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Home My WebLink AboutAGENDA REPORT 2007 0221 CC REG ITEM 10Ir ia.�. � C11 Clty Counci: Meet.. - of a /-boo AC1710N: -�Y: MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Yugal K. Lail, City Engineer /Public Works Director Prepared by- Ken Gilbert, Public Works Consultant DATE: February 8, 2007 (CC Meeting of 2- 21 -07) SUBJECT: Consider Award of Contract for the Construction of the Los Angeles Avenue/Tierra Rejada Road Parkway Improvement Project and a Resolution Amending the Fiscal Year 2006/07 Budget to Revise Funding for the Projects DISCUSSION A. Background In September of 2005 the City Council directed staff to proceed with design development for the subject project. Staff retained the services of a landscape architect. The project plans were completed and in December of 2006 the City Council approved the plans and specifications and authorized staff to advertise the project for receipt of bids. B. Project Scope The location and limits of the project are generally depicted on the maps attached as Attachment 1. The various se.g. ments of the work are listed as follows: - -. Street Side !Limits Type Los Angeles Ave. F South I W/O Butter Creek to Tierra Rejada Rd_ Parkway i h - - - -- -- - --- - - - -- ....�. t -.- - -- — — - Los Angeles Ave. _ South ;Tierra Rejada Rd. to FJO Maureen Ln_� Paricw — -- Tierra Rejada Rd. _ , --- L. A Ave to Courtney _ _ Median Tierra Rejada Rd. West L. A Ave to S/O Harvester _ _ _ Parl, aY *Reconstruction of the existing median landscaping just south of Los Angeles Avenue. 000059 city share/public mrks/everyone/staff reports1LA_TR_Pky_LS_aM_0702 Honorable City Council February 21, 2007 Page 2 C. Bid Results/Analysis Sixteen construction firms purchased the plans and specifications. Of that number, eight bids were received, and opened on January 23, 2007. The low bidder is Tropical Creations, Inc. of Northridge, California. The low bidder, Tropical Creations, possesses the necessary qualifications, and experience to perform the work and additionally, is a responsive and responsible bidder. The bid results are as follows: No. Bidder Amount 1 Tropical Creations, Northridge $514,292.40 2 Genesis Paving & Landscaping, Syimar $588,990.62 3 General Pavement M mt., Santa Paula $612,879.87 4 Cinary Construction, Calabasas $697,386.31 5 Toro Enterprises, Oxnard $808,934.00 6 Environmental Construction, Woodland Hills $823,190.00 7 G Coast Construction, Encino $947,487.00 8 Freeway Electric, Riverside $986,054.50 A summary of the bid results is attached as Attachment 1. The Engineer's estimate is $670,747.00. Fiscal Impact 1. Project Cost Estimate: The current total project cost estimate is as follows: Description Design Construction Bid Plus 10% Contingency Construction Total Inspection Total Prior Year Costs Current FY Costs Total Est. Cost $9,008 $24,992 $34,000 Description $514,292.40 FY 06/07 Budget Total Appropriations $51,429 $9,008 $36,899 $565,722 $602,621 $0 $4,000 $4,000 $45,907 $594,714 $640,621 Note: Prior year costs include replacement of parkway trees and related hardscape reconstruction on the east side of Tierra Rejada Road, south of Los Angeles Avenue. 2. Current Budget. The current FY 06/07 Budget is as follows: By Work Category: Description Prior Year Costs FY 06/07 Budget Total Appropriations Design $9,008 $20,992 $30,000 Construction $36,899 $221,775 $258,674 Inspection $0 $5,000 $5,000 Total $45,907 $247,767 $293,674 000090 city share/public works /everyone /staff reports /LA_TR_Pky_LS_awd_0702 Honorable City Council February 21, 2007 Page 3 By Fund: Fund 2150: Trees & Landscape 2300: AD84 -2 2501: L A Ave AOC 2605: Gas Tax Total Prior Year Costs FY 06107 Budoet Total AoDroDriations $14,462 $17,538 $32,000 $7,315 $0 $7,315 $6,162 $212,690 $218,852 $17,968 $17,539 $35,507 $45,907 $247,767 $293,674 Note: The Fund 2300 appropriation represents monies deposited into this Fund which were received from a Developer as remediation for tree damage caused by that developer. 3. Budget Amendment. It is necessary to amend the FY06 /07 Budget to fully fund the project. A Resolution (Attachment 2) is attached for that purpose. A summary of the proposed Budget amendment is as follows: By Work Category: Description Design Construction Inspection Total By Fund: Fund 2150: Trees & Landscape 2300: AD84 -2 2501: L A Ave AOC 2605: Gas Tax Total Current Budget Change Revised Budget $20,992 $4,000 $24,992 $221,775 $361,485 $583,260 $5,000 ($1,000) $4,000 $247,767 $364,485 $612,252 Current Budget Change Revised Budget $17,538 $0 $17,538 $0 $0 $0 $212,690 $382,024 $594,714 $17,539 ($17,539) $0 $247,767 $364,485 $612,252 4. Revised Total Project. With the above recommended changes, the total appropriations, including prior years costs, are as follows: By Work Category: Description Design Construction Inspection Total By Fund: Fund 2150: Trees & Landscape 2300: AD84 -2 2501: L A Ave AOC 2605: Gas Tax Total Prior Year Costs $9,008 $36,899 $0 $45,907 Prior Year Costs $14,462 $7,315 $6,162 $17,968 $45,907 Revised Revised FY06 /07 Budget Total Appropriations $24,992 $34,000 $583,260 $620,159 $4,000 $4,000 $612,252 $658,159 Revised Revised FY 06/07 Budget Total Appropriations $17,538 $32,000 $0 $7,315 $594,714 $600,876 $0 $17,968 $612,252 $658,159 000091 city share/public wvorks /everyone /staff reports /LA_TR_Pky_LS_avd_0702 Honorable City Council February 21, 2007 Page 4 E. Schedule and Contract Administration It is anticipated that construction will commence in March, and be completed by June 2007. City staff, assisted by consultant Ken Gilbert, will administer the contract and provide inspection services. STAFF RECOMMENDATIONS (ROLL CALL VOTE) 1. Award a construction contract (Attachment 4) to Tropical Creations, Inc., and authorize the Mayor to execute the construction contract in the amount of $514,292.40 for the subject project; 2. Authorize the City Manager to amend the construction contract for project contingencies in an amount not to exceed $51,429 if and when the need arises for extra work and services; 3. Adopt the attached Resolution No. 2007- revising the funding for the subject project. Attachments: 1 Location Map 2 Bid Results 3 Resolution 4 Contract city sharetpublic works/everyone/staft reports/LA_TR_Pky_LS_awd_0702 0 0009" �- T7--- - i l! i -I -r l l� TER CREEK R l _ ::E -_ 1 J .