HomeMy WebLinkAboutAGENDA REPORT 2011 0406 CC REG ITEM 09B ITEM 9.13.
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OF NIOORPA RK,CALWOR;
City Council Meeting
ACTIOW u Y
MOORPARK CITY COUNCIL -
AGENDA REPORT ?�' �' -
TO: Honorable City Council
FROM: Dave Klotzle, Interim City Engineer/Public Works Director
DATE: March 25, 2011 (CC Meeting of 04/06/11)
SUBJECT: Consider Award of Contract for the Collins Drive and University Drive
Traffic Signal Installation — Project 8078 and Consider Approval of a
Resolution Amending Fiscal Year 2010/11 Budget
BACKGROUND
In May 2005, a traffic signal warrants analysis was performed at the intersection of Collins
Drive and University Drive. The analysis found that the installation of a traffic signal at
this location is warranted based on traffic volume and accident history. In May 2008, the
City and the Ventura County Community College District ("District") entered into a
settlement agreement which requires the City to complete the construction of the subject
traffic signal by June 30, 2011. That agreement further requires the City to fund the
design and construction of these improvements using the District's tax increment
allocation for property taxes received from the Moorpark Redevelopment Agency. The
settlement agreement stipulates that the District's tax increment allocation is to be
transferred to the City for the period of Fiscal Year 2006/07 to Fiscal Year 2024/25, up to
a cap of$1,000,000.
On February 4, 2009, the City Council approved this project by establishing Project 8078
in the City's Capital Improvement Budget. The firm of Hartzog and Crabill was retained to
prepare the plans and specifications for the project. On January 5, 2011 the City Council
approved the plans for the project and authorized staff to advertise for construction bids.
DISCUSSION
A. Scope of Work
The proposed improvements include all the signal poles, electrical equipment, video
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detection system, seven detector loops, traffic signs and thermoplastic striping for a
fully signalized, four-way intersection. The signal improvements can be constructed
without the need for additional right-of-way. On October 6, 2010, the City Council
authorized staff to proceed with the procurement of the traffic signal poles, controller
and cabinet to expedite the project. The poles have been purchased and delivered
for storage at the Moorpark Public Services Facility. The signal controller and
cabinet have been purchased and will be delivered at the time of installation.
An alternate bid item was included for the option of replacing the video detection
system with twenty-two additional detector loops to determine if the construction cost
would be significantly lower than with video detection. The video detection system
would be purchased by the City at a cost of approximately $25,000.00 and installed
by the contractor. An amendment to the settlement agreement with the District
would be required to eliminate the video detection since it was included in the
agreement.
B. Bid Results and Analysis
Seven construction firms purchased the plans and specifications. Of that number,
five bids were received and opened on March 15, 2011. The low bidder is Taft
Electric Company, of Ventura, California. The low bidder 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 as follows:
Base Bid Alternate
No. Bidder (with video detection) (without video detection)
1 Taft Electric Company $109,714.00 $115,237.00
2 TDS $112,357.00 $117,357.00
3 Dynalectric $134,461.00 $135,291.00
4 Flatiron Electric Group $132,775.00 $138,525.00
5 Steiney & Company $136,601.00 $143,641.00
The base bid plus the cost to purchase the video detection system would be
approximately $135,000.00 as compared to the $115,237.00 alternate without video
detection. Staff recommends proceeding with the base bid with video detection
because the required amendment to the settlement agreement to eliminate video
detection would most likely delay the project past the June 30, 2011 deadline for
construction. Additionally, future cost savings will be realized with the video
detection system in that the replacement of detector loops during asphalt overlay
projects would be avoided. The detailed analysis of bids is attached (Attachment 1).
The Engineer's estimate is $180,501.00 for the base bid not including the cost to
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purchase the video detection system, and $192,301.00 for the alternate to include
loop detectors.
C. Project Schedule
The anticipated project schedule is as follows:
Award of Construction Contract 04/06/2011
Notice to Proceed 04/25/2011
Project Completion 06/17/2011
D. 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, (Attachment 2).
FISCAL IMPACT
This project is funded from the District's property tax increment allocation deposited in the
Capital Projects Fund (4000). To date the City has received $231,966.91 from FY
2006/07 through FY 2009/10. The FY 2010/11 allocation is estimated to be $58,000.000
bringing the total deposited through June 30, 2011 to approximately $290,000.00.
The estimated project costs are summarized as follows:
Description Total ($)
Design (inluding prior Fiscal Years) 33,240
Construction
City Acquired Poles, Cabinet, Controller and Video Detection 69,000
Traffic Signal Construction Contract 109,714
Construction Contingency 15,000
Construction Total 193,714 193,714
Inspection 10,000
Total 236,954
The Fiscal Year 2010/11 Capital Improvements Budget includes $211,280.00 for the
design and construction of this project. The attached Resolution (Attachment 3)
amending the budget to allocate additional available funds is summarized below.
