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HomeMy WebLinkAboutAGENDA REPORT 2007 1003 CC REG ITEM 09BnrEM INNNEOM 9.3. ' ITS OF MOORPARK, C:ALIFG (N- City Council Meeting 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: September 20, 2007 (CC Meeting of 10- 03 -07) A V-060--i W. -MrSPIWI, SUBJECT: Consider Award of Contract for the Construction of the Tierra Rejada Road and Second Street Asphalt Overlay Project and a Resolution Amending the Fiscal Year 2007/08 Budget to Revise the Budget and Funding Sources for the Project DISCUSSION A. Background In June of 2006, the City Council approved the subject project and adopted a Resolution funding the design phase of the work. In December of 2006, the City Council approved the preliminary engineering analysis performed for the project and authorized staff to retain Pavement Engineering, Inc. to prepare the plans and specifications for the project. In June of this year, the City Council approved the plans and specifications for the project and authorized staff to advertise for receipt of construction bids. B. Scope of Work The Scope of Work provides for the construction of a Rubberized Asphalt Overlay on Tierra Rejada Road between the Route 23 Freeway and Los Angeles Avenue (SR- 118) and on Second Street between Spring Road and Moorpark Avenue (Attachment 1). The hours of construction will be limited to 8:30 a.m. to 4:30 p.m. in an effort to minimize the inconvenience to the public without increasing construction costs. Work within two hundred feet of signalized intersections will be limited to the hours of 9:00 a.m. to 3:00 p.m. f ) 0 0 WI -1, `� SAPublic Works \Everyone \Staff Reports \2007\October \TR AC Overlay Award.doc Honorable City Council October 3, 2007 Page 2 During design of the project, staff observed water percolating from the edge of pavement on Tierra Rejada Road between Spring Road and Miller Parkway. An investigation turned up several leaks in the irrigation system for the adjacent parkway. Repairs were made and water has ceased to percolate onto the pavement. Staff does not anticipate the need to delete any of the project work at this location. Staff analyzed the practicality of constructing conventional asphalt instead of rubberized asphalt within Caltrans right -of -way at Route 23 since the City has limited control over potential utility trenching and pavement repair in the future. Based on the large quantity of rubberized asphalt for the entire project, staff determined that it is most cost effective to construct rubberized asphalt instead of a relatively small amount of conventional asphalt. Also, all future trench repairs will be paved with conventional asphalt regardless if the pavement is rubberized or conventional. This is standard asphalt industry practice in that rubberized asphalt is not recommended for small pavement repairs due to its limited workability and higher cost as compared with conventional asphalt. C. Environmental In that the project is partially funded by a Federal grant, a Federal NEPA Categorical Exclusion was prepared for the project and approved by Caltrans. D. Federal Grant Approval A federal grant of $595,923 in Local STP funds has been allocated for this project. Federal authorization to proceed with construction was received through Caltrans prior to advertising the project for receipt of bids. These funds will be prorated between Tierra Rejada Road and Second Street. E. California Integrated Waste Management Board Recycled Tire Grant Staff has applied for and obtained a $150,000 Recycled Tire grant from the California Integrated Waste Management Board for using rubberized asphalt partially made from 100% California recycled tires. An additional $50,000 recycled tire grant is pending approval by the State. These funds will be prorated between Tierra Rejada Road and Second Street. F. Proposition 1 B (Transportation Bond) The State of California has allocated $550 million to cities as part of Proposition 1 B for FY 07 -08. The City of Moorpark will receive $582,958 after a list of eligible projects is approved by the Department of Finance and the State Controller allocates the funds. Therefore, these funds are not yet available for this project. fJC,0ZrV� SAPublic Works \Everyone \Staff Reports\2007\October \TR AC Overlay Award.doc Honorable City Council October 3, 2007 Page 3 G. Funding Sources Due to the lack of Gas Tax and TDA funds, additional funding sources are required for this project. It is proposed to use MRA Area 1 2001 Bond Proceeds for ninety percent of the work on Second Street. The remaining ten percent would be funded by the Federal STP Grant funds and the Recycled Tire Grant monies. It is proposed to use $600,000 from the City -Wide Traffic Mitigation Fund for the work on Tierra Rejada Road between Spring Road and the 23 freeway. The Carlsberg development deposited approximately $2,000,000 into the Traffic Mitigation Fund. In the future, these funds could be used for sound walls and pavement rehabilitation on Miller Parkway. About $1,500,000 of General Fund monies will also be used for a portion of the work on Tierra Rejada Road. H. Bid Results /Analysis Eleven construction firms purchased the plans and specifications. Of that number, six bids were received and opened on September 11, 2007. The low bidder is Excel Paving Company of Long Beach, California. The bids were reviewed, and there was a mathematical error in the bid from Excel, resulting in a reduction of the total bid amount by $66.00. The low bidder 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 Tierra Re ada Rd. Second St. Total 1 Excel Paving Co. $2,893,685.49 $304,679.00 $3,198,364.49 2 Sully Miller Contracting Co. $2,897,981.02 $371,906.10 $3,269,887.12 3 Security Paving Co., Inc. $3,006,488.40 $348,442.00 $3,354,930.40 4 Nye & Nelson, Inc. $3,058,084.95 $405,296.20 $3,463,381.15 5 Granite Construction Co. $3,093,281.45 $394,394.55 $3,487,676.00 6 Silvia Construction, Inc. $3,179,223.44 $394,303.40 $3,573,526.84 A summary of the bid results is attached, (Attachment 2). The Engineer's estimate is $3,950,000. I. Fiscal Impact 1. Project Cost Summary: A summary of the total project cost is shown below: Design - Prior Years Design - FY 07/08 Construction Bid 10% Contingency Total Construction Inspection Total FY 07/08 $ 80,000.00 $ 20,000.00 $ 2,893,685.49 $ 304,679.00 $ 3,198,364.49 $ 290,000.00 $ 30,000.00 $ 320,000.00 $ 3,183,685.49 $ 334,679.00 $ 3,518,364.49 $ 100,000.00 $ 3,638,364.49 SAPublic Works \Everyone \Staff Reports \2007\October \TR AC Overlay Award.doc Honorable City Council October 3, 2007 Page 4 2. Budget Amendment: Attached is a Resolution (Attachment 3) amending the FY 2007/08 Budget to revise certain funding sources and budget amounts. That Resolution is summarized as follows: Current FY 07/08 Description Budget ($) By Fund Project 8002 -Slurry Seal 2603 - TDA Article 8A (LTF) Construction 150,623 Project 8011 - Tierra Rejada 2603 - TDA Article 8A (LTF) Design Inspection 1000 - General Fund *** Construction 2001 - Traffic Systems Mgmt *** Construction 2002 - City -Wide Traffic Mitigation Construction 2604 - STP Federal Grant Construction 2609 -State Recycled Tire Grant Construction 2610 - Congestion Relief Grant Construction Construction Subtotal Project 8011 - Second Street 2603 - TDA Article 8A (LTF) Inspection 2604 - STP Federal Grant Construction 2609 -State Recycled Tire Grant Construction 2904 - M RA Construction Construction Subtotal Total - FY 07/08 Proposed Revised Proposed FY 07/08 Change ($) Budget ($) (100,000) 50,623 20,000 0 20,000 0 90,000 90,000 0 1,541,500 1,541,500 1,000,000 (1,000,000) 0 0 600,000 600,000 562,423 0 562,423 180,000 0 180,000 300,000 0 300,000 2,042,423 1,141,500 3,183,923 0 10,000 10,000 33,500 0 33,500 20,000 0 20,000 0 281,500 281,500 53,500 281,500 335,000 2,266,546 1,423,000 3,689,546 *** Note: The Budget currently shows funding from Fund 2001: Traffic Systems Management (TSM). It has been determined that these funds are restricted to air quality measures and it is necessary, therefore, to change this funding source to the General Fund (Fund 1000). The attached resolution also includes the transfer of $100,000 from project 8002, (Slurry Seal) to this project for construction inspection. SAPublic Works \Everyone \Staff Reports \2007\October \TR AC Overlay Award.doc ( ) 0 i_1:; Honorable City Council October 3, 2007 Page 5 3. Funding Sources: The funding sources for this project are listed as follows: • Fund 1000 — General Fund • Fund 2002 — City -Wide Traffic Mitigation Fund (Carlsberg portion) Fund 2603 — LTF — TDA Article 8A • Fund 2604 — STP Local Federal Grant • Fund 2609 — CIWMB Recycled Tire State Grant • Fund 2610 — Traffic Congestion Relief State Grant • Fund 2904 — MRA Area 1 2001 Bond Proceeds J. Project Administration / Inspection Project administration will be administered in -house with construction observation services to be provided by Charles Abbott Associates, Inca under Additional Services Authorization (ASA) No. 07 -09 in an amount Not to Exceed $40,000. Asphalt materials testing services will be provided by a consultant to be selected prior to the start of construction. Staff has solicited proposals from several consultants and will select the most qualified firm to provide the materials testing services. The City Manager will award a consultant agreement for these services at an estimated amount Not to Exceed $60,000. K. Schedule It is anticipated that construction will commence in October 2007, and be completed by January 2008. STAFF RECOMMENDATIONS (ROLL CALL VOTE) 1. Award a construction contract (Attachment 4) to Excel Paving Company and authorize the City Manager to execute the construction contract in the amount of $3,198,364.49 for the subject project; 2. Authorize the City Manager to amend the construction contract for project contingencies in an amount Not to Exceed $320,000 if and when the need arises for extra work and services; 3. Authorize the City Manager to award a consultant agreement for materials testing services in an amount Not to Exceed $60,000; 4. Adopt the attached Resolution No. 2007- revising the funding and budget for the subject project. Attachments: 1 Location Map 2 Bid Results 3 Resolution 4 Contract S: \Public Works \Everyone \Staff Reports \2007\October \TR AC Overlay Award.doc 0 0 co 0 43 2 ATTACHMENT 3 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2007/08 BUDGET TO REVISE THE APPROPRIATIONS AND BUDGET AMOUNTS FOR PROJECT 8011: TIERRA REJADA ROAD / SECOND STREET ASPHALT OVERLAY PROJECT [GENERAL FUND (FUND 1000); TRAFFIC SYSTEM MANAGEMENT (FUND 2001); CITY -WIDE TRAFFIC MITIGATION (FUND 2002); LTF — TDA ARTICLE 8A (FUND 2603); STP — LOCAL FEDERAL GRANT (FUND 2604); CIWMB RECYCLED TIRE STATE GRANT (FUND 2609); TRAFFIC CONGESTION RELIEF STATE GRANT (FUND 2610); MRA AREA 1 2001 BOND (FUND 2904)] WHEREAS, on June 20, 2007, the City Council adopted the Budget for Fiscal Year 2007/08; and WHEREAS, a staff report has been presented to the City Council requesting a budget adjustments in the aggregate amount of $1,423,000; 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 $1,423,000, 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 3rd day of October, 2007. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit "A" - Budget Amendment Detail S: \Public Works \Everyone \Staff Reports \2007\October \TR AC Overlay Award.doc UC4 ATTACHMENT I . N . X A p n O A A D O A x LOS ANGELES AVENUE 1 epr TO srxc m p HILL RO. ,�ryp�t- S7:0 tAtN' D O r N L rr- P WILLIAMS RANCH RO. ti OR' ) G� MTN. MEADOW W.gLNVTC�E� a• �µF` 0 N m gyp• � rat �O A O LOCATION MAP 000065 City of Moorpark Attachment 2 Bid Results: Tierra Rejada Road/Second Street Overlay Project Page I of 6 Bidder » »> Vendor 1 Vendor 2 Bid Opening: Name: Engmeees Estimate Excel Paving Co. Sully Miller Contracting Co. September 11, 2007 Address: 2230 Lemon Avenue 1100 E. Oragelhorpe Ave., #200 Schedule A Cit, State: Long Beach, CA 90806 Anaheim, CA 92801 Tierra Rejada Road Tel. No.: (562) 599 -5841 (714) 578 -9600 Contact Person: Est Qty Units C.P. Brown Dave Martinez ]gem Description Unit Cost Total Bid Unit Cost Total Bid Unit Cost Total Bid 1 Traffic Control 1 IS 100,000.00 100,000.00 68,000.00 68,000.00 161,500.00 161,500.00 2 Stormwater I LS 10,000.00 10,000.00 7,000.00 7,000.00 8,000.00 8,000.00 3 Surface Preparation 1 LS 20,000.00 20,000.00 54,000.00 54,000.00 48,000.00 48,000.00 4 A/C Type D2 4,500 TN 81.00 364,500.00 93.00 419,500.00 %.25 433,125.00 5 ARHM 18,500 TN 100.00 1,850,000.00 91.00 1,683,500.00 95.20 1,761,200.00 6 Reinforcing Fabric 147,922 SY 1.00 147,922.00 1.15 170,110.30 0.66 97,628.52 7 Milling 1,303,767 SF 0.75 977,82525 029 378,092.43 021 273,791.07 8 R&R PCC Curb 50 LF 20.00 1,000.00 40.00 2,000.00 170.00 8,500.00 9 R&R PCC Curb & Gutter 50 LF 20.00 1,000.00 40.00 2,000.00 200.00 10,000.00 10 SD Manhole Covers 17 EA 400.00 6,800.00 650.00 11,050.00 480.00 8,160.00 11 Protect Survey Monument 30 EA 125.00 3,750.00 650.00 19,500.00 315.00 9,450.00 12 Shoulder Backing 1,285 LF 5.00 6,425.00 3.00 3,855.00 3.50 4,497.50 13 Traffic Signal Loops 122 EA 300.00 36,600.00 210.00 25,620.00 205.00 25,010.00 14 Install Blue RPM's 6 EA 18.00 108.00 27.00 162.00 27.00 162.00 15 12" White Xwalk (thermo) 1,261 LF 2.75 3,46735 2.20 2,77420 2.15 2,711.15 16 12" Yellow Xwalk (thermo 1,406 LF 2.75 3,866.50 2.20 3,093.20 2.15 3,022.90 17 Striping Detail #13 38,022 LF 0.85 32,318.70 0.33 12,547.26 0.32 12,167.04 18 Striping Detail #21 62 LF 1.10 68.20 2.00 124.00 2.10 13020 19 Striping Detail #23 104 LF 1.75 182.00 2.75 286.00 2.65 275.60 20 Striping Detail #24 3,024 LF 0.50 1,512.00 0.60 1,814.40 0.60 1,814.40 21 Striping Detail #27B 1,980 LF 0.50 990.00 0.60 1,188.00 0.60 1,188.00 22 Striping Detail #36 300 LF 125 375.00 0.93 279.00 0.90 270.00 23 Striping Detail #37B 125 LF 1.25 15625 1.00 125.00 0.95 118.75 24 Striping Detail #38 2,056 LF 2.00 4,112.00 0.93 1,912.08 0.90 1,850.40 25 Striping Detail #38C 3,263 LF 3.00 9,789.00 1.10 3,589.30 1.05 3,426.15 26 Striping Detail #39 31,626 LF 1.10 34,788.60 0.34 10,752.84 0.33 10,436.58 27 Striping Detail #39A 3,272 LF 125 4,090.00 0.34 1,112.48 0.33 1,079.76 28 23" Legend 3 EA 75.00 225.00 66.00 198.00 65.00 195.00 29 "NORTH" Legend 3 EA 150.00 450.00 165.00 495.00 160.00 480.00 30 Bicycle Group Legend 30 EA 150.00 4,500.00 66.00 1,980.00 65.00 1,950.00 31 "AHEAD" Legend 12 EA 140.00 1,680.00 132.00 1,584.00 130.00 1,560.00 32 "SIGNAL" Legend 12 EA 140.00 1,680.00 154.00 1,848.00 150.00 1,800.00 33 Arrow Type IV 56 EA 65.00 3,640.00 82.00 4,592.00 80.00 4,480.00 34 Release l EA 1.00 1.00 1.00 1.00 1.00 1.00 Total 3,633,822.25 2,393,685.49 2,897,981.02 City of Moorpark Attachment 2 Bid Results: Tierra Rejada Road/Second Street Overlay Project Page 2 of 6 Bidder » »> Vendor 1 Vendor 2 Bid Opening: Name: Engineer's Estimate Excel Paving Co. Sully Miller Contracting Co. September 11, 2007 Address: 2230 Lemon Avenue 1100 E. Or agethorpe Ave., #200 SchedWe B Cit, State: Long Beach, CA 90806 Anaheim, CA 92801 Second Street Tel. No.: (562) 599 -5841 (714) 578 -9600 Contact Person: Est Qty Units C.P. Brown Dave Martinez Item Description Unit Cost Total Bid Unit Cost Total Bid Unit Cost Total Bid i Traffic Control 1 LS 30,000.00- 30,000.00 7,500.00 7,500.00 25,000.00 25,000.00 2 Stormwater l LS 2,000.00 2,000.00 800.00 800.00 2,000.00 2,000.00 3 Surface Preparation 1 LS 5,000.00 5,000.00 5,000.00 5,000.00 6,800.00 6,800.00 4 ARHM 950 TN 81.00 76,950.00 92.00 87,400.00 96.00 91,200.00 5 R&R 8" A/C 5,800 SF 6.00 34,800.00 5.00 29,000.00 5.20 30,160.00 6 R&R 6" A/C 10,700 SF 4.50 48,150.00 3.60 38,520.00 3.40 36,380.00 7 5' Digout 4,500 SF 4.50 20,250.00 4.00 18,000.00 3.25 14,625.00 8 Pavement Milling 76,500 SF 020 15,300.00 0.29 22,185.00 0.24 18,360.00 9 R&R PCC Sidewalk 400 SF 8.00 3,200.00 11.00 4,400.00 15.15 6,060.00 10 R&R PCC Club 600 LF 30.00 18,000.00 31.00 18,600.00 67.50 40,500.00 1 I R&R PCC Curb & Gutter 200 LF 18.00 3,600.00 39.00 7,800.00 74.00 14,800.00 12 R&R PCC Cross-Gutter 2,200 SF 18.00 39,600.00 17.00 37,400.00 22.50 49,500.00 13 R&R PCC Driveway 1,400 SF 15.00 21,000.00 11.00 15,400.00 17.25 24,150.00 14 Protect Survey Monument 5 EA 125.00 625.00 300.00 1,500.00 315.00 1,575.00 15 Traffic Signal Loops 6 EA 300.00 1,800.00 240.00 1,440.00 205.00 1,230.00 16 Install Blue RPM's 2 EA 18.00 36.00 54.00 108.00 55.00 110.00 17 12' White: Xwalk (thereto) 91 LF 2.75 25025 5.00 455.00 5.25 477.75 18 12" Yellow Xwalk (thereto 861 LF 2.75 2,367.75 3.80 3,271.80 3.70 3,185.70 19 Striping Detail #22 512 LF 1.75 896.00 4.35 2,22720 4.20 2,150.40 20 Striping Detail #38 85 LF 2.00 170.00 5.00 425.00 5.25 446.25 21 "CLEAR" Legend 1 EA 125.00 125.00 190.00 190.00 185.00 185.00 22 "STOP" Legend I 1 EA 75.00 825.00 136.00 1,496.00 135.00 1,485.00 23 "SCHOOL' Legend 2 EA 150.00 300.00 272.00 544.00 265.00 530.00 24 'XING' Legend 2 EA 150.00 300.00 163.00 326.00 160.00 320.00 25 -AHEAD- Legend 2 EA 140.00 280.00 190.00 380.00 185.00 370.00 26 'KEEP" Legend I EA 125.00 125.00 136.00 136.00 