2019/06/19 California Professional Engineering, Inc. CIP19-04 & 19-05, McCall Blvd & Oakhurst Ave & Murrieta Rd & Park City Ave (2)CITY OF MENIFEE BID AND CONTRACT DOCUMENTS
OWNER-CONTRACTOR AGREEMENT
CIP NO. 19-04 AND 19-05 (TRAFFIC SIGNALS AT: MCCALL BLVD & OAKHURST
AVE., AND MURRIETA RD & PARK CITY AVE)
This owner-Contractor Agreement ("Agreement") is made and entered into for the above
referenced Project by and between the City of Menifee ("Agency"). and CALIFORNIA
PROFESSIONAL ENGINEERING. INC.("Contractor"), w
939 0TT ERI}EIN AVE UNIT E.LA PUENTE. CA 9t748 o
2. CONTRACTPRICE
hose principal business address is
n the l4 dav ofJune- 2019.-l
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 fumish all the labor, services, materials andequipment necessary to construcl 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 irereto
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 mannerand to the satisfaction of the Agency. in connection with rhe clp No. 19-04 AND 19-05(TRAFFIC SIGNALS AT: MCCALL BLVD & OAKHURST AvE. AND MURRTETA AVE& PARK CITY AVE) to be construcred at various intersection within the City of Menil.ee,california. The term contract Documents shall mean this Agreement. and ali 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. gxhiuit .'a" shatt
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.
Agency hereby agrees to pay and the Contractor agrees to accept as fullcompensation for all Work
performed in accordance with these Contract Documents the Contract Pricqas 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 Documenls-
The Contractor shall complete the Work in every detail to the satisfaction ofthe Agency. exclusive
of maintenance periods, within the specilied duration set forth in the Notice to proceed.
190,01[!5lt,000ll
?6.15681 I a05 .10 19 Page I
4. DELAYS AND EXTENSIONS OF TIME
See Section 6-6 ofthe Special Provisions.
5. LABORCODEREQUIREMENTS
Pursuant to Labor Code Section I 77 L I , the Contractor and all subcontractors shall be registeredwith 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 I , 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. AUTHORIZEDAGENCYREPRESENTATIVES
on behalfofthe Agency. the city Engineer ofthe 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 desi gnees.
8. WORKERS'COMPENSATIONINSURANCE
a) By my signature hereunder. as Contractor, I certify that Iam aware ofthe 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 provisiorrs before commencing the perlormance 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 fbllowing certification:
"l 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 Agreerrent and the bidof the Contractor. then this Agreement shall control and nothing herein shalfbe considered as an
acceptance ofthe tenrs ofthe bid conflicting herewith.
:90/0:r 18511-0008
1645641 2 a05,20rlt)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 atlts office
at all reasonable times during the term of this Agreement and for three (3) years from the date offinal payment under this Agreement, for inspection by Agency and copies thereof shall befumished to Agency if requested.
II. INDEPENDENTCONTRACTOR
At all times during the term of this Agreement, Contractor shall be an independent contractor andshall not be an employee, agent, partner orjoint venturer ofthe Agency. Agency shall have theright to control Contractor insofar as the results of Contractor's services rendired pursuant to thisAgreement; 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 andapprovals of whatever nature which are legally required to practice its profesiion. Contractor
represents and warrants to Agency that Contractor shall, at its sole cost and expense, keep in efl'ect
at_all. times during the term oflhis Agreement, any licenses, permits, qualifiiations or approvalswhich 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 thelaws ofthe state ol'califomia, and the appropriate venue for any action or proceeding arising fromthis Agreement and/or the Contract Documents shall be had in the Supeiior Coun'of RivJrside,
Temecula Branch
14. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall for allpurposes be deemed to be an original.
I5. FALSE CLAIMS
contractor acknowledges that if a fhlse claim is submitted to the Agency, it may be considered
fraud and Contractor may be subject to criminal prosecution. Contractoi acknowledges that the
False Claims Act, california Govemment Code sections 12650. et seq., provides for civil penalties
where a person knowingly subrnits a false claim to a public entity. Thisi provisions include withintheir 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 recoverpenalties pursuant to the False Claims Act. it is entitled to recover its litigation costs, includingattomeys' fees. Contractor hereby acknowledges that the filing ofa false claim may the Contractorto an administrative debarment proceeding wherein Contractor may be prevented from further
bidding on public contracts for a period ofup to five (5) years.
