2019/06/05 American Asphalt South, Inc. PMP NO 19-02 Quail Valley Street Resurfacing West ProjectCI'fY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER.CONTRACTOR AGREEMENT
PMP NO. I9-02 (QUAIL VALLEY STREET RESURFACING (WEST) PROJECT)
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 A SPHALT
SOUTH C.("Contractor"), whose princ ipa I business address is 14436 SANTA ANA
AVENUE. T'ONT ANA CA 92337 on the sth day of June, 201!.
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 fumish 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 iumishing of labor, service, materials
and equipment hereinafter referred to as the "Work") in a good worker-like and substantial manner
and to the satislaction of the Agency, in connecrion with the PMP NO. l9-02 (QUAIL VALLEY
STREET RESURFACING (WEST) PROJECT) to be constructed on various streets within the
City olMenifee, Califomia. 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
"8", 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 perlormance 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 ofthe Agency, exclusive
of maintenance periods, within the specified duration set forth in the Notice to Proceed.
I
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Pursuant to Labor Code Section I 771 . I , 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 lndustrial Relations. [EFFECTIVE APRII, l, 2015.]
6. NON-DISCRIMINATION
ln 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. AUTHORIZEDAGENCYREPRESENTATIVES
On behalfofthe Agency, the City Engineerofthe City of Menifee 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 certify that I am aware ofthe provisions
of Section 3700 ofthe 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 ofthis 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:
"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 lhe performance of the Work of this Agreement."
9. ENTIRU AGRE,EMLiN'l': CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor
with respect to the Work. ln the event of conflicl 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 ofthe terms ofthe bid conflicting herewith.
290/0:llE5E-0008
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4. DEI-AYS AND EXTENSIONS OF TIME
See Section 6-6 of the Special Provisions.
5. LABOR CODE REQUIREMENTS
Page 2
IO. MAINl'ENANCE 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 ofthis Agreement and for three (3) years from the date of
final payment under this Agreement, for inspection by Agency and copies thereof shall be
fumished to Agency if requested.
II. INDEPENDENTCONTRACTOR
At all times during the term of this 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. I,ICENSES 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.
I3. GOVERNINC LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the
laws ofthe State of California, and the appropriate venue lor any action or proceeding arising from
this Agreement and/or lhe Contract Documents shall be had in the Superior Court of Riverside,
Temecula Branch
14. COUNTT]RPARTS
This Agreement may be executed in any number of counterparts, each of which shall for all
purposes be deemed to be an original.
I5. FALSE CI-AIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered
lraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the
False Claims Act, California Govemment 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
attomeys' fees. Contractor hereby acknowledges that the filing ofa false claim may the Contractor
to an administrative debarment proceeding wherein Contractor may be prevented from further
bidding on public contracts lor a period of up to five (5) years.
I have read and understood all ofthe provisions of this Section 15, above:
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///
( In it ial)(lnitial)
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.
AGENCYI CONTRACTOR:
City of Menifee -/or.
By:By:
N
Bill Zimmerman, Mayor Its: Vice President
APPROVED AS TO FORM:By:
Lyle Stone
By:Its: Secretary
Jeffrey T. Melching City Attomey
ATTEST:
By:
Contractor's City Business License No.
Sarah A. Manwaring, Cit) Clerk
7849691 A
State Contractor License No. & Class
I4436 SANTA ANA AVENUE
Street Address
FONTANA. CA92337
C ity, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate
persons holding different offices must be provided.l
:q)/o]l858-0{$E
70{568l2a05r2orlq Page 4
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)'.i.-..;-$)'r "^:\r uo*.rtN
(lnitial)(lnitial)
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:
City of Menifee
By'11X'Yr-By:
Name: Jeff Pettv
Its: Vice President
APPROVETJ AS TO FORM:By:
By:Its: Secretarv
v Melching, C rney
ATTESl':
Contractor's City Business Liccnse No.
arah A. M anwar ing, City Cl
784969/ A
State Contractor License No. & Class
I4436 SANTA ANA AVENUE
Street Address
FONTANA. CA92337
City, State, Zip Code
INOTE: In the event the Contractor is a Corporation, the signatures of two separate
persons holding differcnt offices must be provided,l
,"f@fl*^*
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^OSDO|
19 Page 4
Name: Lyle Stone
EXHIBIT A
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
2m0l tE5E-000E
1645641 2 a05t20t 19 Page 5
EXHIBIT B
CONTRACT PRICE
Not-to-Exceed Five Hundrcd Thirty Thousand Five Hundred Sixty Nine Dollars and Sixty
Seven Cents ($530,569.67)
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 ofeach such
item, as determined by the Agency.
