2019/06/19 California Professional Engineering, Inc. CIP19-04 & 19-05, McCall Blvd & Oakhurst Ave & Murrieta Rd & Park City Ave I
CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP NO. 19-04 AND 19-05 (TRAFFIC SIGNALS AT: MCCALL BLVD & OAKHURST
AVE.,AND MURRIETA RD & PARK CITY AVE)
This Owner-Contractor Agreement ("Agreement") is made and entered into for the above
referenced Project by and between the City of Menifee ("Agency"), and CALIFORNIA
PROFESSIONAL ENGINEERING INC. ("Contractor"), whose principal business address is
939 OTTERBEIN AVE UNITE LA PUENTE CA 91745 on the 6 day of June, 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 CIP NO. 19-04 AND 19-05
(TRAFFIC SIGNALS AT:MCCALL BLVD &OAKHURST AVE.AND MURRIETA AVE
& PARK CITY AVE) to be constructed at various intersection 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 Inc.
By: rVI.A -Av� By:
Name: an N u en
Bill Zim er t/Mayor Its: President
APPROVED AS TO FORM: By: ;-
Name: an N U en
By: Its: Treasurer
ffr T. Melching, Cit Attorney
ATTEST:
Contractor's City Business License No,
arali A. Manwaring, City Cl rk
793907/A. C-10. C-20
State Contractor License No. & Class
929 OTTERBEIN AVE UNIT E
Street Address
LA PUENTE CA 91748
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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MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS AND DIRECTORS
CALIFORNIA PROFESSIONAL ENGINEERING, INC.
The annual meeting of the shareholders of the above named California Corporation was duly held at the principal office of
the corporation located at 929 Oiterbein Avenue,Unit E, La Puente, CA, 91748, USA on January 21, 2019.
The Director present was VAN TAN NGUYEN,
President acting as Chairman, same being VAN TAN NGUYEN,
The Chairman then presented and read to the meeting a Waiver of Notice of Meeting, subscribed by all of the Directors of
the Corporation. Upon motion duly made, it was:
Resolved, that the Chairman be requested to cause the same to be spread at length upon the minutes.
Resolved, that the following persons were nominated and thereupon elected to the position opposite their names to serve
until their successors are elected and qualified:
VAN NGUYEN,PRESIDENT
VAN NGUYEN, SECRETARY
PHUONG-THAO NGUYEN, CHIEF FINANCIAL OFFICER(CFO)
Resolved, that the above persons elected may sign all binding, contractual documents on behalf of the Corporation.
The President,Secretary, and Treasurer thereupon assumed their respective offices.
The President then presented and read the minutes of the annual meeting of shareholders of this Corporation,and the
same were, on motion duly made, seconded and unanimously carried; in all aspects ratified and adopted by this Board of
Directors.
There being no further business to come before the meeting, upon motion duly made,seconded and unanimously carried,
the same was adjourned,
The foregoinq minutes of Janua 21, 2019 are approved:
\ -
/.
VAN NGU EN, President
(corporate sea!)
VAN NGU , ecretary
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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Traffic Signals:McCall/Oakhurst,Murrieta/Park BIDDER'S PROPOSAL(continued)
CIP No.19-04 and 19-05
BIDDER'S PROPOSAL
The undersigned hereby proposes to furnish any and all labor,materials,and equipment for the
TRAFFIC SIGNALS AT:McCALL BLVD.&OAKHURST AVE.,AND MURRIETA RD.&PARK CITY AVE.,
CIP No. 19-04 AND 19-05,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)
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.
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.
Bi Forms Documentation Re uirements Checklist
lDDER'5 PROPOSAL/ADDENDAACKNOWLEDEMENT
BID SCHEDULE FORM(SCHEDULE)
l=RTIFICATE REGARDING CONTRACTOR'S LICENSE
ID SECURITY. CASHIER'S CHECK OR BID BOND
ON-COLLUSION AFFIDAVIT
ONTRACTOR'S REFERENCE LIST
E5IGNATION OF SUBCONTRACTORS
ONTRACTOR'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.
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Zyuiw 1 a�a-vvvn
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Traffic Signals:McCall/Oakhurst,Murrieta/Park BIDDER'S PROPOSAL(continued)
CIP No.19-04 and 19-05
BID SCHEDULE A:McCall Blvd/Oakhurst St.
BID 4 ] EXTENDED
ITEM DESCRIPTION QTY. UNIT UNIT PRICE ITEM
_ AMOUNT
1 Mobilization/Demobilization 1 LS ISOO =— 1�Q
Clearing and Grubbing:include removal
2 and disposal of PCC and AC to the limits 1 LS
as shown in the construction documents. 2So0'-
3 Implementation of BMP's 1 LS 1000 ^
4 Traffic Control I LS `2
300oS r 3000
Remove Existing Striping, Legend and
5 RPMs as shown on the construction 1 LS I$0O'e- .�
documents.
Complete Traffic Signal System{Including
but not limited to atl work,labor,material,
equipment,utility coordination,utility work
order work,trenching,trench restoration,
removaVrepair/replacemenVrelvcation of
any existing improvements orfacilities, .o
conduit pedestals,vaults,poles,borings, 3y1��M I om
6 import,export,footings all electrical work, 1 LS 31 I)
Incidentals and anything else necessary
to install the complete and fully functional
Traffic Signal System all in compliance
with the contract documents and all
relevant standards, codes,and
ordinances to the satisfaction of the
Engineer.
