HomeMy WebLinkAboutAGENDA REPORT 2007 0620 CC REG ITEM 09C I rB4 q . G'
City Council Meeting
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ACTION:
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Yugal K. Lail, City Engineer/Public Works Director
Prepared by: Dave Klotzle, Assistant City Engineer
DATE: June 5, 2007 (CC Meeting of 6-20-07)
SUBJECT: Consider Award of Contract and Public Outreach for the Construction
of a Pedestrian Smart Crosswalk System on Moorpark Avenue (SR-23)
at Second Street
DISCUSSION
A. Background
The intersection of Moorpark Avenue and Second Street has high vehicular and
pedestrian traffic. A survey conducted in October, 2006 found that there were
899 vehicles (5:00 — 6:00 p.m.) traveling through the crosswalk, and 42
pedestrians (1:00 -2:00 p.m.) using the crosswalk. Due to the increasing
number of pedestrians that patronize the neighborhood shopping center on the
west side of the intersection, there is a need to improve the safety and visibility
of the crosswalk at this location. The subject project will construct roadway
features that will make the crosswalk and pedestrians more visible to vehicular
traffic, especially at night and in poor weather conditions.
The City sought and received approval of a TDA Article 3 (bicycle / pedestrian
facilities) grant to fund a portion of the construction costs for this project. Staff
then retained the services of a consultant civil engineer to prepare plans and
specifications for the construction of the project. The City applied for and
obtained an encroachment permit from Caltrans for the work within State right-of-
way.
In November of 2006 the City Council approved the plans and specifications for a
project to install an In-Road Lighted Crosswalk on Moorpark Avenue (SR-23) at
Second Street and authorized staff to advertise for receipt of construction bids.
()FS 0
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Honorable City Council
June 20, 2007
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B. Public Outreach
A requirement of the Caltrans Encroachment Permit is for the City to conduct a
public outreach effort to inform the surrounding community of the new crosswalk
installation. Door hangers with the project information were distributed to nearby
residents and businesses. The information was printed in both English and
Spanish and included a notice for the date and time of this council meeting. The
intent of the public outreach effort is to raise awareness and encourage the use of
the in-road lighted crosswalk for improved pedestrian safety.
C. Project Scope
The proposed improvements will include a) the relocation of the existing
crosswalk from the south side of the intersection to the north side, in order to
eliminate conflicts with the existing driveway and utility boxes; b) installation of
in-pavement flashing lights with pedestrian push buttons; and c) an overhead
flashing beacon. This project is identified in the FY 2006/07 Budget as Project
8064.
D. Bid Results/Analysis
Construction bid packages were requested from eleven contractors from which six
bids were received, and opened on June 4, 2007. The low bidder is Republic
ITS, Inc., the City's signal maintenance contractor. Republic ITS, Inc. possesses
the necessary qualifications and experience to perform the work. Their bid was
responsive to the requirements of the bid documents and they have been found
to be a responsible bidder. The bid results are as follows:
No. Bidder Amount
1 Republic ITS Inc., Novato $74,241.00
2 Freeway Electric, Riverside $76,076.00
3 Christopher Morales, Industry $84,679.00
4 TDS Engineering, Westlake Village $85,306.00
5 Traffic Signal Maintenance, Car enteria $89,853.00
6 Steiny and Co., Baldwin Park $95,712.00
The analysis of bids is attached as Attachment 1. The Engineer's estimate is
$85,001.00.
E. Environmental
A Notice of Exemption was prepared and filed with the County Clerk's Office in
accordance with the California Environmental Quality Act.
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F. Fiscal Impact
1. Project Cost Estimate: The current total project cost estimate is as follows:
Description Prior Year Costs Current FY Costs Total Est. Cost
Design $13,339 $6,266 $19,605
Construction
Prior costs $689
Bid Amount $74,241
Plus 10% Contingency $7,424
Construction Total $0 $82,354 $82,354
Inspection $0 $3,000 $3,000
Total $13,339 $91,620 $104,959
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 $13,339 $17,025 $30,364
Construction $0 $97,940 $97,940
Inspection $0 $10,000 $10,000
Total $13,339 $124,965 $138,304
Fund Breakdown:
Fund Prior Year Costs FY 06/07 Budget Total Appropriations
2602:TDA Article 3 Grant
Design $0 $0 $0
Construction $0 $25,600 $25,600
Inspection $0 $0 $0
Total $0 $25,600 $25,600
2603:TDA Article 8A
Design $13,339 $16,866 $30,205
Construction $0 $59,740 $59,740
Inspection $0 $9,000 $9,000
Total $13,339 $85,606 $98,945
2501: L A Ave AOC
Design $0 $159 $159
Construction $0 $12,600 $12,600
Inspection $0 $1,000 $1,000
Total $0 $13,759 $13,759
Total $13,339 $124,965 $138,304
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June 20, 2007
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3. Budget Surplus: It is anticipated that there will be a budget surplus upon
completion of this project. Upon completion of the project, all unexpended
appropriations will be returned to funding sources. A breakdown of the
anticipated budget surplus is as follows:
Fund Total Appro. Est. Actual Est. Surplus
2602: TDA Article 3 Grant
Design $0 $69 ($69)
Construction $25,600 $25,600 $0
Inspection $0 $0 $0
Total $25,600 $25,669 ($69)
2603: TDA Article 8A
Design $30,205 $6,198 $24,007
Construction $59,740 $44,153 $15,587
Inspection $9,000 $1,500 $7,500
Total $98,945 $51,851 $47,094
2501: L A Ave AOC
Design $159 $0 $159
Construction $12,600 $12,600 $0
Inspection $1,000 $1,500 ($500)
Total $13,759 $14,100 ($341)
Total $138,304 $91,620 $46,684
G. Schedule
It is anticipated that construction will commence in July 2007, and be completed by
September 2007.