I have read and understood all ofthe provisions ofthis Section 15, above:
290,011858-0008
?6.15681 2.0510,19 Page 3
',1 t\
(lnitial)(lnitial)
I6. ACREEMENTMODIFICATION
This Agreement and the contract Documents may not be modified orally or in any manner otherthan by an amendment in writing and signed by the Agency and the Coniractor.
IN wlrNESS wHEREoF this Agreement is executed as of the date first written above.
AGENCY: CoNTRACTOR:
City of Menifee Engineering Inc.
By:By:
,lJ
Name: VanBillZimIts: P
APPROVED AS TO FORM:By:
Name:NBy:Its:asu r
. Melchi Attorney
ATTEST:
0 [gkb
Contractor's City Business License No
anwaring, City Cl
7939071 A . c- 10. c-20
State Contractor License No. & Class
929 0 ERBEIN AVE. UNIT E
Street Address
LA PU NTE. CA 9I748
Ciry. Srate. Zip Code
lNorE: In the event the contractor is a Corporation, the signatures of two separate
persons holding different offices must be provided.l
yor
v
290,0:r1858-000E
764J681.2 a05,20, t9 Page 4
Sarah A.
MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS AND DIRECTORS
CALIFORNIA PROFESSIONAL ENGINEERING, INC.
The annual meeting of the shareholdels of the above named Califomia Corporation was duly held at the principal oflice 0f
the corporation located at 929 Otterbein Avenue, Unit E, La Puente, CA, 9i748, USA on January 2.1, 2019.
The Director present was VAN TAN NGUYEN.
President acting as Chairman, same being VAN TAN NGUYEN.
The Chanman then presented and read to the meeting a Waiver of Notice of Meetlng, subscribed by all of the Directors of
the Corporation. Upon motion duly made, il was:
Resolved, that the chairman be requesled to cause the same to be spread at length upon lhe minutes.
Resolved, that the following persons werc nominated and lhereupon elected to the position opposite their names to serve
until their successors are elected and qualified:
VAN NGUYEN, PRESIDENT
VAN NGUYEN, SECRETARY
PHUONG-THAO NGUYEN, CHTEF FtNANCIAL OFFTCER (CFO)
Resolved, that the above persons elected may sign all binding, contractual documents on behalf of the Corporation.
The President, Secretary, and Treasurer thereupon assumed theh respective offices.
The President then presented and read the minutes of the annual meeting of shareholders of this Corporation, and the
same were, on motion duly made, seconded and unanimously canial, in all aspects mllfied and adopted by this Board of
Directors.
There being no further business to come before the meeting, upon motion duly made, seconded and unanimously canied,
lhe same was adloumed.
The forego minules of Janu )1 '19 are approved
VAN NG EN, President
(corporate seal)
VAN NG
EXHIBIT A
CONTRACT DOCUMENTS
Owner-Contractor A greement
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
teo 031E58-0008
76,1568r.1a05,2019 Page 5
EXHIBIT B
CONTRACT PRICE
Not-to-Exceed Eight Hundred Fourteen Thousand Nine Hundred Thirty Five Dollars and
Zero Cents ($814,935.00)
The Contracl Price for performing all Work described in the Contract Documents, including labor,
materials, services and equipment is the total amount of all lump sum items and of all unit price
sums, determined by multiplying the unit price for each item times the actual quantity ofeach such
item, as determined by the Agency.
29'0/011858-(1008
7645681 2 a05,r0/te Page 6
Traff lc Slgnals: Mcc.ll/Oakhurst, Murrieta/park
CIP No. 19-04 rnd 19{rs
BIDDER'S PROPOSAL (conrinued)
BIDDER'S PROPOSAL
The undeRigned hereby proposes to furnish snyand all labor, materials, and equipment for the
TRATFIC S|GNALS AT: MGCALI- Bl-vD. & OA|(HURST AvE., AND MURRTETA RO. & PARK CtTy AvE.,
CIP No. 19"04 AND 19-05, and appurtenant work ln connection therewlth, said work to be done
and materials to be furnished ln stricl cor ormity with the pLns, sp€clflcalions, all other
r€fer€nced documents and all codes and regulations the prices sho$m on thls proposal.
