2020/03/04 R.J. Noble Company CIP 20-03 Goetz Road Asphalt Overlay ProjectCITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP 20-03 GOETZ ROAD ASPHALT OVERLAY 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 R.J. NOBLE
COMPANY (''Contractor"who principal business address is P.O BOX 620, Orange, CA)
92856 on the day of 20u.
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 20-03 GOETZ ROAD
ASPHALT OVERLAY PROJECT to be constructed at the Goetz 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
"8", 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 shallcomplete the Work in every detail to the satisfaction ofthe Agency, exclusive
of maintenance periods, within the specified duration set forth in the Notice to Proceed.
290/03r8J8-0008
7645681.2 408/09119 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 I 771 . I , the Contractor and all subcontractors shall be registered
with the Department of lndustrial Relations. Pursuant to Labor Code Section 1771.4, lhe
Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement
by the Department of Industrial Relations. IEFFECTIVE APRIL l, 2015.]
6. NON-DISCRIMINATION
In the performance ofthis Agteement, 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 ofsuch person's race, religious status, sex or age.
7. AUTHORIZEDACENCYREPRESENTATIVES
On behalfofthe Agency. the City Engineerofthe City of Menifee shall be the Agency's authorized
representative in the interpretation and enforcement ofall 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'COMPENSATIONINSURANCE
a) By my signature hereunder, as Contractor, I certify that I am aware ofthe provisions
of Section 3700 ofthe 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 ofthe Labor code. Before commencing any work, the contractor shall cause
each subcontractor to execute the following certification:
"[ 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 Agreenrent."
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 ofthe terms ofthe bid conflicting herewith.
290/031858-0008
764J681 2 a08/09/19 Page 2
IO. 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
fumished to Agency if requested.
II. INDEPENDENTCONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor and
shall not be an employee, agent, partner orjoint venturer ofthe Agency. Agency shall have the
right to control Contractor insofar as the results of Contractor's services rendered pursuant to this
AgreemenU 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.
I3, GOVERNING LAW. VENUE
This Agreement and the Contract Documents shall be construed under and in accordance with the
laws ofthe 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 Coun 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.
I5. 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
attomeys' fees. Contractor hereby acknowledges that the filing ofa 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 ofthe provisions of this Section 15, above:
290/031858-0008
76456E1.2 a08/09/19 Page 3
(tnitial)(lnitial)
16. AGREEMENTMODIFICATION
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 R.J. NOBLE COMPANY
By:By:x
Name st in Carver
Its:.o
Armando G. Villa, City Manage.
f Operatiens
APPROVED AS TO FORM
By:
Melching, C
ATTES'I':
arah A. M anw g, City
By
Name:ndonza
Its: Secretary
PENDING RENEWAL
Contractor's City Business License No.
782908. C ss A & C- 12
State Contractor License No. & Class
P.O BOX 6
.x
rne
0
Street Address
Orange, CA 92856
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
?645681 2 a08/09/19 Page 4
____)z-
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By: ft
CALIFONNIA ACKl{OWLEDGME?{T ctvtl cooE 6 ll89
A notary public or other officer completing this certificateverifies only the identity of the individual who signed the document
to rvhich this ce[if]cate is attached, and not the truthfulness, accuracy, orvalidity of that document.
State of California
County of ORANGF
02 I t2020 J. DEIONGH. NOTARY PUBLIC
On before me,oo'" ,qusrrN cARvER Here lnsen Nome ondTitle olthe Officet
personally appeared
Nome(s) of Signels)
who proved to me on the basis of satisfactory evidence to be the personF) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/sheAhey executed the same in hislHtheir
authorazed capacity(ic4, and that by hiylr€tAheir signatureg on the instrument the person(s), oI the enlity
upon behalf of which the person(6) acted, executed the inslrument.
lcertify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and ofricial seal.
tr Partner - E Limited El General
o lndividual o attorney in Facl
o Trustee E Guardian or Conservator
Signature
Ploce Nolory Seol and/or Stomp Above Signotute of Nolory Public
OPTIONAL
Completing lhis inlomotion con deter ollerction of the document ot
troudulent rconochment of this totm lo on unintended document.
