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2019/03/20 IVL Contractors, Inc. CIP No 17-02 Lyle Marsh Park, All inclusive playground CITY OF MENIFEE BID AND CONTRACT DOCUMENTS OWNER-CONTRACTOR AGREEMENT CIP NO. 17-02, (LYLE MARSH PARK ALL INCLUSIVE PLAYGROUND IMPROVEMENTS 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 IVL CONTRACTORS INC. ("Contractor"), whose principal business address is 1045 N. MAIN ST. SUITE 101, RIVERSIDE CA 92501 on the cb04'('-day of 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. 17-02 Lyle Marsh Park All Inclusive Playground Improvements Project) to be constructed on (Lyle Marsh Park) 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. 290/031858-0008 7645681.2 a02/20/19 Page 1 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. 290/031858-0008 7645681.2 a02/20/19 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: 290/031858-0008 7645681.2 a02/20/19 Page 3 -:r A.. fb (Initial) (Initial) Ivan Lopez-President Veronica Brambila de Lopez _ 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 IVL Contractors, inc. By: By: BillLirnin i a , ayor Nam : Ivan. Lopez Its: President APPROVED AS TO FORM: By: Name. Veronica Br bila Lopez By (:�L Its: Secreta Je y T. o f ching, C i tyl itorney ATTEST: By: A(4 f. S Manwarin , C' y Clerk Contractor's City Business License No. 890816 (A. B) . State Contractor License No. & Class 1045 N. Main St. Suite 101 Street Address Riverside CA 92501 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.] 290/031858-0008 7645681,2 a02/20/19 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 a03/20/19 Page 5 EXHIBIT B CONTRACT PRICE Amount Not-To-Exceed $142,705.63 (One Hundred Forty Two Thousand Seven Hundred Five Dollars and Sixty Three 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. 290/031858-0008 7645681.2 a03/20/19 Page 6 BIDDER'S PROPOSAL Lyle Marsh Park All Inciusave Playground CIP 17-02 The undersigned hereby proposes to furnish any and all labor, materials,and equipment for the LYLE MARSH PARK ALL INCLUSIVE PLAYGROUND, CIP No. 17-02, 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 pricesshown 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 ail 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 sulamitting 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� The undersigned has examined the current State of Calitornia schedule of prevailing wage rates for the types of work to be done on this prDiect and agrees to pay not less than these rates. Bid Forms(Datuinentatian Req r�r jp +v'hecklist BIDDER'S PROPOSAL/ADDENDA ACKNOWLEDEMENT BID SCHEDULE FORM (SCHEDULE) CERTIFICATE REGARDING CONTRACTOR'S LICENSE ID SECURITY. CASHIER'S CHECK Oft BID BOND NON-COLLUSION AFFIDAVIT CONTRACTOR'S REFERENCE LIST DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S CERTIFICATE OF WORKER'S COMPENSATION INSURANCE _ DEBARMENTAND SUSPENSION CERTIFICATION CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION l 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. 290/031858-0008 76456812 a03/20/19 Page 7 City of Menifee A& CIP 17-02: Lyle Marsh All Inclusive Playground MENIFEE Addendum # 1 (1/22f201$) New.Better.Best. The fobowing mcwX1ca1Ions/*11aAllc*WnsladdNIons are rude to Ow NIB. AtId tlLl, IijI!oi.'Jir;;:te)N I'I tirr' Ili P,I::!cDi:C Attachment 4-Playground InstaAatlan Manual See attached document for playground Installaton instructions and details, By order of Carlos Gera a. PE Senlor Civil Engineer AiCEV11Ek,+�E'c�PC1 — �VIf Cihh°�tY�C..