Loading...
2017/09/06 All American Asphalt, Inc. CIP18-02 Murrieta Road Resurfacing CITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGREEMENT CIP NO. 18-02, MURRIETA ROAD RESURDACING (ROUSE RD. TO ETHANAC RD.) This Owner-Contractor Agreement ("Agreement") is made and entered into for the above referenced Project by and between the City of Menifee ("Agency"), and ALL AMERICAN ASPHALT("Contractor"), whose principal business address is 400 East Sixth Street. Corona, CA 92879 on the 6 day of September, 2017. 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" attached hereto and incorporated herein by reference (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 with the Murrieta Road Resurfacing Project (Rouse Rd. to Ethanac Rd.) CIP No. 18-02 to be constructed on Murrieta Road 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. 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 of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. 290/031858-0008 Page 1 7645681.2 a08/31/17 g 4. DELAYS AND EXTENSIONS OF TIME See Section 6-6 of the Special Provisions. 5. LABOR CODE REQUIREMENTS 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 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 1, 2015.] 6. NON-DISCRIMINATION In the performance 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, 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. AUTHORIZED AGENCY REPRESENTATIVES On behalf of the Agency, the City Engineer of the 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' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the 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: "I 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. 290/031858-0008 7645681.2 a08/31/17 Page 2 10. 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 Agreement, for inspection by Agency and copies thereof shall be furnished to Agency if requested. 11. INDEPENDENT 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 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 California, 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. 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, California 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 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 wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: 290/031858-0008 Page 3 7645681.2 a08/31/17 g Initial (Inlrial) 16. AGREEMENT MODIFICATION 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. AGENCY: CONTRACTOR: City of Menifee All American Asphalt By: By: � Neil R. Winter, Mayor Na e: Edward J. Carlson Its: Vice Mce President APPROVED AS TO FORM: By: =, Name: Michael Farkas By: Its: Secretary Jeffrey T. Melching, City Attorney ATTEST: By: 035085 Sarah A. Manwaring, City Clerk Contractor's City Business License No. 267073 A C-12 State Contractor License No. & Class 400 E. Sixth Street Street Address Corona, Ca. 92879 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.] 290/031858-0008 Page 4 7645681.2 a08/31/17 g EXHIBIT A CONTRACT DOCUMENTS Owner-Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) Standard Specifications for Public Works Construction and Regional Supplements State Standard Plans and Specifications Electric, gas, telephone, and cable television company specifications and standards 290/031858-0008 Page 5 7645681.2 a08/31/17 g EXHIBIT B CONTRACT PRICE [NOTE-TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS] 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 item, as determined by the Agency. 290/031858-0008 Page 6 7645681.2 a08/31/17 g CIYY OF iviENIFEE ,r°RO 33 0 2UR Murrieta Rd. Overlay (Rouse to Ethanac),- :, - �, BIDDER'S PROPOSAL(continued) CIP No. 18 02 _, _. .? ;V "D BID SCHEDULE FORiVI All Bidders are REQUIRED to use unit prices where indicated and to complete this schedule. All items shall be complete and in place per Plans and these Bid and Contract Documents. Pavement Resurfacing (Bid Schedule A) ➢TE M EXTENDED ITEM NO DESCRIPTION ESTHVHATEG3 UNIT UNIT PRICEAMOUNTQUANTITY Mobilization/Demobilization (not to 1 1 LS exceed $40,000) 2��d�0• ' 24, D00• Storm Water Management, BMP 2 implementation. Refer to section 7-8.6.2 of I LS the General Provisions 3 Construction Traffic Control 1 LS ���0O °O 50000. 