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AGENDA REPORT 2013 1002 CCSA REG ITEM 10P
ITEM 10-P. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Dave Klotzle, City Engineer/Public Works Director Prepared by: Al Gali, Assistant Engineer ff� DATE: September 25, 2013 (CC Meeting of 10/02/13) SUBJECT: Consider Award of Contract for State Highway 118 (Los Angeles Avenue) Widening from Maureen Lane to Leta Yancy Road (Project 8058) BACKGROUND The vacant property on the south side of Los Angeles Avenue between Maureen Lane and Leta Yancy Road was to be developed by Pacific Communities Builders as part of Tract 5053. That development would have included improvements to Los Angeles Avenue to widen the highway to its ultimate width and provide three through travel lanes in each direction. The developer's plans to construct this project have been deferred indefinitely. In 2003 the City Council considered a report which discussed ways and means for the City to undertake construction of this project in advance of the development of Tract 5053. In 2004 the City Council adopted Resolution No. 2004-2203 amending the budget to provide $200,000 of funding from the Los Angeles Avenue Area of Contribution Fund (Fund 2501), for initial design efforts. On February 21, 2007, the City Council awarded a consultant agreement to KOA Corporation (KOA) to complete the design of the project. KOA completed the design and obtained an encroachment permit from Caltrans for construction of the project. On September 19, 2012, the City Council authorized the City Manager to award a consultant agreement for construction management, inspection and material testing services to KOA. On January 16, 2013, the City Council approved the project plans and specifications and authorized staff to advertise for construction bids. S:\Public Works\Everyone\Reports\Staff Reports\2013\October\10-02-2013(LA Ave Widening Award).doc 278 Honorable City Council October 2, 2013 Page 2 On July 1, 2013, KOA's agreement for construction management, inspection and material testing services was terminated. On July 17, 2013, the City Council authorized the City Manager to award a consultant agreement for construction management, inspection and material testing services to Filippin Engineering, Inc. DISCUSSION A. Scope of Work The project includes widening the south side of State Highway 118 (Los Angeles Avenue) from Maureen Lane to Leta Yancy Road and restriping to provide three through lanes in each direction with a center lane for left turns. Curb, gutter and an asphalt sidewalk are also included in the project. The project also includes the construction of a protective concrete cap over the existing 36-inch Calleguas Municipal Water District (Calleguas) Las Posas Feeder Unit 1 (LPF-1) pipeline. Several Calleguas LPF-1 and Las Posas Feeder No. 3 valves and manholes also must be adjusted or relocated to the south beyond the widened roadway. On April 3, 2013, the City Council authorized the City Manager to enter into an agreement with Calleguas for the required pipeline protection and adjustment work and provide an easement to Calleguas over their facilities. The agreement with Calleguas has been executed and requires the City to deposit $55,000.00 with Calleguas for the cost of the pipeline work. B. Bid Results and Analysis Nineteen construction firms obtained the plans and specifications. Of that number, seven bids were received and opened on August 26, 2013. The low bidder is Sully- Miller Contracting Company (Sully-Miller), of Brea, California. The second low bidder, J & H Engineering, submitted a letter of bid protest dated August 29, 2013 (Attachment 2), based on the lack of experience and qualifications associated with waterline protection and encasement work submitted by Sully-Miller. Staff requested, obtained and reviewed additional past project experience and references from Sully-Miller. Staff has determined that Sully-Miller possesses the necessary qualifications and experience to perform the work and additionally, is a responsive and responsible bidder. A summary of the bid results is listed on the next page. S Tublic Works\Everyone\Reports\Staff Reports\2013\0cto1ber\10-02-2013(LA Ave Widening Award).doc 279 Honorable City Council October 2, 2013 Page 3 No. JBidder Bid 1 Sully-Miller Contracting Company $747,431.00 2 J & H Engineering $819,176.00 3 Lash Construction Inc. $920,107.00 4 Toro Enterprises, Inc. $982,599.00 5 IC.A. Rasmussen, Inc. $993,011.00 6 JPalp, Inc. dba Excel Paving Company $1,252,606.00 7 1 Berry General Engineering Contractors, Inc. $1,379,673.00 The detailed analysis of bids is attached (Attachment 1). The Engineer's estimate is $1,000,000.00. C. Project Schedule The anticipated project schedule is as follows: Award of Construction Contract 10/02/2013 Notice to Proceed 10/31/2013 Project Completion 02/10/2014 D. Project Administration and Inspection Project administration will be performed by City staff with construction inspection and materials testing to be provided by Filippin Engineering. E. Environmental Determination A notice of exemption for Categorical Exemption for this project has been filed with the County Clerk's Office in accordance with the California Environmental Quality Act. FISCAL IMPACT A summary of the project cost estimate is as follows: &\Public Works\Everyone\Reports\Staff Reports\2013\0ctober\10-02-2013(LA Ave Widening Award).doc 280 Honorable City Council October 2, 2013 Page 4 Description Estimated Cost Design $ 116,124.00 Construction Bid Amount $ 747,431.00 10% Contingency $ 75,000.00 Construction Total $ 822,431.00 Calleguas MWD Deposit $ 55,000.00 Inspection/Materials Testing $ 135,462.00 Project Total $ 1,012,893.00 The project will be funded by the Los Angeles Avenue Area of Contribution — (Fund 2501). There are sufficient funds appropriated for this project in the current FY 2013/14 Capital Improvement Budget as summarized below. FY 13/14 Budget Fund 2501 - LA A.O.C. ($) Construction 900,000.00 Inspection/Materials Testing 137,073.09 Total 1,037,073.09 STAFF RECOMMENDATION 1. Deny the August 29, 2013 bid protest from J & H Engineering. 2. Award a construction contract to Sully-Miller Contracting Company, and authorize the City Manager to execute the construction contract in the amount of $747,431.00 subject to final language approval by the City Manager and City Attorney. 3. Authorize the City Manager to amend the construction contract for project contingencies in an amount not to exceed $75,000.00 if and when the need arises for extra work and services. Attachments: 1. Bid Analysis 2. Bid Protest 3. Agreement S:\Public Works\Everyone\Reports\Staff Reports\2013\0ctober\10-02-2013(LA Ave Widening Award).doc 281 Attachment 1 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road Owner:City of Moorpark Bid Opening:8/26/2013 Engineer's Estimate Sully-Miller Contracting Company 135 S.State College Blvd.,St,400 Brea,CA 92821 Bidder Status:Valid Schedule of Work Irema Item Description Quantfry Unfta7mi-- unit Price Item Total unit Price item Total Mobll¢abon including cost of Cattrans Double Permit(Not to Exceed 5%of Total Construction t LS 1 Cost) $30,000.00 $30,000.00 $35,000.00 $35,000.00 2 Traffic Control and Construct-Phasing 1 LS $20,000.00 $20,000.00 $15,000.00 $15,000.00 3 Construction Survey and Monumentabon 1 LS $30,000.00 $30,000.00 $7,000.00 $7,000.00 Best Management Practices 8 Storm Water 4 Pollution Prevention Plan 1 LS $20,000.00 $20,000.00 $1,500.00 $1,500.00 Construct 0.2'Rubberized Hot Mix Asphalt,Gap- s Gatled RHMA-G 730 TON $150-00 $109,s00.00 $115.00 $83,950.00 Construct 0.4'Hot Ma Asphalt B lHM.4-B), 6 over O6'Lean Concrete Base 3,600 TON $100.00 $360,000.00 $63.00 $226,800.00 Construct Concrete Curb 8 Gutter per Cattrans 7 STD.Plan A87A,Type A2£ 1,650 LF $20.00 $33,000.00 $18.00 $29,700.00 Construct 3"Thick Hot Mu Asphalt B)HMA- 8)Sidewalk weh//7'Grading on Nat-Matenal 160 TON 8 Compacted to 95%Reiatrve Density $100.00 $16,000.00 $91.00 $14,560.00 9 Clearing and Grubbing 1 LS $30,000.00 $30,000.00 $103,100.00 $103,10000 Construct Steel Reinforced Concrete Cap per 400 LF 10 CMWD Std.Dwg 1201.See Detail on Sheet D-1 $600.00 $240,000.00 $275.00 $110,001100 Adjust Test Station To Grade and Accommodate 1 EA 11 New Sidewalk.Match Same as Existing $500.00 $500.00 $1,400.00 $1,400.00 Install Encasement on Lateral Pipelme per CM WD 4038.Adjust AVAR to Accommodate New Sidewalk Grade and relocate to Southern Edge of 1 EA Sidewalk wlthin the Read Right of Way. 12 Reconstruct per CMWD 4038 on Sheet D-1 $10,000.00 $10,000.00 $8,000.00 $8,000.00 Install Encasement on the Full Length of the 1-inch Lateral Similar to CMWD 402.Do Not Encase the Corporation Stop at the Connection to the 36" Diameter Pipe.Adjust AVAR to Accommodate 1 EA New Pavement Grade and relocate to Southern Edge of Sidewalk within the Road Right of Way. 13 Reconstruct pet CMWD 402 on Sheet D-1 $10,000.00 $101000.00 $11,500.00 $11,500.00 Install Encasement on Lateral Pipeline per CMWD 14 402 Protect AnNac Cabinet in Place 1 EA $5,000.00 $5,000.00 $7,500.00 $7,500.00 Construct 3"x 5"Rectangular Curb Dam per SPPWC Plan No 150-2,N=1 and Detail on Sheet 18 EA X-1.Gra tlet to de ou Drain