Description ot Attached oocument
Title or Type of Document:
Document Date Number ofPages:-
Signe(s) Other Than Named Above:
Capacity(iesl Claimed by Signe.(s)
Signer's Name:Signer's Name:
D Corporate Officet - Title(s)
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I D Partner - D Limited D General
D lndividual o Attorney in Fact
I o Trustee o Guardian or Conservator
CALITORNIA ACKNOWIEDGMENT ctvtL coDE 5 fl89
A notary public or other officer completinq this certificate verilies onlythe identity of the individualwho signed the document
to rvhich this cedificate is attached, and not the truthfulness, accurary. or validity of that document.
State ot California
County of ..IR A NG tr
02/t I /2020
On
J. DEIONGH. NOTARY PT]BLIC
belore me,ett srEvE MENDoZA Herc lnsed Nome oN f itle ol lhe Ofticel
personally appeared
Nome(s) of signels)
who proved to me on the basis of satisfactory evidence to be the persont9 whose name(g irare subscribed
to the within instrument and acknowledged to me that he/sh€Ahey executed the same in hislherltheir
authorized capacity(ies), and that by his/l€dth€* signature(s) on the instrument the personF), or the entity
upon behalf of which the person(s) acted, executed the instrument.
@m+'ilir*r,,;;,
lcertify under PENALTY OF PERJURY under the
laws of the State of California that lhe foregoing
paragraph is true and correct.
WITNESS my hand and oflicial seal.
Signature
Ploce Notory Seol ondlor stofip Above ure ot I'lotory Public
OPTIONAL
Completing this infomotion con detet olterotion of the document or
ftoudulenl reoltochment ol this fom to on unintended document.
Oescription of Attached Oocument
Title or Type of Document
Oocument Date Number of Pages:
-
Signe(s) Other Than Named Above:
Capacity(iesl Claimed by Signer(s)
Signer's Name
o Corporate Officer - Title(s)o Corporale Officer - Title(s):
O Partner - D Limited D General
tr lndividual tr Attorney in Fact
tr Trustee tr Guardian or Conservator
o Parlner - D Limited tr General
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o Trustee D Guardian or Conservalor
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Executed in Triplicate
Bond No. 30087346
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT
NOW, THEREFORE, WC R,J- NOBi,F] COMPANY AS
Principal, and Western Su Comoanv a corporation organized and existing
under the laws of the State of South Dakota , and duly authorized to transact
business under the laws of California, as Surety, are held and firmly bound unto the City
WHEREAS, the City of Menifee, County of Riverside, State of California, by minute
actionpassed-hasawardedtoR,J,NoBLECoMPANYhereinafterdesignated
as the "Principal", a Contract for construction of the CIP 20-03 coetz Road Asphalt Overlay
project together with appurtenances thereto, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a
bond for the faithful performance of said Contract.
of Menifee herein
percent (1 00o/o) of
after called the C ontractino Citv. in the
hundred fifty one thousand fou penal sum of one hundred
'Dollars ($ gsr.aza.os ;,
n tnethe amount of hllndred lwenlv
laMul money of the United Stated of America, for payment of which sum well and truly to
be made, we bind ourselves, our heirs, executors, administrators and successors, jointly
and severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION lS SUCH that, if the hereby bounded
Principal, his/hers or its heirs, executors, administrators, successors or assigns, shall in
all things stand to and abide by and well and truly keep and perform all the undertakings,
terms, covenants, conditions and agreements in said Contract and any alteration thereof,
made as therein provided all within the time and in the manner therein designated and in
all respects according to their true intent and meaning, and shall faithfully fulfill the one-
year guarantee of all materials and workmanship after final acceptance; and shall
indemnify and hold harmless the City of Menifee, its officers and agents, as therein
stipulated, then this obligation shall become null and void, otherwise it shall be and remain
in full force and virtue.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or modification of the Contract Documents or of
the work to be performed thereunder shall in any way affect its obligation on this bond,
and it does hereby waive notice of any such change, extension of time, alteration or
modification of the Contract Documents or of work to be performed thereunder.
