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2019/08/07 American Asphalt South, Inc. Menifee Lakes Slurry Seal Phase 1 (PMP 19-01)CITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGREEMENT MENIFEE LAKES SLURRY SEAL PHASE 1 (PMP 19.01) This Owner-Contractor Agreement ("Agreement") is made and entered into for the above referenced Project by and between the City of Menilee ("Agency"). and AMERICAN ASPHALT SOUTH, INC ("Contractor"). whose principal business address is l,l,136 Santa Ana Avenue, Fontana, CA 92337 on the y of lqu qGat , 2019_.t^ da In consideration of the mutual covenants and agreements set forth herein, the Agency and Contractor have mutually agreed as follows: I. CONSTRUCTION The Contractor agrees to do all the Work and t-urnish all the labor, services. materials and equipment necessary to conslruct 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 l'urnishing of labor. service, materials and equipment hereinafter referred to as the "Work") in a good worker-like and substantial manner and to the satisfaction ofthe Agency, in connection with the MENIFEE LAKES SLURRY SEAL PHASE I (PMP l9-01) to be constructed at the Menifee Lakes Community in the City of Menitbe, Calilornia. 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 rvhich Agency's consent has been issued. Any revisions to the scope of Work for u'hich Agency's consent has not been issued shall be null and void. Time is of the essence in the performance of Work for this Agreement and all timing requirements shall be strictly adhered to unless otherrvise modified by the Agency in accordance with these Bid and Contract Documents. The Contractor shall complete the Work in every detail to the satisfaction ofthe Agency. exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. 290r011858-0008 Page I 2. CONTRACI'PRICT,] 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 4. DELAYS AND EXTENSIONS OF TIME See Section 6-6 ofthe Special Provisions. 5. LABOR CODE REQUIREMENTS Pursuant to Labor Code Section l77l.l. the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuanl 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 lndustrial Relations. [EFFECTIVE APRIL l, 2015.] 6. NON-DISCRIMINAI-ION 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 ofemployment because ofsuch person's race. religious status, sex or age. 7. AUTHORIZEDACENCYREPRESENTATIVES On behalfofthe Agency, the City Engineer ofthe City of Menif'ee shall be the Agency's authorized representative in the interpretation and enforcement ofall 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'COMPENSATIONINSURANCE a) By my signature hereunder, as Contractor, I certiry that I am aware ofthe provisions ofSection 3700 oithe 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 u,ith such provisions before commencing the performance of the Work of th is Agreement. b) The Contractor shall require each subcontractor to comply with the requirements ofSection 3700 ofthe Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "l 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." ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. ln the event of conflict between the terms of this Agreement and the bid ofthe Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance ofthe terms ofthe bid conflicting herewith. 9 290 0i t858Jr008 7645681 2 n07r26,19 Page 2 IO. MAINTENANCE OF AGREEMENT DOCUMENI'ATION 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. II. INDEPENDENTCONTRACTOR At all times during the term ofthis Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner orjoint venturer ofthe 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 Contraclor 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 prof'ession. I3. GOVERNING LAW. VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the Iaws ofthe 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. I5- FAI,SF, ('I,AIMS 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 lor 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 lhe 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 debannent proceeding wherein Contractor may be prevented from further bidding on public contracts for a period ofup to five (5) years. I have read and understood all ofthe provisions of this Section 15. above: 290101l8t8-0008 7645681 I 07/26 19 Page 3 (lnitial)(lnitial) City of Menifee By:By By: Name: Jelf Petty By: Its: Vice President Name: Lyle Stone lts: Secretarv Je yT Melching, Ci v ATTEST: Contractor's City Business License No A anwanng,Citv ClerM 784969. Class A State Contractor License No. & Class 14436 Santa Ana Aven uc Street Address Fontana. CA 92337 City, State, Zip Code INOTE: In the event the Contractor is a Corporation, the signaturcs of two separate persons holding different offices must be provided.l S 290/03lE5E-000E 16456A1 -2 aO7 t26t 19 Page 4 I6. AGREEMENTMODIFICATION 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: )4r)'/ Bill Zi$r(te7nan, M ay or APPROVED AS TO FORM: .,._.', sv,f { ( In it ial)(lnitial) I6. ACREEMENTMODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Agency and the Contractor. lN WITNESS WHEREOF this Agreement is executed as of the date first written above. AGENCY: CONTRACTOR: City of Menifee u" -l/.A ,h/By Nam;Z Pett\ B|IIZ an. Malor APPROVED AS TO FORM: By: Jeffrey T. Melching, City Attorney ATTEST: By: Its: Vice Presidenta$ By:*a- Nalfr6 : Lyle Stone Its: Secretary ulb0\ Contractor's City Business License No. Sarah A. Manwaring. City Clerk 781969 Class A State Contractor License No. & Class 14436 Santa Ana Avenue Street Address Fontana, CA 92317 CiIy. State. Zip Code [NOTE: In thc event the Contractor is a Corporation, the signatures of two separatc persons holding different offices must be provided.l t90 0t!85&0008 Page 4 EXHIBITA CONTRACT DOCUMENTS Owner-Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifi cations) Standard Specifications for Public Works Construction and Regional Supplements State Standard Specifi cations State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, gas, telephone, and cable television company specifications and standards 290 03185&0008 76,1t681 I a07 26 19 Page 5 EXHIBIT B CONTRACT PRICE Three Hundred Seventy Thousand Five Hundred Thirty Three Dollars and Fifteen Cents ($370,s33.1s) The Contract Price for perlorming 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 ofeach such item. as determined by the Agency. 290i031858-0()08 76.15681 2 a07r26rl9 Page 6