The undersigned has examined the location of the proposed work, and is lamiliar with the plans
and speciti.ations and the local conditions at the place the work is to be done, and also
understsnds that the prolect will b€ completely construct€d in turn-key condttion acc€ptabl€ to
the Owner be for the pric€ of the proposal, includinS all fees and seles tax upon any malerials
so furnlshed. The undersigned has atso carefully checked Ell of the figures given and
understands that the Owner will be responsible for any errors or omisslons on the part ot the
undersigned in submitting this Foposal.
The Contractor conlirms that his/her bid is submitted with respect to the changes to the
contract included ln all addenda issued by the Owner.
Receipt is hereby acknowledged ofAddenda No.(s
WARNING: tt an addendum or addenda have been bsued by th! Owoer and not noted above a5 beinS
received by th€ blddcr, thk Bld may be rcJcded.
The undersign€d has examlned the current stare of california schedure of prevalllng wage rates
for th€ types of work to be done on this pro.iect and a8rees to pay not less than these rates.
R'3 PROPOSAt / AODET{DA ACXNOWTEDEMENT
ScHEDUl"E rORM (SCHEDUtEI
RTIFICITE REGANOING CONIRACTOR'S UCTNSE
ID SECUR[rY. CASHITR's CHECK OR BID BOI{D
AFFIDAVIT
REFERENCE IIST
ON OF SUBCONTRACTORS
TRACTORS CERTIFICATE OF WORI(ER's COMPENSANON INSURANCE
RMCI{T AND SUSPENSION CTRTIFICATION
N OF iION-OISCRIMIITATIOII AITO AFFIRMATIVE ACTION
copy oF cA DEproF tNDUSInnt REtAT|ONS (DtR) iEGtStRATtON.
All Bldders are REQUIRED to us€ unit prices where tndicated and to complete this schedule.All items shall be complete and in prace per plans {if applicable) and these Bid and contract
Documents.
7-2
Page 776.156E1 2 .05 20,1e
BID
ITEM Df,SCRIPTION QTY.UNIT UNlT PN,ICE
EXTENDED
ITEM
AMOUNT
1 lvlobilizalion /Demobilization I LS lSe:ls-P'r
Clearing end Grubbing: include rernoval
and dbposal of rcC and AC to th6 limits
as shown in the sonatruction documents.
LS 2€oo 2goo -3 lmplementation of BMP's t LS looo looo'cr-
4 I COoo SoOO
Remove Existing Striping, Legend 8nd
RPMS as shown on the construction
documents.
LS Itoo
6
Complote Traffic
but nol limited to
Signal System (lncluding
all work, labor, malerial,
equipmenl, utilily coordlnation, utitity work
order wori(, tEnching. lrench restoration,
removaUrepair/replacemenureloca0on of
any €xi6ting improvements or faciliues
conduil ped$tals, v8ult8, poles, borings,
rmport, €xport, tootings all electricalwork,
incidenhls End snyhing 6lse neceBsary
to installthe complate and fu y tunctional
Traffc Signal System all rn complance
wiut tha contracl docum€nts and all
rel€vant standards, codo6, and
ordinances to lhe sstiEraction ofthe
En neer
I LS 3t+-'1,\lt 3+1,llfg
7
Fumish and lnstall Pedest iao Ramp
Type I "C8se A" Per Cfty ot Menifee
Standard Plan No. 405 and Cmss gutter
per City of Menifee Standard Plan 2OO.
lnclude compaction of 8ubgrade. Match
flor,/ line elevations
4 EA 83oo 3?Zoo
8
Signing and Skiping (including RPMs;
delinBatorg, etc.) Es shown in the contract
docurnenls.lo@o
I Field Orders l_s $ 10,000.00 s r0,000.00
TOTAL 4lo.ll I
''
Traffic Slgnals: McCall/Oakhurst, Murrieta/park
CIP No. 19-04 and 1$O5
BIODER'S PROFOSAT l.ontlnued)
BID SCHEDUtE A; McCall Blvd/Oal'hu6t St.
leo 03 t858-0008
76.15681 2 a05'20 l9
7-3
Page 8
2 I
Traffic Conbol LS
5 I - !2-lSoo
,l*lo oo,J
I
BloDERS PROPOSAL (contlnu!d)
BID SCHEOULE B: Mrnhta Rd/rtsrk Ctry Av..
