2019/03/06 COPP Contracting, Inc. PMP19-01 Miralago and Lake Pointe Communities street resurfacing CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
PMP 19-01, (MIRALAGO AND LAKE POINTE COMMUNITIES STREET
RESURFACING PROTECT)
This Owner-Contractor Agreement ("Agreement") is made and entered into for the above
referenced Project by and between the City of Menifee ("Agency"), and COPP
CONTRACTING INC. ("Contractor"), whose principal business address is 8751 STANTON
AVENUE, BUENA PARK, CA 90621 on the_'- day of MaV , 2019.
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 PMP 19-01
(Miralago and Lake Pointe Communities Street Resurfacing Project) to be constructed
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.
1.3. 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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7645691.2 aOZ,21119 Page 3
(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 ofMMeeniiffee COPP CONTRACTING, INC.
By: l/* By: -
Bill Zi m n, Mayor N me: Ezekiel A. Copp
Its: President
APPROV D AS TO FORM: By:
Name: Dennis W. Co
By: � Its: Vice President
J ffrey T. To
g, City Atto
ATTEST:
By.
fjara ' Manwarink', C ty Clerk Contractor's City Business License No.
384209 A
State Contractor License No. & Class
6751 Stanton Avenue
Street Address
Buena Park, CA 90621
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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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
z9oia31 Asa-000a
7645681.2a02/21/19 Page 5
EXHIBIT B
CONTRACT PRICE
Amount Not-To-Exceed $610,339.09 (Six Hundred Ten Thousand Three Hundred Thirty
Nine Dollars and Six Cents)
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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Miralago/Lake Pointe BIDDER'S PROPOSAL(continued)
Street Resurfacing
PMP 1.9-01
The undersigned hereby proposes to furnish any and all labor,materials,and equipment for the
Miralago and Lake Pointe Communities Street Resurfacing, PMP No. 19-02,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) 1 01 29/19Z_
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
BIDDER'S PROPOSAL/ADDENDA ACKNOWLEDEMENT
BID SCHEDULE FORM(SCHEDULE)
9CERTIFICATE 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
TERTIFICATION 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.
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7GA5681 2 a02121,'19 d
CITY OF MENIFEE
PUBLIC WORKS 1 ENGINEERING DEPARTMENT ' E IbeforeymMg.
29714 Haun Road, Menifee CA 92586
Phone: (951)672-67771 Fax: (951)679-3043
wvgvv cl�gtnlenifee.u;;
ADDENDUM #1: Revised Bid Schedule:
BID ITEM ESTIMATED
DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED ITEM AMOUNT
s —
Mobilization/Demobilization 1 LS
not to exceed 20,000
20,850.00 20,850.00
2 Public Notifications 1 LS 3.000.00 3,000.00
3 implementation of BMP's 1 L5 1,D00,00 1.000.00
4 Traffic Control 1 LS 9,000.00 9,000.00
Remove Existing Striping, 1 LS
5 Legend and RPMs
2,804.00 2.$00-00
2"grind existing AC, remove
10
and dispose. �845 SY
6 2.19 23.750.55
Install Pavement Fabric 10,845 SY
7 (include Binder)
2.61 28,305.45
2"min, G2-PG70-10 AC
$ overlay 1,180 TON
69.86 82,434.80
CHIP SEAL: PMRE with 36,800 SY
9 medium fine size screenings
2.77 101,936.00
---- TYPE IIRUBBERIL�U ---------- -- --_—.___ -- - ---- -.-
10 POLYMF,R MODIFIED 276 TON
SLURRY(RPMS) 260.00 71,760-00
Remove and Dispose of
Existing PCC Ped Ramps, AC 1,951 SY
11 Pavement per Ramp Details
49.29 96,164.79
6"Slot paving AC 81 TON
12 at Gutter 120.00 9,720.00
~13 Install PCC Curb and Gutter 1,216 LF
26A0 31,616.00
""14 8"PCC for X-Gutter 4,491 SF
9.50 42,664 50I
2901031858-0008
764568L-2 a02/21/19 Page 8
CITY OF MENIFEE
PUBLIC WORKS 1 ENGINEERING DEPARTMENT
29714 Haun Road, Menifee CA 92586
Phone: (951)672-6777 1 Fax: (951)679-3843
www_.c�[Ygir 11E�hire e_u s
4"PCC for ADA pedestrian 10,495 5f
«.15 Ramps.