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Current Proposed
FY 10/11 Proposed FY 10/11
Capital Projects Fund Budget ($) Change ($) Budget ($)
Design/Engineering
4000.8310.8078.9601 26,280.00 0.00 26,280.00
Construction
4000.8310.8078.9640 175,000.00 20,000.00 195,000.00
Inspection
4000.8310.8078.9650 10,000.00 10,000.00
TOTAL 211,280.00 20,000.00 231,280.00
STAFF RECOMMENDATIONS (ROLL CALL VOTE)
1. Award a construction contract to Taft Electric, and authorize the City Manager to
execute the construction contract subject to final language approval of the City
Manager and City Attorney in the amount of$109,714.00 for the subject project;
2. Authorize the City Manager to amend the construction contract for project
contingencies in an amount not to exceed $15,000.00 if and when the need arises for
extra work and services;
3. Authorize staff to purchase a traffic signal video detection system at a not-to-exceed
cost of$25,000.00; and
4. Adopt Resolution 2011 -
Attachment:
1 — Bid Analysis
2 — Notice of Exemption
3 — Budget Amendment
4 — Taft Agreement
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Attachment 1
Collins Drive and University Drive Traffic Signal Installation
Owner: City of Moorpark
Bid Opening: 03/15/11 •marks an allowance Engineer's Estimate
Bid Schedule
Item# Item Code Item Description Quantity Unit of Measure Unit Price Item Total
1 702-7 TRAFFIC CONTROL 1 LS $5,000.00 $5,000.00
2706-5 R&R PCC CURB RAMP 4 EA $3,500.00 $14,000.00
3703-20 TRAFFIC SIGNAL & INTERSECTION 1 LS $150,000.00 $150,000.00
4 704 INSTALL CITY-FURNISHED VIDEO 1 LS $3,000.00 $3,000.00
5 704 VEHICLE DETECTOR LOOP 7 EA $600.00 $4,200.00
6705-7 TRAFFIC SIGNING, STRIPING, MARKINGS 1 LS $4,300.00 $4,300.00
7707-2 RELEASE ON CONTRACT 1 LS $1.00 $1.00
Bid List Total $180,501.00
Schedule A-Omit Video Detection &Add Detector Loops
Item # 11tem Code Item Description Quantity Unit of Measure Unit Price Item Total
4a 704 DEDUCT INSTALLTION OF CITY- 11 LS $3,000.00 $3,000.00
5A 704 ADD VEHICLE DETECTOR LOOP 221 EA $400.00 $8,800.00
Bid List Total $11,800.00
Total Bid Amount $192,301.00
Listed Subs
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Attachment 1
Taft Electric Company TDS D nalectric
1694 Eastman Avenue 4215 Tierra Rejada Road#184 668 flinn ave#25
Ventura, CA 93003 Moorpark, CA 93021 moorpark, CA 93021
Us US US
Bidder Status: Valid Bidder Status: Valid Bidder Status: Valid
Unit Price Item Total Unit Price Item Total Unit Price Item Total
$3,608.00 $3,608.00 $5,000.00 $5,000.00 $13,500.00 $13,500.00
$2,906.00 $11,624.00 $1,900.00 $7,600.00 $6,830.00 $27,320.00
$81,398.00 $81,398.00 $88,106.00 $88,106.00 $79,260.00 $79,260.00
$2,224.00 $2,224.00 $500.00 $500.00 $4,450.00 $4,450.00
$533.00 $3,731.00 $450.00 $3,150.00 $330.00 $2,310.00
$7,128.00 $7,128.00 $8,000.00 $8,000.00 $7,620.00 $7,620.00
$1.00 $1.00 $1.00 $1.00 $1.00 $1.00
$109,714.00 $112,357.00 $134,461.00
Unit Price Item Total Unit Price Item Total Unit Price Item Total
($2,001.00) ($2,001.00) ($500.00) ($500.00) ($4,450.00) ($4,450.00
$342.00 $7,524.00 $250.00 $5,500.00 $240.00 $5,280.00
$5,523.00 $5,000.00 $830.00
$115,237.00 $1171357.00 $135,291.00
Interstate Striping & Signs
391 Dryden Street
Thousand Oaks, CA 91360
License No: 838618
Signing & Striping
TORO ENTERPRISES
511 BUENA VISTA AVE.
CA, CA 93030
License No: 710580
Concrete Curb Ramps
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rn
Attachment 1
Flatiron Electric Group, Inc. Steiny and Company, Inc.
7911 A 12907 E. Garvey Ave
Chino, CA 91708 Baldwin Park , CA 91762
US US
Bidder Status: Valid Bidder Status: Valid
Unit Price Item Total Unit Price Item Total
$500.00 $500.00 $2,600.00 $2,600.00
$7,282.00 $29,128.00 $5,700.00 $22,800.00
$88,476.00 $88,476.00 $93,900.00 $93,900.00
$2,050.00 $2,050.00 $1,200.00 $1,200.00
$500.00 $3,500.00 $700.00 $4,900.00
$9,120.00 $9,120.00 $11,200.00 $11,200.00
$1.00 $1.00 $1.00 $1.00
$132,775.00 $136,601.00
Unit Price Item Total Unit Price Item Total
($1,950.00) ($1,950.00) ($1,100.00) ($1,100.00)
$350.00 $7,700.00 $370.00 $8,140.00
$5,750.00 $7,040.00
$138,625.001 $143,641.00
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Attachment 2
POSTED NOTICE OF EXEMPTION
y Mali � 2,2011 , ,
CITY OF MOORPARK
;,41ARK A. LUNN
/e tura County Clerk and Recorder 799 MOORPARK AVENUE
m Ly. _ __ ______,_ Deputy MOORPARK, CA 93021
(805) 517-6200
ooggrEO ,Jy�
TO: X County Clerk _ State Clearinghouse
County of Ventura Office of Planning and Research
800 S..Vctoria Ave.Loc.#1 210 1400 Tenth Street, Room 121
Ventura, CA 93009-1210 Sacramento, CA 95814
Submission of this form is optional. Local agencies or private individuals may file this form with the County Clerk(Public
Resources Code Sec.21152.b). Filling of this notice starts a 35-day statue of limitations on court challenges to project approval
(Public Resources Code Sec.21167.d.). Failure to file this notice results in the statue of limitations being extended to 180 days.
Project Title: Construction of a Traffic Signal(Project 8078)
Project Type: Private Project X Public Project
Project Location: On Collins Drive and University Drive in the City of Moorpark
City: Moorpark Zip Code: 93021 County: Ventura
Description of Nature,Purpose and Beneficiaries of Project: In May 2005,a traffic signal warrants analysis was
performed at the intersection of Collins Drive and University Drive.The analysis found that the installation of a traffic signal
at this location is warranted based on the traffic volume and accident.history.The project will include eight(8)signal poles,
electrical equipment,video detection system,traffic signs and thermoplastic striping for a fully signalized,four-way
intersection. All improvements are to occur within existing City right-of-way.
Name of Public Agency Approving Project: City of Moorpark Date of Approval: 01/05/11
Name of PersontAgency Carrying Out Dave Klot de,City of Moorpark Public Works Department
Project: FILED
Exempt Status(check one): Ministerial(Sec. 15073) DATE: �AR 0 2 201
_ Declared Emergency(Sec. 17071.a.) h1ARK A. LUN
Emergency Project(Sec. 15071.b.and c.) Ventura County Clerk and Recorder
X Categorical Exemption(state type and section) B y ris i�
General Rule Exemption -" Deputy
Section 15301 Class 1 (c) (Existing Facilities and New Construction or Conversion of Small
AND and Structures)
.15303 3(d)
Reasons Why Project is Exempt:The public project is categorically exempt because the construction consists of
improvements to an existing street within existing City right-of-way;and the project consists of installation of new traffic
signal light equipment within the existing City right-of-way for street improvements to an existing intersection.