1-4
BID
ITEM D[,SCRITTION UNIT lII{IT PRICE
EXTENDED
ITEM
AMOTINT
Mob lization /Demobilization LS tSoo tFOo
2
Clearing and crubbingr include ramoval
and disposal of PCC and AC to the timits
as shown in the construcli on docurDenls.2soo 2s:oo'
3 lmpbmentation of BMP's LS tooo'loco
4 Tratfic Control LS 3ooo 3ooo'
5
R€mov6 Exl6ting Striping, Legend and
RPMs es shown on the construction
documants.
LS €soo
6
Traffc Signsl System (lncluding
but not limited to allwork, labor, matorial,
equipment, utility ooordination, utility work
ordsr work, fenching. trench restorstion,
removaUrepair/replacemenl/relocation of
any existinO improvements or facilities.
conduit p€d€stals, vaults, poles, borings,
import, export footjngs alt eleclricsl work,
incidentals and anything els€ nec€ssary
to installlhe complete and fully functional
Trsffc Signal Syst6m all in compllance
with the contracl documents and all
ralgvant Etandards. codes. and
ordinances to the sstisfEclioo of the
Complete
E lne'er
LS
E28,l7v.
7
urnish and lnstall Pedestrian Ramp
Type I "Case A" Per City ot Menifee
Standsrd Plsn No. 405 8nd Cross gutter
per City of Menifee Standard Plan 209.
lnclude compaction of subgrade. Match
F
existi llow line elevations
4 EA ge0u oO
3Ot2oo
8
ng and Striping (including RpMs,
delineators, etc.) as shown in the mntract
documents.
Signi
LS 7o.ocD oO20,06
I Field Orders LS s r 0,000.00 $ t0.000.00
290/01t858.00(8
761568t 2 a0J/20,19 Page 9
Traffi c Signals: Mccall/Oakhurst, Murrteta/park
CIP No. 19-04 and 19-05
QTY.
1 I
LS
I
I
Ssoo
328,te+
.,
I
TOTAL 4o+,82u "o
Trafflc SlSnals: McCall/Oakhurst, Murrieta/park
CIP No. 19"Or and 19-05
BIDDER'S PROFOSAT (continucd)
8lD sCHEDUI"E C: 8lD ALTERNATIVES
BID
rTEM DESCRIPTION QTY UNTT UNIT PRtCf,
f,XTENDED
II'AM
AMOUNT
1
Furnish and lnst8ll BOSCH Modst
Autodome lP Stsrlight 7000 HD C8mer8
and Nec€$ary Equipment
2 ItA ll,ooo 22)@;24
22rooos-
The lowest responsive bldder.haltbe determtncd by compnring 5um orthe b.re bid amount(!)A andB Additlvc or aftemativebids lll anyl arc not lnctudcd in the tuse bid.
TOTAL BID AMOUNT SCH (in numbe.3)$ zt+
""4" Al{D "B'{rn words)and
lag and Z-rJ-o C€nts
ln the event oI a varlatlon batwcen the unit prica and extended total, the unit price will be used and the
corrected extenslon wlll b€ consldered a! th€ amount bid. lf th. bld ls illeSlbleand cnnaot b2 reconciled
h wlll be consldercd hon-responjive and will not be consldered fo, award.
ff equal low blds are recelved I,om,espoEible and respoBfue blddeG the selaction shall be m.de bydrawlng lots, or other simllar random btlnd method selected by the Owner. lf onhone responslve bld is
receivad from a responsrbla brdder the award shal not be made unless the price can be determhed to
be reasonable based on an analysar by the owner. The owne/s determination as to the reaSonablenessofany such bid shallbe final.