STAFF RECOMMENDATIONS
1. Award a construction contract (Attachment 2) to Republic, ITS, Inc., and authorize the
City Manager to execute the construction contract in the amount of $74,241.00 for the
subject project;
2. Authorize the City Manager to amend the construction contract for project
contingencies in an amount not to exceed $7,500 if and when the need arises for
extra work and services.
Attachments:
1 Bid Analysis
2 Contract
3 Public Outreach Flyer
SAPublic Works\Everyone\Staff Reports\2007\June\2nd Street crosswalk_Awd.doc
City of Moorpark Attachment 1
Bid Analysis:Second Street Lighted Crosswalk Project Page 1 of 3
Bidder»»> Vendor 1 Vendor 2
Bid Opening: Name: Engineer's Estimate Republic ITS Inc. Freeway Electric
June 4,2007 Address: 371 Bel Marin Keys Blvd.#200 5942 Acorn Street
Cit,State: Novato,CA 94949 Riverside,CA 92504
Tel.No.: (415)884-3000 (951)710-1000
Contact Person: James Wagner Brian Mendoza
Item Description Est Qty Units Unit Cost Total Bid Unit Cost Total Bid Unit Cost Total Bid
I Traffic Control 1 LS $10,000.00 $ 10,000.00 $ 1,500.00 $ 1,500.00 $ 3,000.00 $ 3,000.00
2 Stormwater Pollution Control 1 LS $ 3,500.00 $ 3,500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00
3 PCC Curb Ramp 3 EA $ 3,500.00 $ 10,500.00 $ 5,000.00 $ 15,000.00 $ 5,200.00 $ 15,600.00
4 Signing&Striping 1 LS $ 6,000.00 $ 6,000.00 $ 9,000.00 $ 9,000.00 $ 10,000.00 $ 10,000.00
5 Ped.Smart Xwalk System 1 LS $55,000.00 $ 55,000.00 $ 48,240.00 $ 48,240.00 $ 46,975.00 $ 46,975.00
6 Release on Contract 1 EA $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00
Total $ 85,001.00 $ 74,241.00 $ 76,076.00
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Attachment 1
City of Moorpark Page 2 of 3
Bid Analysis:Second Street Lighted Crosswalk Project
Bidder»»> Vendor 3 Vendor 4 Vendor 5
Bid Opening: Name: Christpoher R.Morales,Inc. TDS Engineering Traffic Signal Maintenance
June 4,2007 Address: 15100 E.Nelson Avenue 2899 Agoura Road,Suite 171 5367 Ogan Road
Cit,State: Industry,CA 91744 Westlake Village,CA 91361 Carpinteria,CA 93013
Tel.No.: (626)968-3771 (805)371-4639 (805)684-5054
Contact Person: Christpoher R.Morales David R.Wuertz Robert Eaton
Item Description Est Qty Units Unit Cost Total Bid Unit Cost Total Bid Unit Cost Total Bid
I Traffic Control 1 LS $ 3,000.00 $ 3,000.00 $ 15,000.00 $ 15,000.00 $ 2,000.00 $ 2,000.00
2 Stormwater Pollution Control 1 LS $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 2,000.00 $ 2,000.00
3 PCC Curb Ramp 3 EA $ 2,500.00 $ 7,500.00 $ 1,500.00 $ 4,500.00 $ 8,000.00 $ 24,000.00
4 Signing&Striping 1 LS $ 9,000.00 $ 9,000.00 $ 9,000.00 $ 9,000.00 $ 10,000.00 $ 10,000.00
5 Ped.Smart Xwalk System 1 LS $64,678.00 $ 64,678.00 $ 56,305.00 $ 56,305.00 $ 51,852.00 $ 51,852.00
6 Release on Contract 1 EA $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00 $ 1.00
Total $ 84,679.00 $ 85,306.00 $ 89,853.00
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Attachment 1
City of Moorpark Page 3 of 3
Bid Analysis:Second Street Lighted Crosswalk Project
Bidder»»> Vendor 6
Bid Opening: Name: Steiny and Company,Inc.