Contact Dave Klotzle, Interim City Phone: (805)517-6285 Ext.:
Person: Engineer and Director of
Public Works
If filed by Applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Date 02/9111 Signature: � Title: Community Development
Filed: Director,City of Moorpark
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Attachment 3
RESOLUTION NO. 2011 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2010/11 BUDGET TO FUND ADDITIONAL CONSTRUCTION
COSTS FOR THE COLLINS AND UNIVERSITY TRAFFIC
SIGNAL PROJECT (PROJECT 8078)
WHEREAS, on June 16, 2010, the City Council adopted the Operating and
Capital Improvements Projects budget for Fiscal Year 2010/2011; and
WHEREAS, the adopted budget includes the Collins and University Traffic Signal
Capital Improvement Project 8078 with a total appropriation of $202,780.00 from the
Capital Projects Fund (4000). This appropriation was subsequently adjusted to
$211,280.00 after staff completed the final accounting of Fiscal Year 2009/2010 project
costs; and
WHEREAS, a staff report has been presented to the City Council requesting a
budget adjustment increase of$20,000.00 from the Capital Projects Fund (4000); and
WHEREAS, Exhibit "A", attached hereto and made a part hereof, describes said
budget amendment and its resultant impact to the budget line item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a budget amendment in the aggregate increase of
$20,000.00 as more particularly described in Exhibit"A", is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
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PASSED AND ADOPTED this 6th day of April, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit 'A': Appropriation and Budget Detail
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Resolution No. 2011 -
EXHIBIT "A"
BUDGET AMENDMENT FOR
CAPITAL PROJECTS (FUND 4000)
TO INCREASE FUNDING FOR THE COLLINS AND UNIVERSITY
TRAFFIC SIGNAL PROJECT (PROJECT 8078)
FY 2010-2011
FUND ALLOCATION FROM:
Fund Account Number Amount
Capital Projects 4000-5500 $ 20,000
Total $ 20,000
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number Current Budget Revision Amended Budget
4000.8310.8078.9601 $ 26,280.00 $ - $ 26,280
4000.8310.8078.9640 $ 175,000.00 $ 20,000 $ 195,000
4000.8310.8078.9650 $ 10,000.00 $ - $ 10,000
Total $ 211,280 1 $ 20,000 $ 231,280
Finance Approval: -2� 9-k--
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Attachment 4
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
TAFT ELECTRIC COMPANY, INC., FOR TRAFFIC SIGNAL INSTALLATION AT
COLLINS DRIVE AND UNIVERSITY DRIVE
THIS AGREEMENT, is made and effective as of this day of
, 2011, between the City of Moorpark, a municipal Corporation ("City")
and Taft Electric Company, Inc., 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 installation of a
traffic signal at Collins Drive and University Drive; 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 6th day of April,
2011, 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 the Scope of Services and in conformance with 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 installation of a traffic signal at Collins Drive and
University Drive, as set forth in Exhibit B: Contractor's Bid Proposal, dated March 15,
2011, which exhibit is attached hereto and incorporated herein by this reference as
though set forth in full and hereinafter referred to as the "Proposal." Where said Scope
of Services is modified by this Agreement, or in the event there is a conflict between the
provisions of said Scope of Services and this Agreement, the language contained in this
Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit B 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 one
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hundred nine thousand, seven hundred and fourteen dollars ($109,714.00) 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.
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 Dave Norwine, Traffic Division Manager, and no other
individual may be substituted without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the terms and the
schedule of payment as set forth in Exhibit 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 one hundred nine thousand, seven hundred and
fourteen dollars ($109,714.00) 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 the City
Manager. Contractor shall be compensated for any additional services in the amounts
and in the manner as agreed to by City Manager and Contractor at the time City's
written authorization is given to Contractor for the performance of said services. The
City Manager, as authorized by City Council, may approve additional work not to
exceed fifteen thousand dollars ($15,000.00).
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. Consultant shall
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provide appropriate documentation, as determined by the City, for all reimbursable
expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty{30) days in advance of such termination. In the event of such
termination, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
In the event this Agreement is terminated pursuant to this Section, the City shall
pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Contractor shall submit an invoice to the City as
referred to herein.
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.
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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,
he/she shall forfeit and pay to the City, as liquidated damages, the sum of five hundred
dollars ($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.
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 hereby assumes liability for and agrees to defend (at Indemnitees'
option), indemnify, protect and hold harmless City and its Project Contractors, and
engineers, officers, agents, and employees ("Indemnitees") from and against any and all
claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs,
expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of
any kind or nature whatsoever, which may be sustained or suffered by or secured
against the Indemnitees arising out of or encountered in connection with this Agreement
or the performance of the work including, but not limited to, death of or bodily injury to
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persons or damage to property, including property owned by or under the care and
custody of City, and for civil fines and penalties, that may arise from or be caused, in
whole or in part, by any negligent or other act or omission of Contractor, its officers,
agents, employees or subcontractors including but not limited to, liability arising from:
a) Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractors;
b) Any operation conducted upon or any use or occupation of the premises
by Contractor, its officers, agents, employees, or subcontractors under or pursuant
to the provisions of this Agreement or otherwise;
c) Any act, omission or negligence of Contractor, its officers, agents,
employees, or subcontractors;
d) Any failure of Contractor, its officers, agents, or employees to comply with
any of the terms or conditions of this Agreement or any applicable federal, state,
regional, or municipal law, ordinance, rule or regulation; and
e) The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub-sections a, b, c, and d, existing or conducted upon or
arising from the use or occupation by Contractor on any other premises in the care,
custody and control of City.
Contractor's 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's 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
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successors, assigns or heirs of Contractor and shall survive the termination of this
Agreement or Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees' interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
11. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
12. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations. 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.
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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
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 year thereafter, shall have any interest, direct or indirect,
in any agreement or sub-agreement, or the proceeds thereof, for work to be performed
in connection with the Project performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
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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
(805) 517-6200
To: James Marsh, President
Taft Electric Company, Inc.
1694 Eastman Avenue
Ventura, California 93003
(805) 642-0121
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
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
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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 the City Manager.
26. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor's failure to perform on or at the times set forth
in this Agreement will damage and injure City, but the extent of such damage and injury
is difficult or speculative to ascertain. Consequently, City and Contractor agree that any
failure to perform by Contractor at or within the times set forth herein shall result in
liquidated damages as defined in this Agreement for each and every day such
performance is late. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
27. PRECEDENCE
Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit
C attached hereto and incorporated herein by this reference as though set forth in full.
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.
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28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK TAFT ELECTRIC COMPANY, INC.
By: By:
Steven Kueny, City Manager James Marsh, President
Attest:
Maureen Benson, City Clerk
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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 00 01 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits shall be no
less than $5,000,000 per occurrence for all covered losses and no less than
$10,000,000 general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
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.