� i ■ i o + 1 J', ■ Legend -} - — ■ ■■■moss Parkway Landscape Construction ! / \ • I I , Median Landscape Re- consructlon v. I I� I I °� � � I I ■ Tierra Rejada Road oomsmysssss�s� ` fJv 0 S E t ;- ' -i�N Cr I� �al TH 4 G-H f D - ■ j- r _ -._ ■ avE i ! �1.. - - - -- I I i , I i � I BEEN ry ■ ■ ■ ■ ■ ■ Attachment 1 r- 0 D cn cD (D D (D C I GpncEgi I f 000093 City of Moorpark Attachment 2 Bid Results- Los Angeles Ave./Tierra Re3ada Rd. Parkway Landscaping Project Page I of 3 Bidder » »> Vendor I Vendor 2 Name Engineer's Estimate Tropical Creations, Inc Genesis Paving do Landscaping Bid Opening: January 23, 2007 Address 18555 F.ddy Street 13369 Dronfield Avenue Cit, State Northridge, UA 91324 Sylmar, CA 91342 Tel. No.. (818) 885 -5000 (818) 364 -5000 Contact Person. Chris Sturm Roger Goodman Item Description Est Qty Units Unit Cost Total Bid Unit Cost Total Bid Unit Cost Total Bid 1 Traffic Control I LS 35,000 00 35.000 00 16.000.00 16,000 00 10,000.00 10,000 00 2 Storrnwater Pollution Contrl I I.S 5,00000 5.000.00 1,00000 1,000.00 20,000.00 20,000 00 3 Removals I LS 35,000 00 35.000 00 98,000 00 98.000 00 28,000.00 28,000.00 4 Water Service I LS 15,000 00 15.000 00 38.000 00 38,000 00 12,000.00 12,000.00 5 Tree Grate 100 EA 1,50000 150,000.00 85000 85,000.00 1,250.00 125,000.00 6 Pavers 7,646 SF 1500 114.69000 6 80 51 ,992.80 17.47 133.575.62 7 PCC Sidewalk 798 SF 5.00 3.99000 420 7,341 60 1398 11,156.04 8 Irrigation System I I.S 175,000.00 175,000 00 109,90600 109,90600 133,000 00 133,00000 9 Planting I LS 130,000.00 130,000 00 98,545 00 98,54500 81,852 00 81,852 00 10 Mamt. Phase 112 months) 12 EA 500.00 6,00000 620.00 7,440.00 2,778.33 33,339.96 11 Caltrans Permit I EA 1,066.00 1,06600 1,066.00 1,066.00 1,066.00 1,066.00 12 Release on Contract I I.S 1.00 100 100 1 00 1 00 100 Total 670,747,00 514,292.40 598,990.62 000094 000095 Attachment 1 City of Moorpark Page 2 of 3 Bid Results. Los Angeles Ave./Tierra Rejada Rd. Parkway Landscaping Project Bidder » »> Vendor 3 Vendor 4 Vendor 5 Name: General Pavement Management Cinary Construction Co , Inc Toro Enterprises Bid Opening- January 23. 2007 Address: 240 Quail Court 4024 Lom Springs Drive 511 Buena Vista Avenue Cit, State Santa Paula, CA 93060 Calabasas Hills, CA 91301 Oxnard, CA 93030 Tel. No . (805) 933 -0909 (818) 880 -6772 (805) 483 -4515 Contact Person: Gordon Miller Ramon Balderas Sean Castillo Item Description Est Qty Units Unit Cost Total Bid Unit Cost Total Bid Unit Cost Total Bid 1 Traffic Control I LS 8,750.00 8.75000 6.08790 6,08790 70,000.00 70,000 00 2 Stormwater Pollution Contrl I LS 2,100.00 2,10000 25,285 05 25,285.05 6,000.00 6,000.00 3 Removals I LS 80,598.00 80,598 00 144529.35 144,529 35 133,000.00 133,000.00 4 Water Service I LS 2,000.00 2,000.00 22,811 25 22,811 25 35,000.00 35,000.00 5 Tree Grate 100 EA 725.81 72.581.00 938.70 93,87000 1,250.00 125.000.010 6 ?avers 7,b4b sl: 15.04 114,945 84 937 71,643.02 17.00 129,982.00 7 PCC Sidewalk 798 SF 6.00 4.78800 0 10 63 8,482.74 7.50 5,985.00 8 Irrigation System I LS 142.0 00.00 142,000 00 150,15000 150,15000 120,000.00 120,000.00 9 Planting 1 LS 148,0 00.0 0 148,000 00 147,0X10 00 147,000 00 164,000 0X1 164,000.00 10 Maint. Phase (12 months) 12 EA 3,000.00 36.000 00 2,205.00 26,460.00 1,575.00 18,900.00 11 Caltrans Permit I EA 1,066.00 1.066.00 1,066.00 1,066.00 1,066.00 1,06600 12 Release on Contract I LS 1 00 1.00 1 W 1.00 1.00 100 Total 61 2,879.84 697,386.31 808,934.00 000095 000090 Attachment 2 City of Moorpark Page 3 of 3 Bid Results: Los Angeles Ave./Tierra Rejada Rd Parkway Landscaping Project Bidder »»> Vendor 6 Vendor 7 Vendor 8 Name- Environmental Construction, Inc Nye & Nelson, Inc G Coast Construction, Inc. Bid Opening January 23, 2007 Address 21550 Oxnard Street, #1050 1860 Eastman Avenue, #108 5461 Encino Avenue Cit, State. Woodland Hills, CA 91367 Ventura, Ca 93003 Encino, CA 91316 Tel. No.. (818) 449 -8920 (805) 654 -1682 (818) 907 -9246 Contact Person: Est Qty Units Fand Soroudi Ruric Nye F7n Levi Item Descnption Unit Cost Total Bid Unit Cost Total Bid Unit Cost Total Bid I Traffic Control I LS 20,000 00 20,000.00 46.000 00 46,000.00 10,000.00 10,00000 2 Stormwater Pollution Contrl I I.S 5,00000 5,000.00 8.00000 8,000.00 5,00000 5,000.00 3 Removals I LS 271,51500 271,51500 136.000.00 136,000.00 325,000.00 325,000.00 4 Water Service I LS 43,300 00 43,300 00 16.000 00 16,000 00 10,000 00 10,000.00 5 Tree Grate 100 EA 1,10000 110,000 00 860.00 86,000 00 600.00 60,000.00 6 Pavers 7,646 SI 1500 114,690 00 1700 129,982 00 1000 76,460 00 7 PCC Sidewalk 798 SF 11 00 8,77800 1000 7,980.00 20.00 15,960.00 8 Irrigation System I LS 125,850.00 125,850 00 217,000 00 217,000 00 320,000.00 320,000 00 9 Planting I LS 116,990 00 1 16.990 00 227,000 00 227,000 00 112.000.00 112,000.00 10 Maint Phase (12 months) 12 EA 50000 6,000.00 3,80000 45,600.00 1,00000 12,000 00 11 Caltrans Permit I EA 1,06600 1.06600 1,06600 1,066.00 1,06600 1,066.00 12 Release on Contrict I LS 100 1 00 100 1.00 1 00 1.00 Total 823,190.00 920,629.00 947,487.00 000090 Attachment 3 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2006/07 BUDGET TO REVISE THE APPROPRIATIONS AND BUDGET AMOUNTS FOR PROJECT 8033: LOS ANGELES AVENUE/TIERRA REJADA ROAD PARKWAY LANDSCAPING PROJECT [L. A. AVE. AOC FUND (FUND 2501) AND GAS TAX FUND (FUND 2605)] WHEREAS, on June 21, 2006, the City Council adopted the Budget for Fiscal Year 2006/07; and WHEREAS, a staff report has been presented to the City Council requesting a budget adjustments in the aggregate amount of $364,485; and WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describe said budget amendments and their resultant impacts to the budget line item(s). 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 $364,485 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. PASSED AND ADOPTED this 21 Sc day of February, 2007. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit 'A': Appropriation and Budget Detail 000091; Resolution No. 2006- EXHIBIT A BUDGET AMENDMENT FOR Project 8033: Los Angeles Avenue / Tierra Rejada Road Parkway Landscaping Project FY 2006 -2007 FUND ALLOCATION FROM: Fund Account Number Amount L. A. Ave. AOC 2501 -5500 $ 382,024.00 Gas Tax 2605 -5500 $ 17,539.00 1,000.00 $ - 2501- 8310 - 8033 -9601: Design $ 18,992.00 Total 6,000.00 $ 364 485.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2150- 8310- 8033 -9601: Design $ 1,000.00 $ 1,000.00 $ - 2501- 8310 - 8033 -9601: Design $ 18,992.00 $ 6,000.00 $ 24,992.00 2605 - 8310 - 8033 -9601: Design $ 1,000.00 $ 1,000.00 $ - Sub -Total $ 20,992.00 $ 4,000.00 $ 24,992.00 2150- 8310 - 8033 -9640: Const $ 15,538.00 $ 2,000.00 $ 17,538.00 2501 -8310- 8033 -9640: Const $ 190,698.00 $ 375,024.00 $ 565,722.00 2605 - 8310 - 8033 -9640: Const $ 15,539.00 $ 15,539.00 $ - Sub -Total $ 221,775.00 $ 361,485.00 $ 583,260.00 2150- 8310- 8033 -9650: Ins p. $ 1,000.00 $ 1,000.00 $ - 2501- 8310 - 8033 -9650: Ins p. $ 3,000.00 $ 1,000.00 $ 4,000.00 2605 - 8310 - 8033- 9650:Insp $ 1,000.00 $ 1,000.00 $ - Sub -Total $ 5,000.00 1 $ 1,000.00 $ 4,000.00 Total $ 247,767.00 1 $ 364 485.00 1 $ 612 252.00 FY 06107 APPROPRIATIONS BY FUND Fund Current Budget Revision Amended Budge 2150: Trees and Landscaping $ 17,538.00 $ - $ 17,538.00 2501: L. A. Ave. AOC $ 212,690.00 $ 382,024.00 $ 594,714.00 2605: Gas Tax $ 17, 539.00 $ 17, 539.00 $ - Total $ 247 767.00 $ 364L485.00 $ 612 252.00 Approved as to Form: city share /public works /everyone /staff reports /2006 /Dec/Sig_lntercon_Budget_A 0 0 v V 9 h Attachment 4 AGREEMENT (Public Works Contract) THIS AGREEMENT, made and entered into this day of , 2007, in the County of Ventura, State of California, by and between the City of Moorpark, a municipal corporation (hereinafter "Agency ") and, Tropical Creations, Inc. (hereinafter "Contractor"). WHEREAS, the City Council of the City of Moorpark at a meeting held on the 21st day of February, 2007, authorized the Mayor to enter into this Agreement after public bidding in accordance with California Public Code Section 20160, et seg. NOW, THEREFORE, it is hereby agreed by and between the parties that: Defined Terms 1.1 Terms used in this Agreement which are defined in the General Provisions and Special Provisions have the meaning assigned to them in the General Provisions and Special Provisions of the Contract Documents and Specifications. 