No final settlement between the Principal and the Contractor hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
)
Notices, papers and other documents required by Chapter 2 of Title 14 ol Parl2
of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract
may be served upon Principal at this address:_
15505 E. Lincoln Av"nr",6r"ng"-, cA 92865
and upon Surety at this address:
2O2O Main Street, Suite 750, lrvine, CA 92614
lN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named on the 11th day Of February
2 O2O
The name and corporate seal of each corporate party being hereto affixed and these
presents duly signed by its undersigned representative pursuant to authority of its
governing body.
R,.I. N()BLI] CoMPANY
Principal
By Ail,**XW
Western Surety Company
Surety <E
t'yAf@1i, Attorn ey-i n-ra ct
6
By
Civil Code of the State
ACKNOWLEDGMENT
of California, Seclion 1 '188, CERTIFICATE OF
An officer taking the acknowledgment of an instrument must endors
thereto a certificate substantially in the forms hereinafter prescribed.
(rNDrvrDUAL)
State of California
County of Riverside
City of Menifee
e thereon a ttach
_, in the year 2_, before me,
, personally known to me
the basis of sati ry evidence) to be the person(s) whose name
subscribed to the within instrument and
executed the same.
hand an fficial seal.
Notary Public - State of California
personally appeared
(or proved to me on
acknowledged that
WITNESS my
SEAL
(coRPoRATrON)
State of California
County of Riverside
City of Menifee
on this r21H day of t--uBRr.lAR\
,0:0
before me, personally app eared S Il,\'1, \ll:\DOZ.\
WITNESS my hand and official seal.
SEAL
J. OE'OI|GH
ot.ry FubI. - C.tif@ni.
Cohh'iiion ,2!07r.,
d
SS
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to me (or proved to me on the basis of satisfactory evidence) to be the person who
executed the within instrument as president (or secretary) or on behalf of the corporation
therein named acknowledged to me that the corporation executed it.
tn the yeat
personally known
Notary Public
x
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ry Com6. *pn.t ft:18. lo2l
tate of California
on this
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ICI
J. DETONGII tJ
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certif icate is
attached, and not the truthfulness, accuracy, or
validity of lhat document,
State of California
County of Orange )
On FEB I I 2020 before me,Michele A. Fedoru( Notary Public
(insert name and title of the officeo
personally appeared James Scott Salandi, Attorney-in-Fact
who proved lo me on the basis of satisfactory evidence lo be the person(B) whose name(t) is/are<
subscribed to the within instrument and acknowledged to me that he/Sr,,tlury executed the same in
his/hrlo$rik authorized capacity(iesi, and that by his/hixrl${lf signature($ on the instrument the
person(r), or the entity upon behalf of which the person(r) acted, executed the i nstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WTNESS my hand and official seal IIICHELE A. FTDORUI(
Hot.ry Publl. - C.lifornla
06n8€ County
Comml!5ion # 2238042
l,ly Comm. Explr.rApr 14, 2022
Signature (Seal)
(PARTNERSHIP)
State of California
County of Riverside
City of Menifee
ay of _, in the year 2_,
before me, personally appea , personally known to
me (or proved to me on t sis of satisfactory evidence) to be the person who executed
the within instrument o behalf of the partnership and acknowledged to me that the
partnership executed
WITNESS my
SEAL
Notary Public - State of California
(ATTORNEY IN FACT)
State of California
County of Riverside
City of Menifee
SS
)
)
)
SS
On this
before me, personall ppeared , personally known to
me (or proved to on the basis of satisfactory evidence) to be the person whose name is
subscribed to th tns trument as the attorney in fact of
and ack ged to me that he/she subscribed the name of
thereto as principal, and his/her own name as attorney in
NESS my hand and official seal
SEAL
day of _, in the year _,
I Itrror: trnknown document IrcDerly name/Drror: tinknoen
do(umcnr properQ nnme.l:rror: tlnknovln documcnt
Urror: linlno*n documcnl proprrt) ni e. t:rror: t nkno*n
do(Dnenl property nanrc. a02/l l/10
Notary Public - State of California
Page I
On this
and official seal.
fact.