All blds recetued shall be recordld on an abstr.ct (t.bulation) of blds, !nd th.n rnade ava[.ble for public
illspecilon.
Tte quantltles listed in the bid proposal are provided to give a general indtca on of the scope of thework and for the comparison of blds. No warranty ls mada, either axpEssad or implted, that the actualguantities of work to be done will conespond therewlth. ltem numbcrs follo\red by "(S), aredeslSn.ted .s speclalty items.
BY 3i8nint and submittint thlr bid the Contractor confirms that th.y are fnmiliar whh the wo.k slte endall exislint conditions that may aff€ct thejr work and that they havo read snd aBrae to all thc tcrms,condltion! and requir€ments contslned or refarenced hercin and that all the aforemenfloned has b€enlncludld ln the bid prlces lhted above including items ofwork that may not have a specific pay tine item
and that there shall be no addttional costs to the Owner.
1,5
Page l0
TOTAL
290101r858{00E
76456nt.2 a05/20r'li)
Cily ol Menitee
CIP l9-04, 05: Trorflc Signolr: McColl/Ookhunf, Murrleto/pork Cily
Addondum # I (8/15/20t8)
Iho lblowhg mod cotdn/cbrtaoo on ora mod. to lh. NlB.
Appendlx I - Btd Documenls:
- Reploce 8ld Schedute A wllh ths ottoched.- Redoce Btd schedute B with the ottoched,
By ordor or,
Corlos Geronimo. pE
Senlor Civll Englnaer
tt,
MENIFEE
Ncw. Battei, 86st.
29nr03 t858-00n8
7615681 2 a05,20/19 Page ll
I
I
Traffi c SiBnals: McCall/Oakhurst, Mu r.ietalPa*
CIP No. 19{4 and l9{5
Complete the following:
BIDDER'S PROPOSAT (contlnued)
Califomia Protesslonal Enginesring, lnc
[egalname of the buslness
Corporation
Euriness Typc lcorporatlon, Partnership, SoL proprletorl
N/A
OBA lifany)
Van Nguyen, PrBsident
Name andtltl€ of thc o$,nE
N/A
ilame and titk oflccond partner or officer
929 Otterb€in Ave Unit E La Pu€nt€, CA 917i+8
Businers Addrcss
6268101338
Telephone number
6268101322
Fac!lmil€ number
ineeringinc.com
Emall addreis ol primary .ont ct
https://cpe ngineeringinc.corn/
Compenyweb address
SiBnature of P Contractor Date SlEnature of Contraclor
Van Nguyon, President Van , S€creta
Prlnt nrme and tltle Prlnt n.m€ and title
(U the Pime Contructot ts o cotpototloti two stgndtutes ol ao.potute of1i.e$ oE rcqulred.)
05/01/2019
Date
190 011858,0008
76,15681 : a05,20r l')
1-6
I)aue I 2
I
I
I
Traffic Signals; MccalUOakhurst, Mur.leta/Park
CIP No, 19-04 and 1905
gIDDER'S PROPOSAL (contlnued)
CERTIFICATE REGARDING CONTRACTOR'S LICENSE
1. Contractor is required to possess one of the following State Contractor's License:
Stat€ of californla Class'A and or C-l(l" Contracto/s License
2. A failure to possess the required license, a fallure to truthfully set forth the following
informatlon, or a failure to execute this Cenlficate renders the proposal nonresponsive and
requires the Clty to reied the proposal. (Business and Professtons Code Section 7028.15)
3, Contractor de(lares, under penalty of perjury, that he possesses the required
Contractor's licens€(s) which:
Bears the li(erse number(s). 793907
onl
05/01/2019 05/01/2019
Signature ot Prlme Dat€Si8neture of Prime Date
Van Nouyen , President Van Nguyen, Secreta ry
Prlnt neme and title
(lf the kime Contructor it o cotpotoion two tignoturct of .oryorotc off'ren orc rcqutrc(t.)
This required license determination has been made by the Owner. Any Contractor holding a
different license who fecls he i5 qualified to bid on thls 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.
b.
290103 t858,0008
7645681 2 a05/20i l9
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Page I 3
a.
Prlnt name and title