2. Scope of Work 2.1 The Contractor shall furnish all of the labor, materials, tools, equipment, services and transportation necessary to perform all of the work described as follows: Construction of landscaping and irrigation as set forth in the plans and specifications for the Los Angeles Avenue/Tierra Rejada Road Parkway Landscaping Project — Specification No. MPK 07 -06 (hereinafter referred to as 'work "). 2.2 The Contractor shall perform all of the work in strict accordance with the Contract Documents as enumerated in Article 8 hereof. 2.3 The Contractor shall be liable to the Agency for any damages arising from, or as a result of, a failure to fully comply with the Contract Documents. Contractor shall not be excused with respect to any failure to so comply by any act or omission of the Agency, its officers, employees or agents, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Contract Documents. 3. Schedule 3.1 The Contractor shall commence the work on the date stated in the Notice to Proceed and shall diligently pursue the work to completion within sixty (60) working days thereafter, and upon the work schedule, if any, as specified in the Special Page 1 of 9 000094 city share/public works/everyone/LA_TR Pkwy LS/Tropical Creations Agreement MPK 07 -06 Provisions, except as such time may be extended in writing by the Agency in accordance with the Specifications, time being of the essence. 4. Liquidated Damages 4.1 If the Contractor fails to complete the work, or any portion thereof, within the time period required by Article 3 herein or as duly extended in writing by the Agency, he shall forfeit and pay to the Agency, as liquidated damages, the sum of five hundred dollars ($500) per day for each calendar day the work, or portion thereof, remains uncompleted after the above specified completion date. The liquidated damages shall be deducted from any payments due or to become due to the Contractor under the terms of this contract. [Government Code Section 53069.85] Progress payments made by the Agency after the above specified completion date shall not constitute a waiver of liquidated damages by the Agency. 5. Contract Price 5.1 The Agency shall pay to the Contractor as full consideration for the faithful performance of the contract entered into by this Agreement, subject to any additions or deductions as provided in the Contract Documents the sum of five hundred and fourteen thousand, two hundred and ninety -two dollars and 40 cents, ($514,292.40), said sum being the total amount of the amounts stipulated in the Contractor's Proposal attached as Exhibit "A" of this Agreement. 6. Payments 6.1 If the Special Provisions do not provide for progress payments, the Contractor shall be paid within thirty -five (35) days after Contractor furnishes Agency with a release of all undisputed contract amounts, if required by Agency, and final acceptance of the work by the City Council. 6.2 If progress payments are to be made pursuant to the Special Provisions, Contractor shall submit the required monthly statement to the Engineer commencing on the 5th day of month after the Agency issues the Notice To Proceed and, iff required by the Engineer, a release of all undisputed contract amounts related to said statement. 6.3 In the event there is any claim specifically excluded by Contractor from the operation of the release, there shall be retained by Agency an amount not to exceed the amount of the disputed claim. [P.C.C. Section 71001 7. Legal Requirements 7.1 Pursuant to California Labor Code Section 1810, et seq., eight (8) hours labor constitutes a legal day's work. Contractor shall forfeit as a penalty to Agency the sum of $25.00 for each worker employed in the execution of the contract by Contractor or any subcontractor for each calendar day during which such worker is Page 2 of 9 0001 «0 city share/public works/everyone/ A_TR Pkwy LS/Tropical Creations Agreement MPK 07 -06 required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Labor Code Section 1815. [Labor Code Section 1813] 7.2 (A) Copies of the determination of the Director of the Department of Industrial Relations of the rate of per diem wages for each craft, classification or type of worker needed to execute the contract are on file in, and available at, the office of the City Clerk 799 Moorpark Avenue, Moorpark, California 93021. [Labor Code Section 1773.2] (B) The Contractor shall post at the work site, for the duration of the contract, a copy of the determination of the specified prevailing rate of per diem wages. [Labor Code Section 1773.2] (C) The Contractor, and any subcontractor, under the Contractor, shall pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. [Labor Code Section 1771 ] The Contractor shall have responsibility for compliance with California Labor Code Section 1776 relative to the retention and inspection of payroll records. [Labor Code Section 1776] 7.3 The Agency shall withhold penalties and forfeitures from payments due to the Contract for noncompliance with the California Labor Code [Labor Code Section 1727]. 7.4 Nothing in this contract shall prevent the Contractor or any subcontractor from employing properly registered apprentices in the execution of the contract. The Contractor shall have responsibility for compliance with California Labor Code Section 1777.5 for all apprentice occupations. [Labor Code Sec. 1777.51 7.5 Neither the Contractor, nor any subcontractor under the Contractor, shall discriminate in the employment of persons upon the work because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex 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] 7.6 Contractor shall, at Contractor's sole expense, obtain all necessary permits and licenses for the work and give all necessary notices and pay all fees and taxes required by law. 7.7 All bonds provided by the Contractor to satisfy the terms of the specifications shall be issued by an admitted surety insurer. 8. Contract Documents and Specifications Page 3 of 9 000101 City share/public works/everyone/LA_TR Pkwy LSff rop cal Creations Agreement MPK 07 -06 8.1 The contract entered into by this Agreement consists of the following Contract Documents and Specifications, all of, which are component parts of the contract as is herein set forth in full or attached hereto: Notice Inviting Sealed Bids Instructions to Bidders Proposal, as accepted :e:m Agreement (Public Works Contract) Payment Bond (Labor and Material) Performance Bond Contractors Certificate Regarding Workers' Compensation Standard Specifications, identified as the Standard Specifications for Public Works Construction (Green Book), Most Recent Edition State Standard Specifications, identified as the California Department of Transportation Standard Specifications, Most Recent Edition Special Provisions Location Maps and Quantity Charts [see Appendices] Addenda Nos. — None Other documents (i.e. Permits, Referenced Specifications, etc., list here). 9. Independent Contractor 9.1 The Contractor is and shall at all times remain as to the Agency a wholly - independent Contractor. Neither the Agency nor any of its officers, employees, or agents shall have control over the conduct of the Contractor or any of the Contractors officers, employees, servants, agents or subcontractors, except as set forth in the Contract Documents and Specifications. The Contractor shall not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors, are in any manner officers, employees, agents or subcontractors of the Agency. 