Away from Reverse is Cum Drain 51,000.00 $18,00o.00 $1,000.00 $18,000.00 Construct 3"x 5"Rectangutar Curb Daln per SPPWC Plan No.150-2,N=3 and Detail on Sheet 1 EA X-1 Grade outlet to Dain Away from Reverse 16 Cum Drain $2,000.00 $2,000.00 $3,100.00 $3,100.00 Adjust Manhole to Grade,per APWA Specifications l7 Section 301-16 6 EA $400.00 $2,400.00 $1,100.00 $6,600.00 Install 6'High CLF(Chain Link Fence)1'South Of RAN 8 Join Ex CLF at End of Project per Cattrans 1,700 LF 18 Std Plan A85 w/No Top Brace or Gates $15.00 $25,500.00 $19.00 $32,300.00 '21S"ping,Slgnage 8 Pavement Markings 1 LS $30,000.00 $30,000.00 $28,000.00 $28,000.00 20 Traffic Signal Loop Detector t3 EA $500.00 $6,500.00 $340.00 $4,420.00 21 Release an Contact 1 EA $1.00 $1.00 $1.00 $1.00 Bid I 5§W,401.00 747,431.00 Total Bid Amount Bid Received $747,431.00 Bid Difference $0.00 Listed Subs Brenner and Carpenter 506 E.Main Santa Paula,CA License No:LS-7998 Surveying ACE Fence Co. 727 N.Glendora Ave La Puente,CA 91744 License No:801674 Remove,install chain link fence Red Steel Inc Compton,CA License No 35611 Furnish,Assemble,install rebar Superior Pavement Markings 5312 Cypress St Cypress,CA License No:776306 Striping and Markings 282 J&H Engineering General Contractors,Lash Construction,Inc Toro Enterprises,Inc. 4022 Camino Ranchero,Unit 8 PO Box 4640 2101 E.Ventura Blvd Camarillo,CA 93012 Santa Barbara,CA 93140 Oxnard,CA 93036 Bidder Status:Valid Bidder Status:Valid Bidder Status:Valid unit Price Item Total unit Prim Item Total Unit Price Irem T-I $26,000.00 $26,000.00 $19,000.00 $19,000.00 $50,000.00 $50,000.00 $6,000.00 $6,000.00 $43,000.00 $43,000.00 $72,000.00 $72,000.00 $13,500.00 $13,500.00 $7,200.00 $7,200.00 $6,700.00 $6,700.00 $10,000.00 $10,000.00 $1,000.00 $1,000.00 $3,300.00 $3,300.00 $110.001 1 $80,300.00 $15sml $113,150.00 $107.00 $78,110.00 $75.00 $270,000.00 $72.00 $259,200.00 $65.50 $235,800.00 $16.50 $27,225.00 $28.00 $46,200.00 $17.00 $28,050.00 $125.00 $20,000.00 $129.00 $20,640.00 $180.00 $28,800.00 $3,70000 $3,700.00 $163,000.00 $163,000.00 $125,000.00 $125,000.00 $722.00 $288,800.00 $310.00 $124,000.00 $650.00 $260,00000 $1,850.00 $1,850.00 $1,100.00 $1,100.00 $450.00 $450.00 $5,000.00 $5,000.00 $4,000.00 $4,000.00 $1,61(L00J $1,610.00 $3,500.00 $3,500.00 $1,800.00 $1,800.00 $1,380.00 $1,380.00 $3,500.00 $3,500.00 $3,800.00 $3,800.00 $1,525.00 $1,525.00 $400.00 $7,200.00 $1,400.00 $25,200.00 $1,035.00 $18,630.00 $1,200.001 $1,200.00 $2,200.00 $2,200.00 $3,645.00 $3,645.00 $550.00 $3,300.00 $675.00 $4,050.00 $950.00 $5,700.00 $12.00 $20,400.00 $21.00 $35,700.00 $18.19 $30,923.00 $22,500.00 $22,500.00 $28,400.00 $28,400.00 $26,425.00 $26,425.00 $400.00 $5,200.00 $782.00 $10,166.00 $350.00 $4,550.00 $1.00 $1.00 $1.00 $1.00 $1.00 i $1.00 19,176.00 591Z,307.00 982,599.00 Bid Received $819,176.00 Bid Received $920,107.00 Bid Received $982,599.00 Bid Difference $0.00 Bid Difference ($7,300.00)Bid Difference $0.00 WMSurveys Brenner and Carpenter Brenner and Carpenter 2747 Sherwin,p 12 506 E.Main 506 E.Main Ventura,CA Santa Paula,CA Santa Paula,CA License No LS-5948 License No LS-7998 License No:LS-7998 Survey Surveying Surveying Pedersen Fence&Patio Alcom Fence ACE Fence Co. 91 S.Dawson PO Box 1249 727 N.Glendora Ave Camarillo,CA 93012 Sun Valley CA 91352 La Puente,CA 91744 License No:371374 License No 122954 License No:801674 chain link fence chain link fence Remove,install chain link fence Traffic Loops Crackfilling Taft Electric Traffic Loops Crackfillmg 946 S.Emerald 1694 Eastman 946 S.Emerald Anaheim Ventura,CA 93003 Anaheim License No 652956 License No:772245 license No 652956 Traffic loop detectors Traffic loops Traffic loop detectors Chrisp Company Superior Pavement Marking Superior Pavement Marking 2280 S.Lilac 5312 Cypress St 5312 Cypress St Bloomington Cypress,CA 90630 Cypress,CA 90630 License No:374600 License No:776306 License No 776306 Striping,signage Striping and signs Striping and signs AA&P Contractors Statewide Safety Interstate Rebar PO Box 4153 522 Lindon Avenue PO Box 670 Saticoy Nipomo,CA 93441 Oakview,CA 93022 License Na:626248 License No:975518 License No:715961 Concrete work construction signs Reba, 283 C.A.Rasmussen,Inc. Excel Paving Berry General Engineering 28548 Livingston Avenue 2230 Lemon Avenue Po Box 1457 Valencia,CA 91355 Long Beach,CA 90806 Ventura,CA 93002 Bidder Status:Valid Bidder Status:Valid Bidder Status:Valid unit pace Item r—I Unit Price Item Total Unit Price Item Total $42,000.00 542,000.00 $45,000.00 545,000.00 $57,670.00 $57,670.00 $28,000.00 $28,000.00 $51,000.00 $51,000.00 541,100.00 541,100.00 $7,000.00 $7,000.00 $10,000.00 $10,000.00 $6,55100 $6,552.00 $5,000.00 $5,000.00 527,000.00 $27,00000 $44,025.00 $44,025.00 $110.00 $80,300.00 $118.00 f $86,140.00 $10550 $77,015.00 $7100 $262,800.00 $70.00 $252,000TIO1 $110.20 $396,720.00 $18.00 $29,700.00 $28.00 $46,200.00 $27.90 546,035.00 $200.00 $32,000.00 $162.00 $25,920.00 $232.30 $37,168.00 $71,000.00 $71,000.00 $165,000.00 $165,000.00 $201,455.00 $201,455.00 $840.00 $336,000.00 $958.00 $383,200.00 $84100 $337,200.00 $2,900.00 $2,900.00 $100.00 $100.00 $3,01500 $3,015.00 $8,300.00 $8,300.00 $6,000.00 $6,000.00 58,705.00 $8,705.00 $4,300.00 $4,300.00 $6,200.00 $6,200.00 $4,470.00 $4,470.00 $3,500.00 $3,500.00 $6,200.00 $6,200.00 $3,700.00 $3,700.00 $1,200.00 $21,600.00 $3,400.00 $61,200.00 $1,925.00 $34,650.00 $2,300.00 $2,300.00 $3,400.00 $3,400.00 $3,450.00 $3,450.00 $650.00 $3,900.00 $1,000.00 $6,000.00 $1,312.00 $7,872.00 $17.00 $28,900.00 $19.00 $32,300.00 $17.70 $30,090.00 $20,000.00 $20,000.00 $35,000.00 $35,000.00 $35,140.00 $35,140.00 $270.00 $3,510.00 $365.00 $4,745.00 $280.00 $3,610.00 $1.00 $1.00 $1.00 $l.00 $l.00 $1.00 993,011.00 1,252,606.00 1,379,673.00 Bid Received $993,011.00 Bid Received $1,252,606.00 $1,379,673.00 Bid Difference $0.00 Bid Difference $0.00 Bid Difference $0.00 Sam Hill and Sons Case Land Brennerand Carpenter PO Box 5670 506 E.Main Ventura CA 93005 Orange,CA Santa Paula,CA License No 648594 License Na:LS-5411 License No:LS-7998 Underground Survey Surveying ACE Fence Co. ACE Fence Co. ACE Fence Co. 727 N.Glendora Ave 727 N.Glendora Ave 727 N.Glendora Ave La Puente,CA 91744 La Puente,CA 91744 La Puente,CA 91744 License No:801674 License No:801674 License No 801674 Remove,install chain link fence Remove,install chain link fence Remove,install chain link fence Vista Steel T.L.C. LA Signal Construction 331 W.Lewis St 9465 Emerald 155 N.Eucla Ventura,CA 93001 Anaheim,CA San Dimas,Ca License No:257955 License No:652956 License No:858974 Reba, Electrical Traffic loops Safety Striping Chrisp Company Chrisp Company PO Box 1020 2280 S.Lilac 2280 5.Lilac Goshen,CA 93227 Bloomington Bloomington License No:308669 License No:374600 License No 374600 Striping Striping,signage Striping,s,g-ge A.M.Concrete Sam Hill and Sons 13170 Telfair Ave PO Box 5670 Sylmar,CA Ventura CA 93005 License No:446850 License No 648594 Concrete Underground 284 Attachment 2 ENGINEERING GENERAL CONTRACTORS,INC. August 29, 2013 City of Moorpark Public Works Department 799 Moorpark Avenue Moorpark, CA 93021. Subject; State Highway 118 Widening from Maureen Lane to Leta Yancy Road Specification No. MPK o8-03 Attention: Mr. David Klotzle, PE Public Works Director Dear Mr. Klotzle, Please be advised that we are protesting the bid for the subject project based on the apparent low bidder's lack of experience and qualifications for the work associated with the concrete cap and encasement. Per the project specifications, page 37,the contractor%subcontractor shall have a minimum 5 years' experience in the successful completion of work of similar type and comparable to or greater in magnitude and complexity. We are requesting that the City conduct a thorough inquiry, review and reference check of the low bidder's qualifications and a demonstration of their ability complete the work associated with the Calleguas pipeline. Feel free to contact us with any questions. Thank you for your consideration. Sincerely, Amy McMullen HECEIVEur J &H Engineering AUG 2 9 2013 CITY OF MOORPARK 4022 Camino Ranchero,Unit B Camarillo,California 93012 (805)987-8414 jandheng.com 285 Attachment 3 AGREEMENT BETWEEN THE CITY OF MOORPARK AND SULLY-MILLER CONTRACTING COMPANY FOR CONSTRUCTION SERVICES RELATED TO THE STATE HIGHWAY 118 (LOS ANGELES AVENUE) WIDENING FROM MAUREEN LANE TO LETA YANCY ROAD SPECIFICATION NO. MPK 08-03 THIS AGREEMENT, is made and effective as of this day of , 2013, between the City of Moorpark, a municipal corporation ("City") and Sully-Miller Contracting Company, a 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 the widening of State Highway 118 (Los Angeles Avenue) from Maureen Lane to Leta Yancy Road; and WHEREAS, Contractor is required to comply with the indemnity and insurance requirements set forth in the Agreement by and Between Calleguas Municipal Water District and City of Moorpark Regarding Modifications to Las Posas Feeder Unit 1 and Las Posas Feeder No. 3 Due to the Los Angeles Ave. Widening Project Between Maureen Lane and Leta Yancy Road; 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, the City Council of the City at a meeting held on the 2nd day of October, 2013, authorized the City Manager to enter into this Agreement after public bidding in accordance with California Public 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 to completion of the work identified in Exhibit B, unless this Agreement is terminated or suspended as referred to herein. 