135.00 135.00 27 Arrow Type IV 2 EA 65.00 130.00 87.00 174.00 85.00 170.00 28 Release 1 EA 1.00 1.00 1.00 1.00 1.00 1.00 Total Sebedule A 3,633,822.25 2,893,685.49 1„897,981.02 Total Schedule B 1 1 32 081.00 1 1 304 679.00 1 1 371906.10 Total Bid 3,959,903.25 3,198,364.49 3,269,887.12 �l�ilYi�.r'I City of Moorpark Attachment 2 Bid Results: Tierra Rejada Road/Second Street Overlay Project Page 3 of 6 Bid Opening: Bidder » »> Vendor 3 Vendor 4 Vendor 5 September 11, 2007 Name: Security Paving Company, Inc. Nye & Nelson, Inc. Granite Construction Co. Schedule A Address: 9050 Norris Avenue 1860 Eastman Avenue, #108 585 W. Beach Street Tierra Rejada Road Cit, State: Sun Valley, CA 91353 Ventura, CA 93003 Watsonville, CA 95076 Tel. No.: (818) 767 -8418 (805) 654 -1682 (831) 724 -1011 Contact Person: Albeit Mattivi Ruric Nye Jigisha Desai Item Description Est Qty Units Unit Cost Total Bid Unit Cost Total Bid Unit Cost Total Bid 1 Traffic Control 1 LS 100,000.00 100,000.00 90,000.00 90,000.00 153,688.78 153,688.78 2 Stormwater I LS 5,000.00 5,000.00 8,000.00 8,000.00 5,530.00 5,530.00 3 Surface Preparation 1 LS 120,000.00 120,000.00 55,000.00 55,000.00 89,000.00 89,000.00 4 A/C Type D2 4,500 TN 92.00 414,000.00 91.60 412,200.00 90.00 405,000.00 5 ARHM 18,500 TN 96.00 1,776,000.00 104.50 1,933,250.00 108.00 1,998,000.00 6 Reinforcing Fabric 147,922 SY 1.30 192,298.60 1.20 177,506.40 0.40 59,168.80 7 Milling 1,303,767 SF 020 260,753.40 0.21 273,791.07 0.21 273,791.07 8 R&R PCC Curb 50 LF 100.00 5,000.00 45.00 2,250.00 54.00 2,700.00 9 R&R PCC Curb & Gutter 50 LF 100.00 5,000.00 64.00 3,200.00 70.00 3,500.00 10 SD Manhole Covers 17 EA 700.00 11,900.00 650.00 11,050.00 522.00 8,874.00 11 Protect Survey Monument 30 EA 400.00 12,000.00 390.00 11,700.00 452.00 13,560.00 12 Shoulder Backing 1,285 LF 5.00 6,425.00 2.20 2,827.00 3.00 3,855.00 13 Traffic Signal Loops 122 EA 350.00 42,700.00 220.00 26,840.00 209.00 25,498.00 14 Install Blue RPM'S 6 EA 30.00 180.00 28.00 168.00 26.00 156.00 15 12" White Xwsllc (thermo) 1,261 LF 2.00 2,522.00 220 2,774.20 2.15 2,711.15 16 12" Yellow Xwalk (thermo 1,406 LF 2.00 2,812.00 2.20 3,093.20 2.15 3,022.90 17 Striping Detail #13 38,022 LF 0.40 15,208.80 0.33 12,547.26 0.35 13,307.70 18 Striping Detail #21 62 LF 5.00 310.00 2.20 136.40 2.15 133.30 19 Striping Detail #23 104 LF 3.00 312.00 2.75 286.00 2.70 280.80 20 Striping Detail #24 3,024 LF 0.60 1,814.40 0.60 1,814.40 0.60 1,814.40 21 Striping Detail #27B 1,980 LF 0.60 1,188.00 0.60 1,188.00 0.60 1,188.00 22 Striping Detail #36 300 LF 1.00 300.00 0.90 270.00 0.90 270.00 23 Striping Detail #37B 125 LF 1.00 125.00 1.00 125.00 0.95 118.75 24 Striping Detail #38 2,056 LF 1.00 2,056.00 0.90 1,850.40 0.90 1,850.40 25 Striping Detail #38C 3,263 LF 1.00 3,263.00 1.10 3,58930 1.10 3,589.30 26 Striping Detail #39 31,626 LF 0.40 12,650.40 034 10,752.84 0.35 11,069.10 27 Striping Detail #39A 3,272 LF 0.40 1,308.80 0.34 1,112.48 0.35 1,14520 28 23" Legend 3 EA 60.00 180.00 66.00 198.00 64.00 192.00 29 NORTH' Legend 3 EA 160.00 480.00 160.00 480.00 161.00 483.00 30 Bicycle Group Legend 30 EA 60.00 1,800.00 66.00 1,980.00 65.00 1,950.00 31 AHEAD' Legend 12 EA 125.00 1,500.00 133.00 1,596.00 128.00 1,536.00 32 SIGNAL' legend 12 EA 150.00 1,800.00 155.00 1,860.00 150.00 1,800.00 33 Arrow Type [V 56 EA 100.00 5,600.00 83.00 4,648.00 80.30 4,496.80 34 Release 1 EA 1.00 1.00 1.00 1.00 1.00 1.00 Total 3,006,488.40 3,058,084.95 3,093,281.45 i�e.)'0ii� -(N City of Moorpark Bid Results: Tiara Rejada Road/Second Street Overlay Project Attachment 2 Page 4 of 6 Bid Opening: Bidder » »> Vendor 3 Vendor-4 Vendor 5 September 11, 2007 Name: Security Paving Company, Inc. Nye & Nelson, Inc. Granite Construction Co. Sdwduk B Address: 9050 Norris Avenue 1860 Eastman Avenue, #108 585 W. Beach Street Second Street Cit, State: Sun Valley, CA 91353 Ventura, CA 93003 Watsonville, CA 95076 Tel. No.: (818) 767 -8418 (805) 654 -1682 (831) 724 -1011 Contact Person: Albert Mattivi Ruric Nye Jigisha Detai Item Description Est Qty Units Unit Cost Total Bid Unit Cost Total Bid Unit Cost Total Bid 1 Traffic Control 1 LS 10,000.00 10,000.00 21,000.00 21,000.00 12,300.00 12,300.00 2 Stormwater 1 LS 1,500.00 1,500.00 2,400.00 2,400.00 1,280.00 1,280.00 3 Surfaoe Preparation 1 LS 6,000.00 6,000.00 12,000.00 12,000.00 13,800.00 13,800.00 4 ARHM 950 TN 110.00 104,500.00 118.25 112,337.50 118.00 112,100.00 5 R&R 8" A/C 5,800 SF 6.00 34,800.00 7.00 40,600.00 7.50 43,500.00 6 R&R 6" A/C 10,700 SF 5.00 53,500.00 6.00 64,200.00 6.50 69,550.00 7 5" Digout 4,500 SF 4.00 18,000.00 6.00 27,000.00 5.15 23,175.00 8 Pavement Milling 76,500 SF 025 19,125.00 0.21 16,065.00 0.20 15,300.00 9 R&R PCC Sidewalk 400 SF 10.00 4,000.00 11.00 4,400.00 8.50 3,400.00 10 R&R PCC Curb 600 LF 30.00 18,000.00 35.00 21,000.00 40.00 24,000.00 11 R&R PCC Curb & Gutter 200 LF 50.00 10,000.00 41.00 8,200.00 54.00 10,800.00 12 R&R PCC Cross - Gutter 2,200 SF 16.00 35,200.00 19.00 41,800.00 18.00 39,600.00 13 R&R PCC Driveway 1,400 SF 13.00 18,200.00 15.00 21,000.00 8.50 11,900.00 14 Protect Survey Monument 5 EA 400.00 2,000.00 400.00 2,000.00 546.00 2,730.00 15 Traffic Signal Loops 6 EA 350.00 2,100.00 215.00 1,290.00 209.00 1,254.00 16 Install Bhre RPM'S 2 EA 150.00 300.00 55.00 1 10.00 54.00 108.00 17 12" White Xwalk (thermo) 91 LF 10.00 910.00 5.50 500.50 5.50 500.50 18 12" Yellow Xwalk (thamo 861 LF 4.00 3,444.00 3.90 3,357.90 3.75 3,228.75 19 Striping Detail #22 512 LF 6.00 3,072.00 4.40 2,252.80 4.30 2,201.60 20 Striping Detail #38 85 LF 6.00 510.00 5.50 467.50 5.50 467.50 21 "CLEAR" Legend I EA 200.00 200.00 195.00 195.00 187.00 187.00 22 "STOP" Legend 11 EA 130.00 1,430.00 139.00 1,529.00 134.00 1,474.00 23 "SCHOOL" Legend 2 EA 300.00 600.00 277.00 554.00 268.00 536.00 24 "XING" Legend 2 EA 160.00 320.00 166.00 332.00 161.00 322.00 25 "AHEAD" Legend 2 EA 200.00 400.00 194.00 388.00 187.00 374.00 26 "KEEP" Legend I EA 130.00 130.00 138.00 138.00 134.00 134.00 27 Arrow Type IV 2 EA 100.00 200.00 89.00 178.00 85.60 171.20 28 Release 1 EA 1.00 1.00 1.00 1.00 1.00 1.00 Total Schedule A 3,006,488.40 3,058,084.95 3,093,281.45 Total Schedule B 348 442.00 405,2%.20 394 94.55 Total Bid 3,354,930.40 3,463,381.15 3,487,676.80 City of Moorpark Attachment 2 Bid Results: Tierra Rejade Road/Second Sheet Overlay Project Page 5 of 6 Bid Opening: Bidder » »> Vendor 6 September 11, 2007 Name: Silvia Construction, Inc. Schedule A Address: 90078 Center Avenue Tierra Rejads Road Cit, State: Rancho Cucamonga, CA 91730 Tel. No.: (909) 481 -8118 Contact Person: Joseph Silvia Ism Description Est Qty Units Unit Cost Total Bid Unit Cost Total Bid Unit Cost Total Bid 1 Traffic Control I LS 155,000.00 155,000.00 0.00 0.00 2 Stormwater I LS 5,100.00 5,100.00 0.00 0.00 3 Surface Preparation 1 LS 85,600.00 85,600.00 0.00 0.00 4 A/C Type D2 4,500 TN 97.00 436,500.00 0.00 0.00 5 ARHM 18,500 TN 95.00 1,757,500.00 0.00 0.00 6 Reinforomg Fabric 147,922 SY 1.08 159,755.76 0.00 0.00 7 Milling 1,303,767 SF 035 456,318.45 0.00 0.00 8 R &R PCC Curb 50 LF 59.00 2,950.00 0.00 0.00 9 R&R PCC Curb & Gutter 50 LF 75.00 3,750.00 0.00 0.00 10 SD Manhole Covers 17 EA 630.00 10,710.00 0.00 0.00 I 1 Protect Survey Monument 30 EA 683.00 20,490.00 0.00 0.00 12 Shoulder Bacidng 1,285 LF 9.00 11,565.00 0.00 0.00 13 Traffic Signal Loops 122 EA 205.00 25,010.00 0.00 0.00 14 Install Blue RPM's 6 EA 26.00 156.00 0.00 0.00 15 12" White Xwalk ( thermo) 1,261 LF 2.10 2,648.10 0.00 0.00 16 12" Yellow Xwalk (thermo 1,406 LF 2.10 2,952.60 0.00 0.00 17 Striping Detail #13 38,022 LF 0.32 12,167.04 0.00 0.00 18 Striping Detail #21 62 LF 2.10 13020 0.00 0.00 19 Striping Detail #23 104 LF 2.60 270.40 0.00 0.00 20 Striping Detail #24 3,024 LF 0.60 1,814.40 0.00 0.00 21 Striping Detail #27B 1,980 LF 0.60 1,188.00 0.00 0.00 22 Striping Detail #36 300 LF 0.90 270.00 0.00 0.00 23 Striping Detail #37B 125 LF 1.00 125.00 0.00 0.00 24 Striping Detail #38 2,056 LF 1.00 2,056.00 0.00 0.00 25 Striping Detail #38C 3,263 LF 1.05 3,426.15 0.00 0,00 26 Striping Detail #39 31,626 LF 0.33 10,436.58 0.00 0.00 27 Striping Detail #39A 3,272 LF 0.33 1,079.76 0.00 0.00 28 23" Legend 3 EA 63.00 189.00 0.00 0.00 29 NORTH' Legend 3 EA 158.00 474.00 0.00 0.00 30 Bicycle Group Legend 30 EA 63.00 1,890.00 0.00 0.00 31 AHEAD' Legend 12 EA 126.00 1,512.00 0.00 0.00 32 SIGNAL' Legend 12 EA 147.00 1,764.00 0.00 0.00 33 Arrow Type 1V 56 EA 79.00 4,424.00 0.00 0.00 34 Release I EA 1.00 1.00 0.00 0.00 Total 3,179,223.44 0.00 0.00 ICity of Moorpark Bid Results: Tierra Rejada Road/Second Street Overlay Project