10. Indemnification Page 4 of 9 000102 city share /public works/everyone /LA_TR Pkwy LS/Tropical Creations Agreement MPK 07 -06 10.1 The Contractor hereby agrees to indemnify, defend and hold harmless the Agency, and its officers, employees, servants and agents from and against any and all claims, liability, loss, damage, cost, and expense, including court costs and attorneys' fees, whether or not litigation be commenced, of whatever nature or type, that the Agency or any of its officers, employees or agents, may hereinafter suffer, incur, be put to pay or lay out by reason of: (1) Any injury or death to any person or damage to any property sustained or alleged to have been sustained as a result of the work, or the performance thereof, contemplated hereby, or any defect in material, equipment or workmanship that becomes evident within one year after the date of recordation of the notice of completion. (2) Any other act or omission of the Contractor, its agents, representatives or other persons who are at any time engaged in the course of work or in the repair, replacement or restoration of any portion of the work made necessary by any defect in material or workmanship including, but not limited to, subcontractors, laborers, materialism and suppliers; or (3) Any breach or default of the Contractor in the performance of its obligations hereunder. 10.2 The aforesaid Indemnification and Held Harmless Agreement shall not include any claims of liability arising from the established sole negligence or willful misconduct of the City or its officers, employees, servants or agents. 10.3 The aforesaid Indemnification and Held Harmless Agreement shall apply regardless of whether or not the insurance policies specified in this agreement or other Contract Document shall have been determined to be applicable to the claim, liability, loss, damage, cost or expense. 11. Insurance 11.1 Contractor shall not commence the work until he shall have purchased, at his sole expense, from one or more good and responsible companies doing insurance business in the State of California and shall have furnished to the City Clerk certificates of all insurance required under this Article and such insurance shall have been approved by the Agency as to form, amount and terms; nor shall Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required on the subcontractor shall have been so obtained and approved. Each such policy of insurance shall be maintained in full force and effect for the duration of the contract and shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation or amendment of the policy for any reason whatsoever, the City Clerk shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before the expiration, cancellation or amendment is effective. 00010.3 Page 5 of 9 city share /public works/everyone/LA_TR Pkwy LS/Tropical Creations Agreement MPK 07 -06 11.2 Contractor, and every subcontractor, shall provide comprehensive liability insurance in which the Agency is the named insured or is named as an additional insured. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: (1) Insure the Agency and its officers, employees, servants and agents from claims for damages for personal injury to any person, including death, and for damage to the property of any person which may arise or result from Contractor's or any subcontractor's execution of the work or other obligation under the execution of the work or other obligation under the Contract Documents, whether such execution be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either Contractor or any subcontractor. (2) Provide the minimum limits set forth in the Specifications. (3) Be written on an occurrence basis. (4) Be primary to the City's liability insurance. (5) Be issued by an insurer with a Best's rating of A:VII or better and be licensed to do business in the State of California. (6) State a deductible amount that is acceptable to the City. 11.3 Contractor, and every subcontractor, shall provide complete workers' compensation insurance in accordance with the requirements of Section 3800 of the California Labor Code. If any class of employees engaged in the work is not protected under any workers' compensation law, Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection not otherwise protected. Contractor shall indemnify, defend and hold harmless the Agency and its officers, employees, servants and agents from any claim resulting from failure of either Contractor or any subcontractor to take out or maintain such insurance. 12. Agency's Right to Terminate 12.1 If the Contractor refuses or fails to prosecute the work or any separable part thereof with such diligence as will insure its completion within the time specified or any extension thereof, or fails to complete said work within such time, or if the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the work in the time specified, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or instructions of the Page 6 of 9 000104 city sharetpuDhc worksleveryone/LA_TR Pkwy LS/Tropical Creations Agreement MPK 07-06 Agency, or otherwise breach any reasons for such intention to terminate, the Agency may terminate this agreement. Unless within five (5) days after the service of a notice of intent to terminate the agreement, such condition or violation shall cease or satisfactory arrangements for the correction thereof be made, this contract shall upon the expiration of said five (5) days, cease and terminate. In such case, Contractor shall not be entitled to receive any further payment until the work is finished. 12.2 Performance by Surety or Agency. In event of any such termination, the Agency shall immediately serve written notice thereof upon surety and Contractor, and surety shall have the right to take over and perform this contract, provided, however, that if surety within five (5) days after service upon it of said notice of termination does not give the Agency written notice of its intention to take over and perform this contract or does not commence performance thereof within ten (10) days from the date of serving such notice, the Agency may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of Contractor, and he and his surety shall be liable to the Agency for any excess cost or other damages occasioned the Agency thereby. If the Agency takes over the work as hereinabove provided, the Agency may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant, and other property belonging to the Contractor as may be on the site of the work and necessary therefore. Additional Costs of finishing work, including compensation for additional engineering, architectural, managerial, and administrative services, shall be paid to the Agency, without prejudice to any other rights or remedies available at law or in equity to the Agency. 13. Notice 13.1 Whenever it shall be necessary for either party to serve notice on the other respecting the contract, such notice shall be served by registered mail, postage prepaid, return receipt requested, addressed to: City of Moorpark Attn: City Manager 799 Moorpark Avenue Moorpark, CA 93021 and to the Contractor at: Page 7 of 9 000105 city share/public works /everyonelLA_7R Pkwy LSlfropicai Creations Agreement MPK 07 -06 Tropical Creations, Inc. Attn: Chris Sturm 18555 Eddy Street Northridge, CA 91324 unless and until different addresses may be furnished in writing by either party to the other. 