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3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, 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. Any such coverage provided under an umbrella liability policy shall include
a drop down provision providing primary coverage above a maximum $25,000 self-
insured retention for liability not covered by primary but covered by the umbrella.
Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in
addition to policy limits. There shall be no cross liability exclusion precluding coverage
for claims or suits by one insured against another. Coverage shall be applicable to City
for injury to employees of contractor, subcontractors, or others involved in the Work.
The scope of coverage provided is subject to the approval of city following receipt of
proof of insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with A.M. Best rating of A- or
better and a minimum financial size of VII.
Contractor and City agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds City, its officials, employees, agents,
using standard ISO endorsement No. CG 2010 with an edition date of 1985.
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.
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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
Page 13 of 15
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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 face an exposure from operations of any type pursuance to
this Agreement. This obligation applies whether or not the Agreement is
canceled or terminated for any reason. The insurance shall include but not be
limited to products and completed operations and discontinued operations, where
Page 14 of 15
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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.
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Exhibit B
MPK 11-03
CITY OF MOORPARK
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
PROPOSAL
FOR
Collins Drive and University Drive Traffic Signal Installation
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107
MPK 11-03
DEPARTMENT OF PUBLIC WORKS
PROPOSAL
FOR
Collins Drive and University Drive Traffic Signal Installation
Specification No. MPK 11-03
Bids to be received on March 1, 2011, at 3:00 p.m.
Completion Time: 40 Consecutive Working Days after Receipt of Notice to
Proceed
Liquidated Damages $500 per Calendar Day
Number of Pages in Proposal: 16
CONTRACTOR
Name Taft Electric Company
Street Address 1694 Eastman Ave
City Ventura State CA Zip Code 93003
Telephone Number 805-642-0121
Fax Number 805-650-9015
Email therrera@taftelectric.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 14 THROUGH 29 FULLY EXECUTED WITH THIS PROPOSAL
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108
MPK 11-03
LIST OF DOCUMENTS
TO BE SUBMITTED WITH PROPOSAL
FOR
Collins Drive and University Drive Traffic Signal Installation
Instructions for Signing Proposal, Bonds, and Contract.................................Page 16
Contractor's Proposal Statement ...................................................................Page 17
Proposed Schedule of Work and Prices.........................................................Page 18
Bidder's Bond to Accompany Proposal..........................................................Page 20
Form to Accompany Bid Bond........................................................................Page 21
Statement of Bidder's Qualifications and References .....................................Page 22
Statement of-Bidder's Past Contract Disqualifications....................................Page 24
Questionnaire Regarding Subcontractors......................................................Page 25
Bidder's Statement of Subcontractors and Material Fabricators ....................Page 26
Non-collision Affidavit.....................................................................................Page 27
Equal Opportunity Certificate ..........:..............................................................Page 28
Title 49, Code of Federal Regulations Part 29 Debarment and
Suspension Certification..............................................................................Page.29
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Collins Drive and University Drive
Traffic Signal Installation
109
MPK 19-03
INSTRUCTIONS FOR SIGNING PROPOSAL, BONDS AND CONTRACT
Corporations.
a) Give name of Corporation.
b) Signatures: President or Vice-president and Secretary or Assistant
Secretary.
c) Affix corporate seal and notary's acknowledgment.
d) Others may sign for the corporation if the City has been furnished a
certified copy of a resolution of the corporate board of directors
authorizing them to do so.
Partnerships
a) Signatures: All members of partnership. One may sign if City has a
copy of authorization.
b) Affix notary's acknowledgment.
Joint Ventures
a) Give the names of the joint venturers.
b) Signatures: All joint venturers. One may sign if City has a copy of
authorization.
c) Affix notary's acknowledgment.
Individuals
a) Signature: The individual.
b) Affix notary's acknowledgment.
c) Another may sign for the individual if the City has been fumished a
notarized power-of-attomey authorizing the other person to sign.
Fictitious Names
a) Show fictitious names.
b) Satisfy all.pertinent requirements show above.
Bonds
a) In addition to all pertinent requirements above, give signature of
Attorney-in-fact and apply surety's seal and provide address and
telephone number of said surety.
PLEASE ADHERE TO THE APPLICABLE SIGNING INSTRUCTIONS
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Collins Drive and University Drive
Traffic Signal Installation
110
MPK 11-03
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 famish 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. 772245 Class A, B, C10 Expiration Date 12/31/2011
Names of Co-Partners or C rporate Officers and Titles:
James Marsh, Presid nt / .Carol Smith, Secretary
Signature of Bidder 3/14/2011
me Title President
Signature of Bidder 3/14/2011
Carol Smi Title Secretary
Name of Contractor or Firm Date of Submittal 3/15/2011 2009
Taft Electric Company Telephone No. ( 805) 642=0121
Address 1694 Eastman Ave. , Ventura, CA 93003
Corporation California
Doing Business as Individual/Partnership/Corporation State of Incorporation
Federal Tax Identification Number. 77-0007216
ALL SIGNATURES MUST BE NOTARIZED
(Attach or Affix Executed Acknowledgement Form,
and Corporate Seal if Applicable
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111
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Ventura
On / before me, Tiria, Eheway, Notary Public
Oate Here trrsert Nano and Tale of the Officer
personally appeared James Marsh
Nam(s)of Signerts)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/sheAhey executed the same in his/herAheir authorized
TINA BYTNEWAY capaaty(ies), and that by his/herAheir signature(s) on the
Con"WSSIon#1855377 instrument the person(s), or the entity upon behalf of
-" Nogry Public-California i which the person(s) acted, executed the instrument.
Ventura County
Comm.Expires Jul 21,2013+ 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 official seal.
Signature-:�-
Pleoe Notary Seal Above a of Notary Pubic
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Tdle(s):
❑ Partner —❑ Limited ❑General _ ❑Partner—O Limited ❑General
❑ Attorney in Fact - O Attorney in Fact - -
❑ Trustee Tap d tfxartb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
O Other: O Other:
Signer Is Representing: Signer Is Representing:
020x7 National Notary Assodaton-9150 De Som p e.,P.O.Box 2402•Chatswor0>,CA 91313.2402-w NatiomlNotary.org Item 85907 Reorder."Tot-Free 1-804876-6827
112
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of .! Ventura
On`j//ry1l1 before me, Tina Bytheway, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Carol Smith
Name(s)01 Sigrher(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
TINA BYTHEWAY he/she/they executed the same in hiuber/their authorized
Cof0el 010101 itf 1855377
i -� Notary PUMIC•California i capacity(ies), and that by his/her/their signature(s) on the
Z Ventura County 3 instrument the person(s), or the entity upon behalf of
M Comm.Expires Jul 21,2013 t 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.