June 4,2007 Address: 12907 East Garvey Avenue
Cit,State: Baldwin Park,CA 91706
Tel.No.: (626)338-9923
Contact Person: Richard Tesoriero
Item Description Est Qty Units Unit Cost Total Bid Unit Cost Total Bid Unit Cost Total Bid
1 Traffic Control 1 LS $ 500.00 $ 500.00 $ $
2 Stormwater Pollution Control 1 LS $ 500.00 $ 500.00 $ $
3 PCC Curb Ramp 3 EA $11,450.00 $ 34,350.00 $ $
4 Signing&Striping 1 LS $ 9,746.00 $ 9,746.00 $ $
5 Ped.Smart Xwalk System 1 LS $50,615.00 $ 50,615.00 $ $
6 Release on Contract 1 EA $ 1.00 $ 1.00 $ - $ -
Total $ 95,712.00 0.00 0.00
Attachment 2
AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN THE CITY OF
MOORPARK AND REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC.
FOR SECOND STREET PEDESTRIAN SMART CROSSWALK SYSTEM PROJECT,
MOORPARK, CA
THIS AGREEMENT, made and entered into this day of
, 20 , in the County of Ventura, State of California, by and
between the City of Moorpark, a municipal corporation (hereinafter "Agency") and,
(hereinafter"Contractor").
WHEREAS, the City Council of the City of Moorpark at a meeting held on
day of , 20 , authorized the Mayor and City
Clerk 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:
1. 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 Pedestrian Smart Crosswalk System measures set forth in the
plans and specifications (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 fifty (50) working
days thereafter, and upon the work schedule, if any, as specked in the Special
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 seventy-
four thousand, two hundred and forty-one dollars ($74,241.00), 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, if 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 7100]
7. Legal Requirements
7.1 Pursuant to California Labor Code Section 1810, et seg., 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
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. 1777.5]
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
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
Bid Bond
Agreement(Public Works Contract)
Payment Bond (Labor and Material)
Performance Bond
Contractor's 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, May 2006.
Special Provisions
Location Maps [see Appendices]
Addenda No. 1
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
'��l J
subcontractors, are in any manner officers, employees, agents or subcontractors of
the Agency.
10. Indemnification
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 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 subcontractor;
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 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 I sin addition to any other rights or remedies that the
Indemnities 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 discretaion, 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 B attached hereto and
incorporated herein by this reference as though set forth in full.
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
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 the City of Moorpark, 799 Moorpark
Avenue, California, 93021 and to the Contractor at:
aJ-L8
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
15.1 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 This Agreement is made in three (3)duplicate originals.
16.4 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.
16.5 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.
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y'Jt�y; S i
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 REPUBLIC ITS
By:
Mayor of City of Moorpark Name
Date:
Title
Date:
ATTEST:
Deborah Traffenstedt
City Cleric of the City of Moorpark
Date:
Exhibit A
MPK 05-06
DEPARTMENT OF PUBLIC WORKS
PROPOSAL
FOR
Second Street Pedestrian Smart Crosswalk System Project
Specification No. MPK 05-06
Bids to be received on June 4. 2007, at 3:00 a.m.
Completion Time: 50 Consecutive Working Days After Receipt of. Notice to
Proceed
Liquidated Damages $500 Per Calendar Day
Number of Pages Proposal 16
CONTRACTOR
Name ` Q 'Gn Serma Inc .X
Street Address 5'71 M I ► L�) h�M 5 NO
City N0VA D State �� Zip Code
Telephone Number VT Is) RE4 . .3xo
Fax Number X41 S 1 294. 4 W (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 15 THROUGH 30 FULLY EXECUTED WITH THIS PROPOSAL
Second Street Pedestrian Smart Crosswalk System -15- Moorpark Avenue
MPK 05-06
t
a
LIST OF DOCUMENTS
i
TO BE SUBMITTED WITH PROPOSAL
FOR
Second Street Pedestrian Smart Crosswalk System Project
Instructions For Signing Proposal, Bonds, and Contract................................Page 17
Contractor's Proposal Statement...................................................................Page 18
Proposed Schedule of Work and Prices...................................................... Page 19
Bidder's Bond to Accompany Proposal..........................................................Page 21
Form to Accompany Bid Bond .......................................................................Page 22
Statement of Bidder's Qualifications and References.....................................Page 23
Statement of Bidder's.Past Contract Disqualifications........ . Page 25
Questionnaire Regarding Subcontractors ....... ........ ........Page 26
Bidder's Statement of Subcontractors and Material Fabricators....................Page 27
Non-collision Affidavit................................................ .....................................Page 28
Equal Opportunity Certificate.............. ..............................I.........................Page 29
Title 49, Code of Federal Regulations Part 29 Debarment and
Suspension Certification .............................................................................Page 30
Second Street Pedestrian Smart Crosswalk System -16- Moorpark Avenue
MPK 05-06
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 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 furnished a
notarized power-of-attorney 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 .
Second Street Pedestrian Smart Crosswalk System -17- Moorpark Avenue
�r '��
MPK 05-06
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 J
examined the Plans and Specifications and read the accompanying instructions to
bidders, and hereby proposes to furnish all materials and to do all the work required to
complete such work in accordance with such Plans and Specifications for the prices set
forth in this Proposal.
The undersigned has carefully checked all the figures in this Proposal and
understands that City will not be responsible for any error or omission on.the part of the
undersigned in preparing this bid nor will City release the undersigned on account of such I
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.