13.2 Notice shall be deemed to have been served seventy -two (72) hours after the same has been deposited in the United States postal service. This shall be a valid and sufficient service of notice for all purposes. 14. Assignment 14.1 The Contractor shall not assign the performance of the contract, nor any part thereof, nor any monies due or to become due hereunder, without the prior written consent of the Agency. It is understood and acknowledged by the parties that the contractor is the lowest responsible bidder qualified to perform the work. 14.2 Subject to the provision of this Article regarding assignment, the contract shall be binding upon the heirs, executors, administrators, successors, and assigns of the Contractor. 15. Venue The City and Consultant understand and agree that the laws of the State of California shall govem the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall be filed in the applicable court in Ventura County, California. 16. Miscellaneous Provisions 16.1 Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the Agency in order that proper steps may be taken to have the change reflected in the Contract Documents. 16.2 The contract shall be effective from and after the date that this Agreement is signed by the representatives of the Agency. 16.3 The captions of the articles, sections, subsections, paragraphs and subparagraphs of the Contract Documents are for reference only and are not to be construed in any way as a part of the contract. 16.4 The remedies contained in this agreement are cumulative, and in addition to and not limitation of, any remedy at law or in equity to which the City may be entitled. 000106 Page 8 of 9 city share /public works everyone /LA_TR Pkwy LS/Tropical Creations Agreement MPK 07 -06 17. Entire Agreement 17.1 The Contract Documents integrate all terms and conditions in connection with the work called for herein and supersede all negotiations and prior understandings, either oral or in writing, in respect to the subject matter hereof. 17.2 The Contract Documents are intended to be complimentary. Work required by one of the Contract Documents and Specifications and not by others shall be done as if required by all. 17.3 Each and every provision of law and clause required to be inserted into the Contract Documents shall be deemed to be inserted therein, and if through mistake or otherwise any such provisions is not inserted, or is not inserted correctly, then upon application of either party, the Contract Documents shall forthwith be amended in writing to make such insertion or correction. 17.4 The Contract Documents shall not be amended except by a writing duly executed by the parties. IN WITNESS WHEREOF, the parties; hereto have caused this Agreement to be executed the day and year first above written. CITY OF MOORPARK By: Patrick Hunter, Mayor Date: ATTEST: Deborah Traffenstedt, City Clerk Date: Page 9 of 9 city shore/pubMc wwrks/ewayorWLA_TR Pkwy LSrrraocal Creabons Apreemovt TROPICAL CREATIONS, INC. (a 1—�— Chris Sturm, President Date: LJ 2 1()� 000:1U1 MPK 07-06 Exhibit A MPK 07 -06 CITY OF MOORPARK DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION PROPOSAL FOR L. A. Ave. / Tierra Rejada Rd. Parkway Landscape Project 15- LA / TR Pwkway LS 0612 00010 h MPK 07 -06 DEPARTMENT OF PUBLIC WORKS PROPOSAL FOR L. A. Ave. / Tierra Rejada Rd. Parkway Landscape Project Specification No. MPK 07 -06 Bids to be received on January 23. 2007, at 3:00 P.m- Completion Time: 50 Consecutive Working Days After Receipt of Notice to Proceed Liquidated Damages $500 Per Calendar Day Number of Pages Proposal 15 CONTRACTOR Name Tropical Creations Incorporated Street Address 18555 Eddy Street City Northridge State CA Zip Code 91324 Telephone Number 818- 885 -5000 Fax Number 818 - 885 -5554 (Optional) 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 16 THROUGH 31 FULLY EXECUTED WITH THIS PROPOSAL - 16- LA I TR Parkway Ls_0612 000109 MPK 07 -06 LIST OF DOCUMENTS TO BE SUBMITTED WITH PROPOSAL FOR L. A. Ave. I Tierra Rejada Rd. Parkway Landscape Project Instructions For Signing Proposal, Bonds, and Contract ............................... Page 18 Contractor's Proposal Statement ......... ............................... ........................... Page 19 Proposed Schedule of Work and Prices.......................... ........ ....................... Page 20 Bidder's Bond to Accompany Proposal ............................. ...........................Page 22 Form to Accompany Bid Bond ......... ............................. ............................... Page 23 Statement of Bidder's Qualifications and References .... ............................... Page 24 Statement of Bidder's Past Contract Disqualifications .... ............................... Page 26 Questionnaire Regarding Subcontractors ....................... ............................... Page 27 Bidder's Statement of Subcontractors and Material Fabricators .................... Page 28 Non - collision Affidavit .............................. ............................... ..................... ... Page 29 Equal Opportunity Certificate ...................... ............................... ............... . .... Page 30 Title 49, Code of Federal Regulations Part 29 Debarment and Suspension Certification ................... ............................... ........................... Page 31 -17- LA 1 TR Pafkway LS 0612 000110 MPK 07 -06 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 seat 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 furnished 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 Attomey -in- fact and apply surety's seal and provide address and telephone number of said surety. PLEASE ADHERE TO THE APPLICABLE SIGNING INSTRUCTIONS 7 18- U1 I TR Parkway LS_0612 000111 MPK 07-06 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 instnictions to bidders, and hereby proposes to furnish all materials and to do all the work required to complete such work in accordance with such Plans and Specifications for the prices set forth in this Proposal. The undersigned has carefully checked all the figures in this Proposal and understands that City will not be responsible for any error or omission on the part of the undersigned in preparing this bid nor will City release the undersigned on account of such error or omission. The undersigned swears or affirms under penalty of perjury that the information regarding the Contractor's License is true and correct. The undersigned further agrees that in case of default in executing the required Contract within the applicable ten (10) calendar days or thereafter failing to provide the necessary bonds, within ten (10) calendar days after the contract has been fully executed, the proceeds of check or bond accompanying the bid shall become the property of the City of Moorpark. Licensed in accordance with an act providing for the registration of Contractor's License No. 769375 Class C -27 Expiration Date 05/31/2008 Names of Co- Partners or Corporate Officers and Titles: Chris Sturm, President & Secretary Signature of Bidder ____ ._.L --- Y..LL. \....4....... . ............... ......................President Signature of Bidder ......L..x, `� 1....5.1. L. � .... .............:................. Name of Contractor or Firm Date of Submittal 01/22/07 &41-7 Tropical Creations, Inc. Telephone No. 81$ 885 -5000 Address 18555 Eddy Street, Northridge, CA 91324 Corporation CA Doing Business as lndividuaVPortnership /Corporation State of Incorporation Federal Tax Identification Number. 