WITNESS my hand and official seal.
Signature
Pbce Notary Seat Above siaruMe of NO"Public
OPTIONAL --
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
• Individual ❑ Individual
• Corporate Officer—Title(s): O Corporate Officer—Title(s):
• Partner—❑Limited ❑General _ ❑Partner—❑Limited ❑General _
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top of thumb there ❑Trustee Top of thtunb here
❑ Guardian or Conservator ❑Guardian or Conservator
O Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 Natimal Notary Assorialion•9350 De Soto Ave..P.O.Box 2402•Chatsvanh,CA 91313-2402•www.NatiormiNalary.orq firm tl5907 Reorder.Cal7b4+ee 1-80DV6-6W7
113
MPK 11-03
PROPOSED SCHEDULE OF WORK AND PRICES
FOR
COLLINS DRIVE AND UNIVERSITY DRIVE TRAFFIC SIGNAL INSTALLATION
BASE BID
Item Payment Unit
No. Ref. Description Qty Unit Price Total
1 702-7 Traffic Control and Lane Closure 1 LS
$3,608.00 $ 3,608.00
2 706-5 Remove and Replace PCC Curb 4 EA 1I1 6191,110 "17m,14
Ramp $2,906.00 $ 11 o 03I I 011 Traffic Signal-and Intersection
j 3 703-20 Lighting System(City-furnished 1 LS
poles, cabinet and equipment) $s1,398.00 $ 61,398.00
4 704 Install City-furnished Video 1 LS
Detection System $2,224.00 $ 2,224.00
i
5 704 Vehicle Detector Loop 7 EA
$ 533,00 $ 3,731.00
6 705-7 Traffic Signing, Striping, 1 LS
Markings and Markers $7,128.00 $ 7,128.00
7 707-2 Release on Contract 1 LS $1.00 $1.00
Total Amount of Base Bid $,09 °° � I aq
TOW
Schedule A-Omit Video Detection and add Detector Loos 031 11v Ja0
Item Payment Unit
No. Ref. Description Qty Unit Price Total
Deduct Installation of City-
4A 704 furnished Video Detection 1 LS $(2,001.duo ($ 21-001.00)
System
5A 704 Add Vehicle Detector Loop 22 EA
$ 342.00 $7,524.00
Total Amount of Schedule A $ 5,523.60
(show a deduction in parentheses)
Total Amount of Base Bid plus Schedule A $ 1 453.00
-
Contractor's Name
Taft Electric Company
0311 UJX11
Contractor MUST bid on Base Bid and Schedule A.
Award of contract, if made, will be made to the lowest responsive and responsible
bidder based on the Base Bid amount and the City reserves the right to include the
work associated with Schedule A.
18
Collins Drive and University Drive
Traffic Signal Installation
114
i
TAFT ELECTRIC COMPANY
ELECTRICAL CONTRACTORS
STATE LICENSE NO. 772245
HOME OFFICE
1694 EASTMAN AVENUE P.O. BOX 3416 • VENTURA, CALIFORNIA 93006 • (805) 642-0121
March 16, 2011
City of Moorpark
Linda Williams
799 Moorpark Avenue
Moorpark, CA 93021
Re: Bid Schedule-Collins Drive&University Drive
Traffic Signal Installation
Linda
Taft Electric Company has corrected Bid Item#2,the Base Bid&the Grand Total on our bid
schedule for the above mentioned project. Taft is in agreement with the change and accepts this
as our new bid total.
If you should have any questions,please feel free to contact me.
Sincerely,
T LECTRIC OMPANY
61 Dave Norwine
Traffic Division Manager
OFFICES IN VENTURA, THOUSAND OAKS, AND SOLVANG
115
MPK 11-03
PROPOSED SCHEDULE OF WORK AND PRICES
FOR
COLLINS DRIVE AND UNIVERSITY DRIVE-TRAFFIC SIGNAL INSTALLATION
BASE BID
Item Payment Unit
No. Ref. Description Qty Unit Price Total
1 702-7 Traffic Control and Lane Closure 1 LS
$3,608.00 $ 3,608.00
2 706-5 Remove and Replace PCC Curb 4 EA
Ramp $2,906.00 $ 11,840.00
Traffic Signal and Intersection
3 703-20 Lighting System (City-fumished 1 LS
poles, cabinet and equipment) $al,398.00 $ B1,398.00
4 704 Install City-fumished Video 1 LS
Detection System $2,224.00 $ 2,224.00
5 704 Vehicle Detector Loop 7 EA
$ 533.00 $ 3,731.00
6 705-7 Traffic Signing, Striping, 1 LS
Markings and Markers $7,128.00 $ 7,128.00
7 707-2 Release on Contract 1 LS $1.00 $1.00
Total Amount of Base Bid $ 109,930.00
Schedule A—Omit Video Detection and add Detector Loo s
Item Payment Unit
No. Ref. I Description Qty Unit Price Total
Deduct Installation of City-
4A 704 furnished Video Detection 1 LS $(2,001.90 ( $ 2,001.00)
System
5A 704 Add Vehicle Detector Loop 22 EA
$ 342.00 $7,524.00
Total Amount of Schedule A $ 5,523.60
(show a deduction in parentheses)
Total Amount of Base Bid plus Schedule A $ 115,453.00
Contractor's Name Taft Electric Company
Contractor MUST bid on Base Bid and Schedule A.
Award of contract, if made, will be made to the lowest responsive and responsible
bidder based on the Base Bid amount and the City reserves the right to include the
work associated with Schedule A.
- 18 -
Collins Drive and University Drive
Traffic Signal Installation
116
MPK 11-03
PROPOSED SCHEDULE OF WORK AND PRICES
Collins Drive and University Drive Traffic Signal Installation
*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 2/17/2011
each addendum or may enter the word 2 3/10/2011
"None" if appropriate.)
I make this Proposal and certify under penalty of perjury that all the statements in
this propolal that I have.signed are true and correct.
Cont s Name Taft Electric Company Contractors e Taft Electric Company
3/14/2011 3/14/2011
Sign to James Marsh Date Signature arol Smith Date
President Secretary
Title Title
- 19 -
Collins Drive and University.Drive
Traffic Signal Installation
117
MPK 11-03
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(in lieu of cash,certified or cashier's check)
KNOW ALL PERSONS BY THESE PRESENTS: .