Furnish and Install Peddestrian Ramp `
Type I"Case A"Per City of Menifee 1
7 Standard Plan No.405 and Cross gutter 4 EA �300 �3
per City of Menifee Standard Plan 209, 20o
Include compaction of subgrade.Match
existin flow line elevations.
Signing and Striping(including RPMs,
8 delineators,etc.)as shown in the contract 1 LS IC)C�Ca to 0o O
documents.
9 Field Orders 1 LS $10,000.00 $10,000.00
TOTAL
41�91�
1-3
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Traffic Signals:McCall/Oakhurst,Murrieta/Park BIDDER'S PROPOSAL(continued)
CIP No.19-04 and 19-05
BID SCHEDULE B:Murrieta Rd/Park City Ave.
AID EXTENDED
ITEM DESCRIPTION QTV. UNIT UNIT PRICE ITEM
ANIOUNT
Mobilization/Demobilization I LS " G O
ISoo' kvoo'
Clearing and Grubbing;Include removal
2 and disposal of PCC and AC to the limits 1 LS a c^
as shown in the construction documents. ZS�� 2S�oa
3 Implementation of BMP,s
4 Traffic Control 1 LS 3�pp om
Remove Existing Striping,Legend and
5 RPMs as shown on the construction I LS SSoO 00
documents. Soo
Complete Traffic Signal System(Including
but not limited to all work,labor,material,
equipment,utility coordination,utility work
order work,trenching,trench restoration,
removalfrepaidreplacemenVrelocation of
any existing improvements or facilities,
conduit pedestals,vaults,poles,borings, g Ia�
6 impart,export,footings all electrical work, I LS 32- o
incidentals and anything else necessary
to install the complete and fully functional
Traffic Signal System all in compliance
with the contract documents and all
relevant standards,codes,and
ordinances to the satisfaction of the
En ineer.
Furnish and Install Pedestrian Ramp -
Type I"Case A"Per City of Mehifee
7 Standard Plan No.405 and Cross gutter °� °�-
per City of Menifee Standard Plan 209. 4 EA g3o� a3r20a
Include compaction of subgrade. Match
existing flow line elevations.
Signing and Striping(including RPMs, o_
8 delineators,etc.)as shown in the contract I LS
documents. ZO,000 20,000'
9 Field Orders 1 LS $10,000.00 S 10,000.00
TOTAL
4D4,g2� o
1-4
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i
Traffic Signals:McCall/Oakhurst,Murrieta/Park BIDDER'S PROPOSAL(continued)
CIP No.19-04 and 19-05
I
i
BID SCHEDULE C:BID ALTERNATIVES
BID EXTENDED
ITEM DESCRIPTION QTY. UNIT UNIT PRICE ITEM
Furnish and lnsta11130SCH Wlvdel nn AMOUNT
Autodome IP Starlight 7000 HD Camera 2 EA I, pp0 00
and Necessary EquQin 22000cc
TOTAL
The lowest responsive bidder shall be determined by comparing sum of the base bid amount(s)A and
B. Additive or alternative bids(if any)are not included in the base bid.
TOTAL BID AMOUNT SCHEDULE"A"AND"B"(in numbers):
TOTAL BID VO NT SCHEDULE""A"AND"B"(in words):
►rrFlk�ncir�t ecnilx'„sand
�- Dollars and 'Zz-f-0 Cents
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 reconci€ed
it will be considered nonresponsive and will not be considered for award.
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 1nduding items of work that may not have a specific pay line item
and that there shall be no additional costs to the Owner.
1-5
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j City of Menifee
CIP 19-04 05•T raffic Signals:McCall/Oakhurst, Murdeta/Park City MENIFEE
Addendum # 1 (8/15/2018)
New.Better.Best,
The following modifications/clarifications are made to the NIB.
Appendix 1 -Bid Documents;
replace Old Schedule A with the attached:
Replace Bid Schedule 8 with the attached,
By order of,
Carlos Geronlmo, PE
Senior CIVil Engineer
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Traffic Signals:McCall/Oakhurst,Murrieta/Park BIDDER'S PROPOSAL(continued)
CIP No.19-04 and 19-05
Complete the following:
California Professional Engineering, Inc
Legal name of the business
Corporation
Business Type lCorporation,Partnership,Sale Proprietarl
N/A
DBA(if any)
Van Nguyen,President
Name and title of the owner
N/A
Name and title of second partner or officer
929 Otterhein Ave Unit E La Puente,CA 91748
Business Address
6268101338
Telephone number
6268101322
Facsimile number
van@cpengineeringinc.com
Email address of primary contact
https:ltpengineeringinc.com/
Company web address
t _
1
05101121719 0510112019
Signature of Prim Contractor Date Signature of ime Contractor r Date
Van Nguyen, President Van Nguyen,Secretary
Print name and title Print name and title
(if the Prime Contractor is a corporation two signatures of corporate officers are required.)
1-6
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Traffic Signals:McCall/Oakhurst,Murrieta/Park BIDDER'S PROPOSAL(continued)
CIP No.19-04 and 19-05
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-30"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)viNch:
a. Bears the license number(s).. 793907
b. 4pires on: 4/30/2021
05M112019 05/01/2019
Signature of prime c raeFor"f Date Signature of Prime Contr for Date
Van Nguyen, President Van Nguyen,Secretary
Print name and title Print name and title
(lf 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 ran 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
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EXHIBIT B
CONTRACT PRICE
Not-to-Exceed Eight Hundred Fourteen Thousand Nine Hundred Thirty Five Dollars and
Zero Cents($814,935.00)
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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