6' Header Grind existing AC pavement- 4 0.2"depth. Include transition grinding and 3,700 SY lap joint grinding detail 1 sht. 2). 5 Remove existing striping and conflicting 1 LS �f 00 °� 000• street signs 6 Sawcut Existing AC pavement 675 LF ��' ®� �� 700, a° 7 Remove Existing AC and base 1.350 SF ©o w 8 Unclassified Excavation 220 CY !'0 'ai 2 (, Ho' d 9 8"thick class II base 110 CY �o 8 ADD • 1" min. AC Leveling course. D-PG 70-1.0, 10 485 TON include tack coat I 1 Install Pavement Fabric, include tack coat 9,200 SF 0` & 5 go ob I ' 12 Type C2-PG70-10 AC, include tack coat 3.150 TON 2 1919 >'9� 00• °� 13 Raise Manholes to grade per plans 13 EA 500 goo. °f i 14 Raise valves to grade per plans I 1 EA CO Z-0 °% 15 Signing and Striping per plans I LS L� 134-°� a�� � �4 16 Blue Dot installation per City Std. No, 705 5 EA o 17 Remove and dispose existing 18" CMP 35 LF 1-2 Murrieta Rd. Overlay(Rouse to Ethanac) BIDDER'S PROPOSAL(continued) CIP No.18-02 18 Install 18" RCP 48 LF 215. °° ro/ 3 go, °tl 19 Install Straight Headwall per Caltrans D89 2 EA 5000. 00 101000. SUB—TOTAL A 4d ADA RAMP RETROFIT (Bid Schedule B) ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE EXTENDED ITEM[ NO. QUANTITY AMOUNT Remove and dispose of existing AC I Pavement, Base and PCC per ADA retrofit 290 SY details on sheet 2 of construction plans 3©' �� ���' 2 Install curb and Gutter Type 8A 62 LF Q 7 Q , ° 8"thick PCC cross gutter per City Std. No. n o0 3 209 (include construction of monolithic 636 SF P °� curb 4"thick PCC for construction of ADA �0 oa 4 ramps per City Std. No. 400 and 405 1,500 SF a, 5-On, S Install Truncated Domes 8 EA SUB-TOTAL B PROJECT TOTAL(A+B) l 9 '1-3 Murrieta Rd.Overlay(Rouse to Ethanac) BIDDER'S PROPOSAL(continued) CIP No. 18-02 r"vvp- WPIVdREDr 'C"r / SIX TNv°st"Zollarsand 40/00 q I� Cents D"x-, lar.�vcP LEd IUTA.,Arl Aoaff, in the event of a variation between the unit price and extended total, the unit price will be used and the corrected extension will be considered as the amount bid, if the bid is illegible and cannot be reconciled it will be considered non-responsive and will not be considered for award. The lowest responsive bidder shall be determined by comparing sum of the base bid amount(s) with that of all additive or alternative bids (if any) of bidders deemed by the Owner to be responsive in all other aspects. If 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. If 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 Owner's determination as to the reasonableness of any such bid shall be final. All bids received shall be recorded on an abstract(tabulation) of bids, and then made available for public inspection. 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. Item numbers followed by"(S)" are designated as specialty items. 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. WARNING: If 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. Complete the following: All American Asphalt Legal name of the business Corporation Business Type(Corporation,Partnership,Sole Proprietor) NIA DBA(if any) 1-4 Murrieta Rd. Overlay(Rouse to Ethanac) BIDDER'S PROPOSAL(continued) CIP No. 18-02 Daniel D. Sisemore and Betty L. Sisemore Trust Name and title of the owner Mark Luer, President Name and title of second partner or officer 400 East Sixth Street Corona, CA 92879 Business Address (951) 736-7600 Telephone number (951) 736-7646 Facsimile number publicworks@allamericanasphalt.com Email address of primary contact www.allamericanasphalt.com Company web address August rh2017 _ August 2017 Signature of Prune Contractor Date Signature o—fPrime Contractor Date Edward J. Carlson, Vice President Michael Farkas, Secretary Print name and title Print name and title (If the Prime Contractor is a corporation two signatures of corporate officers are required.) 1-5