2019/05/15 COPP Contracting, Inc. CIP19-08 Encanto Dr neighborhoods street resurfacing CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP 19-08, (ENCANTO DRIVE NEIGHBORHOODS STREET 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 COPP
CONTRACTING, INC. ("Contractor"), whose principal business address is 6751 STANTON
AVENUE BUENA PARK CA 90621 on the 15th day of May . 2019.
In consideration of the mutual covenants and agreements set forth herein, the Agency and
Contractor have mutually agreed as follows:
I. 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 19-08
(Encanto Drive Neighborhoods 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.
290/031859-0008
764568L2 a0425 19 Page I
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 ail 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 1 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.
290/03185MOOB
7645691.2 04125119 Page 2
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:
290/03185MOO8
7645691.2 44n5n9 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 of Mennifee Copp Contracting, Inc.r
By: Gm By: !Fl -. 5�f�
Bill Zi e , Mayor Name: Ezekiel A. Copp
Its: President
APPRO ED AS TO FORM By:
/ Name: Dennis W. Copp
By: "� Its: Vice President LN
]e re T. Melchin U
ty Atto y
ATTEST•
B 042384
S ah Man ari g, City C 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.]
2 90/03 1 8 5 8.0008
7645681.2 a04/25/19 Page 4
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
290/031858-0008
7645681.2 aO4/25/19 Page 5
EXHIBIT B
CONTRACT PRICE
Amount Not-To-Exceed $644,239.80 (Six Hundred Forty Four Thousand Two Hundred
Thirty Nine Dollars and Eighty 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.
290103 1 8 5 8-0008
7645681.2 a04/25/19 page 6
Encanto Drive Neighborhoods, Street Resurfacing BIDDER'S PROPOSAL(continued)
CIP No.19-08
BID SCHEDULE
I"Ff h1 BID
DESCRIPTION (1EXTENDED
T1. ! UNIT UNIT PRICE 1�-E�A 420E NT
Mobilization/Demobilization Not to
1 Exceed $30,000 1 I'S 16,540.00 16,540.00
2 Public Notifications I 1.S 3,000.00 3,000.00
Storm Water Management, BMP
3 implementation. Refer to Section 7-8.6 2 1 I.S
of General Provisions 1.000.00 1.000.00
4 Traffic Control I LS I 8,000.00 8,000,00!
Remove and dispose of existing PCC, AC
5 pavement and base per drawings. Include 1.745 S1'
5awcut. 39.00 68,055.00
Unclassified Excavation (subgrade
6 grading and compaction for ADA ramps) 1 I S 6,000.00 6,000.00
7 Class II aggregate base material (as- 60 CY
needed item) 50.00 3,000.00
8 Construction Survey for ADA ramps I I,S 6,000.00 6,000.00
9 install 6" Curb and Gutter per City Std. 920 LF
200 26.00 23,920.00
8" Thick PCC Cross Gutter per City Std.
10 209 (including construction of monolithic 2.125 SF
curb) 9.50 20,187.50
4"thick PCC for construction of ADA
11 I ramps and sidewalk per City Standards 6,650 S1=
400/405 and details shown in plans 6.2D 4i,23fl.00
12 Install 4" retaining curb behind ADA ramp 40 t.F
16� long where shown in plans. 26.00 1,000.00
13 Install Truncated Domes at Fed Ramps 28 EA 11 500.00 14,000.00
14 1 1-112"AC grind Protect all existing 7 44u SY
utilities in place. 1.72 64,396.80
15 Install Pavement Fabric Include binder 37,440 SY 3.00 112,320.00
16 1-1/2"AC overlay C2-PG 70-10 3,050 TON 75.35 229,817.50
17 6"AC paving C2-PG 70-10 174 TON 120.001 20,880.00
Install Thermoplastic 12"white stop bar
18 and "STOP" pavement marking at existing 12 EA
locations (per City Sid. 1201) 289.00 3,468.00
1-3
29a031858-0008 Page 7
76456812 44,125;19
Lncanto Drive Neighborhoods,Street Resurfacing SiDDER'S PROPOSAL(continued)
CI P No_19-08
Install Thermoplastic white"STOP
—19 AHEAD' pavement marking at existing l EA locations $27.00 $27.00
20 Slue Dot installation per City Std. No. 705 26 EA 23.00 598.00
TOTAL 644,239 80
TOTAL BID AMOUNT SCHEDULE(in words):
Six hundred forty four thousand two hundred thirty nine Dollars and eighty---------- 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 reconciled
it will be considered non-responsive 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 steal!not be made unless the price can be determined to
be reasonable based on an analysis by the Owner The Owners determination as to the reasonabieness
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.