Licen e m accordance with an act providing for the registration of Contractor's License
No.!SA ClassA410i 631 Expiration Date (42 2zOl?
Names of Co-Partners or Corporate Officers and Titles ,'SPA Q,> QC`If�GQ
Signature of Bidd
A U)i-oi 4P
Title
Signature of Bidder
Titl
Name of Contractor or Firm a of Submittal��l � 2007
175 Telephone No. (1/s W,
Address 'J� .� �)Q,lr yJ�OCO I NOY ui IA W749.
Doing Business as IndividuaVPartnershhiip�/yCorporation State of Incorporation
Federal Tax identification Number.
ALL SIGNATURES MUST BE NOTARIZED
(Attach or Affix Executed Acknowledgement Form,
and Corporate Seal if Applicable
Second Street Pedestrian Smart Crosswalk System -18- Moorpark Avenue
tj
MPK 05-06
PROPOSED SCHEDULE OF WORK AND PRICES
FOR
Second Street Pedestrian Smart Crosswalk System Project
Item Payment Unit
No. Reference Description Q Unit Price Total
1 Sec. 702-8 Traffic Control 1 LS
r; / s�(� o�
Sec. 703-2 Stormwater Pollution 1 LS
2. Control
Sec. 704-4 PCC Curb Ramp 3 EA
3. 000- a /!�9 ate,
Sec. 705-7 Signing and Striping 1 LS
4.
q coo. 00
Sec. 706-14 Pedestrian Smart 1 LS
5 Crosswalk System
yB zyo.ea � o�
6. Sec. 707-2 Release on Contract 1 1 EA 1.00 1.00
Total Amount of Bid $ � / 4 0
Contractor's Name (TS
Second Street Pedestrian Smart Crosswalk System -19- Moorpark Avenue _
MPK 05-06
PROPOSED SCHEDULE OF WORK AND PRICES
Second Street Pedestrian Smart Crosswalk System Project
*ADDITIONS/DEDUCTIONS
7y
TOTAL AMOUNT BID �r
Bid Item No. New Total
Addition for
Addition for + t
Addition for: +
Deduction for. -
Deduction for -
Deduction for - r
Adjusted Total Bid Amount: V _
/• o a
.Adjusted Total Bid Amount in Words:s�u�ry�v2 e�s.�d T o��t)
**Sales Tax Tax Adjustment(If Applicable)
* Provisions are made for the bidder to include additions or deductions in
price for bid Rem(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
A 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 I have signed are true and correct.
Contractor's Name �TS Contractor's Name
ature JRMS A. Q9<rW Date Signatur IN L ( S�3i�Ol-
Date % 511311 o�-
VV r
Title Title
Second Street Pedestrian Smart Crosswalk System -:20- Moorpark Avenue
MPK 05-06
BIDDER'S BOND TO ACCOMPANY PROPOSAL
(in lieu of cash, certified or cashier's check)
KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and
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 shah 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 day of 2007.
Contractor
By
Title
By
Title
Surety
By
Second Street Pedestrian Smart crosswalk System -21 - Moorpark Avenue
A,
MPK 05-06
FORM TO ACCOMPANY BID BOND
s
STATE OF CALIFORNIA )
COUNTY OF ) SS.
CITY OF )
On this day of 2006, before me, the
z
undersigned, a Notary Public in and for said County and State, residing therein,
duly commissioned and sworn, personally appeared
know to be the
Of and the same person whose name is subscribed to the
within instrument as the of said
And the said duly acknowledged to me that
he/she subscribed the name of thereto as Surety
and his/her own name as
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in the certificate first above written.
Notary Public in and for said
County and State aforesaid.
If certified or cashier's check is submitted herewith, state check number 1\11A
and Amount$ NIA
Second Street Pedestrian Smart Crosswalk System -22- Moorpark Avenue
MPK 05-06
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 Contractor's
License Class ("A" or "C10") 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 s pe of the
specifications under the present business name: _L ueGU' C�t�raged nt�t mQ 1.{ ZOO(Q .
Ok,rAizd GCS P2ptL64c Elec c foc f:aS+ I'S y�C�.4r5
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: Ck- "U�CWAo
Contact Individual: Phone No
Address: t
Contract Amount: 11 Year:
Description of VvorA done:
v�
Reference No. 2
Customer Name: 5
Contact Individual: PN No. ROOL4606- 5M
Address:
Contract Amount: - Yearn
Description of work done:
ll tai c b\ zm.Q o
Reference No. 3
Customer Name: kamQu�,
Contact Individual: Phone No.
Address: ,
Contract Amount: Year.
Desc ' tion of work done:
Second Street Pedestrian Smart Crosswalk System -23- Moorpark Avenue
b 79
MPK 05-06
STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES
(Cont'd)
F
STATE OF CALIFORNIA, COUNTY OF L�
am the
Of
' ,
'^
'�4 LJ01jC 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
i
information or belief, and as to those matters I believe it to be true.
Executed on �✓11 at g6VA- "Da CA- ,
California.
