2020/10/07 Hardy and Harper CIP21-12 Hillpointe Resurfacing Project DocuSign Envelope ID:8802F7F7-3040-4C15-9E3E-8E9213D176BD
CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP 21-12 HILLPOINTE 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 HARDY & HARPER
("Contractor"), whose principal business address is 32 Rancho Circle, Lake Forest, CA 92630
on the 7 day of October , 2020.
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 20-12 HILLPOINTE
RESURFACING PROJECT to be constructed at the Citywide (Throughout City) 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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(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 HA ���
N �
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Signed by:
By �{,,,_ By: v
Name: Michael Murray
Armando G.-Villa, City Manager Its: Vice President
DocuSigned by:
APPROVED AS TO FORM: By: 6sftu, S. Pau.�.ila, (xf6 'ab- St(V
Doc�Signed by: Name: step S. Paulin
By• �, �M 1,
"") Gfy Qua Its: Corporate Secretary
Jeffrey T. Melching, City Attorney
ATTEST:
DocuSigned by: 043779
By. SaV'a�, Q. DtiLaI�.WaVi
Contractor's City Business License No.
Sarah A. Manwaring, City Clerk
215952, Class A, C-8, C12
State Contractor License No. & Class
32 Rancho Circle
Street Address
Lake Forest, CA 92630
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
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EXHIBIT B
CONTRACT PRICE
Six Hundred Six Thousand Dollars and Zero Cents ($606,000.00)
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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The undersigned hereby proposes to furnish any and all labor,materials,and equipment for the
Hillpointe Resurfacing Project,CIP No. 21-12,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 hisJher 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) 1,2,3
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 Reg uirements Checklist
❑BIDDER'S PROPOSAL/ADDENDA ACKNOWLEDGEMENT
❑BID SCHEDULE FORM(BID SCHEDULE&BID SUMMARY TABLE)
❑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 ANDAFFIRMATIVE ACTION
❑COPY OF CA DE PIT 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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BID SCHEDULE:
"BAST:BID-REVISED"
## DESCRIPTION UNIT CITY UNIT PRICE TOTAL PRICE
1 Mobilization/Demobilization LS 1 t0l ?31 to ,33ti
2 Public Notifications LS 1 U 0 Zt 0 L)
Storm Water Management and
3 BMP Implementation, LS 1 D
Refer to Section 7-8.6.2 of the �' 1 �i`,
General Provisions
Traffic&Pedestrian Control Plan LS 0 0
4 and Implementation 1 y �t D
5 Construction Staking(ADA Ramps) LS 1 Z 0 ry LC,
6 Remove&dispose of vegetation SF 500
a and debris removal LD 11;5
7 Saw Cut LF 2,056 l 0 ZI fl�J
8 Remove AC and Base(include SF 15,000 0•Ll 21 tq DD
disposal)
4 Remove&dispose of concrete SF 1,025 3�D 13
sidewalk.