6.20 65,069.00
Install SafetyStep TM
««16 Detectable Warning Tiles or 32 EA
approved equal 500.00 16,000.00
Striping: thermoplastic
17 pavement legends and striping 1 L5
per plans 3,850.00 3,850.00
Blue Dot installation per City 38 EA
18 Std. No, 705 11.00 418.00
TOTAL
610,339.09
** The contractor shall be responsible for ensuring any newly constructed work is ADA compliant which may include
modifications to standard drawings to address sitellocation specific issues.If any of the work installed is not ADA compliant,
at the sole discretion of the Engineer,said work shall be immediately removed and replaced at no charge to the City
Total Amount in words SIX HUNDRED TEN THOUSAND THREE HUNDRED THIRTY
NINE 561LARS AND NINE _
290/031858.0008
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Miralago/Lake Pointe BIDDER'S PROPOSAL(continued)
Street Resurfacing
PP,AP 19.01
BID SCHEDULE
Bin DESCRIPTION — f%S1 iMAT1 D UNrr UNIT EXTENDED EM AMOUNT
ITEM I QUANTITY PIUCF.
1 Mobilizabon/Demobilization 1 LS
not to exceed 20.000
2 Public Notifications mm I^ LS
3 Implement2tion of BMP's I LS -
4 Traffic Control - I LS
5 Remove Existing Striping, I LS
Legend and RPMs
6 1 2"grind existing AC,remove 10,845 sY
and dispose.
Install Pavement Fabric
7 14.845 5Y
(include Binder)
2"min. C2-PG70-10 AC 118t1 TUN
8 overlay i
9 PMRE with medium fine size /6W SY
screenings
10 Type 11 slurry seal 276 TON
Remove and Dispose of
11 Existing PCC Ped Ramps,A 1,951 SY
Pavement per Ramp Details
12 $"Slot paving AC 81 TON
at Gutter
4`13 Install PCC Curb an utter 1,216 LF
*"14 gn PCC for X-G r 4,491 SF
"'15 4" PCC for AD pedestrian 10,495 SF
Ramps.
Install Step TM
"1S Detectable Warning Tiles or 32 EA
approved equal
Striping:thermoplastic
17 pavement legends and striping 1 1.5
per plans
2-3
29W031 858-0008
7G45681.2a0212vI9 Wage 10
Miralago/Lake Pointe BIDDER'S PROPOSAL(continued)
Street Resurfacing
PMP 19-0t
18 Blue Dot installation per City 38 EA
Std. No. 705
TOTAL l
�* The contractor shall be responsible for ensuring any newly constructed worts is ADA compliant which may
include modifications to standard drawings to address sttellocation specific issues if any of the work installed is
not ADA compliant, at the sole discretion of the Engineer, said work shall be immediately removed and replaced
at no charge to the City
Total Amount in Words
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 amounts?
with that of all additive ur 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
shalt be final.
All bids received shall be recorded on an abstract (tabulation) of birds, 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:
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7645691.2 a02121'1 y
Miralago/Lake Pointe BIDDER'S PROPOSAL(continued)
Street Resurfacing
PMP 19-01
COPP CONTRACTING, INC.