290/0ltE5E-0006
7645681.2 a05/20/19 Page 6
Quail Valley Street Resurfacing (West)
PMP No. 19{2
BIDDER'S PROPOSAL (continued,
BIDDER'S PROPOSAL
The undersiBned hereby proposes to furnish any and all labor, materials, and equipment for the
qUAIL VATLEY STREET RESURFACING (WEST) PROtECf, pMp No. 19-02, and appurtenant work in
connection therewith, said work to be done and materials to be furnished in strict conformity
with the plans, specifications, allother referenced documents and all codes and regulataons the
prices shown on this proposal.
The undersigned has examined the location of the proposed work, and is familiar with the plans
and specifications and the local conditions at the place the work is to be done, and also
understands that the proiect will be completely constructed in turn-key condition acceptable to
the Owner be for the price of the proposal, including all fees and sales tax upon any materials
so furnished. The undersigned has also carefully checked all of the figures given and
understandi that the Owner will be responsible for any errors or omis5ions on the part of the
undersi8ned in submitting this proposal.
The Contractor confirms that his/her bid is submitted with respect to the changes to the
contrad included in alladdenda issued bythe Owner.
Receipt is hereby acknowledged of Addenda No.(s)_
The undersigned has examined the current State of California schedule of prevailing wage rates
for the types of work to be done on this project and agrees to pay not less than these rates.
ntati
EtDDER'S pROPOSA| / AODENDA ACXi{OWT EOEMENT
BIO SCHEDULE FORM (SCHEDUIE)
CERTIFICATE REGARDIN6 CONTRACTOR'S TICENSE
BID SECURITY. CASHIER'S CHECl( OR BID BOND
NON.COLLUSION AFFIDAVIT
CONTRACTOR'S REFERENCE I.IST
DESIGNATION OF SUBCONTRACTORS
CONTRACIOR'S CERTIFICATE OF WORKER'S COMPENSATIOI{ INSURANCE
DEBARMENT AND SUSPENSIO'{ CERTIFICATION
CERTIFICATION OF NON.DISCRIMINATIO ANOAFFIRMATIVE ACTION
coPY oF ca oEPT oF TNDUSTR|AT RELATIONS (OtR) REG|STRAT|ON.
All Bidders are REQUIRED to use unit prices where indicated and to complete this schedule.
All items shall be complete and in place per plan5 (if applicable) and these Bid and Contract
Documents.
2900ltE5E{00E
76456E1 2 a05l2i/19
1"2
Page 7
Ouail ValleyStreet Rerurfacing (West)
PMP No. 19-02
EIODER'5 PROPOSAL (continued)
Total in wordsi
Do\hsS
BIO SCHEDUI.E
hu..J<"{ *hrr *hosar.d
3,x11 SetE^) CE^ns
AID
ITEY DESCRIPTIO\ESTII}IATED
Qt,AXTITY t \tT trl{T
PRICE
EXTENDED ITgM
AMOT'NT
1
Mobilization /Demobilization
not to exceed 30,000 l LS 25w."'ooo .
oo7
2 Public Notifications I 3%"o 2,fu.""
J lmplernentalion of 8i/P's I I,S 1fu.o"l,5o.oo
4 Traffic Control I LS Ao.w.*7D M.*
5 Remove Existing Striping,
Legend and RPMS t.s l65co@ 15,5oo.o"
I CHIP SEAL: PirRE with
medium fine size sc.eenings 14.54?SY 4 q4
t ol, qt3.t'5
10 TYPE ll Rubberized Polymer
Modified Slurry (RPMS)TON t8t. 'r 3t3,t"ZZ.5z
11
Signing and Striping per
Exhibit C - Striping Exhibits
All Striping shall be
thermoplastic.