That.We, TAFT ELECTRIC COMPANY as Pdnalipal, and
WESTERN SURETY 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 cfty if the Proposal shall be accepted and the Principal
shall fail to timely provide the-City with complete DBE InIbirmation 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 fumish either the required Faithful Performance or Labor and
Material Bonds, or falls 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 6ftomey's fee to be fixed by the
court. .If the Principal executes the contract and fumishes 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 STH day of MARCH
201
TAFT 4E?#iIC COMPANY
Con
I,
JAM
I S' IrRSH
,
Title t IDENT
By
6&'r'o1C Smith
Title secretary
WESTERN SURETY COMPANY
• Surety,;Z
By
JUDY PEAREN,ATTORNEY-IN-FACT
-20-
Collins Drive and University.Drive
Traffic Signal Installation
118
MPK 11-03
FORM TO ACCOMPANY BID BOND
STATE OF CALIFORNIA }
COUNTY OF } SS.
CITY OF )
SEE ATTACHED NOTARY FORM REQUIRED BY CA LAW AS OF JAN.2008
On this day of 2011, before me, the
undersigned, a Notary Public in and for said County and State, residing therein,
duly commissioned and swom, personally appeared
know to be the
Of and the same person whose
name is subscribed to the within instrument as the of said
And the said duly
acknowledged to me that he/she subscribed the name of
thereto as Surety and his/her own name as
IN. WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in the certificate First above written.
SEE ATTACHED NOTARY FORM REQUIRED BY CA LAW AS OF JAN.2008
Notary Public in and for said
County and State aforesaid.
If certified or Cashier's check is submitted herewith, state check number
and
Amount$
- 21 -
Collins Drive and University Drive
Traffic Signal Installation
119
CALIFORNIA ALL PURPOSE AOMOWLiF.DGMEWr
Stale of Callomla
County of SANTA BARBARA
On -� �'ate-8 t before me, JAMES KEELING NOTARY PUBLIC
or. rrMt ra
personally appeared JUDY PEAREN
or
who paved lo me on the bads of saddacilory erdderwe b
be the pelson(s)whose name(s)ie48 abeafbed to the
within inehurnad and edmowledged to me that
}(ellahef *e sailed the same in WWI*rat 01wd
capacity(fes).and that by D"WV*dpruture(s)on the
k aburnent the person(s), or the entity upon beW of
JAMES KEELING which ft parson(s)acted,awited the fr19WnBrN.
Commission# 1890205
Notary Public-California a I�y under PENALTY OF PERJURY under Via laws
My Santa Barbara County of the Slade of CaNbrrda Vw the bring P�B�Is
Comm. frea Jun 16,2014+ true and Correct
WITNESS my hand and oMclal seal.
an.ahhowrye�+aoow awdan of Reav roft
OPTIOML
7hwghereihlbmOw below IFnotRNpA dbyl KitxWproww km*JoPasantrel"onthed=&rAW
andmOpwmehauokhfentmwvatandmart wwitdrMsbrmbanodw*000onR
Deeceiptlon of Anwhod Document l
Title or lype of Doauneft
Document DDow. O J — a — l Number of Pages:
SOWN Offer Then Named Above:
C ty(1e*)Cledmcd by SWor(s)
SOMIs Nom; JUDY PEAREN Signer's NOW
❑ Ihd vkW ❑lndMduel
❑ Cownoe omcer—Twe(q ❑Corporate Officer--Title(s):
0 Partner—❑Llrtdted ❑General O Partner--❑Limited O General
❑ 1luehee Fast r'o d r ew• D Tnhahee Fact tea a a+uee hrro
El Guand(an or Conservator D louden or Consewator
❑ 011tH: 1101W.
t5OW b PAWevenow 8iww is Rewswrio q:
WESTERN SURETY COMPANY
e�N.aa�rrarraeorwen•eoeoo.sao�.,raeoasax•areo�aea atsx+arx•.�.a►�,rr�,r?eo a�.aasr r�r:orl�teaoareaev
120
Western Surety Company
POWER OR ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and Stare of South Dakota,and that it does by Yirtue of the signature and seal herein affixed hereby
make,constitute and appoint
Kimberly Kay Magno,Judy Pearen,George V Valois,Susan M Rodriguez,Laura Ann Decker,
Individually
of Santa.liarbars,CA,its tntc and lawful Attotocy(s)-in-Fact with full power and autlxxity hereby amferred to sign,seal and execute hx and on its behalf
bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bW it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corpnratirxt and all-the acts of said
Attorney,purspant to the authority hereby given,arc hereby ratified and confirmed.
I
i
This Power of Attomey is made and executed pursuant to and by auduxity of the rly-l.aw printed on the rcvcrsc ht,,=(,duly adopted,as indicated,by
the shareholders of the corporation.
i
In Witness.W bereot;WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be Hereto affixed on this 7th day of Novemba,2006.
WESTERN SURETY COMPANY
Paul. .Drufhtt,Senior Vice President
State or South f)akots
ss
j County of Minneheha
On this 7th day ofNovembcr,2006,before the personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that
;
he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument;that he knows the seal of said corporation;that the seat affixed to the said instrument is such corporate.seal;that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto purwant to like authority,and
acknowledges same to be the act and deed of said corporation.
My Commission expires i
rr D.KRELL rr
November 30,2012 �N�Y Fy43UC nil i
r SOUTH DAKOTA '
+yyhyy�M,tiyyy�,r M,44S444\�
' D.Kfetl,:No - Public
CCXr1E'tCA'fE
I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hoxeinabove set forth is still in j
force,and further certify that the By-Law of the corporation rinted on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
My name and affixed the seal of the said corporation lhii day of (�
r
r'c WE STERN SURETY COMPANY°4.10r�I
l{i
L.Nelson,Assistant Secretary
Fan F4280A9-06
121
Authorizing By-Law
ADOPTED BY THE SIiAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the sfiarcholders
of the Company.
Section 7. All bonds,policies, undertakings, Powers of Attorney, or other obligations of die corporation shalt be executed in the
corporate name of the Company by the President,Secretary,and Assistant Secretary, Treasurer,or arty Vice President, or by such other
Officers as the Hoard of Directors may authorize. The President,any Vice President, Secretary,any Assistant Secretary,or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies,or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the
corporation. The signature ofany such officer and the corporate scat may he printed by facsimile.
t
122
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Ventura
On before me, Tina Bytheway, Notary Public
Dale Here Insert Name and Me of ft Officer
personally appeared Carol Smith
Names)of Signer(s) _
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/sheAhey executed the same in his/her/their authorized
TINA BYTHEWAY capacity(ies), and that by his/her/their signature(s) on the
.� C"b"Stlon 1855377 instrument the person(s), or the entity upon behalf of
14"Pubk-California i which the person(s) acted, executed the instrument.