Remove&dispose of concrete
10 curb return from BC to EC(This EA 18 y y 0 O
includes ADA ramp,sidewalk,and
spandrel)
11 Remove&dispose of concrete LF 360 �10
curb&gutter
12 Remove&dispose concrete cross EA 1 {y OSd l I DS D
gutter
13 Adjust man hole.to finished grade EA 22
14 Adjust water valve to finished EA 31 Li
grade
1-3R
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BID SCHEDULE
"BASE BID-REVISED 2"
# DESCRIPTION UNIT QTV UNIT PRICE TOTAL PRICE
15 6'Wide-AC Header grind SF 89,000 7
(0"_2"grind) '-� Zl i �✓lP Q
16 2"AC overlay(ARHM-GG-C) TON 3,340 oD
Construct 4"AC Full Depth
Pavement(REFER TO DETAIL ON G
17 PLANS)(C2 PG70-10),including TON 187
related unclassified excavation,
subgrade preparation,line and
grades
Construct 8"Thick Concrete
spandrel and Monolithic Curb per
* City of Menifee Standard Plan 4 9p�
18 SF 4,052
209,including related
unclassified excavation,subgrade
preparation,line and grade
Construct Type 8 Concrete Curb
&Gutter per City of Menifee 3 t
19 Standard Plan 200{Includes LF 360 Ly I b {
Transitions),including related
unclassified excavation,subgrade
preparation,line and grade
Construct 4"Thick PCC for
Construction of ADA Curb Ramp
with 8"back of curb IBC to EC) �t d
and Sidewalk per City of Menifee �k
20** Standard Plans 400 and 405 and EA 18
Details Shown in Plans,including
related unclassified excavation,
subgrade preparation,line and
grade
Furnish and Install Thermoplastic
�1 White"STOP AHEAD"Pavement EA 2
Marking per City Std Plan 1201 at
Existing locations
Furnish and Install Thermoplastic
22 White"STOP BAR PLACEMENT" EA 9 �� }
Pavement Marking per City Std `7
Plan 1201 at Existing Locations
Z3 Furnish and Install 12"White LF 150
Thermo Limit Line
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BID SCHEDULE
"BASE BID"
# DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
24
Furnish and Install Blue Dots per City
of Menifee Standard Plan 705 EA 11
25 Construct 4"thick PCC sidewalk per
city std.400 SF 1,025
26 Install salvaged sign&post per city EA 3 ^7�
std.817 { 74
27 Install 3"pvc drain EA 3
28 Install Traffic loops EA 2 3 1 Z❑
BASE BID TOTAL PRICE(ITEMS 1-28)
Sag, 5�a 0
BID SCHEDULE
ADDITIVE BID"A"
q DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
1 Survey Centerline Ties&re- LS I l i l l 0
establish monuments �1
ADDITIVE BID"A" TOTAL PRICE(ITEM 1) $ l L 9 i 0
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BID SUMMARY TABLE
BASE BID AND ADDITIVE BID ITEM TOTALS
`- -'-`-- Total Oti.figures)
Base Bid Total, (Transfer from page 1-S) S 594,560.00
Last Minute Additions/Deductions*for Bid Item No. NIA (specify No-) S 0,00
Base Bid Total plus all last Minute Additions/Deductions noted prior to
this sum:
Five Hundred Ninety Four Thousand Dollars Five Hundred Sixty l7allars and Zero Gents- $594 sJ60 00
(written in words)
BASE BID PLUS ADDI VE Total(in figuresi::-.
Additive Bid"A"Total: (Transfer from page 1-5) S 11,440,00
Last Minute AdditionslDeductions*for Bid Item No. NIA (specify No.) $ 0,00
Base Bid Total plus Additive Bid"A"Total plus a]I Last Minute
AdditionslDeductions noted prior to this sum:
Six Hundred Six Thousand Dollars and Zero Gents. $606,000.00
(written in words)
Values that will be read aloud during bid opening,
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Complete the following:
Hardy&Harper, Inc.
Legal name of the business
S.Corporation
Business Type(Corporation,Partnership,Sole Proprietor)
NIA
DBA(if any)
Dan T. Maas-President,CFO
Name and title of the owner
Michael Murray-Vice President
Name and title of second partner or officer
32 Rancho Circle Lake Forest, CA 92630
Business Address
714-444-1851
Telephone number
714-444-2801
Facsimile number
ablanchard@hardyandharper.com
Email address of primary contact
www.hardyandharper.com 42
Company web address
7 /1 0W0112020
Signa ur rime Contr r Date Signature of Prime Contractor Date
Michael Murr -Vice President
Print name and title Print name and title
(if the Prime Contractor is a corporation two signatures of corporate officers are required.)
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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): 215952;A.C-8&C12
b. Expires on: 12131/2021
09/01/2020
signature❑ P' e Contrac Date Signature or Prime Contractor Date
Michael Murr ice President
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 hid 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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