HomeMy WebLinkAboutItem No. 07 PWCA Camino Del Norte GuardrailCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 22-136
Agenda Date: 4/12/2022 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 7)
Construction Contract Award for the Camino Del Norte Guardrail Project - CIP No. Z10030
1.Award the Public Works Construction Agreement for the Camino Del Norte Guardrail Project CIP
No. Z10030 to Aneen Construction Inc.;
2.Approve and authorize the City Manager to execute the Agreement in the amount of $252,490 to
Aneen Construction Inc. in such final form as approved by the City Attorney;
3.Authorize the City Manager to execute change orders not to exceed 10% contingency amount of
$25,249; and
4.Authorize City Clerk to record the Notice of Completion once it is determined the work is complete
and the improvements are accepted into the City maintained roadway network.
Page 1 City of Lake Elsinore Printed on 4/8/2022
Page 1 of 2
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared By: Remon Habib, City Engineer
Date: April 12, 2022
Subject: Construction Contract Award for the Camino Del Norte Guardrail Project –
CIP No. Z10032
Recommendation
1. Award the Public Works Construction Agreement for the Camino Del Norte Guardrail Project
CIP No. Z10032 to Aneen Construction Inc. Inc.; and,
2. Approve and authorize the City Manager to execute the Agreement for $252,490.00 to
Aneen Construction Inc. in such final form as approved by the City Attorney; and,
3. Authorize the City Manager to execute change orders not to exceed 10% contingency
amount of $25,249.00; and,
4. Authorize City Engineer to record the Notice of Completion once it is determined the work is
complete and the improvements are accepted into the City maintained roadway network.
Background
The project consists of one full plan set consisting of guardrail installation in Camino Del Norte
in both northbound and southbound travel lanes. There will be approximately eight guardrail
segments to be installed totaling nearly 2000 linear feet. Project limits are from Main Street to
Franklin Avenue. Installation of guardrail segments under this contract will eliminate the need for
the K-rails currently being utilized.
The project was advertised on February 2, 2022. On March 22, 2022, the bids were publicly
displayed immediately after the bid closed via the City’s electronic bidding system PlanetBids.
The low bidder is Aneen Construction Inc. at a total cost of $252,490.00.
Discussion
Contractor Bids were secured via the city’s electronic bidding portal on March 22, 2022, at 2:00
PM, results were made publicly visible. The City received four (4) bids from qualified
contractors. Staff recommends awarding the project to the apparent low bidder Aneen
Construction Inc.
Construction Contract Award for the Camino Del Norte Guardrail Project – CIP No.
Z10032
April 12, 2022
Page 2
Page 2 of 2
The bid results are summarized below:
Contractor (Bidder) Total Bid Amount
1. Aneen Construction Inc. $252,490.00
2. SB General Engineering $307,788.00
3. Danny C Hubbs Construction Inc. $347,777.00
4. Gentry General Engineering Inc. $351,864.00
Fiscal Impact
Public Works Construction Agreement will result in a cost of $252,490.00 plus an additional
10% contingency of $25,249.00. Funding for this project is allocated within the adopted CIP
Budget.
Exhibits
A. Agreement
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Agreement No. __________
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Aneen Construction , Inc.
For the
Camino Del Norte
Guardrail Project
CIP PROJECT NO. Z10030
This Agreement for Public Works Construction (“Agreement”) is made and entered into as
of May 25, 2021 by and between the City of Lake Elsinore, a municipal corporation (“City”) and
Aneen Construction Inc., a Corporation (“Contractor”).
The City and Contractor, in consideration of the mutual promises and covenants set forth
herein, agree as follows:
1. The Project and Project Documents. Contractor agrees to construct the following
public improvements (“work”) identified as:
Camino Del Norte Guardrail Project (the “Project”)
The City-approved plans for the construction of the Project, which are incorporated
herein by reference and prepared by the City of Lake Elsinore, are identified as:
Camino Del Norte Guardrail Plans
The Project Documents include this Agreement and all of the following: (1) the Notice
Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted
by the Contractor, Contract Documents, General Specifications, Special Provisions, and all
attachments and appendices; (2) everything referenced in such documents, such as
specifications, details, standard plans or drawings and appendices, including all applicable State
and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and
affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or
extending the work contemplated as may be required to insure completion in an acceptable
manner. All of the provisions of the above-listed documents are made a part of this Agreement
as though fully set forth herein.