95- 4884511 ALL SIGNATURES MUST BE NOTARIZED (Attach or Affix Executed Acknowledgement Form, and Corporate Seal If Applicable -19- u 1 TR Pa*Way LS 061 2 000112 CALIFORNIA • ACKNOWLEDGMENT �:�:�i�t� r.' ✓'.� r.t .\t r\<!. �:�f�r�: �'i�C.a Tt!)�:. wC. � \: A•v. ►,t�T <.nNwf.nt�� <. wC.,I,t.1�'T i.V. Tf! \C � t KT:�nf q .\f•TN:. State of California County of I_t>5 1 On D Date personally appeared n fib) /L D personally known to me (or proved to me on the basis of satisfactory evidence) to be the personl/whose name(4 is1Wsubscribed to the BRENOA WOOTiEN within instrument and acknowledged to me that Corrxr koon 8 t4W228 he /sW/thpty executed the same in his/hef Aair authorized -• Notary PJAc - CatiforrTio _ capaclty(io, and that by hisAvOttloir signatureXon the Los AngeW Cant' instrument the person is), or the entity upon behalf of MyCcrnm.E>e hxMoy7,20M which the person(sf acted, executed the instrument. my hand and official seal. Place Noury Seal Above nvML I ;),Yms�� SUnature of NdI c 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 Title or Type of D Document Date: ' " -0,;k `lam -7 Number of Pages: Signer(s) Other Than Named Above: Sa/Y_4_Q_ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual f.l Corporate Officer — Title(s): Cl Partner — LJ Limited fl General n Attorney in Fact Top of thumb nere ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing I iI u Signer's Name: ❑ Individual [ l Corporate Officer — Title(s): U Partner — [I Limited 0 General L i Attorney in Fact F 1 Trustee L' Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT rHUr,l?PI',T nF jiCd,iER Too of tnumt) nere O 2006 NauorM Notary Aswaabon - 9350 De Sob Ave. P O Box 202 . Chatewortn CA 91313'2402 Item No 5907 Reoroer Call To]'-Free 1.606676-0627 00011-11 MPK 07 -06 \ PROPOSED SCHEDULE OF WORK AND PRICES FOR L. A. Ave. ! Tierra Reiada Rd. Parkway Landscape ProLt Item Payment Unit No. Reference Description Qty Unit Price Total 702 -7 Traffic Control 1 LS 1 ........16,000.W 703 -2 Stormwater Pollution 1 LS 2 Prevention ..........1 000.00 704-6 Removals 1 LS 3 ........98 000.00 705 -5 Water Service 1 LS 4 ........38 000.00 706 -5.1 Tree Grate 100 I EA 5 ..............850.00 ........ 85,000.00 706 -5.2 Pavers 7,646 SF 6 ..................6.80 ........51 992.80 706 -5.3 PCC Sidewalk 798 SF 7 707 -2 Irrigation System 1 LS 8 .....109 906.00 708 -5.2 Planting 1 LS 9 ........98.545.00 708 -5.3 Maintenance Phase 12 EA 10 12 Month Payments 620.00 ......... 7,440.00 701 -13 Caltrans Permit 1 EA 1,066.00 1,066.00 11 709 -2 Release on Contract 1 LS 1.00 1.00 12 Total Amount of Bid $ 514,292.40 ContractoCs Name Tropical Creations, Inc. .20. LA / TR Parkway LS_0612 000114 MPK 07-06 PROPOSED SCHEDULE OF WORK AND PRICES L A. Ave. / Tierra Rejada Rd. Parkway Landscape Project 'ADDITIONS/DEDUCTIONS TOTAL AMOUNT BID $514,292.40 Bid Item No. New Total Addition for: Addition for: Addition for: Deduction for: Deduction for: Deduction for: Adjusted Total Bid Amount: $514,292.40 Adjusted Total Bid Amount in Words: fifehundredfouMeenhousandtwohundredninetytwoand40 /100 "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 each addendum or may enter the word "None" if appropriate.) I make this Proposal and certify under penalty of perjury that all the statements in this proposal that 1 have signed are true and correct. C tra o s Name Tropical CreationsLnc. C R 's Name C kl�t( 9"4" ...........01 /22/07 ............01 122/07 ........ .. ..................... Signature Date Signature Date President Secretary Title Title AAE L.A / iR Parkway LS_W12 000115 MPK 07 -06 BIDDER'S BOND TO ACCOMPANY e PsROhePcOk1SAL LA AVE. /TIERRA WIAI.DOfCP8F6Ce�t MWaPhAW s8PfWG PROJECT KNOW ALL PERSONS BY THESE PRESENTS: Thatwe, TROPICAL CREATIONS. INC. , as Principal, and LINCOLN GENERAL INSURANCE COMPANY , as Surety, acknowledge ourselves jointly and severally bound to the City of Moorpark, the obligee, for ten (10) percent of the total bid, to be paid to the City if the Proposal shall be accepted and the Principal shall fail to timely provide the City with complete DBE information as required by in the project Special Provisions, (if applicable), or fails to execute the Contract tendered by the City within the applicable time specified in the Bid Terms and Conditions, or fails to furnish either the required Faithful Performance or Labor and Material Bonds, or fails to furnish evidence of insurance as required in the Standard Specifications, then this obligation shall become due and payable, and Surety shall pay to obligee, in case suit is brought upon this bond in addition to the bond amount hereof, court costs and a reasonable attorney's fee to be fixed by the court. If the Principal executes the contract and furnishes the required bonds and evidence of insurance as provided in the contract documents, this bond shall be extinguished and released. It is hereby agreed that bid errors shall not constitute a defense to forfeiture. WITNESS our hands this 9 t h day of January / �66�. 2007 TROPICAL CREATIONS, INC. Contr r By Title Y St By r Title (e C►� LINCOLN GENE AL INSURANCE COMPANY Surety Carol Strum Attorney -in -fact -22- LA ! TR Parkway LS 0612 000116 CALIFORNIA • ACKNOWLEDGMENT .:< ..<r,: P<! , \f!:{(r.:; . :,v.:.vy. vTr.:: .a✓i<�:.<1.<.c <.:; �t / :ir.'i. <!Iny.: a:;r.: <raT; ::; .I State of California Countv of Los A U personally known to me YVM proved to me on the basis of satisfactory evidence) to be the person(s) whose nameA is/aWsubscribed to the within instrument and acknowledged to me that BRENDA WOOTTEN ` he / *OAt ey executed the same in his"r/t,0eir authorized CornndzIon if 1488226 [ capacity(jp4, and that by hisi'twApeir signaturejA on the Notary Pubic - caUorr f instrument the personal, or the entity upon behalf of County p,�,�,�L � which the person acted, executed the instrument. Puce Notary Sam Awve OPTIONAL my hand and gtficial seal. Signature orNmary Puhec Though the information below is not required by few, 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 D6cu t Title or Type of Document:`` I Document Date: ~ Da — V \\ - Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: El Individual Signer's Name: [I Individual ),C,_ 00011 :' CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Stateof California County of Ventura AN January 9, 2007 DATE before me, John Strum, Notary Public NAME. TITLE OF O "ICER - E G. 'JANE DOE. NOTARY PUBLIC- personally appeared Carol Strum NAME(S) OF SIGNER(SI ® personally known to me - OR - ❑ 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 ac- knowledged to me that he /she/they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JOHN STRUM 2, COMM. # 1560426 Q =t NOTARY PUMIC_-CAL16RN1AQ VLNTI;RA COUNTY A CO^,nn. 141' A Tit 13. 