I LS .+3 5c65
I
t{6,5o.6
12 Blue Dot installation at Fire
Hydrants per City Std. No. 705 59 EA lb,so q13.60
TOTAL ftqtr#
ve hundred s ntne
290/03t858-0008
1645641 2 aostz0t 19
1-3
Pagc 8
I
t.s
I
Quail Valley Street Resurfacing (West)
PMP No. 19-02
BIODER'S PROPOSAL (continued)
ln the event of a variation between the unit price and extended total, the unit price will be used
and the corrected extension will be considered as the amount bid. tf the bid is illegible and
cannot be reconciled it will be considered noo-responsive and will not be considered for award.
The loh,e5t responsive bidder shall be determined by comparing sum of the base bid amount(s)
with that of all additive or alternative bids (if any) of bidders deemed by the Owner to be
responsive inall other aspects. lfequal low bidsare received from responsible and responsive
bidders the selection shall be made by drawing lots, or other simllar random blind method
selected by the Owner. lf only one responsive bid is received from a responrible bidder the
award shall not be made unless the price can be determined to be reasonable based on an
analysis by the Owner. The Owner's determination as to the reasonableness of any such bid
shall be final.
AII bids received shall be recorded on an abstract (tabulation) of bids, and then made available
for public inspection.
The quantities listed in the bid proposal are provided to Bive a general indication of the scope of
the work and for the comparison of bids. No warranty is made, either expressed or implied,
that the actual quantities of work to be done will correspond therewith. ltem numbers
followed by "(S)" are designated ai specialty items.
By 5igning and submitting this bid the Contractor confirms that they are familiar with the work
5ite and allexistinE conditions that may arfect thei. work and that they have read and agree to
all the terms, condition5 and requirements contained or referenced herein and that all the
alorementioned has been included in the bid prices listed above including items of work that
may not have a specific pay line item and that there shall be no additional cosB to the Owner.
WARNING: lf an addendum or addenda have been issued by the Owner and not noted above
as bein8 received by the bidder, this Bid may be re,ected.
2900ltE5E{006
1645681 2 aO5/20/19
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Page 9
Quail Valley Street Resurfacing (West)
PMP No. 19{2
Complete the following:
Legal name of the busin
Business (Corporation, Pa.t.ership, Sole Proprteto4
.1//./
BIDDER'S PROPOSAL (continuedl
DBA (il any)
./2,- /n;/roy'
Nameand title ofthe owner
Name and lit e second panner or offrcer
////r/ -Mrlb 4rz{rro-r/ ?/22
Telephone number
(?d/4?-8?22
Em
Aatatanmao qlh 4rort
Company web address
of Prime contr.rtor Oate of Prime Contractor
dr
(tthe Prime Controctor is d cotpototion two siqnoturcs ol cotporcte ollice5 arc equired.)
0ate
U,Z);
290/03r 8t8-0008
16456E1.2 a05l2o/19
1-5
Page l0
,/u/csoanY*oootr'h//-s**4roe
JE# frA(,. Y;., /t:ab//rtt/*.,lcaa/n
Print name anf,tiite
1
quail Valley Street Resurfacing (West)
PMP No. 19-02
BIODEn'S PROPOSAI, (continuedl
CERTIFICAIE NEGAROI G CONTRACTOR'S LICENSC
Contractor is required to possess one ofthe following State Cgntractor,s license:
State of California Class "A and or C-12" Contracto/s license
3. Contractor declares, unde. penalty of perjury, that he possesses the required
Contractor'5 license(s) whichl
Oate Contractor Oat€
2. A tailure to possess the required license, a failure to truthfully set forth the ,ollowing
information, or a failure to execute this Certificate renders the propoial nonresponsive and
requires the City to reiect the proposal. (Business and professions Code Section 7028.15)
This requi.ed license determina on has been made by the Owner. Any Contractor holding a
different license who feels he is qualified to bid on this work must so advise the owner at least
seven (7) days prior to the bid opening. A review of th€ contemplated work will be made and
the Owner's decision as to the required license will be final.
/4'/g/1. bce At*/
Print name .nd litle Print n.meandritle
llthe Ptime contnctor is o.otpototiontwo signotures of.otpotote ollice, orc rcquhed.)
290/03 t858,0008
164s681.2 a05/20/19 Page ll
a. Bears the license n u^a"rl4, 28?7/9
t. erptres on, O9/ /0lO