2. Compensation.
a. For and in consideration of the payments and agreements to be made
and performed by City, Contractor agrees to construct the Project, including furnishing all
materials and performing all work required for the Project, and to fulfill all other obligations as
set forth in the Bidder’s Proposal, such contract price being two-hundred fifty two thousand, four
hundred-ninety dollars ($252,490.00).
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b. City hereby promises and agrees to employ, and does hereby employ,
Contractor to provide the materials, do the work, and fulfill the obligations according to the terms
and conditions herein contained and referred to, for the prices set forth, and hereby contracts to
pay the same at the time, in the manner, and upon the conditions set forth in the Project
Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s
Proposal as full compensation for furnishing all materials, performing all work, and fulfilling
all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and
consequences arising out of the nature of work during its progress or prior to its acceptance
including those for well and faithfully completing the work and the whole thereof in the manner
and time specified in the Project Documents; and also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the work,
suspension or discontinuance of the work, and all other unknowns or risks of any description
connected with the work.
3. Completion of W ork.
a. Contractor shall perform and complete all work within Thirty-Five (35)
working days from the date of commencement specified in the Notice to Proceed, and shall
provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment,
and all taxes, utility and transportation services required for construction of the Project.
b. All work shall be performed and completed in a good workmanlike manner
in strict accordance with the drawings, specifications and all provisions of this Agreement as
hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and
any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by
any act or omission of the City, the City Engineer, a City inspector, or a representative of any of
them, unless such act or omission actually prevents the Contractor from fully complying with the
requirements of the Project Documents, and unless the Contractor protests at the time of such
alleged prevention that the act or omission is preventing the Contractor from fully complying
with the Project Documents. Such protest shall not be effective unless reduced to writing and
filed with the City within three (3) working days of the date of occurrence of the act or omission
preventing the Contractor from fully complying with the Project Documents.
d. City and Contractor recognize that time is of the essence in the
performance of this Agreement and further agree that if the work called for under the Agreement
is not completed within the time hereinabove specified, damages will be sustained by the City
and that, it is and will be impracticable or extremely difficult to ascertain and determine the
actual amount of damages the City will sustain in the event of, and by reason of, such delay. It
is, therefore, agreed that such damages shall be presumed to be in the amount of Five Hundred
dollars ($500.00) per calendar day, and that the Contractor will pay to the City, or City may
retain from amounts otherwise payable to Contractor, such amount for each calendar day by
which the Contractor fails to complete the work, including corrective items of work, under this
Agreement within the time hereinabove specified and as adjusted by any changes to the work.
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4. Changes to Work. City and Contractor agree that the City may make changes to
the work, or suspend the work, and no matter how many changes, such changes or
suspensions are within the contemplation of the Contractor and City and will not be a basis for a
compensable delay claim against the City nor be the basis for a liquidated damage claim
against the Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed
by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and
c. The extent of the adjustment to the Schedule of Performance.
The City Engineer is authorized to sign any change order provided that sufficient
contingency funds are available in the City’s approved budget for the Project. All change in
the work authorized by the change order shall be performed under the applicable conditions
of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously
as possible the appropriate adjustments for such changes.
5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance
Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price
in the form that complies with the Project Documents and is satisfactory to the City Attorney.
6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or
obligations under this Agreement may be assigned, transferred, conveyed or otherwise
disposed of by Contractor without the prior written consent of City.
7. Licenses. Contractor represents and warrants to City that it holds the contractor’s
license or licenses set forth in the Project Documents, is registered with the Department of
Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost
and expense, keep in effect or obtain at all times during the term of this Agreement, any
licenses, permits, insurance and approvals which are legally required of Contractor to practice
its profession. Contractor shall maintain a City of Lake Elsinore business license.
8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, the County and Board Supervisors, and volunteers from
and against any and all losses, liability, claims, suits, actions, damages, and causes of action
arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation
of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by
the willful misconduct or negligent acts or omissions of Contractor or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality
or character of their work. The foregoing obligation of Contractor shall not apply when (1) the
injury, loss of life, damage to property, or violation of law arises from the sole negligence or
willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions
of Contractor or its employees, subcontractor, or agents have contributed in no part to the
injury, loss of life, damage to
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property, or violation of law. It is understood that the duty of Contractor to indemnify and hold
harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement
does not relieve Contractor from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages
whether or not such insurance policies shall have been determined to apply. By execution of
this Agreement, Contractor acknowledges and agrees to the provisions of this Section and
that it is a material element of consideration.
