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2018/02/13 Pest Options, Inc. FY17/18 On-Call Row Vegetation Abatememt ServicesCITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGREEMENT FY I7lI8 ON-CALL ROW VEGETATION ABATEMENT 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 PEST OPTIONS. INC. ("Contractor"), whose principal business address is 135 N. Manchester Ave Anaheim CA 92802 on the l3th dayoflFebruarv,20l8. In consideration of the mutual covenants Contractor have mutually agreed as follows: and agreements set lorth herein, the Agency and 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 fumishing 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 '"vith the (FYl7/18 ON-CALL ROW VEGETATION ABATEMENT SERVTCES to be constructed on (RIGHT-OF-WAYS) in the City of Menifee, Califomia. The term Contract Documents shall mean this Agreement, and all ol 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 ofthe Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. 4.DELAYS AND EXTENSIONS OF TIME ) r290/0t r858-0008 7645081.2 a02l13/18 Page I See Section 6-6 of the Special Provisions. 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 l77l .4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [EFFECTIVE APRIL l,2015.] 6. NON.DISCRIMINATION In the perlormance ofthis Agreement, the Contractor sha[[ not refuse or fail to hire or employ any qualified person, or bar or discharge from emplopnent 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. AUTHORZEDAGENCYREPRESENTATIVES a) By my signature hereunder, as Contractor, I certify that I am aware ofthe provrstons 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 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: "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 wi[[ comply with such provisions before commencing the performance of the Work of this Agreement." 9. ENTIREAGREEMENT;CONFLICT The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Wolk. 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. IO. 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 o[ 200/011858-0008 76:15681.2 a02/ll/18 Page 2 5. LABORCODEREQUIREMENTS On behalf of the Agency, the City Engineer ofthe 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'COMPENSATIONINSURANCE 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 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 Califomia, 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 I4. 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, Califomia 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 falsiry 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 ofup to five (5) years. I have read and understood all ofthe provisions of this Section 15, above: YX( (lnitiaD 290/031358-0008 7645681.2 aol/ll/lE ,\ 1 ( \ In itial.l Page 3 16. AGREEMENTMODIFICATION This Agreement and the Contract Documents may not be modified orally or in any marmer 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 PEST OPTIONS. INC ABv: By: *-9 tae ,L/4/\<-9/-By, Armando Villa, City Manager APPROVED AS TO FORM: Name: T Thom n Its: P t) )1.7- Its :Secretarvu1By: ATTEST:O 3c1e oS tractor's City Business License No By: Manw g, City Clerk 3z4tL" PesT(lewzpa- -7't-77Lt3 e -2-l State Contractor License No. & Class 135 N. Manchester Ave Street Address Anaheim. CA 92802 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.l S 290/01l85E-0008 7645681 2 502111/13 Page 4 ,t Name: Brvan Thompson A 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 Specifications State Standard Plans Permits issued by jurisdictional regulatory agencies Electric, gas, telephone, and cable television company specifications and standards 290/01t858-0008 7645681.2 a02/ll/18 Page 5 EXHIBIT B CONTRACT PRICE 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 items, as determined by the City. The total contract amount is in the not-to- cxceed amount ol': $25.812.19 (Trventl Five Thousand Eight Hundred Twelve Dollars and Nineteen Cents). 