)
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PAYMENT BOND
(Bond for Labor and Material)
KNOWALL MEN BYTHESE PRESENTS: THAT
City of Menifee , in the County of Riverside, State of California, by
, has awarde6 19 R.J. NOBI-E COMl'ANhereinafter
WHEREAS, thE
minute action passed
designated as the "Principal," a contract for construction of the
CIP 20-03 Goetz R ad Aqnhelt Overlav project together with appurtenances
thereto, and
WHEREAS, said Principal is required to furnish a bond in connection with said
contract providing that if said principal, or any of his or its subcontractors shall fail to pay
for any materials, provisions, provender, or other supplies or equipment used in, upon, or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set
forth;
NOW, THEREFORE, we
and
R,J. NOBL!] COMPANY as Principal,
Western Suretv ComDanv as Surety, are held
and firmly bound unto the City of Menifee, hereinafter called the City, in the penal sum of
onehundredpercent(1007"joftheamountffiDollarS
($951,428.65 ), laMul money of the United States of America, for the payment of which
sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION lS SUCH THAT if said Principal, his or
its heirs, executors, administrators, successors, or assigns, shall fail to pay for any
materials, provisions, provender, rented or hired teams, implements, or machinery, or
other supplies or equipment of any kind used, in, upon, for or about the performance of
the work contracted to be done, including, but not limited to, that part of water, gas, power,
light, heat, oil, gasoline, or telephone service directly applicable to the contract, or for any
work or labor thereon of any kind, or for any amounts due under the California
Unemployment lnsurance Code with respect to such work or labor, or for any amounts
required to be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of said Principal and subcontractors pursuant
to Section 13020 of the California Unemployment lnsurance Code with respect to such
work and labor, and provided that any person, so furnishing said supplies or equipment
contributing to said work to be done, or any person who performs work or labor upon the
same, or any person who supplies both work and supplies or equipment therefore shall
have complied with the provisions of Chapter 7 of Title 15 of Part 4 of Division 3 of the
California Civil Code, as amended, or any successor thereto, then said Surety shall pay
the same in or to an amount not exceeding the amount hereinabove set forth and also
shall pay in case suit is brought upon this bond, such reasonable attorney's fees as shall
be fixed by the court.
The bond shall inure to the benefit of any and all persons, companies, and
corporations named in California Civil Code Section 318'1 , as amended, or any successor
Executed in Triplicate
Bond No. 30087346
thereto, so as to give a right of action to them or their assigns in any suit brought upon
this bond.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration, or modifications of the Contract Documents or
of the work to be performed thereunder shall in any way affect its obligations on this bond
and it does hereby waive notice of such change, extension of time, alteration, or
modification of the Contract Documents or of work to be performed thereunder.
Notices, papers and other documents required by Chapter 2 of Title 14 of Parl2
of Code of Civil Procedure, or by any other law, regulation, or requirement of the Contract
may be served upon Principal at this address
15505 E. Lincoln Avenue, Ora , cA 92865
and upon Surety at this address
2020 Main Street Suite 750 lrvine cA 92614
lN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each
of which shall for all purposes be deemed an original thereof, have been duly executed
by the Principal and Surety herein named, under penalty of perjury, on the 11th
day of February , 2020 , the name and corporate seal ofeach corporate
party being hereto affixed and these presents duly signed by its undersigned
representative pursuant to authority of its governing body.
R.J, N(')BI,E COMPANY
Principal
By ,&4n,.---x
"*r;rK;;A SI]('RITIA RY
Western Surety Com pany
Surety
By
ndi, Attorney-in-fact
Civil Code of the State of California, Section 1 188, CERTIFICATE OF
ACKNOWLEDGMENT
An officer taking the acknowledgment of an instrument must endorse reon or attach
thereto a certificate substantially in the forms hereinafter prescribed
(rNDrvlDUAL)
On this day of tn the year
2_,
before me, personally appeared , personally known to me
(or proved to me on the basis atisfactory evidence) to be the person(s) whose name
acknowledged that
subscribed to the within instrument and
executed the same.
