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Item No. 13 - Final Contract Change Order to the Public Works Construction Agreement with Anee_2023102423304795
13)Final Contract Change Order to the Public Works Construction Agreement with Aneen Construction Inc., for the Downtown SB-821 Curb, Gutter and Sidewalk and Sumner Avenue Signing and Striping - CIP Project Z10081 Authorize the City Manager to execute the Final Contract Change Order to the Public Works Construction Agreement with Aneen Construction Inc., for $170,967.76, for Change Order No. 1 Kellogg Improvements and Change Order No. 2 Graham and Heald Improvements along with contract overages for the Downtown SB-821 Curb, Gutter and Sidewalk and Sumner Avenue Signing and Striping Project, in final form as approved by the City Attorney. 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:October 24, 2023 Subject:Final Contract Change Order to the Public Works Construction Agreement with Aneen Construction Inc., for the Downtown SB-821 Curb, Gutter and Sidewalk and Sumner Avenue Signing and Striping - CIP Project Z10081 Recommendation Authorize the City Manager to execute the Final Contract Change Order to the Public Works Construction Agreement with Aneen Construction Inc., for $170,967.76, for Change Order No. 1 Kellogg Improvements and Change Order No. 2 Graham and Heald Improvements along with contract overages for the Downtown SB-821 Curb, Gutter and Sidewalk and Sumner Avenue Signing and Striping Project, in final form as approved by the City Attorney. Background On June 13th, 2023, City Council approved an Agreement for Public Works Construction with Aneen Construction Inc., to complete improvements associated with the Downtown SB-821 Curb, Gutter and Sidewalk and Sumner Avenue Signing and Striping Project for $816,968.25 plus a 10% contingency of $81,696.82 resulting in a total of $898,665.07. This project commenced on August 2022 and is scheduled to be completed by November 2023. Discussion During construction there were various modifications made to the approved plans due to existing field conditions. These modifications are attributed to existing elevation differences and include additional retaining curbs and unforeseen significant grading which was not identified on the plans. There were driveway reconstructions which required to be modified from approved plans due to the elevation difference from the street to existing homes. Additionally, the quantities of various construction items were underestimated, for example curb & gutter and tree removals. These items totaled $ 140,300.48. After $81,696.82 contingency is applied, amount over contract is $58,664.48. In addition, staff added to the contractor’s scope the reconstruction of 1000 SF of sidewalk along Graham Ave near Kellog Street and 1010 SF of sidewalk along Kellogg plus an additional 175 LF of curb and gutter. The reconstruction work addresses ADA compliance issues and deteriorated conditions at that location which has been the subject of recent residents complains. Final Contract Change Order Aneen Construction Page 2 of 2 After completing all revisions and additional improvements, the project cost exceeded the previously approved contract amount. Staff is requesting an additional $170,967.76, which consists of $58,664.48 in adjusted quantities and field revisions and $112,303.28 in change orders for additional improvements Fiscal Impact The fiscal impact is an additional $170,967.76. The project has been programmed in the City‘s CIP budget. Attachments Attachment 1- Final Contract Change Order Exhibit A - Contract Change Order Proposal Attachment 2 - Original Agreement CONSTRUCTION CONTRACT CHANGE ORDER Date 10/24/2023 C.C.O Final 951-674-3124 130 S. MAIN STREET LAKE ELSINORE, CA 92530 WWW.LAKE-ELSINORE.ORG PROJECT NAME Downtown SB 821 Curb, Gutter, Sidewalk & Sumner Ave Signing & Striping CIP Z10081 CONTRACTOR: Aneen Construction Inc. In conformance with and as part of the existing Agreement for this project the City of Lake Elsinore authorizes and directs changes to the Agreement as described below. 1) EXTRA WORK ORDER (EWO) (Unknown or Unforeseen Work not covered by Contract) a) Extra Work Item A: Additional scope of work Graham Ave, Kellogg St. and Heald Ave per proposal. Lump Sum = $112,303.28 2) CHANGED WORK ORDER (CWO) (Significant increases in quantity of Unit-Price items; greater than 25%): a) Changed Work Item A – Field Overages Total $58,664.48 i) Time for completion will be increased/decreased by (+-) Zero (0) Working Days 3) CLOSING SUMMARY ORDER (CSO) (Final adjustment of original estimated contract quantities based on final measured quantities): a) Closing Summary Order: i) Payment for this work is paid as follows: Total = 170,967.76 AGREEMENT AMOUNT: Compensation as set forth in the Agreement and as amended by this and prior Contract Change Order(s) is: $987,936.01 Original Contract Amount: $816,968.25 Amount All Previous CCOs (+-): $0.00 Amount This CCO (+-): $170,967.76 Total Contract Amount: $987,936.01 CITY’S ACCEPTANCE: The above described work is hereby approved and directed to be completed in accordance with the Contract Documents. City of Lake Elsinore Rec.: ______________________________ City Engineer Date App.: _____________________________ City Manager Date CONTRACTOR’S ACCEPTANCE: Contractor agrees to perform the above work as directed, in accordance with the Contract Documents, and accept payment described above as full compensation for work described subject to additions and reductions of the quantities of various items. Contractor: Aneen Construction Inc._______________ By _________________________________________ Title: _______________________________________ Date: _______________________________________ 9860 Indiana Ave #18 Riverside Ca, 92503 (909)-913-3024 To: City of Lake Elsinore 130 S. Main St,Date:ACI Project No.: 23-10081 City Project No.: Z10081 September 6, 2023 Project Name: DOWNTOWN SB-821 Change Order No: 001 & 002 Lake Elsinore, Ca, 92503 Attention: Carlos Norvani RFI No.: We are submitting the enclosed: COST PROPOSAL FOR SIDEWALK, C&G AND DRIVE APPROACH ON GRAHAM/KELLOGG AND ON HEALD Plans & Procedure Shop Drawings Certifications Sample Permits Construction Work Plan RFI Submittal Resubmittal Product Data X Change Order Other: Disposition: X For Approval For Your Information Approved Approved As Noted No Action Taken Submit___ copies As Requested,Revise & Resubmit Resubmittal___ Copies For Approval Review & Comment Rejected Other: 9860 Indiana Ave #18 Riverside Ca, 92503 (909)-913-3024 Description of work: The scope of work will include, saw-cutting AC removal and disposal, fill import and grading, forming and placing concrete curb & gutter, drive approach, sidewalk and area restoration per city of Lake Elsinore standards. Cost includes all labor and material, traffic control. REQUESTED 20 WORKING DAYS Cost: #ITEM DESCRIPTION UNIT QTY UNIT TOTAL COST CCO-1 KELLOGG IMPROVEMENTS (ITEM)$68,227.28 $0.00CCO- 1A CCO- 1B Mobilization (bond, insurance), (1) Traffic control (2) LS LS LS 1 1 $0.00 $5,282.00 $7,729.00 $5.00 $5,282.00 $7,729.00 $1,125.00 $8,654.68 $12,825.00 $10,100.00 $9,600.00 $6,912.00 $6,000.00 CCO- 1C Clearing and grubbing (5)1 CCO- 1D Saw cut and remove AC pavement (7) LF 225 1CCO- 1E Grading and import (6)LS LF SF SF $8,654.68 $57.00CCO- 1F CCO- 1G CCO- 1H Curb and Gutter (type 6) (17) Sidewalk city std 210 (22) Driveway approach (21) 225 1010 640 384 1 $10.00 $15.00 CCO- 1I Sawcut remove and replace portion of SF driveway (29) $18.00 CCO- 1J Parkway restoration LS $6,000.00 Total $68,227.28 9860 Indiana Ave #18 Riverside Ca, 92503 (909)-913-3024 CCO-2 GRAHAM IMPROVEMENTS & HEALD IMPROVEMENTS CCO- 2A CCO- 2B CCO- 2C CCO- 2D Grading and import (6)LS SF SF SF SF 1 $7,476.00 $3.00 $7,476.00 $3,600.00 $5,750.00 $10,000.00 $17,250.00 Remove sidewalk (8) Remove drive approach Sidewalk (22) 1,000 1,150 1,000 1,150 $5.00 $10.00 $15.00CCO- 2E Drive approach (21) COO-2 Total Total Total $44,076.00 $68,227.28 $112,303.28 CCO-1 CONSTRUCT RESIDENTIAL DRIVEWAY-150 SF EA 1 Agreement No. __________ AGREEMENT FOR PUBLIC WORKS CONSTRUCTION Aneen Construction Inc. For the Downtown SB-821 Curb, Gutter and Sidewalk and Sumner Avenue Signing and Striping Project CIP PROJECT NO. Z10081 This Agreement for Public Works Construction (“Agreement”) is made and entered into as of June 13, 2023 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: Downtown SB-821 Curb, Gutter and Sidewalk and Sumner Avenue Signing and Striping (the “Project”) The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Dost Engineering, are identified as: Downtown SB-821 Curb, Gutter and Sidewalk and Sumner Avenue Signing and Striping 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 Eight-Hundred Sixteen Thousand, nine-hundred sixty-eight and 25/100 dollars ($816,968.25). DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD 2 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 Work. a.Contractor shall perform and complete all work within Forty (40) 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 One Thousand dollars ($1,000.00) 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. DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD 3 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 DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD 4 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. DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD 5 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). 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 DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD 6 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. DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD 7 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 Wages. 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. DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD 8 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] DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD 9 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” Aneen Construction Inc., a Corporation City Manager ATTEST: By: Tamer Khalil Its: President City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD 6/27/2023 | 9:58 AM PDT 6/27/2023 | 10:17 AM PDT 6/27/2023 | 10:25 AM PDT6/27/2023 | 10:59 AM PDT 6/27/2023 | 11:18 AM PDT EXHIBIT A CONTRACTOR’S PROPOSAL [ATTACHED] DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD B-1 CITY OF LAKE ELSINORE CIP Project NO. Z10081 INSTRUCTIONS TO BIDDERS A. QUALIFICATION OF BIDDERS 1. Competency of Bidders The Bidder shall be thoroughly competent and capable of satisfactorily performing the Work covered by the Bid. As specified in the Bid Documents, the Bidder shall furnish statements of previous experience on similar work. When requested, the Bidder shall also furnish the plan of procedure proposed; the organization, machinery, plant and other equipment available for the Work; evidence of its financial condition and resources; and any other such documentation as may be required by the City to determine if the Bidder is responsible. 2. Contractor's License At the time of submitting the Bid, the Bidder shall be licensed as a contractor in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code. The required prime contractor license class for the Work is shown in the project Notice Inviting Bids. However, the City reserves the right to award the Contract to a contractor with another class if the City determines that the license is proper for the Work. 3. Contractor Registration In compliance with SB 854, in order to bid on or enter into a contract for public work, all contractor and subcontractors must possess and maintain registration with the Department of Industrial Relations (DIR) at https://efiling.dir.ca.gov/PWCR/. Bidder and all designated subcontractors shall be registered with the Department of Industrial Relations at the time of submitting the bid pursuant to Labor Code Section 1725.5. This is a separate requirement from the Contractors State License Board licensing requirements. Bids failing to meet this requirement will be deemed nonresponsive. B. BIDDER RESPONSIBILITY A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as ability, fitness, capacity and experience to satisfactorily perform the work. Bidders are notified that, in accordance these Contract Documents, the City Council may determine whether the Bidder is responsible based upon a review of the Bidder's performance on other contracts, both within the City of Lake Elsinore and other public agencies for which the contractor has performed similar work. If, based on the provisions and criteria in these Contract Documents, the City Engineer proposes not to recommend the award of contract to the apparent low bidder, the Director shall notify the Bidder in writing of the Director’s intention to recommend to the City Council that the Council award the contract to the second lowest responsible bidder. If the Bidder presents evidence in rebuttal to the recommendation, the Director shall evaluate the merits of such evidence, and based on that evaluation, make a recommendation to the City Council. DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD B-2 CITY OF LAKE ELSINORE CIP Project NO. Z10081 C. ADDENDA TO THE CONTRACT DOCUMENTS The City may issue Addenda for any reason during the advertising period. The Bidder shall acknowledge the receipt of any Addendum in its Bid. Failure of the Bidder to do so may result in the rejection of its Bid. D. PREPARATION OF THE BID 1. Examination of Project Site, Plans and Specifications Prior to submitting a Bid, the Bidder shall examine the Project Improvement Plans and the site of proposed contract work, carefully read the Specifications and Special Provisions, and satisfy himself or herself that he or she has the abilities and resources to complete the Work. The Bidder agrees that if he or she is awarded the Contract, no claim will be made against the City based on ignorance or misunderstanding of the provisions of the Contract Documents, the nature and amount of the work, and the physical and climatic conditions of the work sites. 2. Estimated Quantities The quantities shown in the Bid Schedule are approximate only. The Contractor will be paid for the actual quantities of work installed based on field measurements. The City reserves the right to increase or decrease the amount of any item or portion of work to be performed or materials furnished, or to delete any item, in accordance with the specifications. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications be less than 75 percent or more than 125% of the Bid quantity, no adjustment to the Contract Unit Price, shall be made therefor. 3. Interpretation of the Documents Discrepancies in and omissions from the Special Provisions, the project Plans or other Contract documents, or questions as to their meaning shall, at once, be brought to the attention of the City. Any interpretation of the documents will be made only by Addenda dully issued, and a copy of such Addenda will be mailed or delivered to each person or firm who is listed by the City as having received a set of such documents. The City will not be responsible for any other explanations or interpretations. No oral agreement or conversation with any officers, employees, or agents of the City, either before or after execution of the Contract, shall affect or modify any of the terms of obligations contained in any of the documents comprising said Contract. 4. Bid Instructions and Submissions The Bid shall be submitted on the Bid Proposal forms included with the Specifications. All Bid Documents must be completed, executed and submitted with the Bid by the Bidder. It is the sole responsibility of the bidder to ensure that the bid is received in proper time through PlanetBids by the date and time hereinabove set forth. The electronic bid management system will not accept late bids. DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD B-3 CITY OF LAKE ELSINORE CIP Project NO. Z10081 Required eight (8) Bid Proposal Documents: 1) Bidder's Proposal 2) Addenda Acknowledgment 3) Contractor's Affidavit 4) Bid Bond (10%) 5) List of Subcontractors 6) References (2 pages) – Will be contacted 7) Violations of Federal or State Law 8) Disqualification or Debarment All prices submitted will be considered as including any and all sales or use taxes. In the case of discrepancy between unit bid price and total bid, the unit prices shall prevail. E. BID BOND The Bid must be accompanied by either cash, a certified or cashier's check or a surety bond (bid bond) payable to the City of Lake Elsinore. Bids must be submitted on the proposal forms furnished with these specifications. The Bid Guaranty shall be in an amount equivalent to at least 10% of the Total Contract Bid Price including any additive bid. F. NONRESPONSIVE BIDS AND BID REJECTION 1. A Bid in which the required eight (8) proposal documents are not completed, executed and submitted may be considered non-responsive and be rejected. 