Bid Opening: Bidder » »> September 11, 2007 LS Name: Schedule B Stormwater Address: Second Street 3,000.00 Cit, State: Surface Preparation I Tel. No.: 5,350.00 4 Contact Person: Item Description TN Est Qty Units 5 R &R 8" A/C Vendor 6 Silvia Construction, Inc. 90078 Center Avenue Rancho Cucamonga, CA 91730 (909) 481 -8118 Joseph Silvia Unit Cost I Traffic Control 1 LS 25,000.00 2 Stormwater 1 LS 3,000.00 3 Surface Preparation I LS 5,350.00 4 ARHM 950 TN 102.00 5 R &R 8" A/C 5,800 SF 7.80 6 R&R 6" A/C 10,700 SF 5.80 7 5' Digout 4,500 SF 4.85 8 Pavement Milling 76,500 SF 0.29 9 R &R PCC Sidewalk 400 SF 7.60 10 R&R PCC Club 600 LF 51.70 11 R &R PCC Curb & Gutter 200 LF 72.70 12 R&R PCC Cross - Gutter 2,200 SF 18.20 13 R &R PCC Driveway 1,400 SF 7.10 14 Protect Survey Monument 5 EA 683.00 15 Traffic Signal Loops 6 EA 205.00 16 Install Blue RPM'S 2 EA 53.00 17 12" White Xwalk (thereto) 91 LF 5.30 18 12" Yellow Xwalk ( thereto 861 LF 3.70 19 Striping Detail #22 512 LF 4.20 20 Striping Detail #38 85 LF 5.40 21 "CLEAR" Legend 1 EA 184.00 22 "STOP" Legend 11 EA 131.00 23 "SCHOOL" Legend 2 EA 263.00 24 "XING" Legend 2 EA 158.00 25 "AHEAD" Legend 2 EA 184.00 26 "KEEP" Legend 1 EA 131.00 27 Arrow Type IV' 2 EA 84.00 28 Release 1 EA 1.00 Attachment 2 I Page 6 of 6 Total Bid Unit Cost Total Bid Unit Cost Total Bid 25,000.00 0.00 Total Bid 0.00 3,000.00 3,573,526.84 0.00 0.00 0.00 5,350.00 0.00 0.00 96,900.00 0.00 0.00 45,240.00 0.00 0.00 62,060.00 0.00 0.00 21,825.00 0.00 0.00 22,185.00 0.00 0.00 3,040.00 0.00 0.00 31,020.00 0.00 0.00 14,540.00 0.00 0.00 40,040.00 0.00 0.00 9,940.00 0.00 0.00 3,415.00 0.00 0.00 1,230.00 0.00 0.00 106.00 0.00 0.00 482.30 0.00 0.00 3,185.70 0.00 0.00 2,150.40 0.00 0.00 459.00 0.00 0.00 184.00 0.00 0.00 1,441.00 0.00 0.00 526.00 0.00 0.00 316.00 0.00 0.00 368.00 0.00 0.00 131.00 0.00 0.00 168.00 0.00 0.00 1.00 0.00 0.00 Total Schedule A Total Schedule B 3,179,223.44 394 03.40 0.00 0.00 0.00 0.00 Total Bid 3,573,526.84 0.00 0.00 ATTACHMENT 3 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FY 2007/08 BUDGET TO REVISE THE APPROPRIATIONS AND BUDGET AMOUNTS FOR PROJECT 8011: TIERRA REJADA ROAD / SECOND STREET ASPHALT OVERLAY PROJECT [GENERAL FUND (FUND 1000); TRAFFIC SYSTEM MANAGEMENT (FUND 2001); CITY -WIDE TRAFFIC MITIGATION (FUND 2002); LTF — TDA ARTICLE 8A (FUND 2603); STP — LOCAL FEDERAL GRANT (FUND 2604); CIWMB RECYCLED TIRE STATE GRANT (FUND 2609); TRAFFIC CONGESTION RELIEF STATE GRANT (FUND 2610); MRA AREA 1 2001 BOND (FUND 2904)] WHEREAS, on June 20, 2007, the City Council adopted the Budget for Fiscal Year 2007/08; and WHEREAS, a staff report has been presented to the City Council requesting a budget adjustments in the aggregate amount of $1,423,000; 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 $1,423,000, 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 3`d day of October, 2007. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit "A"— Budget Amendment Detail SAPublic Works \Everyone \Staff Reports\2OOnOctober\TR AC Overlay Award.doc i ) Q1() A' 4 Resolution No. 2007- EXHIBIT "A" BUDGET AMENDMENT FOR Project 8011: Tierra Rejada Rd / Second St AC Overlay Project FY 2007 -2008 FUND ALLOCATION FROM: Fund Account Number Amount General Fund 1000 -5500 $ 1,541,500.00 Traffic System Management 2001 -5500 $ 1,000,000.00 City-Wide Traffic Mitigation Fund 2002 -5500 $ 600,000.00 MRA Area 1 2001 Bond Proceeds 2904 -5500 $ 281,500.00 $ 20,000.00 Total $ 1,423,000.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget Tierra Rejada Rd. 2603 - 8310- 8011 -9601: Design $ 20,000.00 $ 20,000.00 2603- 8310 - 8002 -9640: Construction $ 150,623.00 $ 100,000.00 $ 50,623.00 2603 - 8310- 8011 -9650: Inspection $ - $ 90,000.00 $ 90,000.00 1000- 8310- 8011 -9640: Construction $ - $ 1,541,500.00 $ 1,541,500.00 2001 - 8310- 8011 -9640: Construction $ 1,000,000.00 $ 1,000,000.00 $ - 2002 -8310- 8011 -9640: Construction $ - $ 600,000.00 $ 600,000.00 2604 -8310- 8011 -9640: Construction $ 562,423.00 $ 562,423.00 2609- 8310- 8011 -9640: Construction $ 180,000.00 $ 180,000.00 2610- 8310- 8011 -9640: Construction $ 300,000.00 $ - $ 300,000.00 Sub -Total Construction Tierra Rejada $ 2,042,423.00 $ 1,141,500.00 $ 3,183,923.00 Second Street 2603- 8310- 8011 -9650: Inspection $ - $ 10,000.00 $ 10,000.00 2604 -8310- 8011 -9640: Construction $ 33,500.00 $ 33,500.00 2609- 8310- 8011 -9640: Construction $ 20,000.00 $ 20,000.00 2904 - 8310- 8011 -9640: Construction $ - $ 281,500.00 $ 281,500.00 Sub -Total Construction Second Streetl $ 53,500.00 $ 281,500.00 $ 335,000.00 Total 1 $ 2,266,546.00 1 $ 1,423,000.00 $ 3,689,546.00 Approved as to Form: !/ SAPublic Works \Everyone \Staff Reports \2007\Oct0ber \TR AC Overlay Exhibit A.As Attachment 4 MPK 07 -02 AGREEMENT FOR CONSTRUCTION SERVICES TIERRA REJADA ROAD AND SECOND STREET PAVEMENT REHABILITATION PROJECT SPECIFICATION NO. MPK 07 -02 FEDERAL AID No. STPL -5436 (013) THIS AGREEMENT, made and entered into this day of September, 2007, in the County of Ventura, State of California, by and between the City of Moorpark, a municipal corporation (hereinafter "Agency") and, Palp, Inc. DBA Excel Paving Company (hereinafter "Contractor"). WHEREAS, the City Council of the City of Moorpark at a meeting held on the I day of September, 2007, authorized the City Manager and City Clerk to enter into this Agreement after public bidding in accordance with California Public Code Section 20160, et se wc. 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 the pavement rehabilitation measures set forth in the plans and specifications (Spec. No. MPK 07 -02), 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. Tierra Rejada Road and Second Street Pavement Rehabilitation Page 1 of 51 o �r • � MPK 07 -02 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 Provisions, except as such time may be extended in writing by the Agency in accordance with the Specifications, time being of the essence. 4. Liuddated 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 ($1,500) 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 53069.851 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 three million, one hundred, eighty -nine thousand, three hundred and sixty -four dollars and forty -nine cents ($3,198,364.49), 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 fumishes 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] Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 2of51 MPK 07 -02 7. Leaal Reauirements 7.1 Pursuant to Califomia Labor Code Section 1810, et sea., 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 18131 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, Califomia 93021. [Labor Code Section 1773.21 (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 1773.21 (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 Califomia 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 Califomia 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 Califomia 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. Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 3 of 51 1➢ 0 tj ; MPK 07 -02 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 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 Califomia Department of Transportation Standard Specifications, May 2006. Special Provisions Construction Plans [see Appendices] Addenda No. 1 & 2 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 Tierra Rejada Road and Second Street Pavement Rehabilitation Projed Page 4of51 iyOo4..''f MPK 07 -02 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 Agency 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 Agency, 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 Agency. 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 Agency under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Agency for liability attributable to the active Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 5of51 000 k *'<14 MPK 07 -02 negligence of Agency, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Agency is shown to have been actively negligent and where Agency'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 Agency. 