WITN
SEAL
ESS my ha nd official seal
Notary Public - State of California
(coRPoRATrON)
State of California
County of Riverside
City of Menifee
on this rl r lr day of t-EBRt:AR\,inthey g{ l0ztt before me,
SS
)
)
)
personally appeared sll\1.\ll.\lx)r\ , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed
the within instrument as president (or secretary) or on behalf of the corporation therein
named acknowledged to me that the corporation executed it
WITNESS my hand and official seal
SEAL
J, OE]ONGF Notary
Or
ErDr.s ft: 2a, 202
J. DEION
ic - State of California
State of California )
County of Riverside ) ss.
City of Menifee )
\
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the tru thfulness, accuracy, or
valid of that document
State of California
County of Orange
On FEB I I 2020 before me,
(insert name and title of the officer)
personally appeared James Scott Salandi, Attorney-in-Fact
who proved to me on the basis of satisfactory evidence to be the person(r) whose name(t) is/.B
subscribed to the within instrument and acknowledged to me that he/Sgnftry executed the same in
his/hlrlt5h authorized capacity(i€€0, and that by his/l {Stilf signature($ on the instrument the
person(r), or the entity upon behalf of which the person(x) acled, executed the i nstrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is lrue and correct.
WTNESS my hand and official seal IIKITEL€ A. FEDORUK
Not ry Publl( - Callfornl,
Orlnlr County
Commlrrion , 2236042
liy Comr. Erpk.ttor 14, 2022
r
Signature (Seal)
,|
Michele A. Fedoruk, Notary Public
(PARTNERSHTP)
State of California
County of Riverside
City of Menifee
On this _day of , in the year 2_, before me,
personally appeared , personally known to me
(or proved to me on the
the within instrument on
satisfactory evidence) to be the person who executed
half of the partnership and acknowledged to me that the
partnership executed
WITNESS my h and official seal.
SEAL
Notary Public - State of California
(ATTORNEY rN FACT)
State of California
County of Riverside
City of Menifee
On this _ day of , in the year 2_, before me,
personally appeared , personally known to me
(or proved to me on the basis of sfactory evidence) to be the person whose name is
subscribed to this instrument e attorney in fact of
and acknowledged to at he/she subscribed the name of
thereto as principal, and his/her own name as attorney
in fact.
WITNESS m and and official seal.
SEAL
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Notary Public - State of California
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EXHIBIT A
CONTRACT DOCUMENTS
Owner-Contractor Agreement
Bid Schedule
Addenda
Plans
Special Provisions (Specifi cations)
Standard Specifications for Public Works Construction and Regional Supplements
State Standard Specifi cations
State Standard Plans
Permits issued by jurisdictional regulatory agencies
Electric, gas, telephone, and cable television company specifications and standards
290/0ltE56-000E
764s681 2 a0E109/19
Page 5
EXHIBIT B
CONTRACT PRICE
Nine Hundred Fifty One Thousand Four Hundred Twenty Eight Dollars and Sixty Five
Cents ($951,428.65)
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 ofeach such
item, as determined by the Agency.
290/031E58,0008
7645681 I a08/09/19
Page 6
The undersigned hereby proposes to furnish any and all labor, materials, and equipment for the
Goetz Road Asphalt overlay Project, CIP No. 20-03, 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
undeEtands 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)
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.
checkllst
DER.S PROPOSAI. / ADDENDA ACKNOWTEDGEMENT
SCHEDUTE FORM (BID SCHEDUTE & 8ID SUMMARY TABI.EI
ilt+1?-
fICATE REGARDING
BID SECURITY. CASHIER'S
ON.COLI.USION AFFIDAVIT
NTRACIOR'S REFERENCE I.IST
NATION OF SUBCONTRACTORS
CERTITICATE OF WORKER'S COMPENSATION INSURANCE
ENT AND SUSPENsION CERTIFICATION
RTIFICATION OF NON.DISCRIMINATION AND ATFIRMATIVE ACTION
oF rI DEPT Ot tNOUSTRIAL REIATIONS (DlRl 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.