Ventura county
M Comm,Ex res Jul 2t,2013
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 official seal.
Signature
Mace Notary Sea$Above S" ore t of Notary Pubic
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General _
❑ Attorney in Fact MONISM ❑Attorney in Fact -
❑ Trustee Top of throb here ❑Trustee Top of fhumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 Nasonal Notary Association-1X150 De Sqo Ave.,P.O.::2402-Chatsworth,CA 913132402-www.NasoneNbtaryorq Item 85907 Reorder.Cal Tgl-8ree 1-800-876.6827
123
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Ventura
On `� y�/ before me, Tina 12. heway, Notary Public
Date Here Mhsert Name and We of the Office;
personally appeared Jarnes Marsh
Name(s)of Signe;(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
TINA SIMIEWAY he/sheAhey executed the same in his/her/their authorized
Corttmbsjoa•tt'J55377 c (es and that b his/her/their signature(s) on the
i -� floltary Publh:-California z Pa �Y(� ); Y
Wntura County instrument the person(s), or the entity upon behalf of
Comm.Ex res Ju121,2013+ 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.
WITNESS my ha d and official seal.
Signatur
Place Notary Seal Above Sknoture of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signers Name:
❑ Individual ❑Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General _ _ ❑Partner—❑Limited ❑General
❑ Attorney in Fact - • ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 Na•onaf Notary Association-9350 De Soto Ave,P.O.Boa 2402-Chatsworth,CA 913132402-~xNabonalNotary." tern 15907 reorder.CanTol-Free 1-80OV6-6927
124
MPK 11-03
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 Class A or C-10 at the time the bid is submitted to the City, and must have
satisfactorily completed at least three Southern California municipal projects in the
last five years of comparable size to the scope of this project.
Number of years engaged in providing the work included within the scope of the
specifications under the present business name: 63 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: CalTrans
Contact Individual: Hassan Mannaa Phone No. 818-364-2760
Address: 100• S. Main St. Los Angeles, CA
Contract Amount: $8,300,000.00 Year: February, 2010
Description of work done:
Lighting Mod, Traffic Signal Installation on Freeway 23
Reference No. 2
Customer Name: CalTrans
Contact Individual: Hassan Mannaa Phone No. 818-364-2760
Address: loo S.. Main St. Los Angeles, CA
Contract Amount: $4,200,000.00 Year March 2009
Description of work done:
Lighting Mod, Traffic Signal Installation on Freeway 5 & 14
Santa Clarita. CA
Reference No. 3
Customer Name: CalTrans
Contact Individual: Hassan Mannaa Phone No. 818-364-2760
Address: 100 S. Main St. Los Angeles, CA
Contract Amount: $ Boo,000.00 Year November 2009
Description of work done:
Lighting Mod, Traffic Signal Installation on Topanga Canyon
-22 -
Collins Drive and University Drive
Traffic Signal Installation
125
MPK 11-03
STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
(Cont'd)
STATE OF CALIFORNIA, COUNTY OF Ventura
am the President
Of
Taft Electric Company , the bidder herein. I have read the foregoing
statement and know the contents thereof, and I 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 3/14/2011 at
Califomia.
(date) (place)
I declare, under penalty of perjury, that the foregoing i rue nd correct:
Signa ure 6f Bidder
James Marsh
President
Title
Signa re oYllidder
Carol Smith
Secretary
Title
- 23 -
Collins Drive and University Drive
Traffic Signal installation
126
MPK 11-03
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 X
2. If Yes, explain the circumstances.
Executed o 3/14/2 011 at .Ventura , California.
I decl der penalty of perjury, that the foregoing is true and correct.
Signatu s of Authorized Bidder. Signatures) of Authorized Bidder
James arsh Carols Smith
President Secretary
Title Title
- 24 -
Collins Drive and University Drive
Traffic Signal Installation
127
MPK 11-03
QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following-questions and submit with-the proposal.
1. Were bid depository or registry services used in obtaining subcontractor bid
figures in order to compute your bid? Yes( ) No (X)
2. If the answer to No. 1 is "yes", please forward a copy of the rules of each
bid depository you used with this questionnaire.
3. Did you have any source of subcontractors' bids other than bid
depositories? Yes ( ) No (x)
4. Has any person or group threatened you with subcontractor boycotts, union
boycotts or other sanctions to attempt to convince you to use the services
or abide by the rules of one or more bid depositories? Yes ( ) No (X)
5. If the answer to No. 4 is"yes", please explain the following details:
(a) Date:
(b) Name of person or group:
(c) Job involved (if applicable):
(d) Nature of threats:
(e) Additional comments: (Use additional paper if necessary)
We declare under penalty of perjury that the foregoing is true and correct.
Dated this 14 day of March , 2011.
Taft lect I is Company
Name f C pany
By
James ar
President
Title
By
Carol Smith
Secretary
Title
-25 -
Collins Drive and University Drive
Traffic Signal Installation
128
MPK 11-03
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 Specific Description of
1
Which License Subcontract and !
Subcontractor is No. & Class Business Address Portion of
Licensed The Work to be Done
Toro Enterprises 716580 511 Buena Vista, CA Concrete Curb Ramps
Interstate triping 838 118 391 Dryden St Signing & Striping
ouea
ii
Sign of Bidder 314/2011 Date Signature(s) of Bidder 3/14/2011
t
James Marsh Carol Smith
President Secretary
Title Title
ALL SIGNATURES MUST BE NOTARIZED
Attach or Affix Executed Acknowledgement Form
-26 -
Collins Drive and University Drive
Traffic Signal Installation
12
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Ventura
On /��� before me, Tina EY heway, Notary Public
Date 11ene 4tsW name and We of Bne Ofrim
personalty appeared James Marsh
Name(s)ot signe,fs)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/lheir authorized
capacity(ies), and that by his/her/their signature(s) on the
TINA BYThEWAY instrument the person(s), or the entity upon behalf of
1855377 which the person(s)acted, executed the instrument.
Notary PuWk-Calitornia
wmun County
Corrrrn.Expires dul 21,2013+ I 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 official seal.
