2020/08/05 Hardy and Harper Murrieta Rd Street resurfacing, phase 1 DocuSign Envelope ID:ODA24126-F909-40DO-B6B2-A3BFAAA82628
CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
MURRIETA ROAD STREET RESURFACING PHASE 1
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 5 day of August , 20 2Q
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 MURRIETA ROAD STREET
RESURFACING PHASE 1 to be constructed at the Murrieta Road 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
DocuSigned by:
By �,;,p� By:
Name: Michael Murray, Vice
Armando G. Villa, City Manager President
Its:
APPROVED AS TO FORM: By:
DocuSigned by: Name: Kristen S. Paulin, Corporate
By: Secretary
F Its:
Je ey T. Melching, City Attorney
ATTEST:
Doc.Signed by: 043779
By:rsara�. Q. Al.aan.Wa
Contractor's City Business License No.
9116
Sarah A. Manwaring, City Clerk
215952; A, C-8 & C 12
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
One Million One Hundred Ninety Five Thousand Dollars and Zero Cents ($1,195,000.00)
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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BIDDER'S PROPOSAL Murrieta Road Street Resurfacing Project Phase 1
CIP No.21-01
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BIDDER'S PROPOSAL
E
The undersigned hereby proposes to furnish any and all labor,materials,and equipment for the
MURRIETA ROADSTREET RESURFACING PHASE 1(CAM DEL SOL NORTE TO MCCALL BLVD),CIP
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) 1,2,3,4, 5
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. :.
Sid Forms/Documentation Requirements Checklist ]
❑BIDDER'S PROPOSAL/ADDENDA ACKNOWLEDEMENT €
❑BID SCHEDULE FORM(SCHEDULE) ]
❑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 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. i
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Murrieta[load Street Resurfacing Project Phase 1 BIDDER'S PROPOSAL
CIP No,21.01 I
1
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11
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BIDDER'S PROPOSAL Murrieta Road Street Resurfacing Project Phase 1
CIP No.21-01
Updated BID SCHEDULE
MURRIETA ROAD STREET RESURFACING PHASE 1(CAM DEL SQL NORTE TO MCCALL BLVD)
CIP No.21-01
EXTENDED
TTEM NO. DESCRIPTICNY QUANTITY UNIT ITEM AMOUNT
1 Mobilization/Demobilization 1 LS Z3�s 3L
Clearing and Grubbing 1(.e t w p
2 ref.APWA Greenbook 300) 1 LS
3 Traffic Control I LS
4 Water Quality Control t LS I Q
5 Informational Project Signs 2 EA
II 5"lS l�SAS
6 Public Notifications 1 LS
7 Earthwork EOTSED --
8 Aggregate Base _ NOrl'USEII -
9 CIRACP-4"depth 431,223 SF
IQi7D I�IDDL)
10 CIRACP Mix Design I I's
CIRACP $1 15,000
11 Emulsified Recycift Agent 1 Allowance
Asphalt Concrete Wearing I D �jl(} I f d
12 Course 5,263 TON
13 AC Berm NOT USED -
-
ltoZS -2,t 5�5
14 Adjust Manhole to Grade 21 EA
l D5
15 Adjust Valve Can to Grade 51 EA
51�20 43��ZgD
16 Ped Rams 24 EA
17 Detail 9 5 NOT USED --
1-4
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Murrieta Road Street Resurfacing Project Phase 3. BIDDER'S PROPOSAL
CIP No.21-01
D 2.b 18 Detail27B 1 8,675 LF 11 13
Detail 22 and 27-No Passing ❑'3U
14 6A&68 2,110 LF S"I
D'��- �I�S�•12
20 Detail 29 6 5,976 LF
21 Detail 32 14 5,267 LF
0.►.1-1
22 Detail376 26 433 LF
23 Detail 38 S 1,911 LF Z
24 Detail 38B 9A NOT USED -
D•31 1Le5.64
25 Detail39 7 534 LF
0'IL0 _IQCJ•0" I,
26 Detail39A S 1904 LF
o-SZ -M.9L
27 Detail40 29 48 LF
` J i n 1
28 Detail A 7A 22,764 LF
29 Detail 8 16 NOT USED --
1- 1, 1D�•a2
30 Red Curb 707 LF
3.12 ,g Le.Z�
31 Limit/XWalk 3 12" 252 8F
3.12 Q11.52
32 Limit/Mal 3a 24" 196 8F
,.12 -I.W-"LEI
33 Limit/XWalk 4 2,527 SF
3•LP 5a-q LP
34 Type 110'Arrow 14 SF
Type VI Right Lane Drop
35 Arrow-A24A-Type B 10 NOT USED --
Type IV Turn Arrow-A24A- 3'LR4 ti Z3'
36 Type4 11 34 SF
, '-Le4 1.D55•Ce°
37 Bike Symbol 15 290 SF
38 "STaP" 12 154 ,3,Le4 qLe o• 5LP
1-S
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BIDDER'S PROPOSAL 1Vlurrieta Road Street Resurfacing Project Phase 1
CIP No.21-01
39 "SIGNAL" 12 160 sl
3.U4 q�Z
40 "AHEAD" 12 248 5F
ZLfZ -1113
41 Install New Signs 28 EA
42 Remove Signs 16 It A -l 1 U
Blinker Stop Sign R1-1 +R1- -at ISU 3p�
43 1 3P 23 2 EA 1
c3Do -�t4DD
44 Bike Loop Detection 8 EA
45 Traffic Signal Detection 37 AO 01 3��
TOTAL
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Murrieta Road Street Resurfacing Project Phase 1 BIDDER'S PROPOSAL
CIP No.21-01
The lowest responsive bidder shall be determined by comparing the base bid amount(s).Additive
or alternative bids(if any)are not included in the base bid.
TOTAL BID AMOUNT(in numbers):
°°
TOTAL BID AMOUNT(in words):
ono m►tiif Dn QM ho Dr (,cd n�nl �V el j o g,�� A
day a-.6 CA4 U0 (,6451
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 amount(s)
with that of all additive or 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 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.
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BIDDER'S PROPOSAL Murrieta Road Street Resurfacing Project Phase 1
CIP No.21.01
Complete the following:
Hardy&Harper, Inc.
Legal name of the business
S.Corporation
Business Type(Corporation,Partnership,Sale Proprietor)
N/A
❑6A(if any)
Dan T. Maas-President,Treasurer
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.h ardya n d h a rpe r.com
Company addre
07/0112020 07/01/2020
Signature Ake Contractor Date Signature of PrYme Contractor Date
Steve Kirschner-Vice President Kristen S. Paulino-Corporate Secretary
Print name and title Print name and title
(if the Prime Contractor is a corporation two signatures of corporate officers are(equired.)
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Murrieta Road Street Resurfacing Project Phase 1 BIDDER'S PROPOSAL
CIP No.21.01
CERTIFICATE REGARDING CONTRACTOR'S LICENSE
1. Contractor is required to possess one of the following State Contractor's License:
State of California Class"A",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: 12/31/2021
07/01/2020 07101/2020
Signature of Prime Contractor Date Signature of Prime Contractor Rate
Steve Kirschner-Vice President Kristen S. Paulino-Corporate Secretary
Print name and title Print name and title
{1f the Prime Contractor is o corporation two signatures of rorporote officers are required.J
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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