2018/12/01 Polychrome Construction, Inc. Watertank Logo Painting ProjectCITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
MENIFEE WATERTANK LOGO PAINTINC PROJECT
(24831 PARADTSE MEADOWS DR, MENTFEE CA 92586)
This Owner-Contractor Agreement ("Agreement") is made and entered into for the above
referenced Project by and between the City of Menifee ("Agency"),and POLYCHROME
CONSTRUCTION INC.("Contractor"),8908 BALBOA
BL\'D. NORTH GE CA 91325 on the
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 equipm€nt
described and reasonably inferable from documents enumerated in Exhibit "A" attached hereto
and incorporated herein by reference (such construction and fumishing oflabor, 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 with the Menifee Watertank Project at 24831
Paradise Meadows Drive, Menifee CA 92586 to be occur in the City of Menifee, California. 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. CONTRACTPRICE
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 performance of Work forthis 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.
wllose principal business address is\ day of Dcccm#rolE.
190/031 858{00ri
7fl5681-2 !l l/21/l lt Page I
4.DELAYS AND EXTENSIONS OF TIME
See Section 6-6 ofthe Special Provisions
5. LABORCODEREQUIREMENTS
Pursuant to Labor Code Section l77l .1, 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 I, 2015.]
6. NON.DISCRIMINATION
In the performance ofthis 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 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. The City Engineer may delegate authority in connection with this Agreement to
his/her assigned designees.
8. WORKERS'COMPENSATIONINSURANCE
a) By my sigaature hereunder, as Contractor, I certifo 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 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
with 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 of the terms of the bid conflicting herewith.
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7645681.2 all2ll18 Page 2
IO. MAINTENANCE OF ACREEMENT 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 oflice
at all reasonable times during the term of this Agreement and for three (3) years from the date of
final payment under this Agreement, for inspection by Agency and copies thereof shall be
furnished to Agency ifrequested.
II. INDEPENDENTCONTRACTOR
At all times during the term of this Agteement, Contractor shall be an independent contractor and
shall not be an employee, agent, partner orjoint 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.
IZ, 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
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, Califomia 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
attorneys' 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 for a period ofup to five (5) years.
I have read and understood all ofthe provisions ofthis Section 15, above:
290/r)3 i58-0008
7645681,2 I I/21/18 Page 3
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
(Initial)
16. 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.
ACENCY:
City of Menifee
CONTRACTOR:
By:
Its: PresidentArmando Villa,ayor
APPROVED AS TO FORM:
L
By +1"5
By,
Name:
Its: Secretary
B
Je T elching, City
ATTEST:
Contractor's City Business License No
A. Manwaring, City Clerk
993826 - C-33
State Contractor License No. & Class
8908 Balboa Blvd
Street Address
Northridee. CA 91325
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures oftwo separate
persons holding different oflices must be provided.l
2{/03 1858-0mri
7645681.2 al l/21l18 Page 4
ZL
\Initial)
By'
o
EXHTBIT A
CONTRACT DOCI]MENTS
Owner-Contractor A greement
Bid Schedule
Addenda
Plans
Special Provisions (Specifications)
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
290/03I 858-{1008
?&5681 2ril/21lltl Page 5
EXHIBIT B
CONTRACT PRICE
Not to Exceed Twenty Thousand Dollars and Z.ero Cents ($20,000).
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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16456A1 2 alllzl/lA Page 6
BID SCHEDULE - WATER TANK MENIFEE LOGO PAINTING PROJECT
All Bidders are RIQUIRED to complete this schedule. All itemr rhall be complete and in place per Plani and
these Bid aM Contrad Documents
ITEM
No D€SCRIPlION UNII ESTIMATED
QUANTITY
UNIT PRICE
EXT€NDEO ITEM
AMOUNT
1
Paintlng of "MENIFEE" and City
Logo on the water tank an
accordancewith Erhibit'A1
ts 1 02o,ooo I ao,ooo.'
TOTAI.fl ao,ooo.^
TOTAL SID AMOUNT (in numbers
TOTAL BID AMOUNT (in words):
Dollars and (r'Cenls
Contracto/s lnitials ,4c7-
ln the event of a variation between the unit price and extended total, the unit price wlll be used
and the corrected extension will be considered as the amount bid. lf th€ bid is illeglble and cannot
be reconciled it will be considered non-responsive and will not be considered tor award.
The lowest responslve bidder shall be determined by comparing sum of the base bid amount(s)
with that oralladditive oraltemative bids {if any) of bidders deemed bythe Ownerto be responsive
in all other aspects. lf equal low bids are received from responsibl€ and responsive bidders the
selection shall be made by drawing lots, or other similar random blind method relected by the
Owner. lf only one responsive bid is receiv€d lrom 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 ltabulation) of bids, and then made available for
public inspection. The quantltres li5ted in the bid proposalare provided to Bive a gen€ral indlcatlo. ofthe
scope of the work and tor the compariJon of bids. No warranty is made, ehher exprels€d or impli€d, that
the actual quantities of work to be done will correspond the.ewhh. ltem numbers followed by 'lS)" are
deslSnated as specialty ltemr.
8y siSninS and submitting this bid the Contractor confirmsthat they are familiar with the work site
and all existing conditions that may affect their work and that they have read and aSree to allthe
terms, conditions and ,equirements 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 b€ no additional costs to the Owner.
WARNING: tf an addendum or addenda have been issued by the Owner and not noted above as
being received by the bidder, this Bid may be rejected.
290rc31ii5{l-0008
7645681.2 ul l/21/18 Page 7
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290/031858-0008
7645681.2 al l/21l18 Page 8
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