2. SCOPE OF SERVICES City does hereby retain Contractor in a contractual capacity to provide construction services related to the widening of State Highway 118 (Los Angeles Avenue) from Maureen Lane to Leta Yancy Road, Specification No. MPK 08-03, as set forth in Exhibit B: Contractor's Bid Proposal, dated August 26, 2013, which exhibit is attached hereto and incorporated herein by this reference as though set forth in full and hereinafter referred to as the "Specifications" and as set forth in Exhibit C, which includes (i) Standard Specifications; (ii) Special Provisions; (iii) Workers' Compensation 286 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 Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of said Proposal and this Agreement, the language contained in this Agreement shall take precedence. Contractor shall perform the tasks described and set forth in Exhibit B and Exhibit C, both of which are attached hereto and incorporated herein by this reference as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit B. Compensation for the services to be performed by Contractor shall be in accordance with Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full. Compensation shall not exceed the rates or total value of seven hundred forty-seven thousand, four hundred thirty-one dollars ($747,431.00) as stated in Exhibit B, without the written authorization of the City Manager. 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. 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 Director of Industrial Relations 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. 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 Michael Edwards, 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. Sully-Miller Contracting Co. Page 2 of 16 287 5. PAYMENT The City agrees to pay Contractor monthly, in accordance with the terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed seven hundred forty-seven, four hundred thirty-one dollars ($747,431.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by a written Amendment to this Agreement executed by both parties. The City Manager, if authorized by City Council, may approve additional work through an Amendment of the Agreement not to exceed seventy-five thousand dollars ($75,000). 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 sixty (60) 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 the Greenbook. Sully-Miller Contracting Co. Page 3 of 16 288 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 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 five hundred dollars ($1,500.00) 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. Sully-Miller Contracting Co. Page 4 of 16 289 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 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 counsel 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 shall also indemnify, defend with legal counsel approved by Calleguas Municipal Water District (Calleguas), and hold harmless Calleguas, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel 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 directly affecting Calleguas, except such loss or damage which is caused by the sole or active negligence or willful misconduct of Calleguas. Should conflict of interest principles preclude a single legal counsel from representing both Calleguas and Contractor, or should Calleguas otherwise find Contractor's legal counsel unacceptable, then Contractor shall reimburse Calleguas its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Sully-Miller Contracting Co. Page 5 of 16 290 Contractor shall promptly pay any final judgment rendered against Calleguas (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. 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. Sully-Miller Contracting Co. Page 6 of 16 291 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. The City, and its officers and 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 handicap, medical condition, marital status, or gender of such person, except as provided in Section 12940 of the Government Code. The Contractor shall have responsibility for compliance with this Section [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 Sully-Miller Contracting Co. Page 7 of 16 292 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. THIS SECTION RESERVED 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, California 93021 To: Michael Edwards, Vice President Sully-Miller Contracting Company 135 S. State College Blvd., Ste. 400 Brea, California 92821 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. Sully-Miller Contracting Co. Page 8 of 16 293 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 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. Sully-Miller Contracting Co. Page 9 of 16 294 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 B and Exhibit C attached hereto and incorporated herein by this reference as though set forth in full. 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. Sully-Miller Contracting Co. Page 10 of 16 295 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK SULLY-MILLER CONTRACTING CO. By: BY: Steven Kueny, City Manager Michael Edwards, Vice President Attest: Maureen Benson, City Clerk Exhibits: A) Insurance Requirements B) Contractor's bid proposal C) Contract Specifications Sully-Miller Contracting Co. Page 11 of 16 296 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: 1. Commercial General Liability Commercial General Liability Insurance shall be provided by an Insurance Services Office "Commercial General Liability" policy form CG 0001 or the exact equivalent approved by City. 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 $10,000,000 per occurrence for all covered losses and no less than $10,000,000 dedicated 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. 2. 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. Sully-Miller Contracting Co. Page 12 of 16 297 3. Business Auto Coverage Business Auto Coverage on ISO Business Auto Coverage form CA 0001 0692 including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be no less than $5,000,000 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, Contract shall provide evidence of personal auto liability coverage for each such person. 4. 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, and Calleguas Municipal Water District (Calleguas), its directors, officers, employees, agents, and/or volunteers using standard ISO endorsement No. CG 2010, standard ISO endorsement No. CG 2037, and standard ISO endorsement No. CG 2503, a Designated Construction Project(s) General Aggregated Limit endorsement, or exact equivalent approved by 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. Sully-Miller Contracting Co. Page 13 of 16 298 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 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 Sully-Miller Contracting Co. Page 14 of 16 299 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, 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 that all layers of third party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. Contractor agrees further that all other third party coverages required herein will likewise have concurrent starting and ending dates. 12. 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. 13. 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. 14. 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. 15. 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. 16. Contractor will renew the required coverage annually as long as City, or its employees or agents, or Calleguas, or its employees or agents, face an exposure from operations of any type pursuant 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 Sully-Miller Contracting Co. Page 15 of 16 300 and discontinued operations, where applicable. Termination of this obligation is not effective until City executes a written statement to that effect. 17. 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. 18. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any 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. 19. 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. 20. 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. 21. 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 change 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. 