1-4
290/031858-0008
7645681.2 a04/25/19 Page 8
Encanto Drive Neighborhoods, Street Resurfacing BIDDER'S PROPOSAL(continued)
CIP No.19-08
Complete the following:
Copp Contracting, Inc.
Legal name of the business
Corporation
Business Type(Corporation,Partnersh Ip,Sole Proprietor)
NIA
DSA iif 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
cc@coppoontracting.com
Email address of primary contact
coppcontractin .com
Company web address
AI
04/11/19 ��. 0411111 S
Si ature of Prime Contractor Date Signature of Prime Contractor Date
Ezekiel A Copp, President Erlinda Copp, Secretary
Print name and title Print name and title
(if the Prime Contractor is a corporation two signofures of corporote officers are required.)
1-S
290/031858-0008
7645681 2 pa4r25n9 Page 9
CALIFORMA ALL-MAPOW ACKNOWLEOGMeMY CIVIL CODE§ 1189
SC,C9�1t3C47Cr�(kSCd:[fGCI'SQi"C.LY' �^['.i:C; .'YXk'�iYYCY ;:fi.(`,ar5[y.1+C.tYk'S.i C:CS�cCLY'caC1tl0[R!.�II['iOtr i-t::S: XIi�'1tlCal
A notary pubfic(v other oftiser comp"thte eertfficate verifies only the identity of the Individual who signed the
docummt to which this certilree is attached,and not the truthfulness,accuracy,or validity of that document.
State of CaMomia )
County of 0099 _.-.__...— )
On APRIL_11, 2019 befOFeRta, YOI.ANDA L_UJAN - ROTARY PUBLIC
Date Here Insert Nerve and'fide of the Officer
personalty appeared _EZEKIEL A COPP AND ERLINAA
Name(s)of Srpner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose naffWA Ware
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(1es),and that by his/her/their signature(s)on the instr'ulnent the person(s),
or the er'ttity 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 foregoing paragraph
is true and correct.
WITNESS my hand and o tat seal
NANDA i-WAN ig Of taryPublic
(:OMM 11215 t i784 s
i IGRA COU!7]l�PUW y.
� A
Place!Votary Sera/Above
011577O1M
Though tfds section is optional, Completing this Infor nown can deter afteraWn of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Docunwd
Title or Type of Document: BIDDER'S PROPOSAL Document Date- 04�t ILH
Number of Pages: —_ Signer(s) Other Than Named Above: N2NE
Capaeity(ies)Claimed by Signers)
Signer's Name: Signer's Name: _
I Corporate Officer— Titie(s}:------'--____ -_ _ L]Corporate Officer-- Til e(a):
A Partner-- iJ Limited L.'General 0 Partner -- L,limited General
1-I Individual (-1 Attorney in Fact 0 Individual 'Attomay in Fact
1.I Trustee r-I Guardian or Conservator U Trustee i. Guardian or Conservator
DOther __- f7 Other:
Signer Is Representing: Signer Is Representing_
W014 Nattottal Notary Associalion-www,NabonatNotary.org•1-BWUS NOTARY(1-800.878-8827) Item N5807
290/031858-0008
7645681-2 T04125n9 Page 10
Encanto Drive Neighborhoods,Street Resurfacing BIDDER'S PROPOSAL.(continued)
CIP No.19-09
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 fabowing
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. Expireson: 11/30/2019
r
04/11/19 04/11/19
Signature of Prime Contractor Date Signature of Prime Contracto Date
Ezekiel A Copp, President Erlinda Copp, Secretary
Print name and title Print name and title
(if the Prime Contractor is a corporation two signotures 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.
1-5
290/03 1 8 5R-0008
7645681 z.jn !25rs9 Page 11