9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure
and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Contractor
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days
prior to such change. The insurer shall agree to waive all rights of subrogation against
City, its officers, agents, employees and volunteers for losses arising from work
performed by Contractor for City. In the event that Contractor is exempt from Worker’s
Compensation Insurance and Employer’s Liability Insurance for his/her employees in
accordance with the laws of the State of California, Contractor shall submit to the City a
Certificate of Exemption from Workers Compensation Insurance in a form approved by
the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain
commercial general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a
commercial general liability insurance form or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Required commercial general liability coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form CG
0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Contractor arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each
occurrence. Automobile liability coverage must be at least as broad as Insurance Services
Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No
endorsement may be attached limiting the coverage.
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iv. Builder’s Risk Coverage. Prior to the commencement of any
construction of the Project, Design-Builder shall obtain (or cause to be obtained) and
keep in force during the term of any construction, builder’s risk insurance insuring for all
risks of physical loss of or damage (excluding the perils of earthquake and flood).
v. Professional Liability Coverage Contractor shall maintain
professional errors and omissions liability insurance appropriate for Contractor’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Contractor’s services under this Agreement, whether such services are
provided by the Contractor or by its employees, subcontractors, or sub consultants.
The amount of this insurance shall not be less than one million dollars ($1,000,000)
on a claims-made annual aggregate basis, or a combined single limit per occurrence
basis.
b. Endorsements. Each general commercial liability and automobile liability
insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII
and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Contractor, including materials, parts
or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City may have,
shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Contractor shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
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performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
10. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Aneen Construction Inc.
Attn: Tamer Khalil
9860 Indiana Ave. # 18
Riverside, Ca 92503
11. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of agreement between the City and Contractor. All prior written and oral
communications, including correspondence, drafts, memoranda, and representations, are
superseded in total by this Agreement.
12. Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City Attorney.
13. Assignment and Subcontracting. Contractor shall be fully responsible to City for
all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations
of the Contractor under this Agreement will be permitted only with the express consent of
the City. Nothing in this Agreement shall create any contractual relationship between City and
any subcontractor nor shall it create any obligation on the part of the City to pay or to see to
the payment of any monies due to any such subcontractor other than as otherwise is required
by law.
14. Waiver. Waiver of a breach or default under this Agreement shall not constitute
a continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
15. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
16. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
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17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
18. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties
shall mutually agree upon the mediator and share the costs of mediation equally. If the parties
are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor
in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter
the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
19. Authority to Enter Agreement and Administration. Contractor has all requisite
power and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each party warrants that the individuals who have signed this Agreement have the
legal power, right, and authority to make this Agreement and to bind each respective party. The
City Manager is authorized to enter into an amendment or otherwise take action on behalf of the
City to make the following modifications to the Agreement: (a) a name change; (b) grant
extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or
terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of
the City.
20. Prohibited Interests. Contractor maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the term
of his or her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
21. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
22. Prevailing W ages.
a. Contractor and all subcontractors shall adhere to the general prevailing
rate of per diem wages as determined and as published by the State Director of the Department
of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of
these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of
Lake Elsinore and are available for review upon request.
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b. Contractor's attention is directed to the provisions of Labor Code Sections
1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these
Sections. The statutory provisions for penalties for failure to comply with the State's wage and
the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all
subcontractors to pay not less than the prevailing wage rates to all workmen employed in the
execution of the contract and specify forfeitures and penalties for failure to do so. The minimum
wages to be paid are those determined by the State Director of the Department of Industrial
Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep
accurate payroll records, specifies the contents thereof, their inspection and duplication
procedures and certain notices required of the Contractor pertaining to their location. The
statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been
awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish
electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016,
Contractor and its subcontractors must furnish electronic certified payroll records to the Labor
Commissioner without regard to when the Project was awarded to Contractor.
d. Labor Code Section 1777.5 requires Contractor or subcontractor
employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship
Committee nearest the site of the public works project, which administers the apprenticeship
program in that trade for a certificate of approval. The certificate will also fix the ratio of
apprentices to journeymen to be used in the performance of the Agreement. The Contractor is
required to make contributions to funds established for the administration of apprenticeship
programs if the Contractor employs registered apprentices or journeymen in any apprenticeable
trade and if other contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other
requirements may be obtained from the State Director of Industrial Relations or from the Division
of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful
to refuse to accept otherwise qualified employees as registered apprentices solely on the
grounds of race, religious creed, color, national origin, ancestry, sex, or age.
e. Eight hours labor constitutes a legal day's work, as set forth in Labor
Code Section 1810.
23. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date
first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
[insert Contractor name], a [insert entity type]
City Manager
ATTEST:
By: Tamer Khalil
Its: President
City Clerk
APPROVED AS TO FORM:
By: Click or tap here to enter text.
Its: Click or tap here to enter text.
City Attorney
Director of Administrative Services
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
B-6
CITY OF LAKE ELSINORE
CIP Project No. Z10030
SECTION C
BID DOCUMENTS
C-7
CITY OF LAKE ELSINORE
CIP Project No. Z10030
BIDDER’S PROPOSAL
CAMINO DEL NORTE GUARDRAIL PROJECT
CIP PROJECT NO. Z10030
Company: _________________________________________________
Honorable Mayor, Members of the Council:
In accordance with the Notice Inviting Bids pertaining to the receiving of bid proposals by the City
of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish
all Work to be performed in accordance with the Specifications, Standard Drawings, and the
Contract Documents, for the unit price or lump sum set forth in the following schedule:
Time of Completion: Thirty-Five (35) Working Days from Issuance of Notice to Proceed
(NTP) by City to Contractor.
BID SCHEDULE A
ITEM
NO. DESCRIPTION UNIT QTY
UNIT
COST
TOTAL
COST
1 MOBILIZATION, DEMOBILIZATION AND CLEANUP LS 1
2 CLEARING AND GRUBBING LS 1
3 TRAFFIC CONTROL LS 1
4 DUST ABATEMENT LS 1
5 K-RAIL REMOVAL COORDINATION L1 1
6 DELINEATOR REMOVAL EA 52
7 MIDWEST GUARDRAIL SYSTEM- TYPE 11B (STEEL POST) LF 1948
8 MIDWEST GUARDRAIL SYSTEM- TYPE 11E (STEEL POST) LF 136
9 GUARD RAILING DELINEATOR EA 102
10 END TERMINAL SYSTEM (SRT M10) EA 9
11 BACKFILL AC DIKE 4' WIDE MIN. AND COMPACT SOIL TO 90% SF 8200
TOTAL BID PRICE
Note: Estimated quantities are for the purpose of Bid comparison only; payments will be made on the basis of actual
measurement of Work completed, except for lump sum (LS) and final pay (F) quantities. (S) denotes a specialty item. The Bid Price
shall include, but not be limited to, sales tax and all other applicable taxes and fees.
All work described on the plans and in the specifications and other incidentals necessary to complete the project shall be paid under
items above. No additional payments will be allowed.
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS.
TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR
CAMINO DEL NORTE GUARDRAIL PROJECT Z10030
$
Total Bid Price in Numbers
$
Total Bid Price in Written Form
In case of discrepancy between the written price and the numerical price, the written price
shall prevail.
C-8
CITY OF LAKE ELSINORE
CIP Project No. Z10030
The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit
prices set forth herein and in case of default in executing such contract, with necessary bonds,
the check or bond accompanying this bid and the money payable thereon shall be forfeited
thereby to and remain the property of the City of Lake Elsinore.
The above unit prices include all work appurtenant to the various items as outlined in the
Specifications and all work or expense required for the satisfactory completion of said items. In
case of discrepancies between unit prices and totals, the unit prices shall govern.
The undersigned declares that it has carefully examined the Plans, Specifications, and Contract
Documents, and has investigated the site of the work and is familiar with the conditions thereon.
Contractor
Date: _______________________________ By: ___________________________________
Contractor’s State License No.: _______________________________
Class: ___________________________________________________
Department of Industrial Relations Registration No: ___________________________________
Registration Date: _________________________ Expiration Date: ______________________
Address: ____________________________________________________________________
Phone:
FAX:
C-9
CITY OF LAKE ELSINORE
CIP Project No. Z10030
ACKNOWLEDGMENT OF ADDENDA RECEIVED
CAMINO DEL NORTE GUARDRAIL PROJECT
CIP PROJECT NO. Z10030
The Bidder shall acknowledge the receipt of addenda by placing an "X" by each addendum
received.
