2019/05/01 PlayMax Surfacing, Inc. La Ladera Park Playground Resurfacing Project (3)CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGRE EMENT
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 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" aftached hereto
and incorporated herein by reference (such construction and furnishing oflabor, 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 La Ladera Park Playground Project
at 29629 La Ladera Road, Menifee CA 92584 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" shallbedeemed revised in accordance
with any revisions for which Agency's conscnt 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. CONTRAC]T PRICE
Agency hereby agrees to pay and thc 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 hercin 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 adhercd to unless otherwise modified by the Agency in accordancc with these Bid
and Contract Documents.
The Contractor shall complete the Work in evcry detail to thc satisfaction ofthe Agcncy, exclusive
ofmaintenance periods, within the specified duration set forth in the Notice to Proceed.
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LA LADERA PARK PLAYGROUND RESURFACING PROJECT
29629 LA LADERA ROAD, MENIFEE CA 92584
This Owncr-Contractor Agreement ("Agrcement") is made and entered into for the above
referenced Project by and between the City of Menifee ("Agency"), and PlavMax Surfacinq. Inc.
("Contractor"), whose principal business address is 1950 Compton Avenue. Suite #l I l. Corona
@!EL on the l't day of Mav, 2019.
o,,
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. 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 l, 2015.]
6. NON-DISCRIMINATION
In the perfonnance of this Agreement, Ihe Contractor shall not refuse or fail to hire or employ any
qualified person, or bar or discharge from employnrent any person, or discriminate against any
person, with respect to such person's compensation, terms, conditions orprivileges of employment
because of such person's race, religious status, sex or age.
7. AUTHORIZEDAGENCYREPRESENTATIVES
On bshalfofthe Agency, the City Engineer ofthe City of Menifee shall be the Agency's authorized
representative in the interpretation and enforcement ofall Work performed in connection with this
Agreement. Thc City Engineer rnay 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 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 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
wilh 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 ofthc tcmrs ofthc bid conflicting herewith.
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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 of
final payment under this Agrecment. for inspcction by Agency and copies thcreof shall be
furnished to Agency if requestcd.
1 I. INDEPENDT]NT CONTRACTOR
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 serviccs.
12. LICENSES AND PERMITS
Contractor represents and declares to Agency that it has all licenses, pennits, qualifications and
approvals of whatever nature which are legally required to practice its profession. Contractor
represents and warrants to Agcncy 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 Iegally required for Contractor to practice its profession.
I3. GOVERNING LAW, VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the
laws ofthe State ofCalifornia, 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. 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 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 ackrowledges 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:
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(Initial)(lnitial )
16. AGREEMENTMODIFICATION
This Agreernent and the Contract Docunrenls may not be modified orally or in any manner other
than by an amendment in writing and signcd by the Agency and the Contractor.
lN WITNESS WHEREOF this Agrcemcnt is executed as of thc date first written above.
AGENCY:CO
City of Menilee
sy:
-,By:
Name:
Bill Zimme t/Ceneral
APPROVED AS TO FORM:By:
By:Its: Secretary
f
r
J T.elching, City
0r{03q1B
Contractor's City Business License No.
S A. Manwa City Cl
985093/ C-61/D l2
State Contractor License No. & Class
1950 Compton Avenue. Ste. #1 ll
Street Address
Corona, CA 9288 I
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
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Its:
ATTEST:
Name: Christ Wolf
')44
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 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
Not-to-Exceed One Hundred Eleven Thousand Twentv Nine Dollars and Zero Cents
($r l1,029.00)
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.
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BIDOER'S PROPOSAL
LA TADERA PARK PI.AYGROUND RESURFACING PROJECT
29629 t-A TADERA ROAO, MENTFEE CA 92584
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the
LA I.ADERA PAR( PIAYGROUND NESURFACING PNOJECT (29529 I.A I.ADERA PARK, MENIFEE
CA 92584) and appurtenant work in connection therewith, said work to be done and materials
to be furnished in strict conformity with the plans, specifications, all other reterenced
documents and allcodes and regulations the prices shown on this proposal.
The Contractor confirm! that his/her bid is submitted with respect to the changes to the
contract included in all addenda issued by the Owne..
+tReceipt is hereby acknowledged of Addenda No.(s)
The undersigned has examined the cur.ent State of Califomia schedule of prevailing wage rates
for the types of work to be done on this proiect and ag,ees to pay not less tha'l these rates.
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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 project will be completely constructed in turn-key conditlon acceptable to
the Owner be for the price of the p.oposal, includlng all fees and sales tax upon any materials
so furnlshed. The undersigned has also carefully checked all of the figures given and
understands that the Owner will be .esponsible for any errors or omlssions on the part of the
undersigned in submittint this proposal.
LA LADERA PARK
PLAYGROUNO RESURFACING PROJECI
29529 LA LADERA ROAD, MENIFEE CA 92584
EIDDER'S PROPOSAL (continued)
Biddet ptoposes to perform ond fully complete ahe Wo* fot the Prcject os specified in the Contruct
Documents, within the tlme required lot full completlan of the Work, including oll lobor, moterials, supplies,
ond equipment ond oll other dlrect ot indkect costs including, but nol limited to, toxes, insuronce ond oll
overheod for the lollowing prlce.