2009-' WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmF(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: N E OF PE" s) On Exrnyf M LINCOLN GENERAL INSURANCE COMPANY retying on the document and could prevert DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT 1 NUMBER OF PAGES 01/09/07 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0001IS LINCOLN GENERAL INSURANCE COMPANY POAIR OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS; That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Coninmriwealih of Pennsylvania, does hereby nominate, constitute and appoint: Carol Strum Its true and lawful Attomey(s) - in- Fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature, and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby given arc hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, scaled and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4i" day of September, 200?. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorneys) -iii -Fact to data, execute sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representanons of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing or photocopying. IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corporate seal to be affixed and these presents to be signed by its duly authorized officers this 15" dny of October, 2004. 1NS�`4'4 Secretary �oM*t ?`.o ':� 1977 ':o ;o• # •o. vK'rj�. On this 15° day of October, 2004, before me personally came John T. Clark, to me known, who being duly sworn, did depose and say: that he is the President of the Corporation described in and which executed the above instrument: that he knows the seal affixed to the aforesaid instttntrcrit is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company, and that he executed the said instrument by like order and authority and the same was his free act and deed. The Commonwealth of Pennsylvania York County tx)v IlALSEAL RB*E L KRNACSY• YORK C17KYORK COMaY — MV C inarAnion Eq*m Oct 29, 200/ I, Gary J. Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed *the seal of said Company, at York, Pennsylvania, this 9th_dayof January 2007 ;F to! oo�o— :R►. 1977 0 1 or secretory 000114 -a_ Ame 717-757-M FAX / 717-M 4M 3350 Whitr* i fRd,P.O. B= 3709, Yank PA 17402 -0136 Bond No. BID BOND TERRORISM RIDER NOTICE — FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ( "the Act'), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 000120 MPK 07 -06 FORM TO ACCOMPANY BID BOND STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of , 2006, 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 subscribed the name of own name as duly acknowledged to me that he /she thereto as Surety and his/her IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Notary Public in and for said County and State aforesaid. If certified or cashier's check is submitted herewith, state check number and Amount $ -23- LA I TR Parkway LS-061 7 000121 MPK 07 -06 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 Contractors License ( "A') at the time the bid is submitted to the City, and must have satisfactorily completed at least three Southern California municipal projects in the last five years of comparable size to the scope of this project. Number of years engaged in providing the work included within the scope of the specifications under the present business name: t t 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. Customer Name: see attached list Contact Individual: Address: Contract Amount: Description of work done: Customer Name: Contact Individual: Address: Contract Amount: Description of work done: Customer Name: Contact Individual: Address: Contract Amount: Description of work done: Reference No. 1 Phone No. Year: Reference No. 2 Phone No. Year: Reference No. 3 Phone No. Year: -24- to r 7rt Parkway LS 0612 000122 a ti"61 Ad 8 4 Qy- H 0 R I C U L T U R A L S E RV I C E S Public Works References: Count of Los Angeles PW City of Lakewood Mr. Ribhi AI'Badawi Mr Max Withrow 900 S Fremont Ave floor 5050 Clark St. ,8i" Alhambra, CA 91803 Lakewood, CA 90712 909 -975 -0044 cell phone 562.866 -9771 voice Project Name. Kenneth Hahn Slope 562- 8660505 fax r; Project Cost: $ 149,500.00 Project Name: Landscape Del Amo Blvd. 11/15/02-03/01/05 Project Cost: $151,225 00 07/30/03 - 08/31/03 a 4 Metropolitan Water District Burbank, Glendale Pasadena Airport Authority Mr. Richard Arroyo Mr. Bob Anderson 13100 Balboa Blvd. 2627 Hollywood Way , Granada Hills, CA 91344 Burbank, CA 91505 818- 832 -2178 voice 818- 840 -9456 voice 818-832-2112 fax 818- 540 -0651 fax Project Name: Landscape Maintenance Project Name: Studio Lot Landscaping t Project Cost: $750.000.00 Project Cost: $50,627.00 05/01/04 - ongoing 04/05/04 - 05/03/04 t 6 City of Agoura Hills Los Angeles Unified School District �. Mr. Chris Dodd Mr. Gary Wood 30001 Ladyface Ct. 1545 Wilshire Blvd. Ste 100 r Agoura //ills, CA 91301 Los Angels, CA 90017 5 818 -597 -7317 voice 818 -335 -5764 voice 818 -597 -7341 fax 818- 342 -3850 fax - Project Name: Histone Reyes Adobe Project Name Sprinkler Renovation Parkman Middle Project Cost: $298,500.00 School 02/01/04 - 06130 /04 Project Cost- $217,300 00 07/05/04-11/15/04 City of Los Angels - PW 01y of Los Angels PW a Mr. Win Pham Mr. Win Pham 1 149 S. Broadway, Ste 200 1 149 S. Broadway, Ste 200 i Los Angeles, CA 90015 Los Angeles, CA 90015 213 -847 -1348 voice 213- 847 -1348 voice 213- 847 -1846 fax 213- 847 -1846 fax Project Name: Westwood Village Project Name: Ventura Blvd Sidewalk Maintenance Sidewalks Project Cost. 40,000 00 Project Cost: $189.000.00 12/15/04- ongoing r 05/01/04- ongoing City of Oxnard City of Oxnard Mr. Larry Thompson 1060 Pacific Ave. Mi. Larry Thompson] 060 Pacific Ave. Oxnard, CA 93030 Oxnard, CA 93030 805 -385 -7949 voice 805 -385 -7949 voice Project Name: Rose Ave Landscape Project Name- 2°' and Sr" Street Landscape Medians Project Cost: $170.000.00 Project Cost $119.000.00 07/05 - 08 /05 01/06-02/06 voice. 818 885 5000 1.888.905.0725 a tax: 818.885.5554 18555 Eddy Street, Northridge, CA 91324-4015 www.tropicalcreations.com 4. California Contractors License No.: 769375 _ t�001ti 3 City of Los Angeles - General Services Mr. Richard Telles 555 Ramirez St., Space 150 C Los Angeles, CA 90012 213- 8474824 phone 213 -216 -4733 fax Project Name: Placita De Dolores Project Cost: S 155,000 00 05106 - 09ft City of Los Angeles - General Services Mr. Berry Saizon 555 Ramirez St., Space 150 C Los Angeles, CA 90012 213- 473 -6719 phone 213 - 847 -4824 fax Project Name. West Valley Police Project Cost: $ 29,000.00 07/06 - 07106 Ventura Unified School District Mr. Jay Bain vduca&Iwm StTvict Cents 225 W. Stanley Ave. Ventura, CA 93001 805- 642 -3641 phone 805 -642 -9614 fax Project Name: Anacapa Middle School Project Cost: $252,000.00 07/06 - 08/06 City of Los Angeles - General Services Mr. Berry Saizon 555 Ramirez St., Space 150 C Los Angeles, CA 90012 213- 473 -6719 phone 213- 947 -4R24 fax Project Name: Alameda St Project Project Cost: S 32,000.00 07106 07106 City of Los Angeles - General Services Mr. Ben Lahodny 555 Ramirez St., Space 150 C Los Angeles, CA 90012 213- 847 -4825 phone 213 -495 -0516 fax Project Name: Stone House Project Cost- $ 74,000 00 07/06 - 07100 ri 000124 MPK 07-06 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES (Cont'd) STATE OF CALIFORNIA, COUNTY OF �OS 17kL Ir �1e� am the R e 1 I AY,✓tr —f' Of I Vd ! 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 12-Z / Q : at 6 h w ,California. (date) (pla } declare, under penalty of perjury, that the foregoing is true and correct. 