Addendum No. 1
Addendum No. 2
Addendum No. 3
Addendum No. 4
If an addendum or addenda have been issued by the City and not noted above as being
received by the Bidder, the Bid Proposal may be rejected.
Bidder’s Signature Date
____________________________________ ____________________
Print Name Title
CITY OF LAKE ELSINORE
CIP Project No.210030
CAMINO DEL NORTE GUARDRAIL PROJECT
ctP PROJECT NO. Z1oO30
STATE OF CALTFORNTA )
couNrYoF ] t'
(NAME).TAMER KHALIL
affiant being first duly sworn, deposes and sayst
That he or she is PBESIOENT
(sole owner, partner@
ANEEN CONSTRUCTION, INC
company, association, organization, or corporation; that the gio is genuine ino not collusive orsham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in afalse or sham Bid, and has not directly or indirectly colluded, conspired, tonnived, or agreed withany.Bidder or anyone else to put in a sham Bid, oi that anyone shall refrain from bidding; that theBidder has not in any m9.nner, directly or indirectly .orgt'lt by agreement, communication, orconference with anyone to fix the bid priCe of the Biddbr or a"ny other gidoer, oito fix any overhead,profit, or cost element of the bid price, or of that of any othei Bidoer, or to secure any advantageagainst the public body awarding the Contract of anyone interested in the proposed Contract; thatall statements contained in the Bid are true; and, furth"er, that the Bidder has not,'direcfly or indirecfly,submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulgedinformation or data relative thereto, or paid, and will not pay, any fee to any .orpor"tion, partnership,company associations, organization, bid depository, or to iny member o1" ig"ni thereof to effectuatea collusive or sham Bid. (public contract code section 7t06)
Address:9860 INDIANAAVE. #18 RIVERSIDE, CA 92503
Telephone No.:909-91 3-3024
Print Name:
Signature:
Title:PRESIDENT Date: _ uaacn-l$zozz
Non'Collusion Affidavit must be accompanied by notary certificates for signature. Notethe description of the document on _t_h9 notary certificate. eitactr noiarv certificateir.nmediatelY followinq this oaqe. tf the Bidder faiti to properly sign or omits the requiredsignature, the bid will be considered non-responsive and will be re]ecteo.
c-10
CALI FORN IA CERTI FICATE OF ACKNOWLEDGMENT
A notarv public or other officer comoletino this certificate verifies onlv the identitv of
the individual who signed the document tlo which this certificate is attached, andhot
the truthfulness, accu-racy, or validity of that document.
)
)
before me,
State of Cali
County of
On
who proved to me on the basis of satisfactory evidence to be the pglpnclwhor"_nur"G) is/are subscribed to
the within instrument and acknowledged to me that he/s[e/they executed the same in-bjslher/their
authorized capacity(ies). and that by frisffrerltneir signatu6on the instrument the-@_E)r or the entity
uponbehalf of wl5-khthgpersonG)aEieTilecutedtflinstrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
personauyappeared'IYT(["V fUWel(
WITNESS my
Signature
(Seal)
coMM. #2290617
Notary Public ' Calilornia
Riverside
Optional lnformation
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority islare as:
E tndividual(s)
I Attorney-in-Fact
n CorporateOffice(s)
Title(s)
E Guardian/Conservator
! Partner - Limited/General
I Trustee(s)
E other:
rep rese ntin g:
Name(s) of Person(s) or Entity(ies) Signer is Representing
Method of Signer ldentification
Proved to me on the basis of satisfactory evidence:
Q formG) of identification O credible witness(es)
Notarial event is detailed in notary journal on:
Page # Entry #
Notary contact:
Other
E Additional Signe(s)
tr
E Signe(s) Thumbprint(s)
C-13
CITY OF LAKE ELSINORE
CIP Project No. Z10030
LIST OF SUBCONTRACTORS
CAMINO DEL NORTE GUARDRAIL PROJECT
CIP PROJECT NO. Z10030
The bidder is required to fill in the following blanks in accordance with the provisions of the
Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the
Government Code of the State of California) and should familiarize itself with Sections 2-3 of the
Standard Specifications.
