance security to be paid to
Contractor within sixty (60) days after final acceptance of the Work by the City Council of City, after
Contractor has furnished City with a full release of all undisputed payments under this Agreement,
if required by City. In the event there are any claims specifically excluded by Contractor from the
operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one
hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not
affect Contractor's obligations hereunder.
18. GOVERNING LAW, VENUE -
This Agreement shall be interpreted, construed, and governed both as to validity and to
performance of the Parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Riverside, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court,
venue shall lie exclusively in the Central District of California, in Riverside.
19. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to
Contractor, or any successor in interest, in the event of any default or breach by City or for any
amount which may become due to Contractor or to its successor, or for breach of any obligation of
the terms of this Agreement,
20. ATTORNEYS' FEES
If either party to this Agreement is required to initiate or defend or made a party to any action or
proceeding in any way connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall
be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded
pursuant to this Section 20 shall not exceed the hourly rate paid by City for legal services multiplied
by the reasonable number of hours spent by the prevailing party in the conduct of the litigation.
Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to
attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking
depositions and discovery, and all other necessary costs the court allows which are incurred in such
litigation. All such fees shall be deemed to have accrued on commencement of such action and
shall be enforceable whether or not such action is prosecuted to judgment. The court may set such
fees in the same action or in a separate action brought for that purpose.
21. WAIVER
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default
shall impair such right or remedy or be construed as a waiver. A parry's consent to or approval of
any act by the other party requiring the party's consent or approval shall not be deemed to waive or
render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by
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either party of any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
22. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original,
and such counterparts shall constitute one and the same instrument.
23. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to City, 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 City seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys'
fees.
I have read and understood all of the provisions of this Secti above:
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initia
24. NO THIRD 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.
25. PROHIBITION AGAINST ASSIGNMENT
The experience, knowledge, capability, and reputation of Contractor, its principals, and employees
were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not
contract with any other entity to perform in whole or in part the Work required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest herein may be
transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law,
whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in concert
of more than twenty five percent(25%) of the present ownership and/or control of Contractor, taking
all transfers into account on a cumulative basis. In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release Contractor or any surety of Contractor of any liability hereunder without the express consent
of City.
26. EXECUTION OF CONTRACT
The persons executing this Agreement on behalf of each of the parties hereto represent and warrant
that(i) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and(iv)that entering into this Agreement does not violate
any provision of any other Agreement to which said party is bound. This Agreement shall be binding
upon the heirs, executors, administrators, successors, and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
AMPAC Construction Services Agreement
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date
first written above.
CITY OF MENIF CONTRACTOR
By: AMPAC CONSTRUCTION SERVICES
Robert . Jonson,!�C�tyVa—na—ger
APP TO FORM
By
Jeff a Ching, City A ney
Printed Name:Scott Rettenberg
Title: President p
ATT ; By:
Kathy Bennett, City Clerk
Printed Name:Don Dailaoe
Contract Approval Date Title:Controller
Contractor'ss,� y
City Bus. License—No.
`'B OgH O
State contractor's Lic. No. and Class
25802 Victoria Blvd
Address:
Capistrano Beach CA 92624
City, State and Zip Code
In the event the Contractor is a Corporation, the signatures of two separate persons holding
different offices must be provided. Contractor's signatures shall be duly notarized, and
appropriate attestations shall be included as may be required by the bylaws, articles of
incorporation, or other rules or regulations applicable to contractor's business entity.
AMPAC Construction Services Agreement
EXHIBIT A
SCOPE OF WORK
DIRT ROAD GRADING- WINTER OF 2015
Road From To Total
Brigg Road County Line Garbani Road 1,740' x 20'= 34,800 sq ft
Waldon Road Murrieta Road Bundy Canyon Road 470' x 15'= 7,050 sq ft
Garbani Road Sherman Road Tupelo Road 2,640' x 15' = 39,600 sq ft
Bradley Road Scott Road Wickerd Road 2,640' x 15' = 39,600 sq ft
Wickerd Road Bradley Road Evans Road 3,170' x 15' =47,550 sq ft
COX Road Scott Road Wickerd Road 3,170' x 15' = 47,550 sq ft
Melvin Street Craig Ave Holland Road 3,170' x 15' =47,550 sq ft
Geary Street Craig Ave Holland Road 3,170' x 15' =47,550 sq ft
Evans Road Wickerd Road Garbani Road 3,170' x 15' =47,550 sq ft
Hawthorne Street Craig Ave Holland Road 3,170' x 15' =47,550 sq ft
Sherman Road Ethanac Road Rouse Road 4,750' x 15' = 71,250 sq ft
Tucker Road North of Scott Road First 775' 775' x 15' = 11,625 sq ft
Merritt Road South of Scott Road First 100' 1 00' x 15' = 1,500 sq ft
Hook Lane Garbani Road Roche Lane 250' x 15' = 3,750 sq ft
Roche Lane Hook Lane Cul-du-sac 300' x 15' =4,500 sq ft
Total: 32,685 linear feet 498,975 square feet
"All measurements are approximates
AMPAC Construction Services Agreement
EXHIBIT B
CONTRACT PRICE
The Contract Price as set forth in the attached Cost Proposal 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 City.
(Attach the Contractor's Cost Proposal to this when processing the contract.)
AMPAC Construction Services Agreement
AMPAC Construction Services Estimate
25802 Victoria Blvd
Capistrano Beach, CA 92624 Date estimate#
1/28/2015 1011
Name/Address
City of Menifee
Project
Description City Rate Total
Flat Grade Dirt Roads in the City using a Blade,Price per square 498,975 0.0191 9,531.04
foot(See street and Square Foot information Attached)
Quantity is in Sq.Ft.,Work to commence within(2)business days
from acceptance of this Estimate. A written Purchase Order is to
be provided. Equipment is to be rented by Contractor,and the cost
is included in the bid. Bid is for Basic Grading;any undefined
issues that prohibit the completion of the work will be added as a
change order to the job. AMPAC is not responsible for any
subterranean defects that may arise.Including but not limited to
Fissures,and unforeseen erosion that undermines the stability of
the road.
A water truck is included in the estimate,if there is sufficient
water on the ground and one is not necessary,please deduct
$300.00 from this bid,
Quote is based on roads being in close proximity so equipment can
be operated continuously without trucking the equipment from site
to site.
The terns of the agreement are net 30
Subtotal $9,531.04
Sales Tax (0.0n/o) $0.00
Total $9,531.04