22. Contractor agrees to obtain and provide to City a copy of Professional Liability coverage for Architects or Engineers on this project through Contractor. City shall determine the liability limit. Sully-Miller Contracting Co. Page 16 of 16 301 MPK 08-03 Exhibit B DEPARTMENT OF PUBLIC WORKS PROPOSAL for STATE HIGHWAY 118 (LOS ANGELES AVENUE) WIDENING FROM MAUREEN LANE TO LETA YANCY ROAD Specification No. MPK 08-03 Bids to be received on August 26, 2013, at 3:00 p.m. Completion Time: 70 Consecutive Working Days After Receipt of Notice to Proceed Liquidated Damages: $1,500 Per Calendar Day Number of Pages in Proposal: 29 CONTRACTOR Name Sully-Miller Contracting Company Street Address 135 S.State College Blvd., Ste. 400 City Brea State CA Zip Code 92821 Telephone Number 714/578-9600 Fax Number 714/578-9672 Email Ray.Sanchez @sully-miller.com 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. SUBMIT PAGES 23 THROUGH 52 FULLY EXECUTED WITH THIS PROPOSAL 23 State Highway 118(Los Angeles Avenue)widening from Maureen Lane to Leta Yancy Road 302 MPK 08-03 LIST OF DOCUMENTS TO BE SUBMITTED WITH PROPOSAL FOR STATE HIGHWAY 118 (LOS ANGELES AVENUE) WIDENING FROM MAUREEN LANE TO LETA YANCY ROAD Instructions for Signing Proposal, Bonds, and Contract.................................Page 26 Contractor's Proposal Statement ...................................................................Page 27 Proposed Schedule of Work and Prices.........................................................Page 29 Bidder's Bond to Accompany Proposal..........................................................Page 33 Form to Accompany Bid Bond........................................................................Page 35 Statement of Bidder's Qualifications and References....................................Page 37 Statement of Bidder's Past Contract Disqualifications....................................Page 39 Questionnaire Regarding Subcontractors ......................................................Page 41 Bidder's Statement of Subcontractors and Material Fabricators ....................Page 43 Non-collision Affidavit.....................................................................................Page 45 Equal Employment Opportunity Certificate.....................................................Page 46 Debarment and Suspension Certification Title 49, Code of Federal Regulations Part 29 ............................................Page 47 Nonlobbying Certification for Federal-Aid Contracts ......................................Page 48 Disclosure of Lobbying Activities....................................................................Page 49 25 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 303 MPK 08-03 CONTRACTOR'S PROPOSAL STATEMENT 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. 747612 Class A, C-10 Expiration Date March 31, 2014 Names of Co-Partners or Corporate Officers and Titles:**Please See Attached List of Corporate Officers" Signature of Bidder vice President Mich& 1 Title Signature of Bidder Assistant Secretary Raymond Sa chez Title Name of Contractor or Firm Date of Submittal August 26 2013 Sully-Miller Contracting Company Telephone No. (714 ) 578-9600 Address 135 S. State College Blvd., Ste.400, Brea, CA 92821 Corporation Delaware Doing Business as Individual/Partnership/Corporation State of Incorporation Federal Tax Identification Number: 33-0787630 ALL SIGNATURES MUST BE NOTARIZED (Attach or Affix Executed Acknowledgement Form, and Corporate Seal if Applicable 27 Stale Highway 118(Los Angeles Avenue)widening from fvlaureen Lane to Leta Yancy Road 304 CERTIFICATE OF INCUMBENCY AND RESOLUTION 1, Anthony L. 1Vlartnro, 11, do hereby certify that 1 am the Secretary of Sully-Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And 1 do hereby further certify that the following persons are duly elected officers of said corporation. `TITLE NAME Chairman of the Board Gordon R. Crawley President David Martinez Vice President, Chief Financial Officer and Treasurer "Timothy P. Orchard Vice President and Assistant Secretary Michael Edwards Vice President Scott Bottomley Secretary Anthony L. Martino II Assistant Secretary George Aldrich Assistant Secretary Raymond Sanchez Assistant Secretary Dennis Gansen I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on February 15, 2012, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in full force and effect: "BID TENDERS: GENERAL RESOLVED, that any officer of the Corporation be and they hereby are authorized in the name and on behalf of the Corporation, under its corporate seat or otherwise (i) to prepare proposals and bids for the supplying of construction materials and the performance by itself or in joint venture, of work of whatsoever nature in connection with the construction or paving of highways, roads and airports and in connection with earthworks and civil engineering projects of all kinds,together with all work incidental thereto, (ii) to execute and submit any and all such proposals and bids to any govermnental authority, instrumentality, or agency of the United States, its several states, territories and possessions, including without limitation, any municipality or other political or corporate subdivision thereof, and to any corporation, partnership, sole proprietorship, or other business entity, (iii) in coiuiection with any such submission, to deliver bid deposits or bonds as may be required and (iv) to execute and deliver definitive agreements binding the Corporation to perform work in accordance with any proposals and bids authorized hereby." 11\1 WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 23rd day of April 2012. (SEAL) Anthony Secretary Stilly-Miller Contracting Company 135 S. State CollcLe Blvd..Ste. 400 Brca, CA 92521 305 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On August 19, 2013 before me, J. Daniels, Notary Public, personally appeared Michael Edwards & Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s)whose name is/are subscribed to the within instrument and acknowledged to me that he/she they executed the same in hisiher/their authorized capacity(ies), and that by his/her/their signature(s)on the ~r t.DANIELS instrument the person(s), or the entity upon behalf of COMM# 1989544•• which the person(s)acted, executed the instrument. Notary Public-California� 10 � J NryCommission ORA zpCeOsSept14,2016 1 certify under PENALTY OF PERJURY under the laws of •••••••••••••••••••••~••~~~•~~ the State of California that the foregoing paragraph is true and correct. WITNESS my hand and icial seal Signature J. a iels,Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Contractor's Proposal Statement Document Date: August 16, 2013 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Michael Edwards Signers Name Ray Sanchez E Individual F-] Individual [X Corporate Officer-Title(s) Vice President ❑ Corporate Officer-Title(s) Assistant Secretary Partner—Limited/General Partner—Limited/General Attorney In Fact Right Thumbprint ❑ Attorney In Fact Right Thumbprint of Signer of Signer Trustee Trustee Guardian or Conservator Guardian or Conservator Other Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY 306 MPK 08-03 Revised by Addendum No. 1 -August 21,2013 PROPOSED SCHEDULE OF WORKS AND PRICES FOR STATE HIGHWAY 118(LOS ANGELES AVENUE)WIDENING FROM MAUREEN LANE TO LETA YANCY ROAD ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL Mobilization including cost of Caltrans Double Permit(Not to Exceed 5%of Total Construction 1 Cost LS 1 35 OOO 3,51 bQCD-- 2 Traffic Control and Construction Phasing LS 1 3 Construction Survey and Monumentation LS 1 71OU G v 71 Gc)U Best Management Practices&Storm Water 4 Pollution Prevention Plan LS 1 1 -- C-onstruct-0:2`Rubberized-Hot Mix Asphalt; - -` i s U 5 Gap-Graded RHMA-G TON 730 Construct 0.4'Hot Mix Asphalt,Type B(HMA- 6 B),over 0.6'Lean Concrete Base TON 3,600 Z2L/ $00 Construct Concrete Curb&Gutter per Caltrans Z� OG — 7 STD-Plan A87A,Type A2-6 LF 1,650 1 / 7 Construct 3"Thick Hot Mix Asphalt,Type B (HMA-B)Sidewalk with 1/2"Grading on Native 8 Material Compacted to 95%Relative Density TON 160 I I y 1 S b 9 Clearing and Grubbing. LS 1 ,0S/ 10 3% i O� Construct Steel Reinforced Concrete Cap per _ 10 D-1 MWD Std.Dwg 1201.See Detail on Sheet 'Z 7 S' ' `Q/ 0 Q G LF 400 Adjust Test Station To Grade and 0 Q�..< 1 Accommodate New Sidewalk.Match Same as l tA 00 11 Existing EA 1 Install Encasement on Lateral Pipeline per CMWD 4038.Adjust AVAR to Accommodate New Sidewalk Grade and relocate to Southern Edge of Sidewalk within the Road Right of Way. $ o CO- ac-)c) 12 Reconstruct per CMWD 4036 on Sheet 0-1 EA 1 J t Install Encasement on the Full Length of the f- inch Lateral Similar to CMWD 402.Do Not Encase the Corporation Stop at the Connection to the 36"Diameter Pipe.Adjust AVAR to Accommodate New Pavement Grade and relocate to Southern Edge of Sidewalk within the Road Right of Way. Reconstruct per CMWD �) ��17- r L1 13 402 on Sheet D-1 EA 1 14 Install Encasement on Lateral Pipeline per CMWD 402.Protect AirNac Cabinet in Place EA 1 25 State Highwayl 18 (Los Angeles Avenue) Widening from Maureen Lane to Leta Yancy Road 307 MPK 08-03 Revised by Addendum No.1 —August 21,2013 Construct 3"x 5"Rectangular Curb Drain per SPPWC Plan No. 150-2,N=1 and Detail on Sheet X-1.Grade outlet to Drain Away from 11 15 Reverse Curb Drain EA 18 1 ' (W Construct 3"x 5"Rectangular Curb Drain per SPPWC Plan No. 150-2,N=3 and Detail on Sheet X-1.Grade outlet to Drain Away from 3 'Qo r- t 16 Reverse Curb Drain EA 1 Adjust Manhole to Grade,per APWA /- 17 Specifications Section 301-1.6 EA 6 ' Install 6'High CLF(Chain Link Fence) 1'South Of R/W&Join Ex CLF at End of Project per 19 - Sz,'5©O-- 18 Caltrans Std Plan A85 w/No Top Brace or Gates LF 1,700 19 Striping,Siena e&Pavement Markings LS 1 ZC61 VU.) a G 6 G 20 Traffic Signal Loop Detector EA 13 J L4/ 4 21 Release on Contract EA 1 $1.00 $1.00 TOTAL AMOUNT OF BID: $ '71-17.1 14 3 Contractor's Name: Su f( I t r ntro�tt -. 