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2016/11/28 Pest Options, Inc. On-Call ROW Vegetation Abatement ServicesCITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGRf, ENIENT 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 CI F MENIFEE (''Agency"), and PEST OPTIONS. l\!Q l"Contractor"), rvhose principal business address is 135 N. Manchester Ave.. Anaheim. CA 92802 onrhe B day ofNovember. 2016. 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 al[ the labor, services, materials and equipment necessary to construct and complete the Project in accordance with the Contract Documents (as hereinafter dehned), including all work, labor, services, materials and equipment described and reasonablf inferable from documents enumerated in Exhibit "A" attached hereto and incorporated herein by relerence (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 rvith the (ON-CALL ROW VEGETATTON AB.,1,TE NIENT SERYICES ) to be constructed on (BIGIII-OF-WAYS.) in the City of Menifee, 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 r.lhich 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 ofmaintenance periods, within the specified duration set forth in the Notice to Proceed. 4. DELAYS AND EXTENSIONS OF TIME See Section 6-6 of the Special Provisions. l290r0t t858,0008 7645681.2 all/l7rl6 Page I 5. LABORCODEREQUIREMENTS 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 177 I .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.] 6.NON.DISCRIMINATION In the pertbrmance 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. rvith 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 On behallofthe 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 a) By my sigrrature hereunder, as Contractor, I certify that I am aware ofthe 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 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." 9. ENTIRE ACJREEN,IENT: CONFLICT The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. [n 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 ofthe bid conflicting herewith. I O. 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 290,01t853,000E Page 2 final payment under this Agreement. for inspection by Agency and copies thereof shall be fumished to Agency ifrequested. I I. INDEPENDENT CONTR,A,CTOR 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 et'fect 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 ofthe 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 fuverside, Temecula Branch 14. COLINTERPARTS This Agreement may be executed in any number of counterparls, each of which shall for all purposes be deemed to be an original. 15. FALSE CLAIMS Contractor acknowledges that if a false claim is submined to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, Califomia Govemment Code sections 12650, et seq., provides tbr civil penalties where a person knorvingly submits a t'alse 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 rvherein Contractor may be prevented from further bidding on public contracts for a period ofup to five (5) years. I have read and understood all of the pro visions of this Section l5 , above 290:03 1353-0008 ?645681.2 al l/17/16 al) Page 3 16. AGREEMENTMODIFICATION This Agreement and the Contract Documents may not be modified orally or in any mamer other than by an amendment in writing and sigrred by the Agency and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. AGENCY: CONTRACTOR: City o By,L, Ro A. Johnson, City Manager APPRO S TO FORM: Bv: . Melching, City ATTEST: B ame:ln Thon.r Its: S Name: Its: P Tho son n C resl dcnt N Manw City Clerk Contractor's City Business License No ?€5T o-L ^trE c)t- buS tJ4 + Z24Ot C2:7- -7'r77aa State Contractor License No. & Class 135 N. Manchester Ave Street Address Anaheim. CA 92802 City, State, Zip Code INOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.l t00 0I358 000s Page 4 ,1 By:, [7"n EXHIBIT A CONTRACT DOCUMENTS Owner-Contractor A greement 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 290/011858'0008 r645631.2 al l/17,16 Page 5 EXHIBIT B CONTRACT PRICE The Contract Price for pertbrming a[[ 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 items, as determined by the City. The total contract amount is in the notto- exceed amount of: $40.000.00 (Forty Thousand Dollars and Zero Cents). ?90/01r858-0008 7645681.2 alltlltl6 Page 6 Clty of Menifee BIDDER'S PROPOSAL (continued) On-Call ROW Vegetation Abatement Services FEE PROPOSAL FORM ON.CALL ROW VEGETATION ABATEMENT SERVICES Eidder shall complete the Fee Proposal Form in its entirety including: 1) All items listed and unit price; 2) All additional costs associated with performance of specifications. The quantities listed in the bid proposal are provided to give 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 as specialty items. Unit price costs shall include all material, supplies, labor, equipment, ancillary costs, and traffic control costs required to complete the work. Will the Contractor mobilize and perform On-Call work for this proposal that is less than S1,ooo.oo for any p articular mobilization? Yes or No Y'" What is the minimum amount of work that Contractor will accept for a single mobilization? s500.00 By signing and submitting this bid the Contractor confirms that they are familiar with the work site and all existing conditions that may affect their work and that they have read and agree to all the terms, conditions and requirements contained or referenced herein and that all the aforementioned 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 costs to the Owner. ITEIlT NO.DESCRIP'TIO\QUANTITY T'\IT I 5' ROW Vegetation Abatement with Pre-Emergent Spraying Up to 5,000 LF $ .225 2 5' ROW Vegetation Abatement with Pre-Emergent Spraying 5,001 to 10,000 +LF l 10' ROW Vegetation Abatement with Pre-Emergent Spraying Up to 5,000 LF s.45 .l 10' ROW Vegetation Abatement with Pre-Emergent Spraying 5,001 to 10,000 +LF s.4s 5 20' ROW Vegetation Abatement with Pre-Emergent Spraying Up to 5,000 S.90 6 20' ROW Vegetation Abatement with Pre-Emergent Spraying 5,001 to 10,000 + 1 Post Emergent Spraying Up to 5,000 LF s.03 ti Post Emergent Spraying 5,001 to 10,000 +LF s.03 1--2 U}.'IT PRICE LF LF City of Menifee BIDDER's PROPOSAL (continued) On-Call ROW Vegetation Abatement Services WARNING: lf an addendum or addenda have been issued by the Owner and not noted above as being received by the bidder, this Bid may be reiected. complete the following: Pes! Optioos Inc Legal name of the business corporatior Eusiness lype (Corporation, Partnership,Sole Proprietor) N/A DBA (if any) Tracy Thof,pson/ Ptesidenl Name and title ofthe owner Bryan Thompson, S€creEary Name and title of second partner or officer 115 N Malrchesre! Ave., iulabelm, (e 92802 Eusiness Address '7L4.224 .7318 Telephone number 888 . 511 .1581 Facsimile number Bthonpsonopestopt,ions. cm Email address of primary contact 1.9w.pestoptions.com company web address -*r/rr,*jd*,rx) //'6;tcro SiBnaturegfif rime Contractor Date , SiSnature of Prime Contractor Bryan Thompson, SecreEary Date Tracy Thornpscn, Preside.i Print name and title Print name and title (lf the Prime Controctor is o corporution two signoturcs ofcotpotote office$ ore required.) l?