Signatur � i
Place Notary Seal Above S d Notary Public
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signet(s)Other Than Named Above:
i
Capacity(lies)Claimed by Signer(s) I
Signer's Name: Signer's Name:
O Individual O Individual
❑ Corporate Officer—Title(s): O Corporate Officer—Title(s):
❑ Partner—O Limited O General _ e _ O Partner—O Limited O General
❑ Attorney in Fact O Attorney in Fact '
❑ Trustee Top of Thumb here O Trustee Top d thumb here
O Guardian or Conservator O Guardian or Conservator
❑ Other: O Other:
Signer Is Representing: Signer Is Representing:
0207 National Notary AssodaOm-9350 De Soto Ave.,P.O.Mat 2402•ChatsvKwdt.CA 91313.2402•w NBUMWNWmyong them•597 PAmi r.Ca1T0+M 1200-V&6M
130
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Ventura
On 211W,11 J before me, Tina Bytheway, Notary Public
Date Here Insert Name end Title of ere Officer
personally appeared Carol Smith
Names)of Sig-r(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
TINA BYTHEWAY he/she/they executed the same in his/her/their authorized
Commfulon# 1855377 Z capacity(ies), and that by his/herRheir signature(s) on the
Notary Pubtic-calitornia > instrument the person(s), or the entity upon behalf of
Ventura County - which the person(s) acted, executed the instrument.
M Comm.Expires Jul 21,2013
I 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 official seal.
Place Nomy seat Aeove Signature sjglr�ature of Notary Putdc
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner--❑Limited ❑General _ El Partner—❑Limited ❑General _
❑ Attorney in Fact ❑Attorney in Fact •
❑ Trustee Top d u" M here ❑Trustee Top of thurrlb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
o2007 Nab.mnw Notary Asaoctown-9350 De soto Ave.,P.O.Bou 2402•Chatswertlr.CA 9131&2402•www.Natbna94owy org Item 15907 Reorder.Cal Tall-Free 14WO476-6627
131
MPK 11-03
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 to 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.
Taft E1 ctric Company Taft Electric Company
Name of idder Name of idd r
i
Signa Vrefof Bidder James Marsh, Signature of Bidder Carol Smith,
President Secretary
1694 Eastman Ave. , Ventura, CA
Address of Bidder
ALL SIGNATURES MUST BE NOTARIZED
(Attach or.Affix Executed Acknowledgment Form)
-27 -
Collins Drive and University Drive
Traffic Signal Installation
132
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Ventura
On— .`/I6 before me, Tina DYtheway. Notary Public
Oak Hare kxserl Narne and TAIe d the Otrcer
personally appeared James Marsh
Names)d Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
TINA tirl"EWAY capacity(ies), and that by his/her/their signature(s) on the
_ Commlisba#1855377 instrument the person(s), or the entity upon behalf of
°
fit►Public-California z which the person(s) acted, executed the instrument.
=
OF: Wntura County >
Gorton.Ex ras JW 21,2013 r 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 official seal-
Si gnatur
Place 1"my seal Abase SiWftne or Ndary P"ac
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)'
Signer's Name: Signer's Name:
❑ Individual 0Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner —O Limited ❑General _ ❑Partner—❑Limited ❑General _
❑ Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 Nafonal Notary Assomfion-M5o De Sdo Ave-P.O.Box 2402-Chetswa1KCA 9131324()2-www.Na9ona*4Marywq Iteme5907 Reorder:COTol-FmetA06a7&f427
133
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Ventura
On ������ before me, Tina BytJ'eway► Notary Public
Date Here Insert Name and rAle of the Officer
personally appeared Carol Smith
Narne)s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/herAheir authorized
capacity(ies), and that by his/her/their signature(s) on the
TINA BYTHEINAY instrument the person(s), or the entity upon behalf of
_e Con o3lon t 1855377 which the person(s) acted, executed the instrument.
LIE NObrY Pobffe•California i
tRentura County I certify under PENALTY OF PERJURY under the laws
M Comm.t x Tres Jul 21,2013
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signatur6�
Place Notary Seel Above somiwe of Notary PUMC
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Individual ❑Individual
• Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
• Partner—❑Limited ❑General _ _ ❑Partner—❑Limited ❑General _
• Attorney in Fact ❑Attorney in Fact •
• Trustee rop murltb Here ❑Trustee �of tnDmb here
• Guardian or Conservator O Guardian or Conservator
• Other: ❑Other:
Signer Is Representing: Signer Is Representing:
I=National Notary Associat ion-9350 De Solo Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402-www.Nationallotery.ag Item 15907 Reorder:CaA ToY-Free 14)068766827
134
MPK 11-03
EQUAL OPPORTUNITY CERTIFICATE
THE BIDDER'S EXECUTION OF THE SIGNATURE PORTION OF THIS
PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND
EXECUTION OF THOSE CERTIFICATES WHICH ARE A PART OF THIS
PROPOSAL.
The bidder hereby certifies that the bidder and proposed subcontractor(s), if any,
have or have not participated in a previous contract or subcontract subject to the
Equal Opportunity Clause, as required by Executive Orders 11246, entitled "Equal
Employment Opportunity" as amended by Executive Order 11375, and
supplemented by Department of Labor Regulations 41 CFR, Part 60, and that,
where required, the bidder has filed with the Joint Reporting Committee, the
Director of the Office of Federal Contract Compliance, a Federal Government
contracting or administering agency, or the former President's Committee on
Equal Employment Opportunity, all reports due under the applicable filing
requirements.
Taft El ctric Company
Name o B ding Company
By
A Signature
James Marsh
President
Title (Typed)
3/14/2011
Date
-28 -
Collins Drive and University Drive
Traffic Signal Installation
135
MPK 11-03
TITLE 49, CODE OF FEDERAL REGULATIONS PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The bidder under penalty of perjury, certifies that except as noted below,
the bidder or any person associated therewith in the capacity of owner, partner,
director, officer, or manager:
is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency;
has not 'been suspended, debarred, voluntarily excluded, or
determined ineligible by any federal agency within the past three (3)
years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered
against bidder by a court of competent jurisdiction in any matter
involving fraud or official misconduct within the past three (3) years.
If there are any exceptions to this certification, insert the exceptions in the
following space.
N/A
Exceptions will not necessarily result in denial of award,, but will be
considered in determining bidder's responsibility. For any exception noted above,
indicate below to whom it applies, initiating agency, and dates of action.
The above certification is part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Certification.
Note: Providing false information may result in criminal prosecution or
administrative sanctions.
-29 -
Collins Drive and University Drive
Traffic Signal Installation
136
EXHIBIT C
NOTICE TO BIDDERS, CONTRACT, PROPOSAL AND SPECIFICATIONS FOR
THE CONSTRUCTION OF
Collins Drive and University Drive
Traffic Signal Installation
Specification No. MPK 11-03
This document will be available for viewing in the
Large Conference Room of the Moorpark City Hall
137