(date) (Place)
I declare, under penalty of perjury, that the foregoing is true and correct.
4na:Itt-re of Bid r
Title
Sign idder
P � �veasurer-
Title
Second Street Pedestrian Smart Crosswalk System -24- Moorpark Avenue
MPK 05M
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_
2. If Yes, explain the circumstances.
Executed on at , California.
declare, under penalty of perjury, that the foregoing is true and corre t.
PA
i of Auth rized Bidder Signatur uthorized Bidder
hCA v TY
Title Title
Second Street Pedestrian Smart Crosswalk System -25- Moorpark Avenue
MPK 05-06
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
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
s
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{ ) Nox
5. if the answer to No. 4 is"yes", please explain the following details:
(a) Date:
(b) Name of person or group:
(c) .lob 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 /1 —day of Mao 2007.
l
Nam "of Company
TrnL A
V Title"
By
VP
Title
Second Skeet Pedestrian Smart Crosswalk System -26- Moorpark Avenue
MPK 05-06
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 Specific Description of
Which License Subcontract and Portion
Subcontractor is No. & Class Business Address of
.Licensed The Work to be Done
S*'f tN o 0e-T Ay'/&3 3--a �Vla)oln m C4, Ce,oee 0;,v os
`3-77a4-/// VZfB 23
! C.1 saik1e"/ Ga.,�� c� �yt9/l®nCiG
ture(s)of Bi der Date Signa r f Bidder
Date �TYns?S �CcgY�,tr 91311 L•t)S�►
V V e ea8 er
Title Title
ALL SIGNATURES MUST BE NOTARIZED
Attach or Affix Executed Acknowledgement Form
Second Street Pedestrian Smart crosswalk System -27- Moorpark Avenue
Pj
` 43
MPK 05-06
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
F
To the City of Moorpark
r
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.
kA
Ic- ITS
Nam of Bidder Name olWidder
ature of Bidd',r. Slana
Ur
a�nes Yak s
0n Address of Bidder
J q
L6 Sato CA �9
ALL SIGNATURES MUST BE NOTARIZED
(Attach or Affix Executed Acknowledgment Form)
Second Street Pedestrian Smart Crosswalk System .-28- Moorpark Avenue
MPK 05-06
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 subcontractors), 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.
Nam of Bidding Company
y �- �
nzed Signature
VPi-n rt
Title (TypedKJ
131 0
Date
Second Street Pedestrian Smart Crosswalk System -29- Moorpark Avenue
MPK 05-06
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:
3
is not currently under suspension, debarment,voluntary exclusion, or
determination of ineligibility by any federal agency; t
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.
3
.. 3
If there are any exceptions to this certification, insert the exceptions in the }
following space.
Exceptions will not necessarily result in denial of award, but will be
considered in determining bidders 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.
Second Street Pedestrian Smart Crosswalk System -30, Moorpark Avenue/
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californii�a� � t/�
County of 1 1 oI��to I
On 1!t before me, r) ,
Date �/�/ Name and n of Office (e.g.,"Jane Doe.Notary Public")
personally appeared A Y Ya
Name(s)of Signer
r
personally known to me
❑ (or proved to me on the basis of satisfactory evidence)
to be the person(s)whose name(s)flare subscribed to the
within instrument and acknowledged to me that
tfti liefs#tefthey executed the same in+iisPrier/their authorized
MEaUM11�it1►. capacity(ies), and that by*4&%er/their signature(s) on the
COWARNMon t714M' instrument the person(s), or the entity upon behalf of
twlolory Ftftft-CaNkqalo which the person(s) acted, executed the instrument.
iIYWNn Cp�rMy
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Ugnature 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�A
Title or Type of Document: m s Daum W IS�� AA 1�1 1 r KJU�_ ��Y.0 /� _
Document Date: (A/l/1 Number of Pages: l(1
Signer(s)Other Than Named Above:
Capacity(ies)Claimed b S,',gJJ��er(s) �� n"'
Signer's Name:�/LYr.~10 C fNQG�t'�$.1i Signer's Name:, L,
❑ Individual t/p ❑Individual C,,,,, cr,,/
Corporate Officer—Title(s): Y f n9,Corporate Officer—Title(s):�RSMhW4�TOOPS1
❑ 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
ITS
t2��?LtrbLiG �c
1.®2D06 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Item No.5907 v609 Reorder:Call Toll-Free 1.800.876-6827
Rile'
epublic
ITS
Intelligent
Transportation
Services
Republic Intelligent Transportation Services, Inc. is a California Corporation
The corporate officers of Republic ITS are:
Name: Wade L.White
Title: President
Name: Jeffrey L.Asch
Title: VP,Secretary,Treasurer
Name: Dennis L.Walther
Title: VP Field Operations
Name: James A.Wagner
Title: VP Engineering
All those listed above are also owners of the named corporation.
