2016/08/05 COPP Contracting, Inc. Antelope Road Safe Routes to School (SR2S), CIP No. 15-05 CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP NO. 15-05, ANTELOPE ROAD SAFE ROUTES TO SCHOOL (SR2S)
This Owner-Contractor Agreement ("Agreement") is made and entered into for the above
referenced Project by and between the City of Menifee("Agency"), and COPP Contracting,Inc.
("Contractor"), whose principal business address is 6751 Stanton Avenue, Buena Park CA
90621 on the P day of August, 2015
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. 15-05
Antelope Road Safe Routes to School 02S) to be constructed on Antelope Road 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.
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4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.
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, 2015.1
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.
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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 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 bean 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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7e45681.2a /14«5 Page 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed th,
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document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. f
State of California ) JJJ
County of— OFA GE
On JULY 15, 2015 -before me, YOLANDA LUJAN - NOTARY PUBLIC
Date Mere Insert Name and Title of the, Officer
personally appeared EZEKIEL A. COPP AND ERLINDA_COPP
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names)=lslare
subscribed to the within instrument and acknowledged to me that4VfstTe/1hey executed the same in
#*#kredtheir authorized capacpty(ies),and that by#rf Yher/their signatures)on the instrument the person(s),
or the entity upon behalf of which the persons) actedexecuted-the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my han ,and official seal.
UA Signatur-
YOLAN LU7AN --------
a` COMM#2074108 > r nat otary Public
w•S* Notary Public-California J
K tnAw.. ORANGECOUNTY
«mycomn.,MM»1pi 1,Aug.1»1111
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: CONTRACTS .— Document Dale: JULY 15, 2015
Number of Pages: 6 -_ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: EZEKIEL A. COPP Signer's Name: ERLINDA COPP
M Corporate Officer — Titie(s):--i RESIDENT X1 Corporate Officer — Title(s): SECRETARY
t l Partner -- i ' Lfrnited '-]General f l Partner — 1 1 Limited [ 1 General
1•Individual Attorney in.Fact i Individual L"i Attorney-in'fact
J Trustee 1 Guardian or Conservator 1 Trustee LI Guardian or Conservator
Other:�.... __._..--- ❑ Other: _
Signer Is Representing: — Signer Is Representing: _
COPP CONTRACTIN(5, INC. COPP CONTRACTING, INC.
02014 National Notary Association -www.NatbmINotary.org,• 1-800-US NOTARY-Cl BQ0-R7j34i827) Item-45997
Eh-1- C1. C .
(Initial) (Initial)
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 COPP CONTRACTING, INC.
!S
By: By: r,--X A - Grf
Scott A. Mann,Mayor N�EKIEL A. COPP
Its: PRESIDENT
APPROVED AS TO FORM: By: �S =Ix�_U
Name: ERLINDA COPP ,
By: Its: SECRETARY
7e ey Melchmg Attorney
ATTEST:
By:
Kathy Bennet, City Clerk Contractor's City Business License No.
#384209 "A"
State Contractor License No. & Class
6751 STANTON AVE.
Street Address
BUENA PARK CA 90621-0457
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: 463,518.36
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. See attached bid schedule for Antelope Road Safe
Routes to School (SR2S), CIP 15-05
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