25 State Highway118 (Los Angeles Avenue) Widening from Maureen Lane to Leta Yancy Road 308 MPK 08-03 PROPOSED SCHEDULE OF WORK AND PRICES STATE HIGHWAY 118 (LOS ANGELES AVENUE)WIDENING FROM MAUREEN LANE TO LETA YANCY ROAD ADDITIONS/DEDUCTIONS TOTAL AMOUNT BID $_ 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: Number Date (Bidder must fill in number and date of 1 08/21/13 each addendum or may enter the word "None" if appropriate.) I make this Proposal and certify under penalty of perjury that all the statements in this proposal that I have signed are true and correct. Co t ct s� ame Sully-Miller Contracting_ Contra t r'S n Sully-Mi e Contracting Company Compan August 16,2013 ugust 16, 2013 Si na u _ Date Signature Date Michael Edwards,Vice President Raymond Sanchez,Assistant Secretary Title Title 31 State Highway 118(Los Angeles Avenue)widening from Maureen Lane to Leta Yancy Road 309 vPaK o4� 0 CITY OF MOORPARK CITY ENGINEER/PUBLIC WORKS DEPARTMENT 1799 Moorpark Avenue,Moorpark,Califorlua 93021 Main City Phone Number(805)517-6200 1 Fax(805)532-2555 I moorpark@ci.moorpark.ca.us A9teo �V� August 21, 2013 ADDENDUM NO. 1 for State Highway 118 (Los Angeles Avenue)Widening from Maureen Lane to Leja,Yancy Specification No. MPK 08-03 1 There is no change to the bid opening date of August 26, 2013, at 3:00 p.m. NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for the construction of the above described project are hereby amended as follows: 1.Replace pages 29 and 30 "Proposed Schedule of Work and Prices"with the attached revised pages 29 and 30 to reflect revised quantities for Bid Item No. 5, No.6 and No. 8. 2.Clarification—The quantity for Bid Item No. 6 includes the combined weight, in tons, of lean concrete base and HMA-B in place. [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 ' the appropriate price bid and no additional compensation will be allowed therefore. David Klotzle, City neer/Public Works Director Acknowledgement of the addendum by signing and inserting the addendum number on page 31 of the proposal, and returning a copy with your bid is required. Failure to do so may result in the disqualification of your bid. Questions regarding this addendum may be directed to Mr. Al Gali at(805)517-6255. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED, PLEASE EMAIL A SIGNED COPY OF THIS PAGE TO AL GALI agali @moorparkca.gov(805) 532-2555. Company Name: Sully-Miller Contracting Company Authorized Representative: RAYMOND SANCHEZ-. S I STANT SECRETARY Signature of Authorized Representative: JANICE S.PARV[N ROSEANN MIKOS,Ph.D, KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM Mayor Councilmember Counedniember Coundmember Councihnember 310 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On Augsust 19, 2013 before me, J. Daniels, Notary Public, personally appeared Michael Edwards & Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s) whose name+&/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their authorized capacity(ies), and that by h+&/her/their signature(s)on the instrument the person(s), or the entity upon behalf of 4x » »J DANIELS which the person(s)acted, executed the instrument. COMM#1989544 m su(1 �;Notary Public California aQ ?".: �, ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws of b w4^h My Commission Expires Sept.24,2016 ....»»»».».........».....».....».»». the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o 'Pi al seal Signature J. niels,Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Proposed Schedule of Work and Prices Document Date: August 16 2013 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Michael Edwards Signers Name Ray Sanchez Individual ❑ Individual [X Corporate Officer—Title(s) Vice President [X Corporate Officer—Title(s) Assistant Secretary ❑ Partner—Limited/General F—] Partner—Limited/General Attorney In Fact Right Thumbprint ❑ Attorney In Fact Right Thumbprint of Signer of Signer ❑ Trustee Trustee ❑ Guardian or Conservator Guardian or Conservator E Other Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY 311 MPit 08-03 BIDDER'S BOND TO ACCOMPANY PROPOSAL (in lieu of cash, certified or cashier's check) KNOW ALL PERSONS BY THESE PRESENTS: That we, Sully-Miller Contracting Company as Principal, and Liberty Mutual 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 14th day of August 2013. Sull -Mille Contractin Com an Contra r By Title Mi emel Edw , d. Vice PresP nt By VA Title RAYMOND SANCHEZ, ASSISTANT SECRETARY Liberty Mutual Insurance Company Surety By Victoria M.Campbell,Attorney-in-Fact 33 State Highvday 118(Los Angeles Avenue)V1'idening from Maureen Lane to Leta Yancy Road 312 MPK 08-03 Tlus page left blank 34 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 313 MPK 08-03 FORM TO ACCOMPANY BID BOND STATE OF CALIFORNIA ) See Attached COUNTY OF ) SS. CITY OF ) On this day of 2013, 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. Notary Public in and for said County and State aforesaid. If certified or cashier's check is submitted herewith, state check number and amount$ 35 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 314 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On August 19, 2013 before me, J. Daniels, Notary Public,ublic, personally appeared Michael Edwards & Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s)whose name+s/are subscribed to the within instrument and acknowledged to me that h hhe/they executed the same in his/her/their authorized capacity(ies), and that by h+s/het/their signature(s) on the ' T.DANIELS� instrument the person(s), or the entity upon behalf of A" ....4' Comm#1989544 a which the person(s)acted, executed the instrument. <. s_ Notary Public-California /F ¢ MyOomisoGExPCOUN.22016 1 certify under PENALTY OF PERJURY under the laws of •~••�"'"•"""•'......"""'""""' the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offi i I seal Signature J.D els,Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Bidder's Bond Document Date: August 14, 2013 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s): Signer's Name Michael Edwards Signer's Name Ray Sanchez Individual ❑ Individual Corporate Officer—Title(s) Vice President [X Corporate Officer—Title(s) Assistant Secretary L] Partner—Limited/General _ ❑ Partner—Limited/General Attorney In Fact Right Thumbprint Attorney In Fact Right Thumbprint of Signer of Signer Trustee Trustee Guardian or Conservator Guardian or Conservator Other Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY 315 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On AUG 14 2013 before me, Julia Hien Nguyen, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Victoria M Campbell , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. + �+a JULIA HIEN NGUYEN Commission #2006350 WITNESS m hand and official seal. Notary Public-California i y Z` Orange County My Comm.Expires Feb 3, 2017 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR AUG 14 2013 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE Liberty Mutual Insurance Company 316 THIS SOWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.5952555 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Christina Johnson;Erik Johansson;Kim Heredia;Linde Hotchkiss;Melissa Tetzlaff;Shirley Bauman;Victoria M.Campbell all of the city of Irvine state of CA each individually if there be more than one named,its true and lawful attorney-in-fad to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 16th day of January 2013 American Fire and Casualty Company yThe Ohio Casualty Insurance Company N p Liberty Mutual Insurance Company m CCI West American Insurance Company S in 4, By: C N to� STATE OF WASHINGTON ss Gregory W.Davenport,Assistant Secretary >4 r M COUNTY OF KING m M C mOn this 16th day of January 2013 ,before me personally appeared Gregory W. Davenport,who acknowledged himself to be the Assistant Secretary of American v~ v y Fire and Casually Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do, stn 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c W R ` E y > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. p fz d 3 ''//�� '' •• Q M C N By: K�1��lXf�. C O a) KID Riley,Not 4 Public d C 60 G E N n- M c j This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance w p Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: :E o rn c L ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c ar to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-inrfact,as may be necessary to act in behalf of the Corporation to make,execute,seal, Y p C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective :a E 6 powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so y C executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under > Athe provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. 4)Q = ARTICLE Xill-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, �.00 > m and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, M p seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their =co Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. o . Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such ~`- attorneys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. �j IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this /1 Aay of_ Q„ r f,20_L y . By: �aau, David M.Carey,"Assistant Secretary LMS 12873 092012 378 of 500 MPK 08-03 This page left blank 36 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 318 MPK 08-03 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. Any contractors and/or subcontractors performing work on the concrete cap and/or the encasement of or relocation of Calleguas pipeline appurtenances shall have had not less than five (5) years experience in the successful completion of work of similar type and comparable to or greater in magnitude and complexity. Number of years engaged in providing the work included within the scope of the specifications under the present business name: 90 Years 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: **PLEASE SEE ATTACHED LIST OF PROJECT REFERENCES** Contact Individual: Phone No. Address: Contract Amount: Year: Description of work done: Reference No. 2 Customer Name: Contact Individual: Phone No. Address: Contract Amount: Year: Description of work done: Reference No. 3 Customer Name: Contact Individual: Phone No. Address: Contract Amount: Year: Description of work done: 37 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 319 tJLLY-MILLER CONTRACTING Co . BIDDER'S EXPERUENCE AND QUALAF ATFRONS Project Name/Number: Medford Street/ 10030C & 10128814 Year of Project: 11/2011 — 5/2012 Project Description: AC—CONCRETE—STRIPING - SIGNALS Agency Name: LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS Contact Person: FAHIM RAHIMI Telephone: 626-458-3112 Fax: 626-458-2197 Original Contract Amount: $1,961,576 Final Contract Amount: $1,893,032 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: 2010/2011 ANNUAL WATERLINE &SLURRY SEAL JOB/ 11090C& 10128866 Start and Finish Dates: 5/2011 —3/2012 Project Description: WATER LINE AND STREET IMPROVEMENTS Agency Name: CITY OF LA HABRA Contact Person: CHUCK STEPHAN Telephone: 562-905-7200 Original Contract Amount: $1,507,833 Final Contract Amount: $1,443,408 Change in contract amount is due to items of work being deleted by the agency. Project Name/Number: TORRANCE BOULEVARD/ 28791C Year of Project: 10/2008—05/2010 Project Description: STREET RECONSTRUCTION &ARHM OVERLAY Agency Name: CITY OF TORRANCE Contact Person: BETH OVERSTREET Telephone: 310-618-3074 Fax: 310-781-6802 Original Contract Amount: $5,904,267 Final Contra&Amount: $6,133,068 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: LONG BEACH ANNUAL 2009/ 28810C Year of Project: 01/2009—05-2010 Project Description: AC/ARHM —CONCRETE —BASE—SIGNALS—SURVEY—STRIPING - LANDSCAPE Agency Name: CITY OF LONG BEACH Contact Person: CHARLES RAMEY Telephone: 562-570-5170 Fax: 562-570-5176 Original Contract Amount: $5,000,000 Final Conti-act Amount: $4,290,000 Annual Contract—work was done on an as needed basis. Project Name/Number: LACMA PHASE II PAVILION PROJECT 28006/ 29820C Year of Project: 02/2009 —04/2010 Project Description: B PERMIT Agency Name: MAT I CONS-1 RUC I ION CORPORA i ON Contact Person: GREG WADE T elc-phone: 562-903-2277 Far,: 562-003-2290 320 Updated Augusi 2010 1 SIJLI Y-MILLER CC?NTRACTING C.C . BIDDER'S EXPERIENCE AND QUALMICAMNS Original Contract Amount: $92,507 Final Contract Amount: $420,000 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: LA SOUTHWEST COLLEGE—PARKING LOT 3/ 28795C Year of Project: 09/2008— 01/2010 Project Description: AC—BASE—CONCRETE— STRIPING Agency Name: CHEVRON ENERGY SOLUTIONS Contact Person: STEVE PELASYED Telephone: 714-577-1374 Fax: 714-577-1330 Original Contract Amount: $1,120,315 Final Contract Amount: Change in original contract amount is due to extra wort:and/or contract change orders adding work. Project Name/Number: 2007-2008 PAVEMENT REHABILITATION-28750C Start and Finish Dates: 6/2008 TO 712008 Project Description: AC/ARHM — MANHOLES—SURVEY—STRIPING—COLD MILL Agency Name: CITY OF HAWAIIAN GARDENS Contact Person: STEVE STEINBRECHER Telephone: 562-908-6200 Fax: 562-695-2120 Original Contract Amount: $451,112 Final Contract Amount: $456,287 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: ST REEI PAVING PROGRAM-28735C Start and Finish Dates: 3/2008 TO 5/2008 Project Description: ARHM— MANHOLES—MONUMENTS—STRIPING—SWPPP- COLD MILL Agency Name: CITY OF WEST HOLLYWOOD Contact Person: MILA SOLOGUB Telephone: 323-848-6338 Fax: 323-848-6564 Original Contract Amount: $340,986 Final Contract Amount: $315,916 Change in contract amount is due to items of work being deleted by the agency. Project Name/Number: THE LACMA TRANSFORMAiON PROJEC I-27662C Start and Finish Dates: 6/2007 TO 4/2008 Project Description: B PERMIT Agency Name: MATT CONSTRUCTION CORPORATION Contact Person: GREG WADE Telephone: 562-903-2277 Fax: 562-903-2290 Original Contract Amount: $912,402 Final Contract Amount: $1,363,596 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: CAT ALINA MEDIA/THE POINTE-27732C Stare' and Finish Dates: 1/2008 T 0 3/2008 Project Description: SEWER MAIN INSTALLA I ZI ON Updated August 2010 2 321 SIJLIY-M1ILLER CON T R C TINT CO. Agency Name: KRISMAR CONSTRUC IONN COMPANY, INC. Contact Person: GARY MORRISON Telephone: 310-458-3170 Fax: 310-458-9063 Original Contract Amount: $315,955 Final Contract Amount: $411,955 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: PACIFIC ELECTRIC INLAND TRAIL PHASES 2 &3 / 27653C Start and Finish Dates: 3/07 TO 1/08 Project Description: R/R CONCRETE/AC— LANDSCAPE/IRRIGATION —SIGNALS—STRIPE- UTILITIES Agency Name: CITY OF RANCHO CUCAMONGA Contact Person: WALTER STICKNEY Telephone: 909-477-2740 Fax: 909-477-2746 Original Contract Amount: $3,424,781 Final Contract Amount: $3,424,780 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: MARQUARDT AVENUE/ 27689C Start and Finish Dates: 7/2007 TO 9/2007 Project Description: R/R CONCRE T E—AC ON FABRIC—ADJUST UTILITIES Agency Name: LOS ANGELES COUNT`( DEPT. OF PUBLIC WORKS Contact Person: EMIL KURLYAND Telephone: 626-458-3166 Fax: 626-458-2197 Original Contract Amount: $183,915 Final Contract Amount: $183,915 Project Name/Number: ALPACA STREET IMPROVEMENT PROJECT/27699C Start and Finish Dates: 8/2007 TO 11/2007 Project Description: R/R CONCRETE &ASPHALT—STRIPING—ADJUST UTILITIES Agency Name: CITY OF SOUTH EL MONTE Contact Person: GEORGE CASTILLO Telephone: 562-682-3620 Fax: 562-684-0130 Original Contract Amount: $135,000 Final Contract Amount: $167,074 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: REHABILITA TON OF LA MIRADA BLVD. / 27664C Start and Finish Dates: 5/2007 TO 9/2007 Project Description: ARHM/ AC PAVING, CONCRETE WORK—LOOP DETECTORS/ SIGNALS Agency Name: CITY Y OF LA MIRADA Contact Person: GARY SANUI Telephone: 562-943-2385 Fax: 714-522-5800 Original Contract Amount: $2,164,089 Final Contract Amount: $2,575,166 Change in original contract amount is due to extra wort:and/or contract change orders adding work. Project Name/Number: CSULB PARKING LOT 13 REPAIR—REPAVE/ 27694C Start and Finish Dates: 712007 TO 8/2007 Project Description: AC GRIND / OVERLAY—ASPHALT REPAIR - MINOR CONCRETE REPAIR 322 Updated August 2010 SULLY-IMILLER C0IiITRAC:T1NG CCU, Agency Name: CALIFORNIA STATE UNIVERSITY, LONG BEACH Contact Person: ENRIQUE ROBLES telephone: 562-985-4175 Fax: 562-985-2308 Original Contract Amount: $375,823 Final Contract Amount': $380,572 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: ORANGE LINE —CANOGA ST I TON PARK AND RIDE if 25568C Start and Finish Dates: 3/2006 TO 1/2007 Project Description: NEW TRANSPORT A i TON STA I i0N INCLUDING AC PAVING&CONCRETE WORK Agency Name: METROPOLITAN TRANSPORA i TON AUTHORITY Contact Person: GHULAM SHAIKH Telephone: 818-262-6300 Fax: 213-922-7384 Original Contract Amount: 13,732,500 Final Contract Amount: $12,415,392 Change in Contract amount is due to items of work being deleted by the agency. Project Name/Number: SOUTH COAST PLAZA PARKING LOT/26608C Start and Finish Dates: 7/2006 TO 10/2006 Project Description: COMPLEFIE REMOVE AND REPLACE OF PARKING LOT, CONCRETE CURB & GU TT I ER, LOOP DETECTORS, AND STRIPING Agency Name: SOUTH COAST PLAZA Contact Person: ROBERT T HOMAS Telephone: 714-546-0110 Fax: 714-546-9835 Original Contract Amount: $3,100,009 Final Contract Amount: $3,932,226 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: RESIDENTIAL STREET REHABILI T ATION WORK/ 26573C Start and Finish Dates: 2/2006 to 8/2006 Project Description: ASPHALT CONCRETE OVERLAY AT VARIOUS LOCATIONS CITYWIDE Agency Name: CITY OF WEST COVINA Contact Person: OSCAR CAPLIN Telephone: 626-939-8445 Fax: 626-939-8660 Original ContracAmount: $1,430,888 Final Contract Amount: $1,512,463 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: BERTH 401-406 BACKLAND IMPROVEMENTS/ 25567C Start and Finish Dates: 1/2006 to 4/2006 Project Description: ASPHALT AND CONCRETE PAVING/ SITE IMPROVEMENT PROJECT Agency Name: PORT OF LOS ANGELES Contact Person: KEN HARBOR Telephone: 310-831-5389 Fax: 310-831-5389 Original Contract Amount: $3,286,800 Final Contract Amount: $3,386,333 Change in original contract amount is due to extra work and/or contract change orders