The contact information for all officers listed above is:
Address: 371 Bel Marin Keys Boulevard,#200,Novato,CA 94949
Phone: 415-884-3000
Fax: 415-884-4800
415.884.3000 • Fax 415.884.4800 • 371 Bel Marin Keys Blvd, Suite 200 • Novato, CA 94949
BOSTON • DALLAS • LOS ANGELES SACRAMENTO • SAN DIEGO • SAN FRANCIsa'ti� _„L78
Aft "r
Republic
ITS
MINUTES OF A MEETING OF
Intelligent THE BOARD OF DIRECTORS
Transportation OF REPUBLIC ITS
Services
(The Company)
A meeting of the Board of Directors of the Company was held at the principal office of the
Company on February 07,2007.
All of the Directors of the Company were present. Wade L. White acted as Chairman of the
meeting and Jeffrey L. Asch acted as Secretary of the meeting.
The Chairman announced that the purpose of the meeting was to appoint officers of the
Company, and to authorize its officers to execute bonds, contracts, bids, legal,and other
documents necessary for the Company to transact its business.
After full and complete discussion,the following recitals and resolutions were adopted:
WHEREAS, it is the intention of the Board of Directors to appoint officers of the
Company to manage the daily operations of the Company;
WHEREAS,it is the intention of the Board of Directors to authorize the officers of the
Company to execute bonds, contracts,bids, legal, and other documents necessary for the
Company to transact its business.
NOW,THEREFORE, BE IT RESOLVED, that the following be appointed as officers of
the Company: Wade L. White as President, Dennis L. Walther as Vice President, Jeffrey
L. Asch as Vice President& Chief Financial Officer, and James A. Wagner as Vice
President.
NOW,THEREFORE,FURTHER BE IT RESOLVED,that the following officers be
duly authorized to legally bind the Company through the execution of bonds, contracts,
bids, legal, and other documents as may become necessary from time to time in order for
the Company to transact its business: Wade L. White as President, Dennis L. Walther as
Vice President,Jeffrey L. Asch as Vice President&Chief Financial Officer, and James
A. Wagner as Vice President.
NOW,THEREFORE,FURTHER BE IT RESOLVED, that any actions taken by the
officers of the Company prior to the date of the foregoing resolutions that are within the
authority conferred thereby are hereby ratified, confirmed and approved as the acts and
deeds of this Company.
There being no further business to conduct, the meeting was adjourned.
Jeffrey L. , Secretary
415.884.3000 • Fax 415.884.4800 371 Bel Marin Keys Blvd, Suite 200 • Novato, CA 949 . R �,
BOSTON • DALLAS • LOS ANGELES • SACRAMENTO SAN DIEGO • SAN FRANCISLJO,
City of Moorpark b/1'//'10v'/ 10:*d:OJ AM PAUL uuti uva r ax Ovi vci
b
yty
o V00,
CITY ENGINEER/PUBLIC WORKS DEPARTMENT
799 Moorpark Avenue, Moorpark, Calftmia 93021 (M5)517.8256 tax(805)532-2555
May 17.2007
ADDENDUM NO.1
for
Second Street Pedestrian Smart Crosswalk System Pro)ect
Spedfication No.MPK 05-06
NOTICE IS HEREBY G WEN to all bidders and plan holders that the plans and
sp fic as for the construction of the above described project are hereby amended as
foloy":
PLANS
I., Sheet E-1 (shoot 2 of 5)
a. Conductor and Conduit Jda file:
Re lace entire table with the follow :
Conductor Qty. Function
and T
from push-button to controller 2 locations
3 ea.of 2-#18 from solar panel to controller 3 locations
4 ea. of 2-#18 from beacon to controller 4 beacons
Conduit NONE
NOTE: All wiring shall be within poles_ No win ft Is required between lane lights or from
controller on one side of street to the other side.
P-
b. Now Sian Schedule;
Revise'R62 E(CA)from 9"x 12'to 5"x 7.5"
c. pie and WRM2nt Schedute:
i. PQ�No• 'I
Revise 40'high P.P.B. post to 10 ft. high Type B post
Add: REMARKS: Mount(1)Spot Devices Solar Controller(or
approved equal)and(1)5W Solar Panel
Revise Type 28-5-100 to Type 23-3-100 '
Add. REMARKS: Mount(2)W 11-2 Signs. (4)Flashing Beacons.
(2)Spot Devices Solar C4ntroffers(or approved equal),and(2)20W Solar
Panels(Side Mount).
dnr.Mrsc wesrragc addsndun 1
PAM=M MM WM F.MLLMME ROSEANN ME= JANE@ PAWN MARK VAN DAM
Naylor N"M Pro Tan Coundlnw~ Coundrmembw car
r� , _.
City of MoorparS 51 1'/f YUUY lU:Drs:UW PM YAhr. VU41 VVJ raa 01101i vci
Second Street Lighted Crosswalk Project
Addendum No. 1
Page 2
d. Comstruclion Notes:
Revise as follows:
1. Furnish and tneW(2)Spot Devices Solar Controller(or approved equal)
and(2)Side-mount 20W Solar Panels on type 23-3-100 pole per
manufacturer isquirements and per detail A(Sheet E-2)_ Contractor
shall furnish and install all appurtenances required to provide intended
operation.
2. DELETE THIS NOTE
3. DELETE THIS NOTE
4. Furnish and Install Spot Devices Road Spot RS200 series in-road
warning lights(or approved equal)per manufacturer requirements.
