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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. Page I 290/03rE56-000E 164568t.2.04111t19 T 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. I'agc 2 290011E58-{D08 7645681.2 a04/ I l/ lr) o) 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: Pagc 290/03 I E58-m08 76456E1 I a04/ll/19 l O./ a) (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 290/{}l I 85lr-0008 7645681.2 a04/ I l/19 c,q-/' Pagc 4 (\. I 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 I 290/0t I li5 8-0008 7645681.2 a04,llrl9 A) Page 5 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. a 290/0t I E5E{008 7645681.2 a04/ll/19 a) Page 6 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. a) :90/01 I E58,000E 76456E1.2 aO4/11119 Page 7 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 290/01Il5N-00011 76456E 1.2 ao:l/ ll / l9 7-Z a Pagc 8 I I 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 1-3 a) Page 9 fhar,A*r,r.,a tA TADERA PARK PLAYGROUNO RESURFACING PROIECI 29629 LA LADERA ROAD, MENIFEE CA 92584 [\rr.ta 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 C/) .<.a !-4 Page l0290/0ltti58-0008 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 290/01 I ti5 6-t)0011 7645681.2 a04lll/19 Page I I I ',ffi