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 Agency to monitor compliance with these requirements imposes no additional obligations on Agency and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Agency 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, Agency may, in its sole discretion, reserve, retain, or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, Agency may release such funds if the Contractor provides Agency with reasonable assurance of protection of the Indemnitees' interests. Agency 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 Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 6of51 MPK 07 -02 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: City of Moorpark Attn: City Manager 799 Moorpark Avenue Moorpark, CA 93021 (805) 517 -6255 Tierra Rejada Road and Second Street Pavement Rehabilitation P Page 7 of 51 n% (J i` ��) (_) MPK 07 -02 and to the Contractor at: Excel Paving Company Attn: C.P. Brown, President 2230 Lemon Avenue Long Beach, CA 90806 (562) 599 -5841 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. Assionment 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 Agency and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. 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. Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 8 of 51 1) 0 0 "! �� �. MPK 07 -02 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 Agreement. 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 Agency may be entitled. 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: Steven Kueny, City Manager Date: ATTEST: Deborah Traffenstedt, City Clerk Date: EXCEL PAVING COMPANY C.P. Brown, President Date: Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 9 of 51 i Y lu () 11 i }..) MPK 07 -02 EXHIBIT A CONTRACTOR'S PROPOSAL Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 10 of 51 It i t MPK 07 -02 CITY OF MOORPARK DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION PROPOSAL FOR TIERRA REJADA ROAD AND SECOND STREET PAVEMENT REHABILITATION PROJECT Tierra Rejada Road and Second Street Pavement Rehabilitatiop P 0" Page 11 of 51 {� +y'- i_ 0 MPK 07 -02 DEPARTMENT OF PUBLIC WORKS PROPOSAL FOR TIERRA REJADA ROAD AND SECOND STREET PAVEMENT REHABILITATION PROJECT Specification No. MPK 07 -02 Bids to be received on September 11. 2007, at 3 :00 p.m. Completion Time: 60 Consecutive Working Days After Receipt of Notice to Proceed Liquidated Damages $1,500 Per Calendar Day Number of Pages in Proposal 28 CONTRACTOR Name tXF,, M. DBA EXCEL. PAVING COMPAWY Street Address 2230 LEMON AVENUE UM DUCH, CA 90806 City State Zip Code Telephone Number j 6,,#j Fax Number FAX (562)501.7�M ,5' (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 17 THROUGH " FULLY EXECUTED WITH THIS PROPOSAL Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 12 of 51 000% _ ' 1�c _l.a ;` MPK 07 -02 LIST OF DOCUMENTS TO BE SUBMITTED WITH PROPOSAL FOR TIERRA REJADA ROAD AND SECOND STREET PAVEMENT REHABILITATION PROJECT Instructions For Signing Proposal, Bonds, and Contract ............................... Page 19 Contractor's Proposal Statement .................................... ............................... Page 20 Proposed Schedule of Work and Prices ......................... ............................... Page 21 Bidder's Bond to Accompany Proposal .......................... ............................... Page 26 Form to Accompany Bid Bond ........................................ ............................... Page 27 Statement of Bidder's Qualifications and References ..... ............................... Page 28 Statement of Bidder's Past Contract Disqualifications .... ............................... Page 30 Questionnaire Regarding Subcontractors ....................... ............................... Page 31 Bidder's Statement of Subcontractors and Material Fabricators .................... Page 32 Non - collision Affidavit ..................................................... ............................... Page 33 Equal Opportunity Certificate .......................................... ............................... Page 34 Title 49, Code of Federal Regulations Part 29 Debarment and Suspension Certification .............................................. ............................... Page 35 Local City Bidder DBE Information .................................. ........._..................... Page 37 Nonlobbying Certification For Federal Aid Contracts ...... ............................... Page 40 Disclosure for Lobbying Activities ................................... ............................... Page 41 Page 13 of 51 Tierra Rejada Road and Second Street Pavement Rehabilitation Project MPK 07 -02 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 Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 14 of 51 t MPK 07 -02 CONTRACTOR'S PROPOSAL STATEMENT City of Moorpark Moorpark, California 93021 Pursuant to the foregoing Notice Inviting Bids, the undersigned declares that he/she has carefully examined the location of the proposed work, that he /she has examined the Plans and Specifications and read the accompanying instructions to bidders, and hereby proposes to fumish 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 registratio of Contractor's License No. . Class I Expiration Date fi . % Names of Co- Partners or Corporate Officers and Titles: Signature of Bidder Signature of Bidder Title tN`f- E. DRAKULICH, ASST. SECRETARY Name of Contractor or Firm Date of Submittal !-'T I I 2`17 07 Telephone No. ( 6 ` ¢►1 �;y.,;.p Address 2W I.ElXN AV Lm eaum, m MW �OiiPOtillipN ftwow Doing Business as Individual /Partnership /Corporation State of Incorporation Federal Tax Identification Number: FO, 25=914 ALL SIGNATURES MUST BE NOTARIZED (Attach or Affix Executed Acknowledgement Form, and Corporate Seal if Applicable Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 15 of 51 iyt:04,:c.%i! SCHEDULE A — TIERRA REJADA ROAD PROPOSED SCHEDULE OF WORK AND PRICES TIERRA REJADA ROAD AND SECOND STREET PAVEMENT REHABILITATION PROJECT PV *ADDITIONS /DEDUCTIONS MIRK 07 -02 TOTAL AMOUNT BID $ Bid Item No. New Total Addition for: + Addition for: + Addition for: + Deduction for: - Deduction for: - Deduction for: - Adjusted Total Bid Amount: $ Adjusted Total Bid Amount in Words: * *Sales Tax Adjustment (If Applicable) * Provisions are made for the bidder to include additions or deductions in price for bid item(s) to reflect last- minute adjustments in bidder's total bid amount. The bid item for which the addition or deduction in price is made shall be listed by the bidder as indicated above. The unit price for that item (if applicable) shall be adjusted by dividing the bid quantity into the new total amount as determined after adding or subtracting the amount listed by the contractor for such item. ** Sales tax deduction entered on this line is the amount the bid is to be reduced in order to receive credit for purchases made in the City of Moorpark pursuant to Bid Terms and Conditions, Sales Tax Reimbursements. The following addenda are acknowledged: Number Dale (Bidder must fill in number and date of X 3 /c r7 each addendum or may enter the word "None" if appropriate.) make this Proposal and certify under penalty of perjury that all the statements in this proposal that I have signed are true and correct. U. PI R UCOM Contractor's NamdQa:l. ffiJ JG CQMMW Contractor's Name Signature Date Title 1: � • f ^ Sig t � � � Date , MiCHKLF E. DRAKUUCH, ASST. SECRETARY Title Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 16 of 51 } MPK 07 -02 SCHEDULE A - TIERRA REJADA ROAD PROPOSED SCHEDULE OF WORK AND PRICES FOR TIERRA REJADA ROAD AND SECOND STREET PAVEMENT REHABILITATION PROJECT ITEM NO. ITEM DESCRIPTION PAYMENT REF. UNIT QUANTITY UNIT PRICE ITEM TOTAL PRICE 1 Traffic Control 702 -8 LS 1 Q',U -- 2 Storm Water Pollution Control Program 703 -2 LS 1 3 Street Surface Preparation 704-4 LS 1 4 Asphalt Concrete Type D2 PG64 -10 707 -7 TN 4,500 ISM 5 Asphalt Rubber Hot -Mix ARHM 708-6 TN 18,500 i 6 Pavement Reinforcing Fabric 710-4 SY 147,922 $0 7 Pavement Milling (Depth 0.21' 711-6 SF 1,303,767 Z 8 Remove & Replace PCC Curti 712 -5 LF 50 l- 9 Remove & Replace PCC Curb & Gutter 712 -5 LF 50 ZWO -., 10 Adjust Storm Drain Manhole Covers to Finish Grade 714 -3 EA 17 11 aw. — 11 Protect Survey Monumentation 716 -3 EA 30 14 47YL 12 Place Shoulder Backing 713-4 LF 1,285 13 Traffic Signal Loos 715-6 EA 122 2 D - 14 Install Blue RPM's Fire Hydrant 717 -7 EA 6 15 12" White Crosswalk/Limit Line Thermo 717 -7 LF 1,261 Q •- 16 12" Yellow Crosswalk Thermo 717 -7 LF 1,406 2. _= ZO 17 IStriping Detail # 13 Thermo & Markers 717 -7 LF 38,022 fJ ; Z(► 18 IStriping Detail # 21 (Thermo) 717 -7 LF 62 19 Striping Detail # 23 Markers 717 -7 LF 104 ... 