Legal name of the business
CORPORATION _
Business Type(Corporation,Partnership,Sole Proprietor)
NIA
DBA(if any)
EZEKIEL A COPP-PRESIDENT
Name and title of the owner
DENNIS W COPP-VICE PRESIDENT
Name and title of second partner or officer
6751 STANTON AVE., BUENA PARK, CA 90621
Business Address
(714) 522-7754
Telephone number
(714) 522-2074
Facsimile number
C_COCOPPCONTRACTING.COM
Email address of primary contact
COPPCONTRACTING.COM
Company web address
� T A .� 02/0512019 � ` . 02/0512019
Signature of Prime Contractor Date 5ignature of Prime Contractor'" Date
Ezekiel A Copp-President Erlinda Copp-Secretary
Print name and title Print name and title
rif the Prime Contractor is a corporation two signatures of corporate officers are required.)
1-5
290 o;i s5a-MIS
7M56H�2 a02.21.19 Page 12
CIWP0H111A ALL43URPOSE ACKNCWLIIIMMIR#Y CIVIL CODIE#ilea
:r,..rxx�c��x�nex•�xx�•e. •�.c,a�.r •exxxxxar:c,a�:
A notary public or other officer completing this cen6cate venfm only the identity of the kWivlduat who eiyned the
document to wheat this owtlficate is attached,and not the truthfuinem.accuracy,or validity of that doam w>a_
State of California ►
County of OMNGE M }
on FEBRUARY 05, 2019 before me, YOLANDA LUJAN—N(YfAItY PUBLIC _
Date Nerd Insert Name and Tills of dre Moser
personally appeared _. E_2EKIEL_A COPP_AND- ERLINUA f,4PP--------- r -
Nameo)of Signwfsi
who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) Were
subscribed to the within Instrument and acknowledged to me that he/ane/they executed the same in
N&4w/their authorized capacity(ies),and that by his/her/their slgnature(s)on the instrument the person(s).
or the entity upon behalf of whtch the person(s)acted,executed the instrument.
I sanity under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct,
WITNESS my hand and Seel.
g�kYr)t.ANDA 1_UJAN Signature.. _
r:aMM 0225510ti1 >
< F Notary Psi6a[ C.�.'dornia ' Notary Public
ORANGE MOM
�41r+irqur Lpreriar i.�171
Piece Notary Saar Above
aioTlt�nual
Though this section Is optional,completing this information can meter afteration of the dorurnent or
fraudulent reattachment of this form fo an unintended document.
Ceacriptlon of Attached Document
rife or Type of Document: _BIDDER'S_rROP§pL Document Date: 2/5/19_
Number of Pages .--.----.- Signer's) Other Than Named Above:
Capeeity(ieS)Claimed by Signer(s)
Signer's Name:._..—. ---__ Signer's Name:...��Y_m_.-_.
:.1 Corporate Officer-TMe(s):_�-_—,--. _Corporate Officer -Title(s):.__- —
Partner -- :L-imited L I General Partner -- Lknited 'General
Individual Attorney in Fact individual ; :Attorney in Fact
Trustee 1 Guardian or Conservator Trustee I Guardian or Conservator
Other: - __.. Other
--
Signer Is Representing: __.. .-_.,..--.--.--- Signer is Representing: .--------.. ._.
%�t�P4YVFK1i1V4�V�3UN�:VL�:L11Vf7Ust'4lt1XJ�'.' C1:�9iKMJfxSWtl[Kf4QG%A%Y- ;[Si
02014 National Notary Association-www.NationatNotary.org•1-800-U8 NOTARY(1.800-878-WT) Item l5907
290/031958-0008 P 3
7rvt5M I.2 a02/21/19 Page
Miralago/Lake Pointe 61DDER'S PROPOSAL(continued)
Street Resurfacing
PMP 19-01
CERTIFICATE REGARDING CONTRACTOR'S LICENSE
1. Contractor is required to possess one of the following State Contractor's License:
State of California Class"A and/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), 384209 A
b. Expires on: 1112019
QA
02105l2019 >,rtv' ,M 02105l2019
Signature of Prime Contractor Date Signature of Prime Contractor v Date
Ezekiel A Copp- President Erlinda Copp-Secretary
Print name and title Print name and title
(if the Prime Contractor is a corporation two signatures of corporate officers 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.
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290 03 1858-0008
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