2019/09/19 All American Asphalt, Inc. CIP No19-01 Rustler's Ranch Phase 2 r ,
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CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP NO. 19-01 (RUSTLER'S RANCH PHASE II RESURFACING PROJECT)
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 E. Sixth Street, Corona CA 92878 on
thejq�day of September,2018.
In consideration of the mutual covenants and agreements set forth herein, the Agency and
Contractor have mutually agreed as follows:
1. 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 (CIP NO. 19-01 (RUSTLER'S
RANCH PHASE II RESURFACING PROJECT) to be constructed on various streets within
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.
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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.
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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:
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(Initial) (Initial)
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
��
By: �--�A-0
By: ,� ��-
` Name: Edward J. Carlson
Mayor Its: Vice President
APPROVED AS TO FORM: By:
Name: Michae arkas
BY' , Its: Secretary _
Jef y T. Melching,Vy Attorney
ATTEST:
o3SogS
Contractor's City Business License No.
arah Manwaring, City Clerk
267073i —1 Z.
State Contractor License No. & Class
400 E. Sixth Street
Street Address
Corona. CA 92878
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.]
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached_and not the truthfulness.accuracy.or validity of that document.
State of California
County of Riverside
On September 18, 2018 before me, B. Royster,Notary Public
Date Here Insert name and Title of the Officer
personally appeared Edward J. Carlson and Michael Farkas
Name(s)of Signer(s)
f
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument
B. ROYSTER and acknowledged to me that he/she/they executed the same in
commission#2083832
a _„ z his,44er/their authorized capacity(ies), and that by hisJ#tef/their
z . Notary Public-California z
z '° Riverside County n signature(s) on the instrument the person(s), or the entity upon behalf
My Comm. Expires Oct 26,2018 of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the forgoing paragraph is true and correct.
WITNESSqa�
al.
Signature �
Place Notary Seal Above Sig ure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document Owner-Contractor Agreement—City of Menifee
Document Date: September 5, 2018 Number of Pages: 11
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
Signer's Name: Edward J. Carlson Signer's Name: Michael Farkas
❑ Individual ❑ Individual
X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): Secretary
❑ Partner E ❑ Limited ❑General RIGHT ❑ Partner❑ ❑ Limited ❑ General
❑Attorney in Fact ❑Attorney in Fact RIGHTOF SIGNER
❑Trustee Top of thumb here ❑Trustee Top of thumb here
❑Other: ❑ Other:
Signer is Representing: Signer is Representing:
All American Asphalt All American Asphalt
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 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 Million Thirty-Five Thousand Nine Hundred Sixty-Six Dollars and
Zero Cents ($1,035,966.00)
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 of each such
item, as determined by the Agency.
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BIDDER'S PROPOSAL
Rustler's Ranch AC Resurfacing Phase 2
19-01
The undersigned hereby proposes to furnish any and all labor,materials,and equipment for the
Rustler's Ranch Overlay Phase 2,CIP No. 19-01,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 referenced documents and all codes and regulations the prices shown on
this proposal.
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 condition acceptable to
the Owner be for the price of the proposal,including all fees and sales tax upon any materials so
furnished.The undersigned has also carefully checked all of the figures given and understands
that the Owner will be responsible for any errors or omissions on the part of the undersigned in
submitting this proposal.
The Contractor confirms that his/her bid is submitted with respect to the changes to the contract
included in all addenda issued by the Owner.
Receipt is hereby acknowledged of Addenda No.(s) 4J_
The undersigned has examined the current State of California schedule of prevailing wage rates
for the types of work to be done on this project and agrees to pay not less than these rates.
Bid Forms/Documentation Requirements Checklist
I V IDDER'S PROPOSAL/ADDENDA ACKNOWLEDEMENT
ID SCHEDULE FORM(SCHEDULE)
CERTIFICATE REGARDING CONTRACTOR'S LICENSE
Z'BID SECURITY. CASHIER'S CHECK OR BID BOND
ryON-COLLUSION AFFIDAVIT
CONTRACTOR'S REFERENCE LIST
MDESIGNATION OF SUBCONTRACTORS
CCONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION INSURANCE
[PERTIFICATION DEBARMENT AND SUSPENSION CERTIFICATION
OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION
PY OF CA DEPT OF INDUSTRIAL RELATIONS(DIR)REGISTRATION.
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(if applicable)and these Bid and Contract
Documents.
BID SCHEDULE FORM
ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE EXTENDED ITEM
NO. QUANTITY AMOUNT
1 Mobilization/Demobilization(not to 1 LS 2DImz- ZOI 6b0.
exceed$35,000)
2 Public Notifications 1 LS 26�0• '�,000-
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RUSTLERS RANCH AC RESURFACING PHASE 2 BIDDER'S PROPOSAL(continued)
CIP No. 19-01
3 Storm Water Management,BMP 1 LS CjC3aC)• �,6D0 . /
implementation.Refer to Section 7-8.6.2
of General Provisions
4 Traffic Control 1 LS )51MD•
5 2 1/2"grind at centerline tapering to 3" 42,633 SY / q
grind within 6'of gutter lip,remove and �' Ir,g� 1
dispose of AC and Petromat.Protect all
existing utilities in place.
6 Class II aggregate base material 400 CY
(optional as-needed item)
7 Install Pavement Fabric 20,000 SY
(optional as-needed item)
8 3"AC overlay C2-PG 70-10,including 7,000 TON �Tj. �25�Doc)
tack
9 Install Thermoplastic Stop Legend(City 11 EA � � .
Std.1201)at locations shown in Exhibit B
including limit line.
10 Blue Dot installation per City Std.No. 21 EA
705
11 Remove and dispose of existing FCC Ped 1,805 SY (-75
Ramps,AC pavement and base per ADA J✓
retrofit details(Exhibit C)
12 Install Curb and Gutter per City Std.200 374 LF �p. I�j l00•
and 201
13 8"Thick PCC Cross Gutter per City Std. 3,214 SF �5 ,Ztio
209(including construction of monolithic
curb)
14 4"thick PCC for construction of ADA 13,004 SF p
ramps and sidewalk per City Stds. r �028
400/405 and details shown in Exhibit C
15 Install 4"retaining curb behind ADA 298 LF
ramp 16'long where shown in
construction Exhibit C.
16 Install Truncated Domes at Ped Ramps 35 EA q
17 Raise Sewer/SD Manholes to grade 38 EA GU�Fj, 2i'gGjQ.
18 Raise Water Valves to grade 48 EA LAG,
TOTAL
Written Total Bid Amount.,
WI. l (� M -� l"UQdAQ)a6,I AI e JMMA065/e_`A�)Dollars and &M Cents
J 1-2
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RUSTLERS RANCH AC RESURFACING PHASE 2 BIDDER'S PROPOSAL(continued)
CIP No.19-01
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)
N/A
DBA(if any)
Mark Luer, President
Name and title of the owner
Edward J.Carlson,Vice Preident; Michael Farkas,Secretary
Name and title of second partner or officer
1-3
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RUSTLERS RANCH AC RESURFACING PHASE 2 BIDDER'S PROPOSAL(continued)
CIP No.19-01
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
Signature of Prime C ntractor Date Signature of Prime 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.)
1-4
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EXHIBIT C
INSURANCE
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