20 Striping Detail # 24 Thermo 717 -7 LF 3,024 21 Striping Detail # 27B (Thermo) 717 -7 LF 1,980 22 Striping Detail # 36 Thermo 717 -7 LF 300 3 23 Striping Detail # 378 Thermo & Markers 717 -7 1 LF 125 24 Striping Detail # 38 (Thermo & Markers 717 -7 LF 2,056 lq 2 25 Striping Detail # 38C Thermo & Markers 717 -7 LF 3,263 26 Striping Detail # 39 Thermo 717 -7 LF 31,626 27 Striping Detail # 39A Thermo 717 -7 LF 3,272 0.311 11 z- 28 "23" Legend Thermo 717 -7 EA 3 — 29 "NORTH" Legend Thermo 717 -7 EA 3 30 Bicycle Group Legend Paint 717 -7 EA 30 -- i4l to r 31 "AHEAD" Legend Thermo 717 -7 EA 12 132.- i5ft- 32 "SIGNAL" Legend Thermo 717 -7 EA 12 i 33 Arrow Type IV Thermo 717 -7 EA 56 Z - 34 Release on Contract 718 -2 EA 1 $1.001 $1.00 TOTAL AMOUNT OF 810: 3 75- 1. SCHEDULE A Contractors Name W. VC.NA `i /r U Contractor Must Bid on Schedule A and Schedule B SING Tierra Rejada Road and Second Street Page 17 of 51 � L ft Pavement Rehabilitation grc�iec,t'' s: )o State of California County of Los Angeles on'. :i? f i rJol ACKNOWLEDGMENT before me, C. Phillips, Notary Public (here insert name and title of the officer) personally appeared PALP DBA EXCEL PAVING CO. By C.P. Brown, President And Michele E. Drakulich, Assistant Secretary 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 acknowledged to me that he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �' ,�l , C. Ff' S Ccr . J 1 �misston# . 4,92824 No!a(y FL' -1 r - Catrfomia Los Ang�)ies County Signature �.,; ny f�;m Er �, x, i1 2eo� ?. (Seat) Page 18 of 51 MPK 07 -02 SCHEDULE B — SECOND STREET PROPOSED SCHEDULE OF WORK AND PRICES TIERRA REJADA ROAD AND SECOND STREET PAVEMENT REHABILITATION PROJECT *ADDITIONS /DEDUCTIONS TOTAL AMOUNT BID Bid Item No Addition for: Addition for: Addition for: Deduction for Deduction for: Deduction for: Adjusted Total Bid Amount: Adjusted Total Bid Amount in Words: New Total F * *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: mber D to 1 (Bidder must fill in number and date of 31 u each addendum or may enter the word Z qVi a Liq "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. PtALP. M OBA AALP. M OBA Contractor's Nam t PAWNG (8~ Contra tor's Name C 1 f r!t t o /( Signature Date Signature Date <J►l f , ���r: =: �: � c MICHIRF I=. QRAKULICH, ASST. SECRETARY Title Title Tierra Reiada Road and Second Street Pavement Rehabilitation Project Page 19 of 51 i ) 0 0 J 1) "'!, MPK 07 -02 SCHEDULE B - SECOND STREET PROPOSED SCHEDULE OF WORK AND PRICES FOR TIERRA REJADA ROAD AND SECOND STREET PAVEMENT REHABILITATION PROJECT ITEM NO. ITEM DESCRIPTION PAYMENT REF. UNIT QUANTITY UNIT PRICE ITEM TOTAL PRICE 1 Traffic Control 702 -8 LS 1 160- 7-IM 2 Storm Water Pollution Control Pr ram 703 -2 LS 1 3 Street Surface Preparation 704-4 LS 1 -- 4 Asphalt Rubber Hot -Mix ARHM 708-6 TN 950 — 5 Remove & Replace 8" Asphalt Concrete 709 -4 SF 5,800 6 Remove & Replace 6" Asphalt Concrete 709 -4 SF 10,700 7 5" Di out 709 -4 SF 4,500 8 Pavement Milling (Depth 0.15' 711-6 SF 76,500 -- 9 Remove & Replace PCC Sidewalk 712 -5 SF 400 10 Remove & Replace PCC Curb 712 -5 LF 600 3L 166M 11 Remove & Replace PCC Curb & Gutter 712 -5 LF 200 12 Remove & Replace PCC Cross - Gutter 712 -5 SF 2,200 -- 13 Remove & Replace PCC Driveway 712 -5 SF 1,400 — l -- 14 Protect Survey Monumentation 716 -3 EA 5 15 Traffic Signal Loos 715 -6 EA 6 16 Install Blue RPM'S Fire Hydrant 717 -7 EA 2 17 12" White Crosswalk/Limit Line Thermo 717 -7 LF 91 CAM, r 18 12" Yellow Crosswalk Thermo 717 -7 LF 861 z, do' 19 Striping Detail # 22 (Thermo) 717 -7 LF 512 41 -T ,2 Zm 20 Striping Detail # 38 Thermo & Markers 717 -7 LF 85 — ' 21 "CLEAR" Legend Thermo 717 -7 EA 1 9 22 "STOP" Legend Thermo 717 -7 EA 11 23 "SCHOOL" Legend Thermo 717 -7 EA 2 272 24 "XING" Legend Thermo 717 -7 EA 2 / 25 "AHEAD" Legend Thermo 717 -7 EA 2 26 "KEEP" Legend Thermo 717 -7 EA 1 / - 27 Arrow Type IV Thermo 717 -7 EA 2 28 Release on Contract 718 -2 EA 1 $1.00 $1.00 TOTAL AMOUNT OF BID:! ip SCHEDULE B Contractor's Name Fw- MOM Contractor Must Bid on Schedule A and Schedule B Tierra Rejada Road and Second Street Page 20 of 51 Pavement Rehabilitation WOOO A; 9 Z-� MPK 07 -02 PROPOSED SCHEDULE OF WORK AND PRICES TIERRA REJADA ROAD AND SECOND STREET PAVEMENT REHABILITATION PROJECT SCHEDULE A AND SCHEDULE B SUMMARY 7 Q, -A -,1 0,1: ') )& Total Amount Bid for Schedule A Total Amount Bid for Schedule B $� 6�► Grand Total Amount for Schedules A and B combined Is 31- qw. Contractor shall bid on both Schedule A and Schedule B. Tierra Rejada Road and Second Street Page 21 of 51 Pavement Rehabilitation�P,ft + v J MPK 07 -02 BIDDER'S BOND TO ACCOMPANY PROPOSAL (in lieu of cash, certified or cashier's check) KNOW ALL PERSONS BY THESE PRESENTS: That we, PALP Inc. dba Excel Paving company as Principal, and Federal 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 27th day of August , 2007. PALP Inc. dba Excel Paving Coppeny Contractor By 4n, Title 0. C By TitleMICHELE E. DRAKULICN, ASST. SECRETARY Federal Insurance Ccaipany Surety By — Dougla A. Rapp ttorney ii? Fact Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 22 of 51 t � „•. c MPK 07 -02 TITLE 49, CODE OF FEDERAL REGULATIONS PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The bidder under penalty of perjury, certifies that except as noted below, the bidder or any person associated therewith in the capacity of owner, partner, director, officer, or manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against bidder by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. If there are any exceptions to this certification, insert the exceptions in the following space. 1 \ 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. ij0001.13E1 Tierra Rejada Road and Second Street I Page 23 of 51 Pavement Rehabilitation Project ACKNOWLEDGMENT State of California County of Orange On Aug. 27, 2007 before me, A. P. Coats, Notary Public (here insert name and tifie of the officer) personally appeared Douglas A. Rapp 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 acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand o icial seal. 5 Signatur °" �t see (Seal) Page 24 of 51 y)�i 0lk'f`) -1 State of California County of Los Angeles n� ACKNOWLEDGMENT before me, C. Phillips, Notary Public (here insert name and title of the officer) personally appeared PALP DBA EXCEL PAVING CO. By C.P. Brown, President And Michele E. Drakulich, Assistant Secretary 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 acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 'u' C. Fl-ILLIPS _ Ccr „rnission, k +492B24 � Notary Pu;ac - CaWorma A u Los lvngdes Cowity rN Signature �, Comm. hF,ret No} ;I, 1DgA (Seal) page 25 of 51 + 0 j, +_I i r” .4. ) c� MPK 07- 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 Licensed License No. & Class sin ddress �Bg72Z �� 's s �iAV 3 Z G8 3 I 04WA -4 c4 Signatures of Bidder Date Title Specific Description of Subcontract and Portion of The Work to be Done k 'uX � - ti d6j,!t �ignature(s) of Bidder Date i i�t4iEkf E. URAKUUCH, ASST. SECRETARY Title ALL SIGNATURES MUST BE NOTARIZED Attach or Affix Executed Acknowledgement Form I10OiJ99 Tierra Rejada Road and Second Street Page 26 of 51 Pavement Rehabilitation Project State of California County of Los Mgeles On ACKNOWLEDGMENT before me, C. Phillips. Notary P blir (here insert name and title of the officer) personally appeared PALP DBA EXCEL PAVING CO. By C. P. Brown President, and Michele E. Drakulich, Assistant Secretary 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 acknowledged to me that he/she /t executed the same in his/hedthek 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. WITNESS my hand and official seal. R r C. PHILLIPS Commission. 