2020/02/05 All American Asphalt, Inc. CIP20-10 Andalusia/Belcanto St Resurfaci CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP 20-10 (ANDALUSIA/BELCANTO ASPHALT OVERLAY 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 East Sixth Street, Corona,
CA 92879 on the day of , 20ZD
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 20-10
(ANDALUSIABELCANTO STREET RESURFACING) to be constructed at the 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.
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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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a1V -
(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 All American Asphalt
By; 1--V- A, By:
Name: Mark Lt3er, President
Bill Zi r n, Mayor Its:
APPROVED AS TO FORM: By: �`��
Name: EdwardJ. Carlson, Vice President
By:( Ll�7
Its:
JWfr6ylr. Melchin , Attorney
ATTEST:
B 267073 California /A, C-12
C tractor's City Business License No.
arah A. a14ar'inity r
State Contractor License No. & Class
400 East 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.]
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7645681.2 a08/09/19
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 validitv of that document.
State of California
County of Riverside
On January 27, 2020 before me, B. Royster,Notary Public ,
Date Here Insert name and Title of the Officer
personally appeared Edward J. Carlson and Mark Luer
Name(s)of Signer(s)
T
who proved to me on the basis of satisfactory evidence to be the
B.R8v5TER person(s) whose name(s) is/are subscribed to the within instrument
Natary Public•C:Iifornla and acknowledged to me that 49/she/they executed the same in
r verilde
Commfon N 60� 2 52 hisl /their authorized capacity(ies), and that by hirJ /their
My Comm.Expires(Xt18,2022 signature(s) on the instrument the person(s), or the entity upon behalf
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.
WITNESS my and a official seal.
Signature
Place Notary Seal Above Slgna re 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: January 27, 2020 Number of Pages: 4
Signer(s) Other Than Named Above: None
Capacity(ies)Claimed by Signer(s)
Signer's Name: Edward J. Carlson Signer's Name: Mark Luer
❑ Individual ❑ Individual
X Corporate Officer—Title(s): Vice President X Corporate Officer—Title(s): President
❑ Partner❑ ❑ Limited❑ General RIGHT ❑ Partner❑ ❑ Limited ❑ General RIGHT
❑Attorney in Fact OF SIGNER ❑Attorney in Fact OF
❑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
One Million Nine Thousand Eight Hundred Forty Four Dollars and Zero Cents
($1,009,844.00)
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.
290/031858-0008 Page 6
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The undersigned hereby proposes to furnish any and all labor, materials,and equipment for the
Belcanto/Andalusia Asphalt overlay Project, CIP No.20-10,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)
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 Require rie_Lits Checklist
BIDDER'S PROPOSAL/ADDENDA ACKNOWLEDEMENT
BID SCHEDULE FORM(SCHEDULE)
CERTIFICATE REGARDING CONTRACTOR'S LICENSE
BID SECURITY. CASHIER'S CHECK OR BID BOND
®NON-COLLUSION AFFIDAVIT
CONTRACTOR'S REFERENCE LIST
DESIGNATION OF SUBCONTRACTORS
CONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION INSURANCE
DEBARMENT AND SUSPENSION CERTIFICATION
CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION
COPY 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.
1-2
BID SCHEDULE
N DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
i Mobilization(Not to exceed$40K) LS 1 1!�b
Erosion Control Plan&
2 LS 1
Implementation �[LX)'�
3 [Imlemen
c Control Plan & LS 1 _
tation
4 Pedestrian Control Plan& LS 1
Implementation
5 Remove&dispose of vegetation SF 200 AD
and debris removal
6 saw cut LF 3,510
7 Remove AC and Base(include SF 5,330 ID
dl osal)
8 Remove&dispose of concrete SF 13,520 —
sidewalk,&curb ramps
9 Remove&dispose concrete cross SF 5,200 r�
utter
10 Remove&dispose of concrete LF 11600 ` � —
curb&gutter
11 Adjust pull box to finished grade- EA 10
neral r
12 Adjust man hole.to finished grade EA 9 SD•'
13 Adjust water valve to finished EA 7 �
Brad
14 1"AC cold mill 5F 66,710 1 ( �] , -i 0
�y3t]O.5_fl .r�
15 1.5"AC cold mill SF 507,650 `)
16 1.5"AC overlay(ARHM-GG-C) TON 5,390 ot?D r 7-CA 57--70
Construct 6"AC Full Depth
Pavement(C2 PG70-10),including I CPO !ljp�a(P�
17 related unclassified excavation, TON 191
subgrade preparation,line and
rades
1-3
i
BID SCHEDULE CONTINUED
4 DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
Construct 8"Thick Concrete
Cross Gutter and Monolithic Curb
18 per City of Menifee Standard SF 51200
Plan 209,Including related
unclassified excavation,subgrade
--preparation,line and grades
Construct Type 6 Concrete Curb
&Gutter per uty of Menifee
Standard Plan 200(Includes LF 830 :jr2 (PC) • "