Name Under Which Subcontractor is Licensed: ______________________________________
____________________________________________________________________________
License Number: _______________________
Address of Office, Mill or Shop: ___________________________________________________
Specific Description of Sub-Contract: and Bid Items of Work:____________________________
____________________________________________________________________________
Name Under Which Subcontractor is Licensed: ______________________________________
____________________________________________________________________________
License Number: _______________________
Address of Office, Mill or Shop: ___________________________________________________
Specific Description of Sub-Contract: and Bid Items of Work ____________________________
____________________________________________________________________________
Name Under Which Subcontractor is Licensed: ______________________________________
____________________________________________________________________________
License Number: _______________________
Address of Office, Mill or Shop: ___________________________________________________
Specific Description of Sub-Contract: and Bid Items of Work:____________________________
____________________________________________________________________________
Name Under Which Subcontractor is Licensed: ______________________________________
____________________________________________________________________________
License Number: _______________________
Address of Office, Mill or Shop: ___________________________________________________
Specific Description of Sub-Contract: and Bid Items of Work:____________________________
____________________________________________________________________________
Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed
under the laws of the State of California for the type of work that they are to perform. Do not list
alternate subcontractors for the same work.
C-14
CITY OF LAKE ELSINORE
CIP Project No. Z10030
REFERENCES
CAMINO DEL NORTE GUARDRAIL PROJECT
CIP PROJECT NO. Z10030
Failure to demonstrate adequate experience may result in rejection of the bid.
For all public agency projects with a similar scope of work which you have worked on (or are
currently working on) in the past two (2) years, provide the following required information:
1. Name (Firm/Agency) ________________________________________________
Address __________________________________________________________
Project Title ________________________________________________________
Project Location_____________________________________________________
Type of Work ______________________________________________________
Project Manager Contact ____________________ Phone____________________
Dated Completed _______________ Contract Amount ____________________
2. Name (Firm/Agency) ________________________________________________
Address __________________________________________________________
Project Title ________________________________________________________
Project Location_____________________________________________________
Type of Work ______________________________________________________
Project Manager Contact ____________________ Phone____________________
Dated Completed _______________ Contract Amount ____________________
3. Name (Firm/Agency) ________________________________________________
Address __________________________________________________________
Project Title ________________________________________________________
Project Location_____________________________________________________
Type of Work ______________________________________________________
Project Manager Contact ____________________ Phone____________________
Dated Completed _______________ Contract Amount ____________________
C-15
CITY OF LAKE ELSINORE
CIP Project No. Z10030
List any other projects (private, older than three (3) years, etc.) that may represent qualifying or
similar experience:
4. Name (Firm/Agency) ________________________________________________
Address __________________________________________________________
Project Title ________________________________________________________
Project Location_____________________________________________________
Type of Work ______________________________________________________
Project Manager Contact ____________________ Phone____________________
Dated Completed _______________ Contract Amount _____________________
5. Name (Firm/Agency) ________________________________________________
Address __________________________________________________________
Project Title ________________________________________________________
Project Location_____________________________________________________
Type of Work ______________________________________________________
Project Manager Contact ____________________ Phone____________________
Dated Completed _______________ Contract Amount ____________________
6. Name (Firm/Agency) ________________________________________________
Address __________________________________________________________
Project Title ________________________________________________________
Project Location_____________________________________________________
Type of Work ______________________________________________________
Project Manager Contact ____________________ Phone____________________
Dated Completed _______________ Contract Amount ____________________
C-16
CITY OF LAKE ELSINORE
CIP Project No. Z10030
CONTRACTOR INFORMATION
CAMINO DEL NORTE GUARDRAIL PROJECT
CIP PROJECT NO. Z10030
Contractor’s License No.: ______________________ Class: _____________________
a. Date first obtained: __________________________ Expiration _____________
b. Has Bidder’s License ever been suspended or revoked? ________________
If yes, describe when and why: _____________________________________________
c. Any current claims against License or Bond? _________________
If yes, describe claims: ___________________________________________________
Principals in Company (List all – attach additional sheets if necessary):
NAME TITLE LICENSE NO.
(If Applicable)
C-17
CITY OF LAKE ELSINORE
CIP Project No. Z10030
VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS
CAMINO DEL NORTE GUARDRAIL PROJECT
CIP PROJECT NO. Z10030
1. Has your firm or its officers been assessed any penalties by an agency for noncompliance
or violations of Federal, State or Local labor laws and/or business or licensing regulations
within the past five (5) years relating to your construction projects?
YES / NO (circle one)
Federal / State / Local (circle one)
If “YES,” identify and describe, (including agency and status):
Have the penalties been paid? YES / NO (circle one)
2. Does your firm or its officers have any ongoing investigations by any public agency
regarding violations of the State Labor Code, California Business and Professions Code or
State Licensing Laws?