adding work. Project' Name/NUmber: 195TH S T REE TI IMPROVEMENT/ 25506C Updated August 2010 4 323 CCx'J-I'RP'c-I-Ii\1(i cc). Start and Finish Dates: 5/2005 to 11/2005 Project Description: MEDIAN ISLAND and STREET REPAIRS Agency Name: CITY OF CERRITOS Contact Person: VIC MASAYA Telephone: 562-916-1231 Fax: 562-916-1371 Original Contract Amount: $862,370 Final Contract Amount: $742,488 Project Name/Number: MALL PARKING LOT IMPROVEMENTS/ 25492C Start and Finish Dates: 3/2005 to 10/2005 Project Description: REPAIR and PLACE NEW AC PAVING and STRIPE PARKING STALLS Agency Name: Ci TY OF TEMPLE CITY Contact Person: JANICE STROUD Telephone: 626-285-2171 Fax: 909-594-2858 Original Contract Amount: $828,837 Final Contract Amount: $894,012 Change in original contract amount is due to extra work and/or contract change orders adding work. Change in contract amount is due to items of work being deleted by the agency. Project Name/Number: HELLMAN AVENUE STREW IMPROVEMENTS/ 24477C Start and Finish Dates: 6/2004 to 11/2005 Project Description: STREET RECONSTRUCTION PROJECT Agency Name: CI TY OF ROSEMEAD Contact Person: KEN RUKABINE Telephone: 562-908-6262 Fax: 562-695-2120 Original Contract Amount: $1,051,667 Final Contract Amount: $1,067,429 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: HOLGATE AREA STREET-REHABILITATION AND WATER MAIN / 24446C Start and Finish Dates: 3/2004 to 6/2005 Project Description: STREET REHABLIT AT TON AND WA T ER MAIN REPLACEMENT Agency Name: CI i Y OF LA HABRA Contact Person: CHUCK STEPHAN Telephone: 562-905-9720 Fax: 562-905-9643 Original Contract Amount: $2,996,461 Final Contract Amount: $3,566,942 Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: PIER 400 BACKLANDS PHASE 2/ 23301C Start and Finish Dates: 4/2003 to 8/2004 Project Description: TRANSTAINER FACILI Ty, GRADING, PAVING, UNDERGROUND, CONCRETE. PROJECT FINISHED ON TIME—EXTRA DAYS FOR EXTRA WORK ONLY Agency Name: POR I OF LOS ANGELES Contact Person: MAHMOUD IRSHEID Telephone: 310-732-3525 Fax: 310-831-5389 Original Contract Amount: $30,618,798 Final Contract Amount: $30,030,429 Change in contract amount is due to items of work being deleted by agency. Project Name/Number. PHANTOM WEST STREET IMPROVEMENT/ 82803C 324 Updated 11ugust 2010 5 ! SULLY-MILLER CONTRACTING C,C>. Start and Finish Dates: 12/ 2002 to 8/ 2003 Project Description: UNDERGROUND, ASPHALT REHAB, CURB&GUI 1 ER, COLD MILLING Agency Name: CITY OF VIC T ORVILLE Contact Person: MARK MILLER Telephone: 760-955-9158 Fax: 760-955-5159 Original Contract Amount: $4,771,477 Final Contract Amount: $4,994,840 Project Name/Number: ARROW HIGHWAY - LIVE OAK AVENUE PHASE 11 / 22273C Star and Finish Dates: 11/ 2002 to 8/2003 Project Description: AC GRIND OVERLAY—NEW MEDIANS&DECORAT-11VE CONCRETE E Agency Name: CITY OF IRWINDALE Contact Person: KWOK TAM Telephone: 626-430-2212 Fax: 626-962-2018 Original Contract Amount: $4,289,147 Final Contract Amount: $4,654,815 Change in original contract amount is due to extra work and/or contract change orders adding work. Change in original contract amount is due to extra work and/or contract change orders adding work. Project Name/Number: PIER 400 CONT AINER TERMINAL/ 21130C Start and Finish Dates: 1/ 2001 to 9/ 2002 Project Description: BACKLAND IMPROVEMENTS, PHASE 1 Agency Name: PORT OF LOS ANGELES Contact Person: MAHMOUD ISHEID Telephone: 310-732-3525 Fax: 310-831-5389 Original Contract Amount: $78,134,500 Final Contract Amount: $74,226,254 Change in contract amount is due to items of work being deleted by agency. Uudat`d August 2010 6 325 29d1311' 106,4:1I AC paving,scalcolt and re, l0ndt,'I Nloq;'Ill DavId l.mmon stripe Carson Facility 3 1,0 79875c _51,093 Coldmill,AG overlay,sealcoaL Prait Whihicy J(JP4(!rn and I-O."Ifille.the NoWl I.Ot's Rodwi:Cb/ile at UIQ I)PS010 UndliO",(:A 29,1690 266,296 AC paving,sualcoat and resivilw IM111lutoll 1W]RomanaLlian Salvation Avrivy parl(iiij,M Builders L'13 4dU-15R!i in Anaheim,u. 198530 78,167 AC paving,se;iluja•and re- I I'l I I im-wl ttf- Reim.03IM-utus stripe pal-king lots al:The DinvVIIIIII(I 562-91111-93,-Q BLICN01 SCII001. 2881su 280,1!72 AC paving,scalcou and rcjs[vil)e juvgells(m Bill vizzil .lbyolzi Airffito Terminal at 1-011;Heach Airport,CA. 287920 369,575 AC repalvs,sealcoal:3t rests ipta Toyota lxgisistics -loil Keller Port of Los Angeles,CA. 714 336-)11(39 276360 369,932 AC/PCC repairs,soalcoat mid Trait Wlilbiuy Mike oaley restriping at two facilities in llocketdylle 818-3186-90R Canoga Park,CA. -2767Sc 67.3,996 AC/PCC repairs,seafcoat and The Boeing livalple,Vull: restriping at Illree radlities it) company S62-197-4231) Amillelm,I-lumthiptun Boacli, and Seal be-uh,CA, 7-3;?93r 327,9116 Soutf)Coast Drive (3 sogerstrnlll Grant Wilson 111clu(loci Type 11 Road slurry ('it Suns 3276 Late)( 266,922. 11 a rb L)I-Blvd reafigllnleni C1'seger"(1,13111 Grant Wilson fildl-Itted I-yl)P(I J\t)jI(I SItil-I y "'t Sons 711PI.3W-3M Latex '02770 '1,115D,716 Sump Coast Drive 11eillif"I)m elit ('J Sec"ol-sl l'O m GI'mit Wilson 111-13 9-106 includeW lypo,11 110ild Solls '1 326 MPK 08-03 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES (Cont'd) STATE OF CALIFORNIA, COUNTY OF Orange I am the Vice President and Assistant Secretary of Sully-Miller Contracting Company the bidder herein, I have read the foregoing statement and know the contents thereof; and 1 certify that the same is true to my knowledge, except as to those matters which are therein stated upon my information or belief, and as to those matters I believe it to be true. Executed on August 16, 2013 at Brea California. (date) (place) I declare, under penalty of perjury, that the foregoing is true and correct_ Sig 1AP6 of Bi der Michael Edwards, Vice President Title 1 Signa ure f Bidder Raymond Sanchez,Assistant Secretary Title 38 State Highway 118(Los Angeles Avenue)widening from Maureen Lane to Leta Yancy Road 327 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On August 19, 2013 before me, J. Daniels, Notary Public, personally appeared Michael Edwards & Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s)whose name is/are subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/he their authorized capacity(ies), and that by h661her/their signature(s)on the ,>..,»»..».�.....•»> -° instrument the person(s), or the entity upon behalf of J.DAN[ELS COMM tary Public#1989544 a which the person(s) acted, executed the instrument. No California n' ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws of tt MyCommisSionENpiresSepL24,2016 the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offi iaJ seal . Signature J.D i Is, otary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Statement of Bidder's Qualifications and References Document Date: August 16 2013 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Michael Edwards Signers Name Ray Sanchez ❑ Individual [—] Individual FX Corporate Officer-Title(s) Vice President [X Corporate Officer-Title(s) Assistant Secretary F1 Partner—Limited/General ❑ Partner—Limited/General Attorney In Fact Right Thumbprint F—] Attorney In Fact Right Thumbprint of Signer of Signer Trustee � Trustee Guardian or Conservator Guardian or Conservator D Other Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY 328 MPK 08-03 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. 1. Do you have any disqualification, removal, etc., as described in the above paragraph to declare? Yes No xx 2. If Yes, explain the circumstances. Executed on August 16, 2013 at Brea , California. I de tare, nder penalty of perjury, that the foregoin s true and correct. Signa ure(s) uthorized Bidder Signatui s) of Authorized i der Michael Edwards,Vice President Raymond Sanchez,Assistant Secretary Title Title 39 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 329 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On August 19, 2013 before me, J. Daniels Notary Public, personally appeared Michael Edwards & Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s)whose name mare subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/he their authorized capacity(ies), and that by his/her/their signature(s)on the J DANIELS instrument the person(s), or the entity upon behalf of •w'�' ..•- ..»»•»»•.»•»•.»•»•».• which the person(s)acted, executed the instrument. , COMM#1989544 a No LU;:: " h tary Public-California ORANGECOUNTY I certify under PENALTY OF PERJURY under the laws of My Commission Expires Sept.24,2076 (.....»...............».».....»....»....»...