�-are':,,td1C , irJAr1L�?t�Z- P+f��� ►r 290/031858-0008 7645681,2 a03/20/19 Page 8 I vie wiircrl I'crk AJI Irif.hisive Playground BIDDER'S PROPOSAL(continued) C111 17-�02 810 SCHEDULE BME 040 ITEMS LIFSCRIPTION UNIT (STY UNIT PRICE EXTENSION MobIIIL;-)t1on LS 1 C0rPs1,-r&flon Survey Staking LS 1 S4,800.00 3 Water PolloWn Control Ls k Catid Grubbing LS CY 500 $20,60.00 CY 90 70,67 6,360,00 Di d Garlite S F 200 -).00 p(.' Cm LF S 301m) Modified KC Mow Curb LF 4" Coper�te Paving w/#3 5F 3,000 S 30,r-A.10AN) (-Ljrh fQ[n-,p w/truncated EA 1 $7,806,00 clo Relocate Fence LF 50 $72,00 S 3,64X100 �5ignlriji and Striping LS I s 1,0.90.04) 1,080.00 14 i i,ardscapc Planting(Sod) LS 1 5 $1,4,W,00 Is Modify Irrigation System LS 1 $5,040.0d1 T -S 5,044) 00 TOTAL BASF BID s 125,216.00 OT 290/031858-0008 7645681,2 a03/20/19 Page 9 Lyle Marsh Park All Inclusive Playgrouvd BIDDER'S PROPOSAL(continued) CIP No-17.02 ALTERNATE BID ITEMS I Under Sidewalk —Drain EA EA 1,140.00 1,140,00 (Additive Alternate) 17 4 Storm Drain Pipe IF J 42 62,39 &960,00 (Additive Alternate. - - . - 4"PVC Perforated Subdrain -I with Filter Sock (Additive I F Iff $6,530.00 4" PVC Su F)d f ain C leanou EA Woditive Altprnate) I *480.00 S 966-00 tiah L)f Playffou 51rorture,cquioment, and 6';'500 M 6-5,_9 0 0.00 P'i r ty Co riifi a t;Orf 0- —4— 1 1%1'T 1 14 N AT 11)-C P,I-i !-Lis A[ t+-RNATE BID:Ljpja%': 1,1'1ci'l""s ill 1. In i.h(-! eviont of a varlatiDn belween the Llrlik Pf i(l, ancl.oxtended total,the unit price will be used zind ifie corrected extension will be ckm5idered as the amount bid. If the bld is Illegible a11J NVIllot be reconriled it will be cunsidere+ non-responsive drid WRI not be considered for dw�jrd. Thy lo'weslt responsive bidder 5hjjII lie determined by comparing Burn of the base bid arnount(s) only, if Equal low bids are received from responsible and responsive bidders the w1lertion shall be made by drawing lots, or other simjlar random blind rnethod selected by the Owner, If only one responsive bid is received from a respoo ib!e blddev the award shall not be made tho price can be determined to be reasonable ba.-ecll on an analysif,by the Owner- The awner's determination as to the reasonableness Of al)y Such bid shall be final. All bids received shall be recorded on an abstrmJ (tahkilation) 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 dono will correspond therewith. Item numbers followed by "(S)" are designated as specialty itownis. 290/031858-0008 76456812 a03/20/19 Page 10 Lyle Marsh Park All Inclusive Playground BIDDER'S PROPOSAL(continued) UP No, 17-02 fly-signing and submitting this bid the Contractor confirms that they are Familiar with the work site and all existing conditions that n°1ay df€ert their work and that they have read and agree to Al the terms, conditions and requiroments contained err referenced herein and that all the aforementioned has been included in the bid price a listed above including items of work that may not have a specific pay line item and that thnrc� shall be no additional costs to the Owner, WARNING: If an addendum or addenda have t>eeen issued by 1.17e Owner and not noted above -'rs, !avng received by the bidder,this F ifd may be rejpc'ted. i::c viplol4_ the fbilowin.g: lVi i:�lnirz]ctlar::, [nc. l are;,]n.vn of the Lu51ne55 4�•r�_Tair'Yr F,,,:y�r�il;� tjt•_I rule•'! _ 4ryi rr'f.tc'.t �, _� ._.1.._... .,,id titlenf seu_+nd paifiner as r,{ri(t1 ,)15 Nfain SL s«ue 101 1ki�,orsirle, CA 02501 (grit) 530-88()8 tclF.pll.rs,µ riuriiber Facsimile number ivicun(ractors@),ahcoa.c©m Ft nail address of primary contact N/ Company web addr@ss --�.— 290/031858-0008 7645681.2 a03/20/[9 Page 11 Lyle Marsh Park All Inclusive Playground BUDDER'S PROPOSAL(cmtirwed) 6P No.17-02 Signs ure of P me Ccntr tsar Date sionithyreal mr w Gate Ivan Lupex-President__ _ .__ _ 'Nro n " I � ll�s!�•3f fib:.�S[�;U1,_ ._ Print name and title Print name and title (It the Prune Conrrixtaar is a corpo?own cwo signolures o/eorpnrrrte offimrs are repked.) 290/031858-0008 7645681.2 a03/20/19 Page 12