YES / NO (circle one)
Code/Laws:
Section/Article:
If “yes,” identify and describe, (including agency and status):
3. Has Bidder been “default terminated” by an owner (other than for convenience), or has a
Surety completed a contract for Bidder within the last five (5) years?
YES / NO (circle one)
If “yes,” please explain: _____________________________
4. Has Bidder been cited more than twice for failure to pay prevailing wages in the last five (5)
years?
YES / NO (circle one)
If “yes,” please explain: _____________________________
C-18
CITY OF LAKE ELSINORE
CIP Project No. Z10030
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Certification.
Signature Date
Print Name Title
__________________________________________________________
Contractor Name
C-19
CITY OF LAKE ELSINORE
CIP Project No. Z10030
DISQUALIFICATION OR DEBARMENT
CAMINO DEL NORTE GUARDRAIL PROJECT
CIP PROJECT NO. Z10030
Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm
ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or
completing a federal, state or local project because of a violation of law or a safety regulation?
YES / NO (circle one)
If yes, provide the following information (if more than once, use separate sheets):
Date: _______________ Entity:
Location:
Reason:
Provide Status and any Supplemental Statement: _____
Has your firm been reinstated by this entity?
YES / NO (circle one)
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Certification.
Signature Date
Print Name Title
Contractor Name
If the Bidder fails to properly sign or omits the required signature, the bid will be considered
non-responsive and will be rejected.
C-20
CITY OF LAKE ELSINORE
CIP Project No. Z10030
UTILITY AGREEMENT
CAMINO DEL NORTE GUARDRAIL PROJECT
CIP PROJECT NO. Z10030
HONORABLE MAYOR AND CITY COUNCIL
CITY OF LAKE ELSINORE, CALIFORNIA
The undersigned hereby promises and agrees that in the performance of the work specified
in this contract for Project No. Z10030, CAMINO DEL NORTE GUARDRAIL PROJECT, (I)
(we) (it) will employ and utilize only qualified persons, as hereinafter defined, to work in
proximity to any electrical secondary, primary or transmission facilities. The term “Qualified
person” is defined in Title 8, California Administrative code, Section 2700, as follows:
Qualified Person: A person who by reason of experience or instruction, is familiar
with the operation to be performed and the hazards involved.”
The undersigned also promises and agrees that all such work shall be performed in
accordance with all applicable electrical utility company’s requirements, Public Utility
Commission orders, and State of California Cal-OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are
binding upon any subcontractor or subcontractors that may be retained or employed by the
undersigned, and that the undersigned shall take steps as are necessary to assure
compliance by any said subcontractor or subcontractors with the requirements contained
herein.
Signature
By:
Name
Title
Contractor Name
C-21
CITY OF LAKE ELSINORE
CIP Project No. Z10030
PUBLIC CONTRACT CODE
CAMINO DEL NORTE GUARDRAIL PROJECT
CIP PROJECT NO. Z10030
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1 (Chapter 376, State. 1985), the bidder
hereby declares under penalty of perjury under the laws of the State of California that the bidder has
__ , has not ________ been convicted within the preceding three years of any offenses
referred to in that section, including any charge of fraud, bribery, collusion conspiracy, or any other
act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or
performance of, any public works contract, as defined in Public Contract Code Section 1101, with
any public entity, as defined in Public Contract Code Section 1100, including the Regents of the
University of California or the Trustees of the California State University. The term “bidder” is
understood to include any partner, member, officer, director, responsible managing officer, or
responsible managing employee thereof, as referred to in Section 10285.1.
Note: The bidder must place a check mark after “has” or “has not” in one of the blank spaces
provided. The above Statement is part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Statement. Bidders are
cautioned that making a false certification may subject the certifier to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty
of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest
in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or
completing a federal, state, or local government project because of a violation of law or a safety
regulation:
Yes No
If the answer is yes, explain the circumstances in the following space.
Public Contract Code 10232 Statement
In accordance with Public Contract Code Section 10232, the Contractor, hereby states under penalty
of perjury, that no more than one final unappealable finding of contempt of court by a federal
court has been issued against the Contractor within the immediate preceding two-year period
because of the Contractor’s failure to comply with an order of federal court which orders the
Contractor to comply with an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders
are cautioned that making a false certification may subject the certifier to criminal prosecution.
Signature Date
Print Name Title
Contractor Name
EXHIBIT B