� the State of California that the foregoing paragraph is true and correct. WITNESS my hand an eal Signaturery Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Statement of Bidder's Past Contract Disqualifications Document Date: August 16 2013 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Michael Edwards Signer's Name Ray Sanchez Individual F-] Individual OX Corporate Officer-Title(s) Vice President OX Corporate Officer-Title(s) Assistant Secretary Partner-Limited/General F-1 Partner-Limited/General Attorney In Fact Right Thumbprint ❑ Attorney In Fact Right Thumbprint of Signer of Signer Trustee F] Trustee nGuardian or Conservator Guardian or Conservator F1 Other Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY 330 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On August 19, 2013 before me, J. Daniels Notary Public, personally appeared Michael Edwards & Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/her their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of J.DANIELS which the erson s acted, executed the instrument. COMM#1989544 a p ( ) ?,Z Notary Public-California rn ORANGE COUNTY I certify under PENALTY OF PERJURY under the laws of hhy Commission Expires Sept.24,20:e the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o Ic al seal Signature J. i s,Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Questionnaire Regarding Subcontractors Document Date: August 16 2013 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s): Signer's Name Michael Edwards Signer's Name Ray Sanchez Individual Individual a Corporate Officer—Title(s) Vice President Corporate Officer—Title(s) Assistant Secretary Partner—Limited/General Partner—Limited/General F] Attorney In Fact Right Thumbprint Attorney in Fact Right Thumbprint of Signer of Signer Trustee F] Trustee Guardian or Conservator Guardian or Conservator Other Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY 331 MPI<08-03 BIDDER'S STATEMENT 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 2-3, "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; and (b) The portion of the work which will be done by each subcontractor. The prime 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 Specific Description of Subcontractor is License No. & Subcontract and Portion of Licensed - Class Business Address the Work to be Done i aC I.o-'1SfSSb Yu R,,Ac Ca SV C . S b % \ � c6, ,,,41 L4 C Ci37' Cfs. 5 S 08/16/13 08/16/13 Sig at refs) o adder Date Signature s) of Bidder Date Michael Edwards,Vice President Raymond Sanchez, Assistant Secretary Title Title ALL SIGNATURES MUST BE NOTARIZED (Attach or Affix Executed Acknowledgement Form) 43 State Highway 11U1(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 332 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On August 19, 2013 before me, J. Daniels, Notary Public, personally appeared Michael Edwards & Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s)whose name+s/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized _ capacity(ies), and that by 4 s/ /their signature(s) on the " �- ."••"J.DANIELS instrument the person(s), or the entity upon behalf of � COMM#1989544 a which the person(s) acted, executed the instrument. "t `'1a Notary Public-California m _:. ¢e'? %' ORANGE COUNTY �My commission Expires Sept.24,2016 1 certify under PENALTY OF PERJURY under the laws of (••»� »'»"'""""""»""'"'"•'"" the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici I eal Signature J.Dan s,N ary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Bidder's Statement of Subcontractors and Material Suppliers Document Date: August 16 2013 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s): Signer's Name Michael Edwards Signer's Name Ray Sanchez Individual Individual 0 Corporate Officer-Title(s) Vice President ❑X Corporate Officer-Title(s) Assistant Secretary Partner—Limited/General Partner—Limited/General Attorney In Fact Right Thumbprint Attorney In Fact Right Thumbprint of Signer of Signer Trustee Trustee Guardian or Conservator Guardian or Conservator Other Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY 333 MPK 08-03 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 Noncollusion Affidavit is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 45 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 334 MPK 08-03 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS BID SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS BID) EQUAL. EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Sully-Miller Contracting Company proposed subcontractor *******#*##**#**#**k#****##*******k************##***}**********k******}}***k**** hereby certifies that he has XX , 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, he 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 60-1.7(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_ 46 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 335 MPK 08-Q3 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she 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 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 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder 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 this Proposal on the signature portion thereof shall also constitute signature of this Certification. 47 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 336 M P K 08-03 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Farm-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. 48 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 337 MPK 08-03 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 I. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Da. contract Fla. bid/offer/application Fla. initial b. grant b_ initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: c. loan guarantee year__ quarter f. loan insurance N/A date of last report _ 4. Name and Address of Reporting Entity S. If Reporting Entity in No.4 is Sit bawardee, Enter Name and Address of Prime: Prime Subawardee Tier if known Congressional District,if known Congressional District,if known 6. Federal Department/Agency: 7, Federal Program Name/Description: CFDA Number,if applicable S. Federal Action Number,ifknown: 9. Award Amount,if known: 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual,last name,first name,M1) address if different from No. I Oa) (last name,first name,MI) (attach Continuation Sheet(s)if necessary) 11. Amount of Payment(check all that apply) 13. Type of Payment(check all that apply) S actual planned a. retainer b. one-time fee 12. Form of Payment(check all that apply): C. conn»ission 8 a. cash d. contingent fee b_ in-kind; specify: nature e deferred value f, other,specify 14. Brief Description of Services Performed or to be performed and Date(s)of Service,including officer(s),employee(s),or member(s)contacted,for Payment indicated in Item 11: (attach Continuation Sheet(s)if necessary) 15. Continuation Sheet(s)attached: Yes E] No El 16. Information requested durough this form is authorized by Tide 31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature: ✓ _ was placed by the tier above when his transaction was made or entered into. 'nhis disclosure is required pursuant to 31 U.S.C. print Name: Raymon Sanchez 1352. This information will be reported to Congress — --- semiannually and will be available for public inspection. Any Assistant Secretary person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than$10,000 and not more than 714/578-9600 08/16/13 $100,000 for each such failure. Tel ephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form-LLL 49 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 338 MPK 08-03 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3_ Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report 'by this reporting entity for this covered federal action. 4_ Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). include prefixes, e.g., "RFP-DE-90-001." 50 State Highway 113(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 339 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On August 19, 2013 before me, J. Daniels, Notary Public, personally appeared Raymond Sanchez who proved to me on the basis of satisfactory evidence to be the person(s)whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. 4: COMM# 1989544 r NotaPubiic California W I certify under PENALTY OF PERJURY under the laws of fit' t. hMyC mmisio Expires Sept.24,2015 the State of California that the foregoing paragraph is true (...: .� ::».......... . ».».....»..». ( and correct. WITNESS my hand and offi ial seal Signature J.Dan' Is,Notary Public Notary Seal OPTIONAL Description of Attached Document Title or Type of Document: Disclosure of Lobbying Activities Document Date: August 16, 2013 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s): Signer's Name Ray Sanchez Signer's Name Individual F� Individual ❑X Corporate Officer—Title(s) Assistant Secretary Corporate Officer—Title(s) Partner—Limited/General Partner—Limited/General Attorney In Fact Right Thumbprint Attorney In Fact Right Thumbprint of Signer of Signer Trustee Trustee Guardian or Conservator Guardian or Conservator L] Other Other Signer is Representing: SULLY-MILLER CONTRACTING COMPANY 340 I MPK 08-03 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full narne, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4) to the lobbying entity(item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D-C. 20503. 51 State Highway 118(Los Angeles Avenue)Widening from Maureen Lane to Leta Yancy Road 341 MPK 08-03 This page left blank 52 State Highway 118(Los Angeles Avenue)Widening fiom Maureen Lane to Leta Yancy Road 342 EXHIBIT C NOTICE TO BIDDERS, CONTRACT, PROPOSAL AND SPECIFICATIONS FOR THE CONSTRUCTION OF State Highway 118 (Los Angeles Avenue) Widening from Maureen Lane to Leta Yancy Road Specification No. MPK 08-03 This document provided in electronic file (PDF) to the City Clerk's Department for record retention 343