Road Spots shall be 1'.from edge of painted crosswalk and shag either
be centered in a moving lane of traffic or aligned with lane stripe.
Contractor shall provide 4 additional warning lights to the City as spare.
5. Install 12'LED Spot Beacon SB100(or approved equal)with back plates
per detail A(Sheet E-2)
8. NO CHANGE
7. NO CHANGE
8. ADD: Fumish and install Spot Devices Solar Controller(or approved
equal), and 5W Solar Panel(Top Mount)on 10 ft.Type B pole per
manufacturer requirements. NOTE: THIS ITEM APPLIES TO POLE
NUMBER 1 CALLOUT AT NORTH EAST CORNER
e. Lemnd
1. Revise 300mm yellow LED flashing beacon to 12'LED Spot Beacon
S8100(or approved equal)
Ii.. Revise In-roadway LED Warning Signal(studs)to Road Spot RS200 In-
Road Warning Lights(or approved equal)
SPECIFICATIONS
I. Section 706-1 Description of Work
Revise three bullet items in.the middle of the first paragraph to read:
• Spot Devices Solar Controller or approved equal
• Spot Devices Road Spot RS200 series inroad waming lights(or approved
equal)
(@
i
City of Moorparx 5i 1'iizoo'i 10:!3d:0a AM VAUZ VVO/VV.5 rWL AWL v1=4
Second Street Lighted Crosswalk Project
Addendum No. 1
Page 3
+ 12'LED Spot Beacons SB100(or approved equal)mounted on a type 23-3-
100 standard.
2. §2Mn 705-9 giecz of Service
Delete Entire Section
3. Seven 706-11 QQntfol Panel and Cabinet
Revise Jameiighf'in the first sentence to"Spot Devices"
This addendum shall be made part of the above referenced probed.Full winpensaUon for
all work and requirements of this addendum shall 'be considered as Included In the
appropriate price bid and no additional oomperwation will be allowed therefore.
Yugal N, . r&*n er
Adarowledgement of the addendum by signing and inserting the addendum number on
page 20 of the proposal, and returning a copy with your bid is required. Failure to do so
may result in the disquaffxation of your bid.
Questions regarding this addendum may be directed to Mr. Dave Klot de at (805) 517-
6285.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. PLEASE FAX A
SIGNED COPY OF THIS PAGE TO LINDA,WILLIAMS AT(805)532-265&
Company Name:
Auttadiaed Representative• e S WoUL, 2 enai-ioj(av
S%neb< re of AuthowLmd Rep
dwew wwrc
MPK 05-06
BIDDER'S BOND TO ACC or ie MPAN s PROPOSAL
(in lieu of cash, certified
KNow ALL PERSONS BY THESE PRESENTS,
REPUBLIC INTELLIGENT
That we, TRANSPORTATION SERVICES, INC. as Principal,�s intly and
FIRE INSURANCE ANY as Surety, acknovu[edge jO
severally bound to the CAy 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 C"ity with complete DBE information as required by in
the project Special Provisions, (if applicable), or fails to execute the Cor>tract
tendered by the City within the applicable time specified in the Bid Terms and
Conditions,or fails to famish 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 bond.
court. if the Principal executes the contract and furnishes theusirb�ond shall be
evidence of insurance as provided in the contract documents,shall not constitute
extinguished and released. it is hereby agreed
a defense to forfeiture.
,
W{TNESS our hands this 4th day of. JUNE 2007-
REPUBLIC INTELLIGENT TRANSPORT
G�iz`tr S, T' -
Contractor
Title
Eev-
By
Title
HARTFORD FIRE INSURANCE COMPANY
Surety
A
By
ATTORNEY-IN-FACT
Second$treef Pedestrian Smart Crosswalk System
-21- Moorpark Avenue
MpK 05-06
FOaM TO ACCOMPANY BID BOND
STATE OF CALIFORNIA **SEE ATTACHED**� SS_
COUNTY OF
CITY OF
On this�day of
20M, before me, the
Notary Public in and for said County and State, residing therein,
undersig ned, a ry
duly commissioned and sworn, personally appeared
know to be the_---
and the same person whose name is subscribed to the
Of
within instrument as the of said to me that
And the said duly acknowledged
he/she subscribed the name of
thereto as Surely
and his/her own name as
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in the certificate first above written-
Notary Public in and for said
County and state aforesaid_
If certified or cashier's check is submitted herewith, state check number
and Amount$
lk S stem -22-- Moorpaek Avenue
Second Street Pedeshian Smart Crosswa Y
R:.l " .94
ACKNOWLEDGMENT
State of California
County of Sonoma
On 6/4/07 before me, K. Holtemann, Notary Public
(here insert name and title of the officer)
personally appeared Cheryl Griggs
personally known to me ( to be
the person(s}whose name(s.) is/afe-subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in kris/her/tbeif authorized
capacity(ies), and that by his/her/their signature(}on the instrument the person(*),
or the entity upon behalf of which the person(g)acted, executed the instrument.