GONTRACTO R'S UCENSE /,.-cHEcr(oR!!q!gNg /
1-2
tv
fr DESCRIPTION UNIT QW UNIT PRICE TOTAT PRICE
1
Mobilization/ Demobilization(Not
to exceed ss0,000)
L5 1 llo,r*,*bqo,o-,*
2 Public Notifications LS 1 8,900.00 8,900.00
3 lmplementation of BMP's L5 1 8,600.00 8,600.00
4 Traffic Control LS 1 42,000.00 42,000.00
5
Remove Existing Striping, Legend
& RPM'5
LS 1 8,150.00 8,150.00
6 Clearing and Grubbing LS 1 18,000.00 18,000.00
7 Adjust MH to grade EA 10 950.00 9,500.00
8 Adjust Valve covers EA 63 I 15.00 1,245.00
9 2" cold mill SF 27,8t7 0.50 r3.905.50
AC overlay (ARH M-C-PG-70-10)TON 4,O07 \'6lba l3zo,5vo.so
4" aull Depth ACiE-PG7G10l
lconlr.ctor must obtain city
approval prior to placementl
TON 276 r30.00 35,880.00
11A
]/l0 AC teveling Course (contjactor
must obtain city approval priot to
placementl
5F 10,000 0.'19 7,900.00
12 Pavement Fabric 48,490 Yoo \q6,qto.u,
13 Rolled Asphalt Curb 2,o72 t)oo It,r,tur.r,
l4 6" Asphalt curb LF 2,600 tY oo $ l$rzo,oo
15
lnstall"No Passing Zones" two
direction line per Caltrans STD. Plan
A20A, Detail 22
LF 10,995 I r,io \,r,6qq.*
15..Construct ADA curb ramp (Case
A), per city of Menifee Std.405 EA 4 t5,000.00 60,000.00
t7..
Construct ADA curb ramP
(pedestrian ramp type ll), per city
of Menifee std.406
EA 2 8,000.00 r5.000.00
BID SCHEDULE
BI
10
l1
SY
LF
1-3R
BID SCHEOUTE
BASE BID ICONTINUEOI:
I DESCRIPTION UNIT QTY UNIT PRICE TOIAT PRICE
18 lnstall ritht edge line per Caltrans
Std Plan A208, Detail2TB tF 26,7t0 t o.e,llo4a.iro
19
lnstall Chennelizing Line per
Caltrans Std Plan A20D, Oetail 38 tF 582 1.00 582.00
20
lnstall Two-way Left-turn zones
per Caltrans Std Ptan A20B detail
t2
s82 L90 I,I05.80
21
lnstall limit line per city of
Menifee Std Plan 1201
tF 498 7.00 3,486.00
22
lnstall Crosswalk per city of
Menifee Std Plan l20l LF L,340 {roo $1,1to.oo
23
Remove R4-1, W4-2 and W9-1
signs & post.L5 1 530.00 530.00
24
Install type N (CA) object maker
and post (mount height of 48")
EA 2 2 r 0.00 420.00
25
lnstall Painted Median Per
cahrens std Plan A20B Detail 29
TF 790 2.00 1,580.00
25
lnstall thermoplastic pavement
markings pe r Caltrans Std, A240
SF 661 $e .co hq,ftoso
2l lnstall 8'diagonal white lines at
2g on center
LF t,tz7 ttt.ze $r,mrs
lnstallStandard RPM's 1,195 Ssr,16,rt v
29 lnstall Elue Oot per city Std, 705
lnstall New siEn & post per citY of
Menifee Std. 817
EA 25 5.30 132.50
30 EA 72 135.00 4,020.00
31
Relocate sign on new post P€r
of Menifee Std. 8U EA 2 I10.00 220.00
BASE Br0 TOTAT PRICE (|TEM5 1-31)
L-4
tt
28 EA
Sttl6,6o,l.65
t OESCRIPTION UNIT QTY UNIT PRICE
1
Remove E{sting AC pavement
and Berm
SF 1,800 "Lump Sum"2t,600.00
2
Relocate Existing sign. lnstall sign
post per city of Menifee Std. 817
EA 2 'Lump Sum"220.00
3 Relocate Existing Mailbox EA 1 "Lump 5um"r,600.00
4 Remove eristing 8" HDP€ pipe LF 18 "Lump Sum"t,422.00
5
Construct 3"AC over 5" class ll
base
2s0 "Lump Sum"17,750.00
6
lnstall 6" Ac berm per city of
Menifee Std. 204
LF 182 "l-ump 5um"t {r5lir.oo
7 lnstall metal beam guard rail per
Caltrans sTO. 47711
TF 139 "Lump Sum"7,367.00
8 lnstall "BOX Gl-ovE" type end
piece.EA "Lump Sum'5,300.00
9 hstall 15" dla RcP pipe-Double
caged
TF 44 "Lump sum"n,880.00
10 lnstall concrete headwall per
Caltrans Std. 0-89
EA 1 "Lump 5um"5,850.00
11