290/01I853-0008 7645681.2 a02rll/18 Page 6 Pest Options, Inc. February 5, 201 8 To: Company Site(s): Proposal lbr Sprav Services Fiscal 2017-2018 lntent: The intent ofthis proposal is alter the weed abatement contract from a reactive contract to a proactive service. The benefit is reduced man hours on roadsides, better year round app€arance, and reduced cost. On the following page is the fee schedule for this new proactive service. Note the service for spraying cracks in asphalt is a one time service (hiJighted in yellow). Below is the proposed schedule: Pre-emergent: Typically applied between October & December Post emergent: Spring, prior to end of frscal We suggest a post emergent in the late summer to manage any break throughs, not included in the pricing on the following page Therc may be some grolrth that rvill need to mechrnicall)' cut due to latc start Services: Maintain areas on following page at 6 inches or less ofweed growth year-round. Invoicing: Upon completion of each line item The pricing offered is a 35% discount over l6-17 because all the mechanical work is not included and will not need to be done because ofchemical control program. This expands the budget ereatly. Any areas that are added will be billed at l6-17 prices {00139477 ) PCA #75368 QAL #98209 sPCB PR#4089 C27 #777703 PO Box 5827i Orange, CA 92863-5827 1 -888-790.7799 office 7 14-224-7383 lax Email: info@pestoptions.com Rudy Luna City of Menifee ROW Areas Pest Options, lnc. Start Stop 16'17 Rates 15-lTTotalt 17-18Rates 17-l8Totals B.adley East Slde 5 0 225 s 1,600.06 S 0.145 S 1,040 04comwall5S 0.22s S 0.145 Chambers s 5 o.22s 5 0.145 Nodh Side Sherman 10 5 0 445 s 1,812.32 5 0.28s S 1,178.01 North Side Sherman 10 5 0.445 5 0.289 North Side California Ranch Market 1st Street 10 s 0.445 S 0.28s Nodh Side 1st Street 27666Hvty 74 5 5 o.22s S 0.146 Nodh Side 2nd St Build ng 10 S 0.44s s 0.289 North Side 10 s 0.445 S 0.289 North Side 5 5 0.22s S 0.146 North Side 4rh 10 s 0.445 $ 0.289 North Side 5 S 0.22s I 0.146 No.th Side Eller Park 10 5 0.445 S 0.289 North Side Eastern EdBe ofwall l0 s 0.445 s 0.289 Cracks Monk/5ta.k 5 5 0.22s 5 1,484.46 5 964.90 soLrth side 8e lamy Road 10 S 0.44s 5 636.3s 5 0.28s 5 413.53 20 5 0.900 S 2,3s8.7s 5 o.s8s S 1,s33.19Park City 70 5 0.900 S o.s8s Easl Side Park City Service Road 20 5 0.900 S o.s8s East Side Park Cily 5€rvice Road 5 s 0.44s S 0.289 Mccall South Side HOA 20 s 0.900 S 821.1s 5 o.s8s s 533.7s South Side Sherman HOA 10 S 0.445 S 0.289 crait Nodh Side Edse of Schoo Evans 10 S 0.445 s 240.15 5 0.289 S 1s6.49 East 5ide Craig B.iarlea 10 s 0.445 s 259.23 S 0.289 5 17s.oo Scott Road Nonh Side 10 s 0.445 s s82.9s S 0.289 5 378.92 MrCall South Side Overpass Enc.nto 10 S 0.44s S 2,167.S 0.289 5 r,79s.14 McCall North Side OverpesJ Encanto 10 S 0.44s S 0.289 Scott Road 10 S 0.44s S 5,874.00 5 0.289 s 3,818.10 Mcc.ll McLaughlin 10 s 0.44s S 3,524.40 s 0.28e s 2,290.86 N/O Salt Creek Renaissance Circle 20 5 o.gm 5 7,L2.t5 s 0.s8s s 4,622.90 N/OSaltCreek 2A S o.9oo S 0.58s N/O Salt Creek Renaissance Circle 20 s 0.9m 5 o.s8s N/O Salt Cree k Renaissance Circle 10 5 0.445 $ 0.289 N/O Salt Creek 5 5 A.225 5 0.145 South Side Bradley gortlebrush s 0.9m s 2,605.50 S o.s8s S 1,693.s8 South Side Bottiebrush 5 5 0 22s I 0.145 East S de Brandywine Chambers 5 s 0 22s S 280.13 5 0146 S 182.08 East Side Mccall cherry Hills 5 0.44s 5 1,140.95 s 0.289 S s,031.62 EastSide Cherry Hills RidBemoor 5 o.gm 5 o.s8s East Side Cherry Hi ls S o 9oo 5 0.s85 HOA Sun City s 0.44s 5 0.289 Sun City Ridsemoor s 0.445 5 0289 Total s 39,711.06 s 25,812.19 {00139477 } PCA #75368 OALfS82o9 sPcB PR#4089 C27 #777703 PO Box 5827j Orange, CA 92863-5827 1 -888-790-7799 office 7 14-224-7383 f ax Email: info@pestoptions.com Str€et 3rd St 20 10 20 20 l0 10 Pest Options, lnc. Total Annual Cost: $25,812.19 Discussed previously Clean Out Areas:. Paloma Channel: $6,995. Normandy ROW at Salt Creek, 30 feet both sides: $6,425. Northeast corner of Goetz & Juanita, including ROW on Goetz $725 Notes: Pest Options (POl) will not schedule service without a signed contract and Purchase Order. Our terms are net l0 due in 30 days. Dye will not be used. POI reserves the right to reschedule in the event ofadverse weather conditions or any conditions deemed to be unsafe by any company personnel. Pest Options Inc., b'ill ptoride the boi,rcd personnel, specialized equipment ond apptopiate naterials per the ubove pricing. ENVIRONMENTAL CONSIDERATIONS: All ,rratefials applied ore lowest toxicity a'ailobility. Certificates of lnsuronce forwarded upon receipt of signed hid. Thark you for your consideration, Pest Options. [nc. Ryan Thompson FR # 46290, QAL # 126804, WE-9627 A This is a good faith proposal based upon professional standards and knowledge. {00139477 ) PCA #75368 OAL #98203 sPcB PR#408S C27 #777703 PO Aox 5827;Orange, CA S2863-s827 1.888-790-7799 office 7'14-224-7383 lax Email: info@pestoptions.com Accepted By: Date: PO: