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HomeMy WebLinkAboutAGENDA REPORT 2021 0901 CCSA REG ITEM 10ICITY OF MOORPARK, CALIFORNIA City Council Meeting of September 1, 2021 ACTION APPROVED STAFF RECOMMENDATION. BY B. Garza. I. Consider Award of Contract to FS Contractors, Inc. for the 2021 Sidewalk Rehabilitation Project (Project No. M0050). Staff Recommendation: Award construction contract to FS Contractors, Inc. and authorize the City Manager to execute a construction contract in the amount of $220,001.00, plus a 10% project contingency amount of $22,000.10, for a total contract amount of $242,001.10. (Staff: Daniel Kim, City Engineer/Public Works Director) Item: 10.I. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Daniel Kim, City Engineer/Public Works Director DATE: 09/01/2021 Regular Meeting SUBJECT: Consider Award of Contract to FS Contractors, Inc. for the 2021 Sidewalk Rehabilitation Project (Project No. M0050) BACKGROUND On April 29, 2020, the City Council authorized staff to allocate remaining funds on hand from transactions associated with the Tax Allocation Bonds issued in 2006 to undertake Capital Improvement Projects that benefited the former Redevelopment Agency Project Area (Attachment 1). One of the approved and appropriated project allocations included: Project Description Amount Sidewalk Rehabilitation for RDA Project Area – Infrastructures $273,324 Staff has taken an inventory of sidewalk locations in the Project Area that are in need of rehabilitation and prepared Design Specifications and Bid Documents for the construction of the sidewalk improvements. Attachment 2 provides the sidewalk locations that are recommended for rehabilitation. On June 2, 2021, the City Council approved the Design Specifications for the 2021 Sidewalk Rehabilitation Project and authorized staff to advertise the project to obtain construction bids. The proposed scope of work will consist of approximately 14,000 square feet of concrete sidewalk replacement and 500 lineal feet of curb and gutter replacement. DISCUSSION A public Notice Inviting Sealed Bids was published on July 1 and 8, 2021 with a bid opening date on July 30, 2021. Staff received nine construction bids: Item: 10.I. 1010 Honorable City Council 09/01/2021 Regular Meeting Page 2 Contractor Bid Amount R.C. Becker and Son, Inc. $286,994.43 Toro Enterprises, Inc. $376,776.00 Cerco Engineering $288,000.01 Richards Construction $411,661.00 Martinez Concrete, Inc. $298,500.10 Dash Construction Company, Inc. $382,731.00 DOD Construction $337,001.00 Central Coast Engineering $272,501.00 FS Contractors, Inc. $220,001.00 The lowest responsible and responsive bidder was FS Contractors, Inc., located in Sylmar, California. FS Contractors, Inc. previously worked on the Tierra Rejada Road Streetscape Renovation Project, for the Parks, Recreation, & Community Services Department. The current, and evolving, effects from the COVID-19 pandemic will be considered when scheduling and executing the construction contract. Staff is aware that on street parking within the Redevelopment Agency Project Area neighborhoods is an ongoing concern, and any work related to the street rehabilitation may negatively impact residents. Advance notice will be provided to the affected residents to move their vehicles prior to the commencement of construction each workday. FISCAL IMPACT Sufficient funding is included in the FY 2021/22 Adopted Budget Capital Improvement Program (CIP M0050) with a budget appropriation of $273,324. The funding source used is Fund 3005 – Remaining Bond Proceeds. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Award construction contract to FS Contractors, Inc. and authorize the City Manager to execute a construction contract in the amount of $220,001.00, plus a 10% project contingency amount of $22,000.10, for a total contract amount of $242,001.10. Attachment 1: Redevelopment Agency Project Area Attachment 2: Sidewalk Locations (Appendix D, Specification No. MPK 21-01) Attachment 3: Draft Agreement – FS Contractors, Inc. 1011 Moorpark Redevelopment Project Implementation Plan 2010-2014 6 Figure 1 – Project Area MapATTACHMENT 11012 Street Name Address No./Location Street Name Avenida Colonia 14490 High Street 313 Bard Street 337 313 350 325 Charles Street 137 325 148 349 184 349.5 229 415 450 Millard Street 89 445 159 Diablo Avenue 650 Poindexter Avenue 165 651 5560‐B Dorothy Avenue 256 11910 320 Princeton Avenue 157' NE of spring road 332 193' NE of spring road 334 226' NE of spring road 348 Roberts Avenue 319 436 368 447 411 467 Ruth Avenue 285 Esther Avenue 251 Sarah Avenue 255 278 269 330 312 463 328 First Street 80 337 Harry Street 350 342 High Street 179 349 179 358 179 359 17 372 75 394 105 413 105 423 105 435 165 447 165 448 165 Second Street 65 179 137 179 436 179 Shasta Avenue 70 197 113 255 163 255 188 313 220 313 237 Appendix D ‐ Locations Sidewalk Remove and Replace 2021 Sidewalk Rehabilitation Project ATTACHMENT 2 Specification No. MPK 21‐01 Address No./Location 1013 Specification No. MPK 21‐01 Street Name Address No./Location Street Name Address No./Location Shasta Avenue 250 Charles Street 184 263 Charles Street NE corner/Bard Street 387 High Street 17 463 184 Sherman Avenue 239 75 367 105 Sierra Avenue 148 105 180 105 187 165 488 165 648 165 Spring Road 111' NE of LA Avenue 179 502‐588 179 Susan Avenue 283 179 292 197 312 255 328 255 341 313 357 313 382 313 447 313 448 325 Third Street 97 325 137 349 Virginia Colony Avenue 14395 349.5 Walnut Street 702 415 760 415 Whitney Avenue 163 210 290 312 Curb and Gutter Remove and Replace Appendix D ‐ Locations Sidewalk Remove and Replace 2021 Sidewalk Rehabilitation Project1014 AGREEMENT BETWEEN THE CITY OF MOORPARK AND FS CONTRACTORS, INC., FOR THE 2021 SIDEWALK REHABILITATION PROJECT (M0050), SPECIFICATION NO. MPK 21-01 THIS AGREEMENT, executed as of this ____ day of _____________________, 2021, between the City of Moorpark, a municipal corporation (“City”) and FS Contractors, Inc., a private corporation (“Contractor”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: WHEREAS, City has the need for construction services related to sidewalk repair and rehabilitation; and WHEREAS, Contractor specializes in providing such services and has the proper work experience, certifications, and background to carry out the duties involved; and WHEREAS, on September 1, 2021, the City Council of the City of Moorpark authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public Contract Code Section 20160, et seq. NOW, THEREFORE, in consideration of the mutual covenants, benefits, and premises herein stated, the parties hereto agree as follows: 1. TERM The term of the Agreement shall be from the date of execution until completion of the work identified in the Scope of Services and in conformance with Exhibit C, unless this Agreement is terminated or suspended consistent with Section 6 of this Agreement. 2. SCOPE OF SERVICES City does hereby retain Contractor in a contractual capacity to provide construction services related to sidewalk repair and rehabilitation, as set forth in Exhibit C: Contractor’s Bid Proposal, dated July 30, 2021, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the “Proposal” and as set forth in Exhibit C, which include (i) Standard Specifications; (ii) Special Provisions; (iii) Workers’ Compensation Insurance Certificate (Labor Code 1860 and 1861); (iv) Payment and Performance Bonds; and (v) Insurance Certificate for General Liability and Automobile Liability, attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as Exhibit C. Where said Scope of Services as set forth in Exhibit C is modified by this Agreement, or in the event there is a conflict between the provisions of said Scope of Services and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit C and Specification No. MPK 21-01. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit C. 1015 FS Contractors, Inc. Page 2 of 50 Compensation for the services to be performed by Contractor shall be in accordance with Exhibit C. Compensation shall not exceed the rates or total value of Two Hundred Twenty Thousand One Dollars ($220,001.00) as stated in Exhibit C, plus a ten percent (10%) contingency of Twenty-Two Thousand Dollars and Ten Cents ($22,000.10), for a total contract value of Two Hundred Forty-Two Thousand One Dollars and Ten Cents ($242,001.10), without a written amendment to the agreement executed by both parties. Payment by City to Contractor shall be as referred to in this Agreement. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor’s compliance with (a) and (b) and Contractor shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. 3. PERFORMANCE Contractor shall at all times faithfully, competently, and to the best of Contractor’s ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. MANAGEMENT The individual directly responsible for Contractor’s overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between City and Contractor shall be Jose Angel Fierros, and no other individual may be substituted without the prior written approval of the City Manager. The City’s contact person in charge of administration of this Agreement, and to serve as principal liaison between Contractor and City, shall be the City Manager or the City Manager’s designee. 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibit C, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above 1016 FS Contractors, Inc. Page 3 of 50 tasks. This amount shall not exceed Two Hundred Twenty Thousand One Dollars ($220,001.00), plus a ten percent (10%) contingency of Twenty-Two Thousand Dollars and Ten Cents ($22,000.10), for a total contract value of Two Hundred Forty-Two Thousand One Dollars and Ten Cents ($242,001.10), for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any additional services rendered in connection with its performance of this Agreement, unless such additional services and compensation are authorized, in advance, in a written amendment to this Agreement executed by both parties. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor’s fees it shall give written notice to Contractor within thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall provide appropriate documentation, as determined by the City, for all reimbursable expenses. 6. TERMINATION OR SUSPENSION WITHOUT CAUSE The City may at any time, for any reason, with or without cause, suspend, or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. The Contractor may terminate this Agreement only by providing City with written notice no less than thirty (30) days in advance of such termination. In the event of such termination, Contractor shall be compensated for such services up to the date of termination. Such compensation for work in progress shall be prorated as to the percentage of progress completed at the date of termination. If the City Manager or the City Manager’s designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, the City may proceed in the manner set forth in Section 6-4 of the Greenbook. 7. DEFAULT OF CONTRACTOR The Contractor’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes 1017 FS Contractors, Inc. Page 4 of 50 beyond the Contractor’s control, and without fault or negligence of the Contractor, it shall not be considered a default. If the City Manager or the City Manager’s designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Contractor a written notice of the default. The Contractor shall have five (5) working days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. LIQUIDATED DAMAGES If the Contractor fails to complete the work, or any portion thereof, within the time period required by this Agreement or as duly extended in writing by the City Manager, Contractor shall forfeit and pay to the City, as liquidated damages, the sum of One Thousand dollars ($1,000.00) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. Liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this Agreement [Government Code Sec. 53069.85]. Progress payments made by the City after the above specified completion date shall not constitute a waiver of liquidated damages by the City. 9. OWNERSHIP OF DOCUMENTS Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Notification of audit shall be provided at least thirty (30) days before any such audit is conducted. Such records, together with supporting documents, shall be maintained for a period of ten (10) years after receipt of final payment. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files, Contractor shall make available to the City, at the Contractor’s office and upon reasonable written request by the City, the 1018 FS Contractors, Inc. Page 5 of 50 necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 10. INDEMNIFICATION AND HOLD HARMLESS Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsels’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the state of California and will survive termination of this Agreement. Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this Section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 1019 FS Contractors, Inc. Page 6 of 50 This obligation to indemnify and defend City as set forth here is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or Section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, City may release such funds if the Contractor provides City with reasonable assurance of protection of the Indemnitees’ interests. City shall, in its sole discretion, determine whether such assurances are reasonable. 11. INSURANCE Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full. 12. INDEPENDENT CONTRACTOR Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of local, state, and federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations, including but not limited to the Americans with Disabilities Act and Occupational Safety and Health Administration laws and regulations. The City and Contractor shall comply with Exhibit B, California Public Contract Code Section 9204, when applicable. The City, and its officers and 1020 FS Contractors, Inc. Page 7 of 50 employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section. 14. ANTI DISCRIMINATION Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in employment of persons upon the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of such person; or any other basis protected by applicable federal, state, or local law, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section, if applicable [Labor Code Section 1735]. 15. UNDUE INFLUENCE Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City will receive compensation, directly or indirectly from Contractor, or any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity. 16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement. 17. CONFLICT OF INTEREST Contractor covenants that neither they nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, they shall employ no person having such interest as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services directly or indirectly, with the developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, now or within the past one (1) year, and further covenants and agrees that Contractor and/or its subcontractors shall provide no service or enter into any contract with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public 1021 FS Contractors, Inc. Page 8 of 50 agency(ies) owning property and/or processing an entitlement application for property in the City or its Area of Interest, while under contract with the City and for a one (1) year time period following termination of this Agreement. 18. NOTICE Any notice to be given pursuant to this Agreement shall be in writing, and all such notices and any other document to be delivered shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the party for whom intended as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 To: Jose Angel Fierros, President FS Contractors, Inc. 14838 Bledsoe Street Sylmar, CA 91342 Either party may, from time to time, by written notice to the other, designate a different address or contact person, which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the third (3rd) day after deposit in the United States mail. 19. CHANGE IN NAME Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected in the Agreement documents. 20. ASSIGNMENT Contractor shall not assign this Agreement or any of the rights, duties, or obligations hereunder. It is understood and acknowledged by the parties that Contractor is uniquely qualified to perform the services provided for in this Agreement. 21. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services in this Agreement. 22. VENUE AND GOVERNING LAW 1022 FS Contractors, Inc. Page 9 of 50 This Agreement is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions, or covenants referred to herein shall be filed in the applicable court in Ventura County, California. The City and Contractor understand and agree that the laws of the state of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. 24. CAPTIONS OR HEADINGS The captions and headings of the various Articles, Paragraphs, Sections, and Exhibits of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles, Paragraphs, Sections, and Exhibits hereof. 25. AMENDMENTS Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by both parties to this Agreement. 26. TIME OF COMPLETION City and Contractor agree that time is of the essence in this Agreement. City and Contractor further agree that Contractor’s failure to perform on or at the times set forth in this Agreement will damage and injure City, but the extent of such damage and injury is difficult or speculative to ascertain. Consequently, City and Contractor agree that any failure to perform by Contractor at or within the times set forth herein shall result in liquidated damages as defined in this Agreement for each and every day such performance is late. City and Contractor agree that such sum is reasonable and fair. Furthermore, City and Contractor agree that this Agreement is subject to Government Code Section 53069.85 and that each party hereto is familiar with and understands the obligations of said Section of the Government Code. 27. PRECEDENCE Contractor is bound by the contents of City’s Bid Package and Proposal, Exhibit C attached hereto and incorporated herein by this reference as though set forth in full. 1023 FS Contractors, Inc. Page 10 of 50 In the event of conflict, the requirements of the City’s Bid Package and this Agreement shall take precedence over those contained in the Proposal. 28. INTERPRETATION OF AGREEMENT Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 29. WAIVER No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver. 30. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK FS CONTRACTORS, INC. _____________________________ _____________________________ Troy Brown, City Manager Jose Angel Fierros, President Attest: _____________________________ Ky Spangler, City Clerk 1024 FS Contractors, Inc. Page 11 of 50 EXHIBIT A INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, it will be amended to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $5,000,000 per occurrence for all covered losses and no less than $10,000,000 general aggregate. Contractor’s policy shall contain no endorsements limiting coverage beyond the basic policy coverage grant for any of the following: a. Explosion, collapse or underground hazard (XCU) b. Products and completed operations c. Pollution liability d. Contractual liability Coverage shall be applicable to City for injury to employees of contractors, subcontractors, or others involved in the project. Policy shall be endorsed to provide a separate limit applicable to this project. Workers’ Compensation Workers’ Compensation insurance shall be provided on a state-approved policy form providing statutory benefits as required by law with employers’ liability limits no less than $1,000,000 per accident for all covered losses. 1025 FS Contractors, Inc. Page 12 of 50 Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Excess or Umbrella Liability Excess or Umbrella Liability insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of contractor, subcontractors, or others involved in the Work. The scope of coverage provided is subject to the approval of city following receipt of proof of insurance as required herein. Limits are subject to review. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with A.M. Best rating of A- or better and a minimum financial size of VII. Contractor and City agrees as follows: 1. Contractor agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, agents, using standard ISO endorsement No. CG 2010 and No. CG 2037 with edition acceptable to the City. Contractor also agrees to require all contractors, subcontractors, and any one else involved in any way with the project contemplated by this Agreement to do likewise. 2. Any waiver of subrogation express or implied on the part of the City to any party involved in this Agreement or related documents applies only to the extent of insurance proceeds actually paid. City, having required that it be named as an additional insured to all insurance coverage required herein, expressly retains the right to subrogate against any party for sums not paid by insurance. For its part, Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors, subcontractors, or others involved in any way with the project contemplated by this Agreement to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Agreement shall be endorsed to delete the subrogation condition as to the city, or to specifically allow Contractor or others providing insurance herein to waive subrogation prior to a loss. This 1026 FS Contractors, Inc. Page 13 of 50 endorsement shall be obtained regardless of existing policy wording that may appear to allow such waivers. 4. It is agreed by Contractor and City that insurance provided pursuant to these requirements is not intended by any party to be limited to providing coverage for the vicarious liability of City, or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this or any other Agreement (express or implied) in any way relating to City is intended to apply to the full extent of the policies involved. Nothing referred to here or contained in any agreement involving City in relation to the project contemplated by this Agreement is intended to be construed to limit the application of insurance coverage in any way. 5. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discover period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of binders of coverage, or endorsements, or certificates of insurance, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of insurance is not delivered as required, or in the event such insurance is canceled or reduced at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Contractor agrees to endorse, and to required others to endorse, the insurance provided pursuant to these requirements, to require 30 days notice to City and the appropriate tender prior to cancellation or reduction of such liability coverage and notice of any material alteration or non-renewal of any such coverage, and to require contractors, subcontractors, and any other party in any way involved with the project contemplated by this Agreement to do likewise. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Contractor or any subcontractor, and any other party involved with the project who is brought onto or involved in the project by Contractor, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self insurance available to the City. 10. Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, 1027 FS Contractors, Inc. Page 14 of 50 provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request, all agreements with subcontractors and others engaged in this project will be submitted to City for review. 11. Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, architect, engineer, or other entity or person in any way involved in the performance of Work on the project contemplated by this Agreement to self-insure its obligations to City. If Contractor’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor 90 days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement. 14. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuance to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Contractor agrees to waive its statutory immunity under any workers’ compensation statute or similar statute, in relation to the City, and to require all subcontractors and any other person or entity involved in the project contemplated by this Agreement to do likewise. 17. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any 1028 FS Contractors, Inc. Page 15 of 50 given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all-inclusive. 18. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties to be interpreted as such. 19. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this Agreement and evidencing products and completed operations coverage for not less than two years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by City. 20. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers on this project, when required by City. City shall determine the liability limit. 1029 FS Contractors, Inc. Page 16 of 50 EXHIBIT B PUBLIC CONTRACT CODE SECTION 9204 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: (1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. 1030 FS Contractors, Inc. Page 17 of 50 (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 1031 FS Contractors, Inc. Page 18 of 50 (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date. (Amended by Stats. 2019, Ch. 489, Sec. 1. (AB 456) Effective January 1, 2020. Repealed as of January 1, 2027, by its own provisions.) 1032 CITY OF MOORPARK DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION PROPOSAL FOR Specification No. MPK 21-01 2021 SIDEWALK REHABILITATION PROJECT SPECIFICATION NO. MPK 21-01 CONTRACTOR NAME: FS Contractors Inc. ------------=~~~~~----------- SUBMIT PAGES 16 THROUGH 38 FULLY EXECUTED WITH THIS PROPOSAL 2021 Sidewalk Rehabilitation Project 16 FS Contractors, Inc.Page 19 of 50 EXHIBIT C 1033 Specification No. MPK 21-01 LIST OF DOCUMENTS TO BE SUBMITTED WITH PROPOSAL FOR 2021 SIDEWALK REHABILITATION PROJECT Bid Proposal Cover Page .............................................................................. Page 16 List of Documents to be Submitted with Proposal .......................................... Page 17 Proposal Sheet. .............................................................................................. Page 18 Instructions for Signing Proposal, Bonds, and Contract ................................. Page 19 Contractor's Proposal Statement ................................................................... Page 20 Proposed Schedule of Work and Prices ......................................................... Page 22 Bidder's Bond to Accompany Proposal .......................................................... Page 25 Form to Accompany Bid Bond ........................................................................ Page 26 Statement of Bidder's Qualifications and References .................................... Page 27 Statement of Bidder's Past Contract Disqualifications .................................... Page 29 Questionnaire Regarding Subcontractors ...................................................... Page 30 Bidder's Statement of Subcontractors and Material Fabricators .................... Page 31 Non-Collusion Affidavit ................................................................................... Page 33 Equal Employment Opportunity Certificate ..................................................... Page 34 Debarment and Suspension Certification Title 49, Code of Federal Regulations Part 29 ............................................ Page 35 Industrial Safety Record Form ........................................................................ Page 36 Compliance with Environmental, Health, and Safety Standards .................... Page 37 Addenda Acknowledgement Form ................................................................. Page 38 2021 Sidewalk Rehabilitation Project 17 FS Contractors, Inc.Page 20 of 50 1034 DEPARTMENT OF PUBLIC WORKS PROPOSAL FOR Specification No. MPK 21-01 2021 SIDEWALK REHABILITATION PROJECT Specification No.: MPK 21-01 Bids to be received on: July 30, 2021, at 3:00 p.m. Completion Time: 40 Consecutive Working Days after Receipt of Notice to Proceed Liquidated Damages: $1,000 per Calendar Day Number of Pages in Proposal: 25 CONTRACTOR Name __ F_S_C_o_n_tr_a_c_to_rs_,_l_nc_. _________________ _ Street Address 14838 Bledsoe St. City Sylmar State ___.C..._A_._____ Zip Code 91342 Telephone Number (818) 838 -6040 Fax Number _ _,,(=-81 ..... 8_)-=8-=-38...__-=-61 ..... 7__.1 ______________ _ Email __ m ........ a....,rt ..... h ..... a@__..fs....,c .... o..._n ..... tr....,a .... c...,.to'"""rs""'i ..... oc ......... co...,m.....__ _____________ _ The bid shall be balanced so that each bid item is priced to carry its share of the cost of the work and also its share of the contractor's overhead and profit. The City reserves the right to delete any bid item to the extent that the bid is qualified by specific limitation. An unbalanced bid shall be considered as grounds for rejecting the entire bid. 2021 Sidewalk Rehabilitation Project 18 FS Contractors, Inc.Page 21 of 50 1035 Specification No. MPK 21-01 INSTRUCTIONS FOR SIGNING PROPOSAL, BONDS AND CONTRACT Corporations a) Give name of Corporation. b) Signatures: President or Vice-president and Secretary or Assistant Secretary. c) Affix corporate seal and notary's acknowledgment. d) Others may sign for the corporation if the City has been furnished a certified copy of a resolution of the corporate board of directors authorizing them to do so. Partnerships a) Signatures: All members of partnership. One may sign if City has a copy of authorization. b) Affix notary's acknowledgment. Joint Ventures a) Give the names of the joint ventures. b) Signatures: All joint ventures. One may sign if City has a copy of authorization. c) Affix notary's acknowledgment. Individuals a) b) c) Signature: The individual. Affix notary's acknowledgment. Another may sign for the individual if the City has been furnished a notarized power-of-attorney authorizing the other person to sign. Fictitious Names Bonds a) Show fictitious names. b) Satisfy all pertinent requirements shown above. a) In addition to all pertinent requirements above, give signature of Attorney-in- fact and apply surety's seal and provide address and telephone number of said surety. PLEASE ADHERE TO THE APPLICABLE SIGNING INSTRUCTIONS. ALL BLANKS IN THE BID PROPOSAL MUST BE APPROPRIATELY RESPONSDED TO. IF AN ANSWER OR RESPONSE IS NOT APPLICABLE, PLEASE RESPOND WITH "N/A." FAILURE TO DO SO MAY RENDER A BID AS NON-RESPONSIVE AND BE THE BASIS FOR REJECTING AN ENTIRE PROPOSAL. 2021 Sidewalk Rehabilitation Project 19 FS Contractors, Inc.Page 22 of 50 1036 Specification No. MPK 21-01 CONTRACTOR'S PROPOSAL STATEMENT FOR 2021 SIDEWALK REHABILITATION PROJECT City of Moorpark Moorpark, California 93021 Pursuant to the foregoing Notice Inviting Bids, the undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instructions to bidders, and hereby proposes to furnish all materials and to do all the work required to complete such work in accordance with such Plans and Specifications for the prices set forth in this Proposal. The undersigned has carefully checked all the figures in this Proposal and understands that City will not be responsible for any error or omission on the part of the undersigned in preparing this bid nor will City release the undersigned on account of such error or omission. The undersigned swears or affirms under penalty of perjury that the information regarding the Contractor's License is true and correct. The undersigned further agrees that in case of default in executing the required Contract within the applicable ten (10) calendar days or thereafter failing to provide the necessary bonds, within ten (10) calendar days after the contract has been fully executed, the proceeds of check or bond accompanying the bid shall become the property of the City of Moorpark. Licensed in accordance with an act providing for the registration of Contractor's License No. _ _;..1 0.c._0;;_;;5;...;;.9-'-4..C...0 ___ Class A-C8-C27 , Expiration Date __ 7/_3_1_/2_3 ____ _ DIR Registration No. __ 1_0_00_0_3_3_4_3_8 ____ , Expiration Date __.6..,_/3....,0....._/.-.23..__ ___ _ 2021 Sidewalk Rehabilitation Project 20 FS Contractors, Inc.Page 23 of 50 1037 Specification No. MPK 21 -01 Names of Co-Partners or Corporate Officers and Titles: Jose Angel Fierros, President Salomon Fierros, Vice President Jose Ernesto Fierros, Corporate Secretary Sig nature of Bidder ---fl--'-, -~-n---.1 v i--'---'--' _ri.'--'-1<-<_~_• --'--------T_._7 ...... tre ..... e....,si ..... d_en.....,t ______ _ Signature of Bidder --1-==-------t~ ____________ C_o ...... rp_o_ra_t_e_S_e_c_re_t_a~ry Title Name of Contractor or Firm Date of Submittal ,h1ly 30 , 2021 FS Contractors , Inc. Telephone No. ( 818) 838-6040 Address 14838 Bledsoe St. Sylmar, CA 91342 Corporation CA Doing Business as Individual/Partnership/Corporation State of Incorporation Federal Tax Identification Number: 47-3649570 ALL SIGNATURES MUST BE NOTARIZED (ATTACH OR AFFIX EXECUTED ACKNOWLEDGEMENT FORM, AND CORPORATE SEAL IF APPLICABLE) 2021 Sidewalk Rehabilitation Proje ct 21 FS Contractors, Inc.Page 24 of 50 1038 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On July 30, 2021 before me, ----,J.v1~ ..... a...._r ..... tl ..... rn .......... Is ... a.._.h...,_e..._l ..... L"'"'a+'p ..... ez........._R ... i .... u ..... b,...i, ..... N..,_o,.._t..,a.....,ry,J--A-P--"u'""b~li...,.c'---- oate Here Insert Name and Title of the Officer personally appeared ______ J_o_se_A_n_._g,_e_l _F_ie_r_ro_s ______ -,,,-_________ _ Name(s)" of Signerj7' who proved to me on the basis of satisfactory evidence to be the perso~hose nam~(is/ar;e"" subscribed to the within instrument and acknowledged to me that he/SA1§/t!).ey executed the same in his/h~~ authorized capacity(i~and that by his/~tJ;!el r signature~n the instrument the perso ef, or the entity upon behalf of which the person~cted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the docum fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ Number of Pages: ___ Signer(s) Other Than Named Abo . ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ----------------::::,.,.,.=- □ Corporate Officer -Title(s): -------c~'---- O Partner -D Limited D Gene D Individual D Attar · Fact Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: ____________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association• www.NationalNotary .org • 1-800-US NOTARY (1-800-876-6827) Item #5907 FS Contractors, Inc.Page 25 of 50 1039 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Lo s Angeles On --~Ju=l__..y~3~0~,~2~0=2~1 ___ before me, __ ___,iMt--L~a-r~tb~a~Is=a~b~e~I -L=o-t-<p~ez~E~i-u-b-'-+i ,~N~a-t-a...,ry,_...P~u~b~li~c~-- Oate Here Insert Name and Title of the Officer personally appeared ______ J_os_e_E_rn_e_s_to_F_ie_r_r_o_s __,,.,.~----,------------ Name(ef of Signer(✓ who proved to me on the basis of satisfactory evidence to be the personM whose nam $f is/ar6 subscribed to the within instrument and acknowledged to me that he/s.be/tl).e'f executed the same in his/~t befr authorized capacity(i ¢,' and that by his/1¢"t b6 signature~on the instrument the perso ~ or the entity upon behalf of which the person(s)"acted, executed the instrument. MARTHA !SABEL LOPEZ RIUBI ' ...... ~t,_ Notary Public • California ; Los Angeles County ·f Commission II 2356361 "•,, c •'• My Comm . Expires May 21 , 2025 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the docum fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ Number of Pages: ___ Signer(s) Other Than Named Abo . ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:--------------==~ D Corporate Officer -Title(s): ------:::~--- □ Partner -D Limited O Gene D Individual D Attar Fact 0 Trustee D Other:_=""::::...._ __________ _ Signer Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association• www.NationalNotary .org • 1-800-US NOTARY (1-800-876-6827) Item #5907 FS Contractors, Inc.Page 26 of 50 1040 Specification No. MPK 21- PROPOSED SCHEDULE OF WORK AND PRICES FOR 2021 SIDEWALK REHABILITATION PROJECT Item Payment Item Description Unit Quantity Unit Price Amount No. Ref. 1 902-8 Traffic Control LS 1 I 000 12 .000 , 2 903-2 Storm Water Pollution LS 1 Control 3 000 3 ODO , 3 904-6 Remove and Replace 4" AC SF 1,000 g 'i; 000 ' Remove and Replace PCC 4 906-5 SF 14,000 ,, f St./ ooo Sidewalk I 5 906-5 Remove and Replace PCC LF 500 &o lf-o,oco Curb and Gutter 6 907-2 Coordination with Residents, LS 1 31)/)t) 3 ooo Schools, Business , ,. 7 908-2 Release on Contract LS 1 $1 .00 $1 .00 Total Amount of Bid for Schedule : $ ----+--------------· rw o '111vJ,e,,J jweM-·f-,,j_ _._fb__,_o_tJ.!)_, ~~· -~ __ 0 _11\.L-__ ~_ 0 _.o/_,o _o v O (Price in words) ' Contractor's Name: FS Contractors Inc. 2021 Sidewalk Rehabilitation Project 22 FS Contractors, Inc.Page 27 of 50 1041 Specification No. MPK 21-01 PROPOSED SCHEDULE OF WORK AND PRICES 2021 SIDEWALK REHABILITATION PROJECT * ADDITIONS/DEDUCTIONS COMINBED TOTAL BID AMOUNT Bid Item No. New Total Addition for: Addition for: Addition for: Deduction for: Deduction for: Deduction for: Adjusted Total Bid Amount: $ _____ _ + + + $ ___ _ Adjusted Total Bid Amount in Words: _________________ _ * ** **Sales Tax Adjustment (If Applicable) ___________ _ Provisions are made for the bidder to include additions or deductions in price for bid item(s) to reflect last-minute adjustments in bidder's total bid amount. The bid item for which the addition or deduction in price is made shall be listed by the bidder as indicated above. The unit price for that item (if applicable) shall be adjusted by dividing the bid quantity into the new total amount as determined after adding or subtracting the amount listed by the contractor for such item. Sales tax deduction entered on this line is the amount the bid is to be reduced in order to receive credit for purchases made in the City of Moorpark pursuant to Bid Terms and Conditions, Sales Tax Reimbursements. The following addenda are acknowledged: (Bidder must fill in number and date of each addendum or may enter the word "None" if appropriate.) 23 Number 1 Date 7/30/21 2021 Sidewalk Rehabilitation Project FS Contractors, Inc.Page 28 of 50 1042 Specification No . MPK 21-01 QUANTITIES OF WORK: The quantities of work or material stated on the Bid Schedule(s) are estimated amounts based on field observations. The City does not expressly, nor by implication, agree that the actual quantities of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any bid item by an amount up to 25 percent without a change in the bidder's unit price . The City shall also have the right to delete any bid item in its entirety and receive full credit in the amount shown in the Bid Schedule(s) for the deleted item or work . I make this proposed Bid Amount and certify under penalty of perjury that all the statements in this proposal that I have signed are true and correct. Contractor's Name FS Contractors Inc . -------~----------------- -....-.. ,.,.J f,w~ 7 /30/21 7/30/21 Sign President Title Date Signature Corporate Secretary Title ALL SIGNATURES MUST BE NOTARIZED (Attach or Affix Executed Acknowledgement Form) Date 2021 Sidewalk Rehabilitation Proje ct 24 FS Contractors, Inc.Page 29 of 50 1043 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On July 30, 2021 before me, ___ J,,1 ......... a..._r...._th ..... a.__J .... s...,.a_..,_h.._el.__T""'._..,_o.,.pe,...z.........,R ..... i1 .... 1h..,_j..._, ...... N..,_,o....,t .... a.....,ry~P .... u""b ..... li'""'c __ _ Date Here Insert Name and Title of the Officer personally appeared ______ J_o_se_A_n...._g,_e_l _F_ie_r_ro_s ________________ _ Nam a.(ef'of Signer(a{ who proved to me on the basis of satisfactory evidence to be the person ~whose name,.(.ar is/a,i:e- subscribed to the within instrument and acknowledged to me that he/~/tl)ey executed the same in his/b,ef7th ~uthorized capacity(Le~ and that by)lis/ll&t~eir signature ~on the instrument the person('SJ, or the entity upon behalf of which the person {:if' acted, executed the instrument. MARTHA ISABEL LOPEZ RIUBI ' ...... ~ •~~ Notary Public • California , ~ Los Angeles County ! , Commission# 2356361 0•,,.c,•'' My Comm . Expires May 21 , 2025 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature l'Y\~ 1-!tffj; S~NotaPub_ ---------------OPTIONAL-----------------, Though this section is optional, completing this information can deter alteration of the docum fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ Number of Pages: ___ Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: --------------=~ D Corporate Officer -Title(s): -------::-,,,-""'--- □ Partner -D Limited D Gene D Individual D Attor Fact Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited □ General D Individual D Attorney in Fact □ Trustee □ Guardian or Conservator D Other: ____________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 FS Contractors, Inc.Page 30 of 50 1044 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On --~Ju=l,.._y~3~0,...,,~2~0=2~l ___ before me, ___ iM~~a~r-tb=a~I=s-a~b-el~J~,~at'-pe-z~R~il-1b-1 .... ·,~N~a~t-a....,ry,_...P-u-b~li-c __ _ Date Here Insert Name and Title of the Officer personally appeared ______ J_o_se_E_rn_e_s_to_F_ie_r_r_o_s _ _..._ _____________ _ Name{a{of Signer~ -------------------------------::-------• who proved to me on the basis of satisfactory evidence to be the personMwhose nam~s/are' subscribed to the within instrument and acknowledged to me that he/§tle/tj;ley executed the same Jp his/1').ertt beir authorized capacity(~ and that by his/l}ef'IU=!eir signature~*on t n e instrument the perso~{s), or the entity upon behalf of which the person {s(acted, executed the instrument. MARTHA !SABEL LOPEZ RIUBI ; Notary Public · California ; Los An~eles County c Commission# 235636 1 My Comm. Expires May 21 , 2025 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the docum fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ Number of Pages: ___ Signer(s) Other Than Named Abo . ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name : --------------:;;~ D Corporate Officer -Title(s): ------:7"""'--- D Partner -D Limited D Gene D Individual D Attor · Fact Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited O General D Individual O Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary .org • 1-800-US NOTARY (1-800-876-6827) Item #5907 FS Contractors, Inc.Page 31 of 50 1045 I Specification No . MPK 21-01 BIDDER'S BOND TO ACCOMPANY PROPOSAL (in lieu of cash, certified or cashier's check) KNOW ALL PERSONS BY THESE PRESENTS : That we, FS Contractors, Inc . , as Principal, and _____ _ RLI Insurance Company , as Surety , acknowledge ourselves jointly and severally bound to the City of Moorpark , the obligee , for ten (10) percent of the total bid, to be paid to the City if the Proposal shall be accepted and the Principal shall fail to timely provide the City with complete DBE information as required by in the project Special Provisions, (if applicable), or fails to execute the Contract tendered by the City within the applicable time specified in the Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or Labor and Material Bonds, or fails to furnish evidence of insurance as required in the Standard Specifications , then this obligation shall become due and payable , and Surety shall pay to obligee, in case suit is brought upon this bond in addition to the bond amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If the Principal executes the contract and furnishes the required bonds and evidence of insurance as provided in the contract documents, this bond shall be extinguished and released. It is hereby agreed that bid errors shall not constitute a defense to forfeiture . WITNESS our hands this 30th day of _J_u~ly _____ , 2021 . 25 FS Contractors , Inc. Principal By &¼~ r;~ Title '\}es , de.rt\ By =¥'V Title ~$', S~ Surety RLI Insurance Company ,_,-···==:> ~ By 6 ~L ~$~ Title Pietro Micciche , Attorney-in-Fact 202 1 Sidewalk Re habilitation Proje ct FS Contractors, Inc.Page 32 of 50 1046 Specification No. MPK 21~01 FORM TO ACCOMPANY BID BOND STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this __ day of _______ , 2021, before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared ____________ know to be the ___ _ of ___________ and the same person whose name is subscribed to the within instrument as the of said ------------------ and the said __________ duly acknowledged to me that he/she subscribed the name of ________ thereto as Surety and his/her own name as ------------- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. See Attached Notary Acknowledgment Certificate Notary Public in and for said County and State aforesaid. If certified or cashier's check is submitted herewith, state check number _____ _ and amount$ -------------- 2021 Sidewalk Rehabilitation Project 26 FS Contractors, Inc.Page 33 of 50 1047 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ·~~ A notary public or other officer comp leting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfu lness , accuracy, or validity of that document. State of California County of Los Angeles on __ J_U_L_I_O_20_2_1_ before me, __ _;:E=li.;:._;sa=b;..c;.e.c.cte_S=--=a.;__cla:..:_z---'----a_,_r, _N_o_ta__.ryc__P_u_b_lic ___ __, Date Here Insert Name and Title of the Officer personally appeared __ P_i_e_tr_o_M_ic_c_ic_h_e _____ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person()') whose name{)r) is/~ subscribed to the within instrument and acknowledged to me that heJl0e1(~ executed the same in hi~Jl(authorized capaci1y~J). and that by his/)(~.l(signature()Q on the instrument the personOO, or the entity _upon behalf of which the personOO acted, executed the instrument. ELISABETE SALAZAR Notary Public • California Los Angel es Count y ~ Commission # 234 2511 My Comm. Expires Jan 19 , 2025 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signalure ~ . '9 t t,c ---------------OPTIONAL ______________ _ Though this section is optional, completing thls information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document T itl e or Type of Document: ____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -T itle(s): _____ _ lJ Corporate Officer -Trtle(s): ______ _ [] Partner -LJ Limited lJ General lJ Partner -[l Limited □ General □ Individual • D Attorney in Fact Ll Individual !] Attorney in Fact [J Trustee □ Guard ian or Conservator I] Trustee CJ Guardian or Conservator [l Other: _____________ _ lJ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www .NationalNotary ,org • 1-800-US NOTARY (1-800 -876-6827) Item #5907 FS Contractors, Inc.Page 34 of 50 1048 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbe rgh Dr. Peoria, IL 6 1615 Phon e : 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unle ss attached to the bond which it authorizes exec uted , but may be detached by the approvi ng officer if desired . That RLI Insurance Company and /or Contractors Bonding and Insurance Company, each an Illinoi s corporation , (separately and together, the "Company") do hereby make, constitute and appoint: Patricia Zenizo, Pietro Micciche, Eli sa bete Salazar, jointly or severally in the C ity of Glendale , State of Ca lifornia its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on it s behalf as Surety, in general, any and a ll bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 ) for any si ngl e obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable , have each further certified that the following is a ttue and exact copy of a Resolution adopted by the Board of Directors of each such corporation , and is now in force, to-wit : "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secreta1y, any Assistant Secretaiy, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretaiy, any Assistant Secretary , or the Treasurer may appoint Attorneys in Fact or Agents who sha ll have a uthority to issue bonds, policies or undertakings in the name of the Company. The corporate sea l is not necessary for the validity of any bonds, policies , undertak ing s, Powers of Attorney or other obligations of the corporation. The sig nature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as app licabl e, have caused these presents to be executed by its respective Vice President with it s corpo rate seal affixed this 26th day of April , ...lQll_. Stale of Illinoi s County of Pe oria } ss On thi s 26th day of April , 2021 , be fore me, a Notary Public , personally a ppeared Barton W Davis , who being by me duly sworn , ack nowledged th at he signed the above Power of Allorney as the aforesaid officer of the RLI Insurance Company a nd/or Contractors Bonding and Insurance Company and acknow led ged said instrument to be the voluntary act and deed of said corporation. By: _----=-~----'-·.:......::....~'h._._~ ___ _ Catherine D. Glover CATHERINE 0 . GLOVER OFFICIAL SEAL Notary Public · State ol lllinole My Cornmtnlon Expil'N March 24 2024 Notary Public (l44CJ55J (J ]02 / 2 RLI Insurance Company Contractors Bonding and Insurance Company By: r8,,4 fd.~ Barton W. Davis Vice Pres ident CERTIFICATE I, the undersign ed officer of RLI Insurance Company and /or Contractors Bonding and Insurance Company, do hereby ce rtify that the a llached Power of Attorney is in full force and effect a nd is irrevocable ; and furth ermore , that th e Resolution of th e Company as set forth in the Power of Allomey, is now in force. In testimony whereof, I have hereunto set my h and and the seal of th e RLI Insurance Com(!any a nd /o r C.9ntractors Bonding and Insurance Company this~ day of dV\.~ , ·2-,0 'L I . RLI Insurance Company Contractors Bonding and Insurance Company By: Jeffrey Q.~ D Ji~ . Corporate Secretary A0 058 Dl 9 FS Contractors, Inc.Page 35 of 50 1049 Specification No. MPK 21-01 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES The bidder is required to state the bidder's financial ability and a general description of similar work performed. Required Qualifications: Bidders must hold a valid State of California Contractor's License ("A") at the time the bid is submitted to the City, and must have satisfactorily completed at least three Southern California municipal projects in the last five years of comparable size to the scope of this project. Number of years engaged in providing the work included within the scope of the specifications under the present business name: __ 5-y_e_a_rs __________ _ List and describe fully the last three contracts performed by your firm which demonstrate your ability to complete the work included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: City of Pasadena Contact Individual: Tony Ann Phone No. (626) 744-7403 Address: 100 N Garfield Ave, City of Pasadena, CA 91101 Contract Amount: 1 851 360 Year: 2021 --~------- Description of work done: Citywide Sidewalk Improvements Reference No. 2 Customer Name: City of San Marino Contact Individual: Phone No. --------------------- Address: 2200 Huntington Drive San Marino, CA 91108 Contract Amount: 391 488 Year: 2021 -==--:...------- Description of work done: Multi-Year Sidewalk Replacement 3rd Year 2021 Sidewalk Rehabilitation Project 27 FS Contractors, Inc.Page 36 of 50 1050 Specification No. MPK 21-01 Reference No. 3 Customer Name: City of Bell Contact Individual: Ray Alfonso Phone No. (323) 588-6211 Address: 6330 Pine Avenue Bell CA 90201 Contract Amount 214 515 Year: 2020 --------- Description of work done: Citywide Sidewalk Repair EY19-20 THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL STATEMENT SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE STATEMENTS AND CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. 2021 Sidewalk Rehabilitation Project 28 FS Contractors, Inc.Page 37 of 50 1051 Specification No. MPK 21-01 STATEMENT OF BIDDER'S PAST CONTRACT DISQUALIFICATIONS Pursuant to Section 10162 of the Public Contract Code the bidder shall state whether such bidder, any officer or employee of such bidder who has a proprietary interest in such bidder has 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; and if so, explain the circumstances. N/A 1. Do you have any disqualification, removal, etc., as described in the above paragraph to declare? Yes No X --- 2. If Yes, explain the circumstances. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL STATEMENT SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE STATEMENTS AND CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. 2021 Sidewalk Rehabilitation Project 29 FS Contractors, Inc.Page 38 of 50 1052 Specification No. MPK 21-01 QUESTIONNAIRE REGARDING SUBCONTRACTORS Bidder shall answer the following questions and submit with the proposal. 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes( ) No (X) 2. If the answer to No. 1 is "yes", please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No (X) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No (X) 5. If the answer to No. 4 is "yes", please explain the following details: (a) (b) (c) (d) (e) Date: Name of person or group: Job involved (if applicable): Nature of threats: Additional comments: (Use additional paper if necessary) THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL STATEMENT SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE STATEMENTS AND CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. 2021 Sidewalk Rehabilitation Project 30 FS Contractors, Inc.Page 39 of 50 1053 Specification No . MPK 21-01 BIDDER'S STATEMENT AND LIST OF SUBCONTRATORS AND MATERIAL FABRICATORS Without exception, the bidder is required to state the name and address of each subcontractor and the portion of the work which each will do as required by Section 3-3 , "Subcontracts", of the Standard Specifications and in conformance with Public Contracts Code, Sections 4100 to 4113, inclusive . Without limiting the generality of the foregoing, any contractor making a bid or offer to perform the work, shall set forth in the Proposal : (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater; and )b-(' The portion of the work which will be done by each subcontractor . The pri I contractor shall list only one subcontractor for each portion . The undersigned submits herewith a list of subcontractors in conformance with the foregoing : Name Under Which Subcontractor is Licensed License No . & Class Business Address Specific Description of Subcontract and Portion of the Work to be Done Signature(s) required on following page. 2021 Sidewalk Rehabilitation Project 31 FS Contractors, Inc.Page 40 of 50 1054 Specification No. MPK 21 -01 (Attach additional pages if necessary) BIDDER'S STATEMENT OF SUBCONTRATORS AND MATERIAL FABRICATORS (Continued) J.· ~ (,(A;>:,. 7/30/21 Sign re(s)oBidder Date Signature(s) of Bidder President Title Corporate Secretary Title ALL SIGNATURES MUST BE NOTARIZED (Attach or Affix Executed Acknowledgement Form) 7/30/21 Date 2021 Sidewalk Rehabilitation Project 32 FS Contractors, Inc.Page 41 of 50 1055 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On July 30, 2021 before me, ----;:.i.,_Mc-'-~a~r-th~a~l~s-a~b~e~l J~,~at'-p_ez~R~il-t-b ... i,~N~a-1-a"'"'ry,_._P-u-b~li-c __ _ Date Here Insert Name and Title of the Officer personally appeared _____ _.:...Jo.c..sc__e;_:_A_n-'-'gl-C.e_l _F_ie_r_ro_s ___________________ _ Nam ¢of Signer(4' who proved to me on the basis of satisfactory evidence to be the person~ whose namEl.{af is/a!'e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/~t tiei'r authorized capacity(i esf,and that by his/!)ef71Mi r signatur~on the instrument the person~ or the entity upon behalf of which the person(s) acted, executed the instrument. MARTHA !SABEL LOPEZ RIUBI Notary Public • California Los A~les County f Commission# 2356361 f Y~":·!:Plres:YJ1 , 2025 [ Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the docum fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ Number of Pages: ___ Signer(s) Other Than Named Abo . ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name :--------------:::,-:::... Signer's Name: ___________ _ □ Corporate Officer -Title(s): ------:::,...-,:::'-----D Corporate Officer -Title(s): ______ _ □ Partner -D Limited D Gene D Partner -D Limited D General □ Individual D Attar Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: ____________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 FS Contractors, Inc.Page 42 of 50 1056 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On --~J u=l,._,_y~3~0=·~2=0=2~l'-----before me, ---J01-'--'-'-a ...... r~rb~a~1 ...... s-a~b~e~l I~-~at'-p-ez ......... R~il-1~b .... i, ~N~a~t-a....,ry;----P~u=b~I i=c __ _ Date Here Insert Name and Title of the Officer personally appeared ______ Jo_s_e_E_rn_e_s_to_F_ie_r_r_os_---,----____,,.------------ Nam e.(5)0f Signe ref who proved to me on the basis of satisfactory evidence to be the perso t)(5') whose name.(s(ls/are subscribed to the within instrument and acknowledged to me that he/~l)e/t~ executed the same JD his/l)ef/th¢'authorized capacity(i ~ and that by his/~tMfr signature~on the instrument the person 1s), or the entity upon behalf of which the person (gyacted, executed the instrument. MARTHA ISABEL LOPEZ RIUBI Notary Public · California Los Angeles Count v l Commission II 23S6j61 My Comm . Expires May 21 , 202S Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------oPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the docum fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ _ Number of Pages: ___ Signer(s) Other Than Named Abo . ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:------------:::~ D Corporate Officer -Title(s): -------::~--- □ Partner -D Limited □ Gene D Individual D Attar Fact Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General □ Individual D Attorney in Fact □ Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800 -US NOTARY (1-800-876-6827) Item #5907 FS Contractors, Inc.Page 43 of 50 1057 Specification No. MPK 21-01 NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of MOORPARK DEPARTMENT OF PUBLIC WORKS. In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non-collusion Affidavit is part of the Proposal. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THE PROPOSAL STATEMENT SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THIS NON- COLLUSION AFFIDAVIT. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 2021 Sidewalk Rehabilitation Project 33 FS Contractors, Inc.Page 44 of 50 1058 Specification No. MPK 21-01 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder hereby certifies that the bidder _F_S_C_o_n_t_ra_c_to_r_s,'"""l_n_c. ________ _ and proposed subcontractor(s) ___________________ _ (if any), have X , or have/has not __ , participated in a previous contract or subcontract subject to the Equal Opportunity Clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, the bidder has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.?(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1. 7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL STATEMENT SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. 2021 Sidewalk Rehabilitation Project 34 FS Contractors, Inc.Page 45 of 50 1059 Specification No. MPK 21-01 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, the bidder or any other person associated therewith in the capacity of owner, partner, director, officer, and manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. If there are any exceptions to this certification, insert the exceptions in the following space. N/A Exceptions will not necessarily result in denial of award, but will be considered in determining bidder's responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing the Proposal Statement on the signature portion thereof shall also constitute signature of this Certification. 2021 Sidewalk Rehabilitation Project 35 FS Contractors, Inc.Page 46 of 50 1060 Specification No. MPK 21-01 INDUSTRIAL SAFETY RECORD FORM Bidder's Name: FS Contractors, Inc. Current Year of 2020 2019 2018 2017 2016 Total Record Number of Contracts 32 75 81 77 152 95 512 Total Dollar Amount of 3,947 5,505 Contracts ($1,000s) 15,011 9,239 8,380 7,472 49,554 Number of Fatalities 0 0 0 0 0 0 0 Number of Lost Workday Cases 1 3 2 2 2 2 11 Number of Lost Workday Cases Involving Permanent 0 0 0 0 0 Transfer to Another 0 0 Job, Termination of Employment The above information was compiled from the records that are available at this time and that the information is true and accurate within the limitations of those records. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL STATEMENT SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE STATEMENTS CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. 2021 Sidewalk Rehabilitation Project 36 FS Contractors, Inc.Page 47 of 50 1061 Specification No. MPK 21-01 COMPLIANCE WITH ENVIRONMENTAL, HEAL TH AND SAFETY STANDARDS The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits employers from knowingly discharging or releasing a chemical known to the State of California to cause concern, birth defects or other reproductive harm into water or onto land where such chemical passes or, in all probability, will pass into any source of drinking water. Notwithstanding any provision in this Act exempting Contractor, Contractor hereby agrees to comply with all provisions of the Act relating to the discharge of hazardous chemicals on the job site. Contractor fully agrees that Contractor, Contractor's employees, and subcontractors shall not discharge such chemicals on the job site which will result in the discharge of such chemicals, and shall, upon completion of performance of all other duties under this contract, remove all supplies, materials and waste remaining on the job site which if exposed, could result in the discharge of such chemicals. Contractor shall be financially responsible for compliance with Proposition 65. Contractor shall also comply with state of California anti-smoking laws which, in part, prohibit smoking in the workplace and enclosed areas. Should Contractor, Contractor's employees, or subcontractors or their employees fail to comply, within 24 hours from the time City issues and Contractor receives a written notice of non-compliance or within the time of an abatement period specified by any government agency, whichever period is shorter, City may give notice of default to Contractor, and at the City's option, elect any and all rights or remedies set forth in this agreement. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL STATEMENT SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE STATEMENTS AND CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. 2021 Sidewalk Rehabilitation Project 37 FS Contractors, Inc.Page 48 of 50 1062 Specification No . MPK 21 -01 ADDENDA ACKNOWLEDGMENT FORM Bidder's Name : FS Contractors Inc. The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Signature 1 6/30/21 1 !__ IJ ~ ,,_ V {;,r~ I -r-, l 0 If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda. THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL STATEMENT SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE STATEMENTS CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL. 2021 Sidewalk Rehabilitation Proj ect 38 FS Contractors, Inc.Page 49 of 50 1063 CITY OF MOORPARK PUBLIC WORKS DEPARTMENT I 799 Moorpark Aven u e, Moorpark, California 93021 Main Ci t y Ph one Number (805) 517 -6200 I Fax (805) 532-2555 I moorpark@rnoorparkca.gov July 20 , 2021 ADDENDUM NO. 1 for Specification No . MPK 21-01 2021 Sidewalk Rehabilitation Project RDA Area There is no change to the bid due date July 30, 2021, at 3:00 p.m. NOTICE IS HEREBY GIVEN to all prospective bidders that the following changes , clarifications , and additions are made part of the Notice of Inviting Sealed Bids for the above referenced project and shall be taken into account in the preparation of all proposals and the execution of all work . The changes , clarifications , and/or additions to the Request for Bids are as follows : The Engineer's Estimate for the project is $319,000. [End of Changes] This addendum shall be made part of the above referenced project. Full compensation for all work and requirements of this addendum shall be considered as included in the appropriate technical and cost proposals and no addit ional compensation will be allowed therefore . • ~ Daniel K im , P .E., City Engineer/Public Works Director Questions regarding this addendum may be directed to Daniel Kim at (805) 517-6255 . ACKNOWLEDGE RECEIPT OF THIS ADDENDUM BY ATTACHING A SIGNED COPY OF THIS ADDENDUM WITH YOUR BID PROPOSAL. FAILURE TO DO SO MAY RESULT IN DISQUALIFICATION OF YOUR BID. Company Name: __ F_S_C_o_n_tr_a_ct_o_rs~l_n_c. ____________________ _ Authorized Representative : __ J_o_s_e_A_n_,.9._e_l _F_ie_r_ro_s ________________ _ Signature of Author ized Representative : 7• ~ r:v;,,,,,, JANICE S. PARV IN Mayor DR. ANTONIO CASTRO Councilmember CHRIS ENEGREN Cou ncilmember DANIEL GROFF Councilmember DAVID POLLO C I< Counci lmembcr FS Contractors, Inc.Page 50 of 50 1064