lnstall 8'x9'rip-raP pad with
X-ton rock, 2.7'deep
5F 65 'Lump Sum"3,445.00
tz lnstalll.5' deep PCC concrete
channel per detail
5t 375 "Lump Sum"10,875.00
13 lnstall 3'widex 6'deep AC over
side drain
LF 10 "Lump sum"6,500.00
L4 2' Lap.loint per detail this sheet SF 400 "Lump Sum"4,400.00
5 lo\751.oD
BtD sCHEOULE
AOD]TIVE BIO'A"
PR€CISE GRADING PLAN. ENTRY S1
ADO|T|V€ 8r0 "A" TOTAT PRICE (lrEMS 1-14)
1-5
TOTAT PRICE
SY
2
BID SUMMARY TABI.E
BASE BID AND ADDITIVE BID ITEM TOTALS
(F
ts
ts Values that will be read aloud during bid opening.
provision is mede here for thc Bidder to include an addition or deduction in its bid, if it wishe$
to reflect any last-minute adjustments in prices. The addition or deduction, if made, will be
proportionatily applied to the Progrcss Payments !oE[ for the respective item in the Schedule
irf iri""s, thc-amount being addcd or deductcd for each monthly Payment. The unit prices
entcrcd in thc Schedulc ofPriccs will not bc affccted.
** provisional Base Bid item #16. This pmvision includcs all work and labor neccssary to
rcmove and dispose of all existing concretc or other material and install new PCC. Btisting
concrcte will b€ saw cut at the terminus of a complcte panel or joint to the satisfaction of lhe
Enginccr. The contractor shsll be r$ponsible for ensuring any ncwly constructed work is ADA
corioliant which mav include modifications to standard drawings to address site/location
,p".ifia irrr"s. The area to be removed may need to extend beyond the dimensions shown in
the Contract Documents or refercnce drawing(s) to provide enough transition area so all new
work placed is ADA compliant. Contractor shall investigatc each location and ensurc all
necessary work including the transitions arcas 8re included in the cost of the bid item. Bid item
also includcs up to 6in o1export and/or import. Bid item also includes the cutting back of any
1-6
s148,6os.gsBase Bid Total: (Transfer from psge l-4)
$Last Minutc Additions/Dcductions t for Bid ltem No.
-
(spcciS No.)
Base Bid Tolsl plus all Last Minute AddilioryDeductions noted prior to
lry"s,t 5;l h,,$aL s:rtl tE;5ht
this sum:
e lotwsToCf/ e;.ii,r
l;ve tuts
S l07.t 5t o0Additive Bid "A" Total: (Transfer from page l-5)
$Lrst Minute Additions/Dcductions t for Bid ltcm No.
-(spccit
No.)
Base Bid Total plus Addilive Bid "A" Total plus 8ll Last Minute
Additions/Dcductions noted prior to this sum:
(written in words) 6,a;
Co"r'Jolurflwutt e;qhP{$ry oza
t 'tLil
jv$,&i|,6E.-
(written in words)
^4
I S-;pt
':...rr.rt.r.;.r..ll
sy!!22_6b__
1:tu l:io trrrl<
--
roots. The Contractor shall pmvide the CiB with 4E hours advance nolice in writing prior to
any root trimming to confirm the limits with City St8ff. Unit co$ also includes removal,
roplacement, relocation, and/or adjustment to grade ofany public and/or private improvem€nts
during demolition and/or construction as necessary to comPlete the work, including but not
limited to, asphalt (including cold milling), landscaping, fencing imigation, utility meter
boxes, manholes, cl€anouls, survey markers of any kind, posts, and signs. If any of tlre work
installed is not ADA compliant, at the sole discrelion of the Engineer, said work shall be
immediately removed and replaced at no charge o the Ciry.