WITNESS my hand and official seal.
K. HOLTEMAINN
Signature P-6 W U m�».,:. COMM.#1702161 C
NOTARYPLWC. ()
My Caru»..b�irer ocr �,ao�o i
Direct Inquirfes(Claimtto.
THE HARTFORD
POWER
BOND,T-4
OF ATTORNEY" P.O.BOX 2103,690 ASYLUM AVENUE
HARTFORD,CONNECTICUT 06115
call:888-266-3488 or fax:860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 67-111140
....
X Hartford Fire insurance Company,a corporation duly organized under the laws of the State of Connecticut
Hartford Cisualty Insurance Company,a corporation duly organized under the laws of the State of Indiana
0 Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut
Q Twin City Fire insurance Company,a corporation duly organized under the laws of the State of Indiana
Hartford insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois
Q Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana
O Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida
having their home office in Hartford,Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint,
up to the amount of unlimited.
Lawrence J. Coyne, Goren G.E.Ryn, Kelly Holtemann, Cheryl Griggs
of
Petaluma, CA
their true and lawful Attorn,y(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety(ies)only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof,on behalf o1`the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and
executing or guaranteeing onds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whe of, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presei its to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant
Secretary. Further,pursu ant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
�pyarrr es its ri t pt
a •yrr f t907 ! r s�j jc 9s r 7 •s ;
Y 1r► q 'tattrrta�f` r rgtAA!fi `+�':� 197Q� Fjti 974r
* �_� ' eN iY,q'�~74a1 • '+•,•`4�tviS Nn►N• "�T�
Paul A.Bergenholtz,Assistant Secretary David T.Akers,Assistant Vice President
STATE OF CONNECTICUT
SS. Hartford
COUNTY OF HARTFORD;
On this 4th day oi`August,2004,before me personally came David T.Akers,to me known,who being by me duly sworn,did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument;that he knows the seals of the said corporations;that the seals affixed to the
said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like au hority.
S •t
Scott E.Paseka
i
Notary Public
CERTIFICATE My Commission Expires October 31,2007
1,the undersigned,Assistant Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies,which is still in full force effective as of JUNE 4th, 2007
Signed and sealed at the City of Hartford.
trugr �tittt y •coy
,
�{�r�'t�--��
i vatt0 { .r +,u��.cnrif+ 4iutt► sy t97014FF 18101;41 I9y4
f ,' vw�9" ��N` trA i eta} • �w,�,,•ttNioGr r4ru�'�
1' 1
Gary W.Stumper,Assistant Vice President
j
. r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County ofliVff Ll I
On MW 131, GW before me, ,
Dat Name and tle of Offi r .,`Jane Doe,Notary Public")�
personally appeare 7l�rJ/�
N e(s)of ner(s)
X personally known to me
❑ (or proved to me on the basis of satisfactory evidence)
to be the person(s)whose name(s)49/are subscribed to the
within instrument and acknowledged to me that
he/shefthey executed the same in hisflw/their authorized
. capacity(ies), and that by hisfherftheir signature(s) on the
C"MrAftin IF In4m instrument the person(s), or the entity upon behalf of
fit which the person(s) acted, executed the instrument.
Morin Wit►
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Signature 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 Docun)E4it ��t
Title or Type of Document: nf&l'rs 0"
Document Date: m 4, yWl Number of Pages: '
Signer(s)Other Than Named Above:
Capacity(ies)C.11 'Wed by Si ner ) �r 'It
Signer's Name: Signer's Name:_ 1�''
❑ Individual t'D ❑Individual
Corporate Officer—Title(s):Vl 05-Corporate Officer—Title(s): VAS
❑ Partner—❑ Limited ❑General .• ❑Partner—❑Limited ❑General _
❑ Attorney in Fact • ." O Attorney in Fact •
El Trustee ❑Trustee
Top of thumb here Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
RP-Dubl�c ITS �eQUu 2uc_ ITS
®2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 v609 Reorder:Call Toll-Free 1-800-876-6827
Exhibit B
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 fumished 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.
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 AM 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
Exhibit B
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.
otrtol 99
ATTACHMENT 3
OPpK Ca'R
pP O
O b
9
O
u9 e
,0 O
099 r.0 JV.. w
CITY OF MOORPARK
NOTICE
PROPOSED CROSSWALK
IMPROVEMENTS
AT
MOORPARK AVENUE &
SECOND STREET
Dear Resident:
On June 20, 2007, the Moorpark City
Council will consider the award of a
contract for the construction of a new and
improved crosswalk at the intersection of
Moorpark Avenue (SR-23) and Second
Streets. The improvements will include
demand-actuated (push button) "in-
pavement" flashing lights. This project,
which is partly funded by a State
Pedestrian Facilities grant, will greatly
improve pedestrian safety at this
intersection. Total project costs are
estimated at $100,000. Construction is
scheduled to commence in early July and
completed by the end of August 2007.
If you have any questions, please call:
English: DAVE KLOTZLE # (805) 517-6285
Spanish: BLANCA GARZA# (805) 517-6245
Thank you for your cooperation as we
work to make a safer city.
��,®