TOTAL BID AMOUNT SCHEDULE "A" (in numb€rs):
{
SCHEDULE A
TEM
No.DESCRIPTION UNII ESTIMATED
qUANTITY UNIT PRICE
EXTENDED ITEM
AMOUNT
1
Removal of existing top 9ua{ace layer
of rubberized surface LS 1 2,oo t \5,z oo
2
Addlng and reptsirinB the sub base mat
as needed L5 1 lroo 2,%, ^
3
Pourcd-ln-Place 2- layer Rubberized
Surfaclng, lnspedlon & 3r! Party
Certifi (ation (approrimately 6,9E9
Square Feetl
l"s 1 lcl,18to?lo3,36l , co
TOTAI, SCHEDUI.E A oL1,ooI \\/
Otl€
ttr oz .oo
TOTAL BID AIilOUNT SCHEDULE ""A" (in words):
llC NQ1,ooDlars and
TOTAL SCHEDULE 6
Cents
Pli'.,vrltI
ATTERNATIVE ITEM(sl: SCHEDUTE B
ITEM
No.DESCRIPTION I.J N II ESTIMATEO
QUANTITY
UNIT PRICE
EXTENDEO ITEM
AMOUNT
1
Full Removal and Replacement o,
e,(isting sub base mat LS 1 q,b lq,ztz.a
21,zgz.og
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ElODIR'S PROPOSAI (continued)
29529I.A LADERA ROAD,ENIFEE CA 92584
Contractorr's lnitials
ln the event of a tlon between the unit price and extended total, the unit price will be used
and the correct€d extension will be considered as the amount bid. lf the bid is ille8ible and
cannot be reconclled it will be considered non-responsive and will not be considered for award.
The lowest responsive bidder shall be determined by the base bid amount(s) only {Schedule A)
of bidders deemed by the Owner to be responsive in all other aspects. lf equal low bids are
received from responsible and responsive bidders the selection shall be made by drawing lots,
or other similar random blind method selected by the Owner. lf only one responsive bid is
received from a responsible bidder the award shall not be made unless the price can be
determined to be reasonable based on an analysis by the Owner. The Owne/s determination
as to the reasonableness of any such bid shall be final.
All bids received shall be recorded on an abstract (tabulation) oI bidr, and then made available
for public inspection.
The quantities listed in the bid proposal are provided to give a general indication of the scope ot
the work and for the comparison of bids, No warranty 15 made, either expressed or implied,
that the actual quantities of work to be done will correspond therewith. ltem numbers
followed by "(5)" are designated as specialty items.
By si8ninB and submitting this bad the Contractor confirms that they are familiar wlth 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 requirementr 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 additionalcosts to the Owner.
WARNING: lf an addendum or addenda have been issued by the Owner and not noted above
as beint received by the bidder, this Bid may be rejected.
Complete the followinSl
6
LeSal name of
8t,sin€ss Type (Corporation, Partnershlp, Sole Proprieto4
0*-tr" BscntAn otJ lN S7rt{Lrtrlo,.,-C
0BA (lfany)
[1tq4 u-b*?rtss.+AtA
tA LADERA PARK
PLAYGROUND RESURFACING PROJECT
Nalheand title of the owner
Pi.rYrrr
it
290101851t 0008
?6456lt1.: a04r I lr l9
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tA TADERA PARK
PLAYGROUNO RESURFACING PROIECI
29629 LA LADERA ROAD, MENIFEE CA 92584
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BIDDER'S PROPTOSAL (c.ntinued)
Name and i lkr ofsecond partner or offlcer
n?o Src {t(r t
,*,ci . Co -r
NI *U€.
EusinessAdd.e5s
Telc
29o - Go
tpot{
*^ae
Emailadd/ess of p.imary contact
t^JulhJ. P I aq F(rV 5.clr$qc i,^a (o
Company wcb addrestr
?r1 4,,(?
Sitnature oI Prime Contractor Signeture Date
Crln-s w,+llver +G,CAnsvur-* gqy
Print nam€ and title Print nem€ end tltle
(t the kime Coat.octor k o coryorotlon tb signoh//as o, coapo.o'' 6ccB orc raqthtd.l
86 pFf or-rJ Tlor
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7645681.2 a04/ll/19
Corporate Resolution
The u ndersigned certify that:
They are the president and the secretary, respectively, of (ptAyMAX SURFAC|NG,
!!!)-a California Corporation.
Be it hereby resolved that CHRISTOPER DAI.E WOIF, aka "CHR|S WOLF" in the
role of both president and secretary is granted the ability to execute contracts,
agreements and documents legally binding to the corporation using one
slgnature.
Resolved this date August 10, 2015.
Chrlstopher Wolf, Presldent
Chrlstopher Dale Wolf, Secretary
Corporate Seal
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