LOW BID DETERMINATION:
The low bid will be determined pursuant to Public Contract Code Scction 20103'8 (c) as the
lowest bid price on the Base Bid Total of the Bid Summary Table. lf available funding allows
for additional work, then the low bid determination will be re-evaluated as the lowest bid m the
Base Bid plus Additive Bid "A" line within the Bid Summary Table
A responsible bidder who submits the lowest bid as determined by the above method shall be
awarded the contract, if it is awarded, by the City Council. The bid bond shall be l0 percentof
Base Bid plus Additive Bid "A" line of the Bid Summary Table. In the event of a variation
betwe€n the unit price and extended total, the unit price will be used and the cofiect€d extension
will be considered as the amount bid. lf thc bid is illegiblc and cannot be reconciled it will be
considered non-rcsponsive and will not be considered for award.
The lowest responsive bidder shall bc detcrmined by comparing sum of the basc bid amount(s)
with that of all additivc or alternative bids (if any) of biddcrs deemed by the Owner to be
responsive in all other aspects. Ifequat low bids are received from responsible and responsive
bidders the selection shall be made by drawing lors, or other similar random blind method
setected 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 ro the reasonableness of any such bid shall be
final.
All bids received shall be rccorded on an abstrsct (tabulation) of bids, and then made available
for public inspection,
The quantiries listed in the bid proposal are provided to give a general indication of the scope of
the work and for the comparison oi bids. No warranty is made, cither expressed or imPlied, that
the actual quantities of work to be dons will conespond therewhh. ltem 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
sii" "nd
att existing conditions that mey affect their work and that they have read and egree.to all
the terms, condit-ions and requirements contained or referenc.ed herein and that all the
aforementioned has been included in the bid prices listed above including items ofwork that may
not have a specific pay line item and that there shall be no additional costs to ths owner.
WARNING: If an addcndum or addenda havc becn issued by the owner and not noted above
as being receivcd by the biddcr, this Bid may be rejected.
L-7
complete the following:
R,J, NOBLE COMPANY
Legal name of lhe business
CORPORATION
Euslness Type (Corporation, Paltnership, Sole Proprletor)
NiA
D8A (if any)
MICIIAEL J, CARVER, PRESIDENT
Name and title of the owncr
AUS'TIN CARVER, V.P, OF OPERATIONS KASONDRA CONZALEZ' V,P. OF MARKETINC
N.me and title ofsecond partner q s166s7 PLEASE ATTACHED COMPLIITE Ll s1'OF CORPORATE OFFICERS
I5505 E. LINCOLN AVE., ORANGE, CA 92865
gusinessAddrass
714-637-1550
Telephonenumber
7 t4-637 -6321
Fac5lmlle number
stcvemendoza@rjnoblecompany com
Email address of ptimary contact
rjnoblecompany,com
x
CompanV address
Contractor
AUSTIN CARVER. V.P. OF OPERATIONS
ov27t202o x
Oate Signature
ol2't t202t)
Date
STEVE MENDOZA, SI]CRETARY
Print name and title
(tl the P me Conttoctot ls o corporotion two signotures of coryorote ofilcers orc rcquhed')
Print name and title
1-8
L
CFRTIFICATF RFGARDING CONTNACTORIS TICEITIST
Contractoris required to possess one ofthe 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, (Eusiness 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):782908CLASSA&C-12
b. Expires on:08t31t2020
0\ 127120 x 01t27120
sis Cootrastor Date Slgnature Date
AUSTIN CARVER, V.P, OF OPERATION STEVE MENDOZA. SECRETARY
x
Print name and title Pri.t name and tltle
(f the P me Coatrocaor ls o coryorotioo two slgnotutcs of cotporcte oltlcers ote rcquircd,)
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.
1-9