0— Signature of Bidder President Te Signature of Bidder Secretary Title -26- LA I TR Partway LS 0612 OOOJL25 CALIFORNIA • ACKNOWLEDGMENT ✓.. .�N:< !:�! __ :�< /nt':�N, ai. �:�Na. :� "�ti ..t .�f t!at �tr:C. a.Ny,:!.�t ..t'n:'. State of California /� County of �'S ANSS On ^�a _C51 before me, r u6) Dale ` ono True of 011roar (e p . • e .Notary Pudc'1 personally appeared `J 1 r Cm r BRENDA WOOTTEN _ ConxriWton 11488228 Notary PutAdc - Cotifornia _ WLos Aar OW% County 1MVC0rnm,E4*95MW7.2M8L 0 personally known to me V-(,9r proved to me on the basis of satisfactory evidence) to be the person04 whose name(s) is/cqi subscribed to the within instrument and acknowledged to me that helstyd/thVy executed the same in his/Vr/(lteir authorized capacity(iV, and that by his/hgPJ Mir sgnatureof on the instrument the person(W, or the entity upon behalf of which the person acted, executed the instrument. 17E haZ icial seal. Puce Notary seat Above of N Fr Vic 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 DoctA Title or Type of Document: Document Date: ) — ^^ y `0 7 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Cl Corporate Officer — Title(s): ❑ Partner — L7 Limited U General _ ❑ Attorney in Fact U Trustee Top of thumb here F1 Guardian or Conservator F1 Other: Signer Is Representing IL � Signer's Name: 11 Individual F-1 Corporate Officer — I I Partner — ❑ Limited ❑ Attorney In Fact Title(s): ❑ General ❑ Trustee U Guardian or Conservator F1 Other: _ Signer Is Representing: Top o1 thumb here RIANK 5 1 u _ 0 2006 National Notary Association • 19) De Soto Ave. PO Box 2402 • Chstsworin. CA 91313 2402 nom No 5907 Reorder Call ToFFree 1- 900 - 976-0927 0001AZ G MPK 07-06 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 on �Z Z� at 'R , Califomia. I declare, under penalty of perjury, that the foregoing is ue and correct. nature(s) of Authorized Bidder S gnature(s) of Authorized Bidder President Secretary Title Title -26- LA ! iR Parkway Ls_0612 (;`0012 MPK 07-06 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 ix) 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( ) 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 i� ) 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 22nd day of January, 2007 , 28ees --z 00-7 Tropical Creations, Inc Na f mpany By President Title (,, By Secretary Title -27- l A ! TR Parkway Ls 0612 600128 MPK 07-06 BIDDER'S STATEMENT OF SUBCONTRATORS AND MATERIAL FABRICATORS Without exception, the bidder is required to state the name and address of each subcontractor and the portion of the work which each will do as required by Section 2 -3, "Subcontracts ", of the Standard Specifications and in conformance with Public Contracts Code, Sections 4100 to 4113, inclusive Without limiting the generality of the foregoing, any contractor making a bid or offer to perform the work, shall set forth in the Proposal: (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one -half of one percent of the prime contractor's total bid; and (b) The portion of the work which will be done by each subcontractor. The prime contractor shall list only one subcontractor for each portion. The undersigned submits herewith a list of subcontractors in conformance with the foregoing: Name Under Which Subcontractor is License Licensed No. & Class Nelson Concrete Sawing 455732 Adobe Company 513780 BC Rincon 775327 Specific Description of Subcontract and Portion of Business Address The Work to be Done 4565 E. Industrial Ave., Simi V. Sawcutting 1730 N. Ventura Ave., VenturTarucking 67 E. LA Loma, Somis Asphalt Patching W-k ... 01 /22/2007 . .........0006 6......................01 /22/07 Signatures) of Bidder Date Signature(s) of Bidder Date President Secretary Title Title ALL SIGNATURES MUST BE NOTARIZED Attach or Affix Executed Acknowledgement Form -28- LA / TR Parkway LS 0612 00014 CALIFORNIA • ACKNOWLEDGMENT r.: s�r.:�: ..rf�r!.: ..e.� ✓a.:. s�r..�r •<v:r. �.: .r : <. a:�.;r<. .%.< :�:. r •��;:.... r. :r :(t .: Stai COL On per; U personally known to me �11,4r proved to me on the basis of satisfactory evidence) to be the person(pt) whose name(A) is/ao subscribed to the BRENDA wOOTTEN within instrument and acknowledged to me that CorYwftyon / 14sam he/sWelltoy executed the same in his,1)6r/Mir authorized y Nokxy Pubic - Ca/tornio Los Ar omm County - capaciry(i�), and that by his/h4r/tbt3ir signature(aljon the WComm.EU MW7.200lf instrumefit the persorl,(dJ, or the entity upon behalf of which the personx acted, executed the instrument. WI hand and official seal. P4ce Nobly Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law. it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Jr- Description of cement: eq ► S 1 w 1 -� `m � Title or T of Document: A �f'lY1�p�y� JJl 1 Document Date: ' — 02 —y Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact IR,oFu-, here ❑ Trustee LJ Guardian or Conservator fl Other: Signer Is Representing Signer's Name: CJ Individual Cl Corporate Officer — [ ] Partner — Ll Limited U Attorney in Fact CJ Trustee Title(s): ❑ General I7 Guardian or Conservator I I Other: Signer Is Representing: tMU -0 Nil It IT C. 5 GNF t 0 2006 National Notary Asaocuton • 9350 De Sob A". PO Box 2402 • Chatsworm. CA 91313.2402 Item No 5907 Reorder Coo Toa-Free 1-800-876.8627 MPK 07-06 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. Tr cal Creations Inc. N M,7Lr_ 19nature of Bidder � ax�� Bidder Signature of Bidder 18555 Eddy Street, Northridge, CA 91324 Address of Bidder ALL SIGNATURES MUST BE NOTARIZED (Attach or Affix Executed Acknowledgment Form) -29- LA / TR Parkway LS-051 2 0001v.r1 CALIFORNIA ALL-PURPOSE State of California County of On personally L7 personally known to me Vnlr proved to me on the basis of satisfactory evidence) to be the person(s) whose name is/E0 subscribed to the _ BRENDA WOOrIEN within instrument and acknowledged to me that j f Corr'""I� 8 t'�� he /stA/thgy executed the same in his/ha(/thoir authorized -„ Notary R#c - Callomia Loa i rVow County capacity(), and that by hislt�dF/1t it signature(�f on the 1WComrn.E4tw W7.2004 instrument the person(sr, or the entity upon behalf of which the person(p+j acted, executed the instrument. my hand and official eal. Place Notary Seal Above SgrWUre of Notary Public OPTIONAL Though the fnfom►atton below is not required by law. it may prove valuable to persons retying 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: Signer(s) Other Than Named Above: ncm- e0 U Capacity(ies) Claimed by Signer(s) Signer's Name: U Individual U Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General ❑ Attorney in Fact • . ❑ Trustee Top of thumb here ❑ Guardian or Conservator U Other: Signer Is Representing: Number of Pages: Signer's Name: L-1 Individual rJ Corporate Officer — Title(s): _ ❑ Partner — n Limited D General ❑ Attorney in Fact L 1 Trustee ❑ Guardian or Conservator ❑ Other- Signer Is Representing: Top of thumb here 0 2006 NaWrlei Notary Assmabon • 9350 Da Soto Ave Po Boy 210? • Chatsworth. CA 91313 2402 nem No. 5907 Reorder Call tdFFree 1.800- a766827 t c... MPK 07 -06 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. Tropical Creations, Inc. Name of Bidding Company By Authorized Signature President Title (Typed) 01/22/07 Date -.30- LA ! TR Parkway LS_0612 tJ 001.E 3