19 Transitions),including related
unclassified excavation,subgrade
reparation, line and grades
Construct 4"Thick PCC for
Construction of ADA Curb Ramps
and Sidewalk per City of Menifee
20 Standard Plans 400 and 405 and SF 13,520 5 `r1
Details Shown in Plans,Including
related unclassified excavation,
subgrade preparation,line and
-grades
Furnish and Install Truncated
21 Domes at Curb Ramps per City of EA 52 SOO �t y C00
Menifee Standard Plan 405
Construct 4"Monolithic Back
22 Curb per City of Menifee LF 560
Standard Plan 405
Furnish and Install Thermoplastic
23 White Type IV(L)Arrow EA 8 (P
Pavement Marking at Existing
Locations
Furnish and Install Thermoplastic
24 White"STOP"Pavement Marking EA
per City of Menifee Standard
Plan 1201 at Extsting Locations
Furnish and Install 1.2"White --
25 Thermoplastic Limit Stripe at LF 630 .
Existing Locations
1-4
BID SCHEDULE CONTINUED
# DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
26 Furnish and Install 4"White Paint LF 315
Stripe at Existing Locations 2-
27 Furnish and Install 4"Yellow LF 310
Paint Stripe at Existing Locations 2
Furnish and Install"Blue Dot"
28 type 1 marker per City of EA 40 ,� (7
Menifee Standard Plan 705
TOTAL ' t�
Total in words: klA�
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 farniVar 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
ve including items of work
aforementioned has been included line In the bid prices listed and that there shall be nooadditional costs to the owner.at
l
may not have a specific pay i item
1-5
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 AM erican Asphalt
Legal name of the business
Corporation ---
Business Type(Corporation,Partnership,Sole Proprietor)
N/A
DBA(If any)
Owned by: ❑ n
Name and title of the owner
Nark Luer, President
Name and title of second partner or officer
400 East Sixth Street, Corona, CA 92879
Business Address
951-739-7600
Telephone number
951-736-7646
Facsimile number
publicworks@allamericanasphalt.com
Email address of primary contact
www.allamericanasphalt.net
Company web address
l I GD�u �c7W
Signat re of Prim Contractor
Date signature of Prime Contractor Date
Edward J. Carlson, Vice President Michael Farkas, Secretary
Print name and title Print name and title
ilf the Prime Contractor is a corporation two signatures of corporate officers are required.)
1-6
CERTIFICATE REGARDING CONTRACTOR'S LICENSE
1. Contractor is required to possess one of the following State Contractor's License:
State of California Class "A",or"C-12" Contractor's license
2. A failure to possess the required license, a failure to truthfully set forth the following
information, or a failure to execute this Certificate renders the proposal nonresponsive and
requires the City to reject the proposal. (Business and Professions Code Section 7028.15)
3. Contractor declares, under penalty of perjury, that he possesses the required
Contractor's license(s)which:
a. Bears the license number(s): 267073 G-
b. Expires on: 01/31/2020
5ignat re of Prin4dontractor 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 offices are required.)
This required license determination has been made by the Owner. Any Contractor holding a
different license who feels he is qualified to bid on this work must so advise the owner at least
seven (7) days prior to the bid opening. A review of the contemplated work will be made and
the Owner's decision as to the required license will be final.
1-7
ALL AMERICAN ASPHALT
AN ALL AMERICAN AGGREGATES
T 951-736-7600 F 951-739-4671
ALL AMERICAN P.O.BOX 2229,CORONA,CA 92878-2229
ASPHALT CONTRACTORS LICENSE#267073 A.C12
D I R#1000001051
AN EQUAL OPPORTUNITY EMPLOYFR
WNIMACIWHti
STATE UCENSE BOARD ► '
ACTIVE LICENSE
267�73 -- CORP
ALL AMERICAN ASPHALT
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. W01/31/2022 www cslb ca gov �
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Delpa-r-tment of Industrial Relations
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Contractor Information Registration History
Legal Emity N.rne Effective Date Eqif.tioo Date
ALL WEPICAN A$NAL7
Legal Entity'Type 0;111;18 06!30l19
C,�rpc,.t on D.;W i 17 -16?30116
$Wu,
A
Registr
Number
1051 06 j 00 i 15 06 r 10116
Plgiift-tbl e4euiva date CZIZ:14
n7:� C
41jillTotion ex'Direaron date
M.Pi's Add,e,i
PO BOX 222;CORC)%.92e78 CA 1,161.6 57ea,cl
PEyscel Adds
40 E 51 XTH ST CORONA 9.1e 7v CA L!n-!;d 5!mQ:.,,f A—
E—T Address
TWe Na—IDEA
U,*rvr Numb,,(0
:1UP 267073
Legal Entity Information
Corporation Entity Number: C0570879
Federal Employment Identification Number; 952595043
President Name: MARK LUER
Vice President Name: EMURD JCARLSON
Treasurer Name: MICHAEL FARKAS
Secretary Name: MiCHAEL FARKAS
CEO Name;
Agenc.ifor Service
Agent of Service Name: MICHAEL FARKAS
Agent of Service Mailing Address: 400E SIXTH ST CORONA 92679CAUnited States of America
Worker's Compensation
Do you lease employees through Prolesiional Employer Organization(PEOP; No
Please provide your current worker's compensation insurance information below:
PEO PEO PEO
PEO Wot.TafonNa,e P,00e Email
Insure:by Ca:,ier
Policy Holder Name; ALL AMERICAN ASPHALT
Insurance Carrier: ZURICH AMERICAN INSURANCE COMPANY
Policy Number: VIC593205701
Inception dates Wol/.18
E.pirali..Date 06W19