2. A Bid in which the Contract Unit Prices are unbalanced, which is incomplete, or which shows alteration of form or irregularities of any kind, or which contains any additions or conditional or alternate Bids that are not called for, may be considered non-responsive and be rejected. G. LIMITED NOTICE TO PROCEED WITH CONSTRUCTION Upon completion of the evaluation of Bids received (including references verified for responsiveness) and determination of lowest responsive Bidder (Contractor), the City Engineer will issue a “Limited Notice to Proceed” to Contractor with the council action of approval of intention to award. The intent of “Limited Notice to Proceed” is to allow the Contractor time to order long lead items. Upon receipt of said Notice, Contractor shall submit the items listed below in full compliance with the requirements of these specifications, within five (5) calendar days of the date of said Notice: 1) Agreement for Public Works Construction executed by Contractor 2) Faithful Performance Bond (100% of Bid) DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD B-4 CITY OF LAKE ELSINORE CIP Project NO. Z10081 3) Labor and Material Bond (100% of Bid) 4) Verification of Insurance Coverage (Certificates and Endorsements) 5) Construction or Service Contract Endorsement 6) Workers' Compensation Insurance Certificate 7) Construction-Excavation Permit Application Form (No fee is assessed for public works projects) 8) Proof of a City of Lake Elsinore Business License Should the City Council not award a contract to Contractor, Contractor shall be entitled to reimbursement for the premiums of said insurances and bonds plus a 10% administrative fee on said premiums, the payment of which by City to Contractor shall constitute full compensation for Contractor’s compliance with this section. H. AWARD OF CONTRACT The City reserves the right to reject any and all bids received and to re-advertise for bids. Further, the City Council reserves the right to take all bids under advisement for a period not-to-exceed sixty (60) days after date of opening thereof, to waive any informality or irregularity in the Bid, and to be the sole judge of the merits of material included in the respective bids received. I. Termination. City may cancel this Agreement at any time upon seven (7) days written notice to Contractor. Contractor agrees to cease all work under this Agreement on or before the effective date of such notice. In the event of termination or cancellation of this Agreement by City, due to no fault or failure of performance by Contractor, Contractor shall be paid full compensation for all services performed by Contractor, in an amount to be determined as follows: For work done in accordance with all of the terms and provisions of this Agreement, Contractor shall be paid an amount equal to the amount of services performed prior to the effective date of termination or cancellation; provided, in no event shall the amount of money paid under the foregoing provisions of this paragraph exceed the amount which would be paid Contractor for the full performance of the services required by this Agreement. J. NOTICE TO PROCEED WITH CONSTRUCTION Within fifteen (15) calendar days of award of the contract by the City Council, the City shall schedule a mandatory pre-construction meeting. During this meeting a date of the start of work will be established. This date will take into account the expected delivery date of long lead items, if any. A Notice to Proceed with Construction will then be issued directing the Contractor to commence contract work. Contractor must complete all work within forty (40) Working Days from the date of commencement of work specified in the Notice to Proceed and shall complete all