4 1492824 ry� t. ng °'es County Signature Ny c ;,,. krPlfvs 1;17 lt. )oor (Seal) 0001.00 Page 27 of 51 MPK 07 -02 BIDDER'S STATEMENT OF SUBCONTRATORS AND MATERIAL FABRICATORS Without exception, the bidder is required to state the name and address of each subcontractor and the portion of the work which each will do as required by Section 2 -3, "Subcontracts ", of the Standard Specifications and in conformance with Public Contracts Code, Sections 4100 to 4113,. inclusive. Without limiting the generality of the foregoing, any contractor making a bid or offer to perform the work, shall set forth in the Proposal: (a) The name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one -half of one percent of the prime contractor's total bid; and (b) The portion of the work which will be done by each subcontractor. The prime contractor shall list only one subcontractor for each portion. The undersigned submits herewith a list of subcontractors in conformance with the foregoing: Name Under Which Specific Description of Subcontractor is License Subcontract and Portion of Licensed No. & Class Business Address The Work to be Done 666A dad kwP "0 W1*1AW lowr M4T�l 04M LW (AGr1�F1, TAa&i LSSNt, y s lot 1 1721 itV A).DlM, w>' ?a c Signature s) of Bidder Date ignature(s) of Bidder Date Title ALL SIGNATURES MUST BE NOTARIZED Attach or Affix Executed Acknowledgement Form 19001.01 Tierra Rejada Road and Second Street Page 28 of 51 Pavement Rehabilitation Project ACKNOWLEDGMENT State of California County of Los Angeles On before me, C. Phillips, Notary Public (here insert name and title of the officer) personally appeared PALP DBA EXCEL PAVING CO. By C.P. Brown, President And Michele E. Drakulich, Assistant Secretary 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 acknowledged to me that he/she/they executed the same in his/herfftk 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. C. FrILLIPS ^ ~` °��� Cor,�rmssion. � 1492824 WITNESS my hand And official seal. .yr � m. ;l Notary Pu:. c - Califomra Los A rgNles County ri Comm. Ec£a MAY 31, 2641 Signature �- .��:,:,, --- - (Seal) Page 29 of 51 000111 ".102> MPK 07 -02 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. mp.. 0cm DUEL PAVi1Ht3 COMFAW Name of Bidder C. P. p.;,0w Signature of Bidder PRES;DPI i MR W-MA DIM PAVING GQ~ Nagne of Bidder A C'LL �.�� Signature of BidderlAte "jiE F. DRAKU11CH, ASST. SECRETARY 2230 LEMON AVENUE 1 nNG BFACH_CA 90806 Address of Bidder ALL SIGNATURES MUST BE NOTARIZED (Attach or Affix Executed Acknowledgment Form) Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 30 of 51 MPK 07 -02 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. W. MIC OBA EM PAVING CO~ Name of Bidding Company By Authorized Signature Title (Typed) 'i Date 000104 Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 31 of 51 MPK 07 -02 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 (,)-o' 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 (✓< 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 day of 2007. PULP. WILMA NameM rOLVAUV Y By ✓ Title By 14t �( WCREt.EE. DRAKULICN- AS T_ SECRETARY Title (i0 j►1a;4 Tierra Rejada Road and Second Street Page 32 of 51 Pavement Rehabilitation Project ACKNOWLEDGMENT State of California County of Los Angeles On i'•;..'s' '.',' before me, C. Phillips, Notary Public (here insert name and title of the officer) personally appeared PALP DBA EXCEL PAVING CO. By C.P. Brown, President And Michele E. Drakulich, Assistant Secretary personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /010k 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. WITNESS my hand and official seal. C. FHLLIPS Ccnmsss�on. 0 149 a -� 2824 No!ary Pu; is - Califomia y ,�' Los A p)es Ccwnry Signature wr "^ �* f. Mar 31, root 9 max: ;�., (Seal) Page 33 of 51 Chubb POWER Federal Insurance Company Attn: Surety Deparbnent C OF Sure Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 KnowAX by These Pnsss n That FEDERAL INSURANCE COMPANY. an Indiana corporation, VIGILANT IMRANM COMPAN+NY> a NswrYork oonpora8on, and PACIFIC INDEMN TY COMPANY. a Wisconsin corporation, do each 1191e13y OOruftm and appoint Douglas A. Rapp or Linda D. Coats of Laguna Hills, California---------------------------- - - - - -- each as their true and lawful Attomey-i-Faa to nasals under such designalion in their names and to affix their corporate seals to and delver for and on their behel as surely Imam or ofherwlae, bands and undertakings and other writings obligatory in the nature thereof (other than bal bonds) gives or executed in the course of business, and any instruments amending or altering the same. and consents to the modIcation or allegation of any instrument referred to in said bonds or obligations. M Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEIIAMTY COMPANY have each executed and attested these presents and of wd their corporate seals on this 22nd day d January, 2004 STATE OF NEW JERSEY rs. county of Somerset on this 2 2 ndiay d January, 2004 . thefore me, a Notary Pubic of Now Jersey, pr wru ft cam. Kenneth C. Wbrhdsl, to rae bhouRh to beAnMtrt Secretary d FEDERAL INWRANCE OOMPANY, VIGILANT *tSURANCE COMPANY, and PACIFIC IA)EKNITY COMPANY, the oo W w which a xacrled ow fonWNV Power dAttomey, and the acid Kerrnth C Wiardel b*V by me duly sworn, did depose and say that he MAedeisnt Secretary d FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY and knows the caporals seek riersoL that the assts ala.d b On foregalnp Power dAor ey are such corporate seats and were therelo atbaedby sulhodty d to By-Laws d ssW Companies: and Thal he soma said Power d Aftnw asAsdslant Secretary of said Ccnpenles by Ilia aulhorky; snd riot the Is aw oebled with Frank E RoberMn and lohows him b be Vice Presidrd of saki ConpanMs; and that the siprhsluw of Frank E. Robertson, subsrxeed to seld Power dAtbrney Is in the grurirw h arvk%Oing of Frank E Robertsm and was rierelo subsorlbed by audwrily of add By-Lam and in depanrt'a pnhenc�e. Nam seal Karen A. Price R,� Notary Public State of, New Jersey yyy ���m `� No. 2231647 Notary �.� �• LNG > of FEDEFIAL INSURANCE COMPANY, VnILANT INSURANCE COMPANY, and PACIFIC INDEIb n Y COMPANY: "Al attorney for and on behalf of the Company may and shall be exeated In the name and on behalf of the Company, either by the Chairnen or the President or a Vice President or an Assistant Ice President, jointly with the Secretary or an Assistant Secretary, 11 'a Veit respective designations. The signature of such outage may be engraved, printed or Mlhograpbed. The aignatrure of each of the following oNkma: C haiinm n, President, any Vice Pmaidert, any Assistant Vice President. any Secretary , any Assistant Secetwy and the seal d the Company may . be affted by facslmis to any power of aVamey or to any asrdHcde reh tng thereto appokft Assistant Secretaries or Abomwys•in -Fact for puposea only of exem&V and attesting bonds and undertakings and otter w dfinp cblgalory In the nature thereof, and any such power of allDmey or certificate bowing such tacskft sign "o or facsin b seal shag be vald and binding upon to Company and any such power so executed and oerdlied by such facsilmle sknalure and facai ile seal shag be vald and bkWfng upon the Company with respect to any bond or nmderhalirhg to wthidh It Is atachhee 1. Kenneth C. Vilencieli, Asrsistant Secretory of FFDEHALINSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC IIDBAWY COMPANY (the 'Companies) do hereby ced ly tat () the bregoing exbW of the By -Lava of the Companies is true and correct (i) the Companies are duly licensed and authorized to transact surety business in al 50 of the United Sides of America and the District of Cokw bia and are authorized by the U. S. Treasury Deparunent; fuA , Federal and VVlart are licensed in Puerto Woo and the U. S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prirm Edward Island; and (if) the foregolrg Power of Attorney is true, correct and in fug force and effect. Gh mn under my hand and seals of said Companies at Vdamn, NJ this 27th day d August 2007 j MuSiAWp rt SAN Yp�ti -'� e 0 U 1 Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY.OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone 908 903 -3485 Fax 9 -8M e-mail: sure 0chubb.com ACKNOWLEDGMENT State of California County Of Los Angeles OnSCP 1 1 2007 before me, C. Phillips. Notary Public , (here insert name and title of the officer) personally appeared PALP DBA EXCEL PAVING CO. By Michele E. Drakulich Assistant Secretary Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisftdtheir 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. WITNESS my hand a official seal. ' ` °'" C. PHILLIPS Commission, # 1492824 I, Notary Public - Idtifornia A Signature Los Anyelcs (' ,ounly Ny Comm . Expires May SI, 1001 (Seal) 00011. S; Page 35 of 51 MPK 07 -02 aEE AITACHEID FORM TO ACCOMPANY BID BOND STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared know to be the Of and the same person whose name is subscribed to the within instrument as the of said And the said duly acknowledged to me that he /she subscribed the name of thereto as Surety and his /her own name as IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. Notary Public in and for said County and State aforesaid. If certified or cashiers check is submitted herewith, state check number and i Amount $ 0001 1.i9 Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 36 of 51 MPK 07 -02 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES The bidder is required to state the bidder's financial ability and a general description of similar work performed. Required Qualifications: Bidders must hold a valid State of California Contractor's License ( "A ") at the time the bid is submitted to the City, and must have satisfactorily completed at least three Southern California municipal projects in the last five years of comparable size to the scope of this project. Number of years engaged in providing the work included within the scope of the specifications under the present business name: &0 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 S � Tll��E� Customer Name: Contact Individual: Phone No. _ Address: Contract Amount: Year Description of work done: Reference No. 2 Customer Name: Contact Individual: Phone No. _ Address: Contract Amount: Year. Description of work done: Reference No. 3 Customer Name Contact Individual: Phone No. _ Address: Contract Amount: Year: Description of work done: Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 37 of 51 MPK 07 -02 STATEMENT OF BIDDER'S QUALIFICATIONS AND REFERENCES (Cont'd) STATE OF CALIFORNIA, COUNTY OF LOSAN6F1.S5 1 am the Of PALP WDU 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 I i ''! `; at � H , California. (date) (place) I declare, under penalty of perjury, that the foregoing is true and correct. 0 • h Signature of Bidder Title Signature of Bidder jAlaHSEE F. ORAKULICH, ASST. SECRETARY Title 000:11-1 Tierra Rejada Road and Second Street Page 38 of 51 Pavement Rehabilitation Project ACKNOWLEDGMENT State of California County of Los Aneeles On -'! -i before me, C. Phillips, Notary Public (here insert name and title of the officer) personally appeared PALP DBA EXCEL PAVING CO. By C.P. Brown, President And Michele E. Drakulich, Assistant Secretary 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 acknowledged to me that he /she/they executed the same in his/her /1210k authorized capacity(ies), and that by his /heritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. /��� C. FNILLIPS WITNESS my hand and official seal. Cor,,mission. # ta92824 m; No.ary Fu; ,;es • Calgomia Los Angeles County Comm. E, Tres 31 2{0{ Signature (Seat) 000:11-12 i2 Page 39 of 51 MPK 07 -02 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 _-1/ 2. If Yes, explain the circumstances. Executed on ' ' ! 'IA). at UNIDUCA , California. I declare, under penalty of perjury, that the foregoing is true and correct. (�A Signature(s) of Authorized Bidder Title 77 C Ako"� �, 114th I✓k-/ Signature(s) of Authorized Bidder MICHELE E. DRAKULICH, ASST_ SECRETARY Title Page 40 of 51 Tierra Rejada Road and Second Street Pavement Rehabilitation Project MPK 07 -02 EXHIBIT B Insurance 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. 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 as additional insureds 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 Agency'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 Agency. Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 41 of 51 4 � 0 1. MPK 07 -02 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. Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 42 of 51 MPK 07 -02 BOND FOR FAITHFUL PERFORMANCE BOND NO. KNOW ALL PERSONS BY THESE PRESENTS: That we, hereinafter referred to as "Contractor" as principal, and hereinafter referred to as "Surety," are held and firmly bound unto the City of Moorpark, California, hereinafter referred to as "City', or "Obligee" in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. This condition of the foregoing obligation is such that: WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the City of Moorpark, California, for the construction of the Tierra Rejada Road and Second Street Pavement Rehabilitation Project, MPK 07 -02, and is required by said City to give this bond in connection with the execution of said Contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said Contract to be done and performed at the time and in the manner specified herein, then this obligation shall be null and void one year after date of recordation of Notice of Completion by City of the completed work; otherwise it shall be and remain in full force and effect, and Surety shall cause the Contract to be fully performed or to pay to obligee the cost of performing said Contract in an amount not exceeding the said sum above specified, and shall also, in case suit is brought upon this bond, pay to obligee court costs and a reasonable attorney's fee, to be fixed by the court. Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 43 of 51 MPK 07 -02 BOND FOR FAITHFUL PERFORMANCE (confd) IT IS FUTHER PROVIDED, that any alterations in the work to be done or the material to be furnished shall not in any way release the Contractor or the Surety there under, no shall any extension of time granted under the provisions of the Contract release either the Contractor of the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety. WITNESS our hands this day of , 2007. Contractor By. Title By Title Surety By � +'; trd JL A- t' Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 44 of 51 MPK 07 -02 FORM TO ACCOMPANY BOND FOR FAITHFUL PERFORMANCE STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and swom, personally appeared , Personally known to be (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument; and know to be the roil and the same person whose name is subscribed to the within instrument as the of said and the said acknowledged to me that he /she subscribed the name of thereto as Surety and his /her own name as duly 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. Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 45 of 51 BOND FOR MATERIAL SUPPLIERS AND LABORERS KNOW ALL PERSONS BY THESE PRESENTS: That we, "Contractor" as principal, and MPK 07 -02 hereinafter referred to as hereinafter referred to as "Surety," are held and firmly bound unto the City of Moorpark, California, hereinafter referred to as "City', or "Obligee" in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with the City, for the construction of Tierra Rejada Road and Second Street Pavement Rehabilitation Project, MPK 07 -02, and is required by City to give this bond in connection with the execution of said Contract. NOW, THEREFORE, if the said principal as Contractor in said Contract or subcontractors, fails to pay for any materials, provisions, or its other supplies, or items, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorneys fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California. 00011,19 c9 Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 46 of 51 MPK 07 -02 BOND FOR MATERIAL SUPPLIERS AND LABORERS IT IS FURTHER PROVIDED, that any alterations in the work to be done or the material to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release either the Contractor or the Surety there under, nor shall any extensions of time granted under the provisions of said Contract release either the Contractor or the Surety; and notice of such alterations or extensions of the Contract is hereby waived by the Surety. WITNESS our hands this day of , 2007. Contractor By Title By Title Surety Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 47 of 51 MPK 07 -02 FORM TO ACCOMPANY BOND FOR MATERIAL SUPPLIERS AND LABORERS STATE OF CALIFORNIA ) COUNTY OF ) SS. CITY OF ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said County and State, residing therein, duly commissioned and swom, personally appeared , Personally known to be (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument; and know to be the Of and subscribed to the within instrument as the of said and the said duly acknowledged to me that he /she subscribed the name of the same person whose name is 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. Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 48 of 51 MPK 07 -02 WORKER'S COMPENSATION INSURANCE CERTIFICATE Section 1860 and 1861 of the California Labor Code require every contractor to whom a public works contract is awarded to sign and file with the awarding body the following statement: Date: "I am aware of the Provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." By Title By Date: Title Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 49 of 51 MPK 07 -02 INSURANCE CERTIFICATE FOR GENERAL LIABILITY Use Standard Accord Form ( y 0 o 0 Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 50 of 51 MPK 07 -02 INSURANCE CERTIFICATE FOR AUTOMOBILE LIABILITY Use Standard Accord Form () 0 i' i o,- li Tierra Rejada Road and Second Street Pavement Rehabilitation Project Page 51 of 51