contract items. Contractor shall order the long lead items immediately upon award of Contract. K. APPRENTICESHIP EMPLOYMENT STANDARDS The Contractor is directed to the provisions in Sections 1776, 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the contractor or any subcontractor under them. DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD B-5 CITY OF LAKE ELSINORE CIP Project NO. Z10081 L. PERMITS AND LICENSES The Contractor shall procure and execute all required permits, licenses, pay all charges and fees, and give all notices necessary and incidental to the completion of the Work. No fee is charged for a Construction-Excavation Permit issued by the City of Lake Elsinore for a public works project. The Contractor shall pay for and obtain a City of Lake Elsinore Business License. M. INSURANCE The Contractor shall maintain Automobile Liability, General Liability, and Workers’ Compensation Insurance as specified in the Agreement for Public Works Construction, included in the Project Specifications. N. PRE-BID INQUIRIES All questions technical, commercial, or contractual in nature shall be directed to the Q&A section on the e-Procurement System PlanetBids. No Phone Calls. Contacting the City of Lake Elsinore personnel directly regarding this bid is prohibited and may be grounds for elimination from the selection process. All questions regarding this bid must be put in writing and submitted through the e- Procurement system PlanetBids no later than 3:00 pm, May 16, 2023. DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD B-6 CITY OF LAKE ELSINORE CIP Project NO. Z10081 SECTION C BID DOCUMENTS DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD C-1 CITY OF LAKE ELSINORE CIP Project NO. Z10081 BIDDER’S PROPOSAL DOWNTOWN SB-821 CURB, GUTTER AND SIDEWALK AND SUMNER AVENUE SIGNING AND STRIPING PROJECT CIP PROJECT NO. Z10081 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: Forty (40) Working Days from Issuance of Notice to Proceed (NTP) by City to Contractor. BID SCHEDULE A-CURB, GUTTER AND SIDEWALK ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST 1 Mobilization And Project Information Sign LS 1 2 Traffic Control Plan & Implementation LS 1 3 Construction Survey And Staking LS 1 4 Storm/Non Storm Water Pollution Control And Implementation LS 1 5 Clearing & Grubbing LS 1 6 Minor/Grading Excavation LS 1 7 Sawcut And Remove Existing A.C. Pavement (8140 Sf) LF 3,766 8 Remove PCC Sidewalk SF 3,862 9 Remove AC Sidewalk SF 3,850 10 Relocate Sign EA 21 11 Relocate Mailbox EA 20 12 Relocate Chainlink Fence LF 60 13 Remove Tree Completely EA 10 14 Remove And Replace Existing 32' - CMP Storm Drain Pipe With City Provided Pipe, Connect To Existing Catch Basins LS 1 15 Sawcut & Remove Portion Of Existing Curb & Construct Gravel Pad, 3'x3' Min, W/#3 Backing LS 1 16 Construct Curb & Gutter (Type 6) 18" Wide LF 2,650 17 Construct Curb & Gutter (Type 6) 24" Wide LF 137 18 Construct Curb & Gutter (Type 6) 48" Wide LF 27 19 Construct Curb (Type 6a) And Per Plan LF 146 20 Construct Variable Height Curb 0" To 8" LF 24 21 Construct PCC Driveway Approach Per County Of Riverside Std. No. 207 SF 4,911 22 Construct Sidewalk Std. No. 210 & 213 SF 19,868 2500 1000 25000 10000 10000 5000 10000 10000 10000 10000 5000 10000 19868010 73665 2400 15 100 7300 57 7809 100 2700 50 1000 36000 2000 2000 36000 10000 65 3900 47 124550 100 2000 500 10500 3 11550 3 11586 5 18830 ANEEN CONSTRUCTION, INC. DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD C-2 CITY OF LAKE ELSINORE CIP Project NO. Z10081 23 Construct Access Ramp And Truncated Domes Per Std. No. 214A EA 2 24 Reconstruct Access Ramp And Truncated Domes Per Std. No. 214a, Existing Curb To Remain EA 3 25 Construct Access Ramp And Truncated Domes Per County Of Riverside Std. No. 403 EA 5 26 Construct Access Ramp No. 7 Per Sheet 7 And 12 Of Plans LS 1 27 Construct Cross Gutter Per County Of Riverside Std. No. 209 (6' Wide) SF 452 28 Construct HMA Transition & Dike Per Caltrans Std. No. A87b Type E, Case F LF 58 29 Sawcut, Remove And Replace Portion Of PCC Driveway SF 1,775 30 Sawcut, Remove And Replace Portion Of AC Driveway SF 398 31 Remove And Replace PCC Walkway In Kind SF 65 32 Construct 4" Asphalt Concrete (8,790 Sf) TONS 205 33 Construct 6" Agg. Base Class Ii (8,790 Sf) CY 326 34 Adjust To Grade Sewer Cleanout EA 4 35 Adjust To Grade Water Valve EA 6 36 Adjust To Grade Communication Box EA 4 37 Adjust To Grade Gas Valve EA 1 38 Adjust To Grade Electrical Riser EA 2 39 Adjust To Grade Fire Hydrant EA 3 40 Adjust To Grade Water Meter EA 6 41 Adjust To Grade Air Vac. EA 1 42 Remove Existing Wall, And Construct Garden Wall From Salvage Blocks LF 8 Schedule A Bid Price Total Bid for Bid Schedule A: (Figures*) Total Bid for Bid Schedule A: (words*) 80 200 785,664 19500 1000 1600 1000 32500 1000 18450 650 31950 2900 22600 7500 500 1000 7164 6000 3000 1000 500 800 3000 2000 26,080 6500 6500 6500 7500 50 50 18 18 10 90 13000 500 500 200 500 785,664.00 seven hundred eighty five thousand six hundred sixty four dollars and twenty five cent DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD C-3 CITY OF LAKE ELSINORE CIP Project NO. Z10081 BID SCHEDULE B- SUMNER AVENUE SIGNING AND STRIPING ITEM NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST 1 Mobilization And Project Information Sign LS 1 2 Traffic Control Plan & Implementation LS 1 3 Furnish And Install Sign And Post (R4-11) EA 14 4 Furnish And Install 2 Signs And Post (R81 And R81A/R81B) EA 7 5 Install 6" Solid White Thermoplastic Striping Per Caltrans Detail 39 LF 4,135 6 Install 6" White Thermoplastic Intersection Striping Per Caltrans Detail 39A LF 700 7 Install Thermoplastic Bike Lane And Arrow Per MUTCD Figure 9C-3-C EA 8 8 Install Thermoplastic Shared Bike Lane And Arrow Per Caltrans Standard Plan A24C EA 24 Schedule B Bid Price Total Bid for Bid Schedule B: (Figures*) Total Bid for Bid Schedule B: (words*) 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 SCHEDULES TOTAL OF UNIT PRICES FOR DOWNTOWN SB-821 CURB, GUTTER AND SIDEWALK AND SUMNER AVENUE SIGNING AND STRIPING PROJECT $ 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. eight hundred sixteen thousand nine hundred sixty eight dollars and twenty five sent 31,304.25 thirty one thousand three hundred four dollars and twenty five cents 816,968.25 31,304.25 3984 1040 1400 8890.25 2940 5600 3000 4450 3000 4450 166 130 2.0 2.15 420 400 DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD C-4 CITY OF LAKE ELSINORE CIP Project NO. Z10081 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: 1000033880 909-913-3024 9860 INDIANA AVE #18 RIVERSIDE, CA 92503 06/30/2306/30/2022 A 1004775 TAMER KHALIL, PRESIDENT05/22/23 ANEEN CONSTRUCTION, INC. DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD C-5 CITY OF LAKE ELSINORE CIP Project NO. Z10081 ACKNOWLEDGMENT OF ADDENDA RECEIVED DOWNTOWN SB-821 CURB, GUTTER AND SIDEWALK AND SUMNER AVENUE SIGNING AND STRIPING PROJECT CIP PROJECT NO. Z10081 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 PRESIDENT 05/22/23 TAMER KHALIL DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD MAY 23, 2023 PRESIDENT TAMER KHALIL DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD C-9 CITY OF LAKE ELSINORE CIP Project NO. Z10081 LIST OF SUBCONTRACTORS DOWNTOWN SB-821 CURB, GUTTER AND SIDEWALK AND SUMNER AVENUE SIGNING AND STRIPING PROJECT CIP PROJECT NO. Z10081 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. 17 Commercial Avenue Riverside, CA 92507 991122 43-50 CTI DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD C-10 CITY OF LAKE ELSINORE CIP Project NO. Z10081 REFERENCES DOWNTOWN SB-821 CURB, GUTTER AND SIDEWALK AND SUMNER AVENUE SIGNING AND STRIPING PROJECT CIP PROJECT NO. Z10081 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 ____________________ 401 e chapman ave. 714-961-0283 562-547-8555 JAN 2023 390,000 CARLOS NORVANI DRAINAGE STRUCTURE CITY OF LAKE ELSINORE PARADISE ACRES CITY OF LAKE ELSINORE 389,000OPEN ANTHONY WHOLE PARKING LOT IMPROVEMENT CITY OF HEMET SIMPSON CENTER PARKING LOT IMPROVEMENT CITY OF HEMET 645,000APRIL 2023 ALEX WHOLE PARKING LOT IMPROV CITY OF PLACENTIA MAIN ST AND CROWTHER PARKING LOT CITY OF PLACENTIA DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD C-11 CITY OF LAKE ELSINORE CIP Project NO. Z10081 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 ____________________ 760-925-8442 JAN, 23 167,000 ENRICO DEJESUS ADA IMPROVEMENT BORON AND DIVISON CREEK BORON AND DIVISON CREEK IMPROVEMENT BISHUP CALTRANS DIST 9 DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD C-12 CITY OF LAKE ELSINORE CIP Project NO. Z10081 CONTRACTOR INFORMATION DOWNTOWN SB-821 CURB, GUTTER AND SIDEWALK AND SUMNER AVENUE SIGNING AND STRIPING PROJECT CIP PROJECT NO. Z10081 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) 1004775PRESIDENTTAMER KHALIL NO N/A 06/30/252015 A1004775 DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD CITY OF LAKE ELSINORE CIP Project NO. Z10081 VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS DOWNTOWN SB-821 CURB, GUTTER AND SIDEWALK AND SUMNER AVENUE SIGNING AND STRIPING PROJECT CIP PROJECT NO. Z10081 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: _____________________________ __________ DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD CITY OF LAKE ELSINORE CIP Project NO. Z10081 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 ANEEN CONSTRUCTION, INC. PRESIDENT TAMER KHALIL 05/22/23 DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD CITY OF LAKE ELSINORE CIP Project NO. Z10081 DISQUALIFICATION OR DEBARMENT DOWNTOWN SB-821 CURB, GUTTER AND SIDEWALK AND SUMNER AVENUE SIGNING AND STRIPING PROJECT CIP PROJECT NO. Z10081 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 ANEEN CONSTRUCTION, INC PRESIDENTTAMER KHALIL DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD CITY OF LAKE ELSINORE CIP Project NO. Z10081 If the Bidder fails to properly sign or omits the required signature, the bid will be considered non-responsive and will be rejected. UTILITY AGREEMENT DOWNTOWN SB-821 CURB, GUTTER AND SIDEWALK AND SUMNER AVENUE SIGNING AND STRIPING PROJECT CIP PROJECT NO. Z10081 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. Z10081, DOWNTOWN SB-821 CURB, GUTTER AND SIDEWALK AND SUMNER AVENUE SIGNING AND STRIPING 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 ANEEN CONSTRUCTION, INC. PRESIDENT TAMER KHALIL DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD CITY OF LAKE ELSINORE CIP Project NO. Z10081 PUBLIC CONTRACT CODE DOWNTOWN SB-821 CURB, GUTTER AND SIDEWALK AND SUMNER AVENUE SIGNING AND STRIPING PROJECT CIP PROJECT NO. Z10081 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 ANEEN CONSTRUCTION, INC. 05/22/23 PRESIDENTTAMER KHALIL X X DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD 03/23/2023 Atchley & Associates Insurance Services 6864 Indiana Ave Suite 200 Riverside CA 92506 (951) 275-0340 Admiral Insurance Company Evanston Insurance Company Infinity Select Ins. Co.Aneen Construction, Inc. 9860 Indiana Avenue Unit 18 Riverside CA 92503- 24856 35378 20260 Betsy Michel certificates@atchleyins.com (000) 000-000- X X X CA000048577-01A 03/22/2023 03/22/2024 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 X X X 504-61017-6727-001C 07/07/2022 07/07/2023 1,000,000 X X GX000006346-01A 03/22/2023 03/22/2024 5,000,000 5,000,000 Contractor's Pollution Liability Deductible: $2,500 CPLMOL113549B 10/12/2022 10/12/2023 Per Occurrence $1,000,000 General Aggregate $2,000,000 Transportation Pollution $1,000,000 Project description and name Downtown SB-821 Curb, Gutter and Sidewalk & Sumner Avenue Signing and Striping CIP Project No. Z10081 AI 128363 130 South Main Street Lake Elsinore CA 92350- City of Lake Elsinore ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD CITY OF LAKE ELSINORE TO BE POSTED IN A CONSPICUOUS PLACE Business Name: Business Location: Owner Name(s): BUSINESS LICENSE NO. Issue Date:Expiration Date: BUSINESS LICENSE THIS IS YOUR LICENSE • NOT TRANSFERABLE 9860 INDIANA AVE UNIT 18 Business Type: RIVERSIDE, CA 92503-5515 ANEEN CONSTRUCTION, INC. 9938 MAGNOLIA AVE RIVERSIDE, CA 92503-3525 This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency. Administrative Services - Licensing 130 South Main Street, Lake Elsinore, CA 92530 PH (951) 674-3124 ANEEN CONSTRUCTION, INC. ANEEN CONSTRUCTION, INC. GENERAL ENGINEERING CONTRACTOR 026788 7/1/2023 6/30/2024 Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: A773F682-A688-486F-97B4-1720C7361BBD