ITEM 4.8
CITY MANAGER' S REPORT
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO DIRT
DYNASTY, INC. FOR THE LATHROP ROAD AND
HARLAN ROAD INTERSECTION IMPROVEMENTS,
CAPITAL IMPROVEMENT PRO] ECT PS 21- 06 AND
APPROVE RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to Dirt Dynasty, Inc. for the Lathrop Road and Harlan
Road Intersection Improvements, Capital
Improvement Project ( CIP) PS 21- 06 and Approving
Related Budget Amendment
SUMMARY:
The Lathrop Road and Harlan Road Intersection Improvements, Capital Improvement Project ( CIP) PS 21- 06 ( Project) was created to improve the efficiency of vehicular movement and pedestrian safety at and approaching this intersection. The plans and specifications for the construction of the Project were advertised for formal bid on December 21, 2021 in accordance with California Public Contract Code ( PCC) and Lathrop Municipal Code ( LMC).
A total of two ( 2) bids were received and opened by City Clerk on January 25, 2022.
Based on review and evaluation of the bids, the lowest responsive and responsible bidder was determined to be Dirt Dynasty, Inc. ( Dirt Dynasty), with a bid of 807, 000.
Staff requests City Council award a construction contract to Dirt Dynasty for construction of the Project in the amount of $ 807, 000 plus a 15% construction contingency in the amount of $ 121, 050 for a total cost not to exceed $ 928, 050.
On December 14, 2020, the City Council approved the creation of the Project, which included budget funding from the General Fund Streets Reserves in the amount of 100, 000. Additional funding will be needed to cover the construction contract and contingency funding shortfall. Therefore, staff requests City Council approve a budget amendment transferring $ 730, 000 from the Traffic Mitigation Fund ( 2250) and 128, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310).
BACKGROUND:
The increase in vehicular and pedestrian traffic volumes through this intersection has effected the need for improvements to traffic flow and the expansion of pedestrian facilities.
CITY MANAGER' S REPORT PAGE 2
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR THE
LATHROP ROAD AND HARLAN ROAD INTERSECTION IMPROVEMENTS, CIP PS 21- 06 AND APPROVE RELATED BUDGET AMENDMENT
On December 14, 2020, City Council approved the creation of the Lathrop Road and Harlan Road Intersection Improvements CIP PS 21- 06 to provide needed improvements to the subject intersection and portions of the approaching road segments.
The Project will add one exclusive left turn lane to that existing from northbound Harlan Road onto Lathrop Road, and will extend the left turn lane from eastbound Lathrop Road onto Harlan Road by 90 feet. These improvements will increase the intersection' s traffic handling capacity.
The Project will also increase pedestrian safety by:
filling the sidewalk gap at the southeast corner of Lathrop Road / Old Harlan Road, from the west side of the Chevron driveway on Lathrop Road to 40 feet south of the south side of the Chevron driveway on Old Harlan Road filling the sidewalk gap on the south side of Lathrop Road from Old Harlan Road to the northbound Interstate 5 off ramp
providing a new crosswalk across Lathrop Road on the east side of its intersection with the northbound Interstate 5 ramps
The Project' s improvements to pedestrian facilities are important because many students walk to Lathrop High School along this segment of Lathrop Road. The Project will also complete the road surfacing, striping and marking improvements surrounding the Harlan Road / Old Harlan Road stop- controlled intersection, and those improvements will also extend south on Harlan Road from Lathrop Road to J Street.
The plans and specifications for the construction of this Project were completed by Public Works staff and advertised on for formal bid December 21, 2020, in accordance with CA PCC 20160 and LMC 2. 36. 060. A total of two ( 2) bids were received, both determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Table 1; Summar of Bid Results
Contractor Total Bid
Dirt D nast , Inc. 807, 000
Soracco, Inc. 867, 347
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Dirt Dynasty. Staff requests City Council adopt a resolution awarding a construction contract to Dirt Dynasty for the amount of $ 807, 000. Staff also requests City Council authorize a 15% construction contingency of $ 121, 050, and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 928, 050.
CITY MANAGER' S REPORT PAGE 3
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR THE
LATHROP ROAD AND HARLAN ROAD INTERSECTION IMPROVEMENTS, CIP PS 21- 06 AND APPROVE RELATED BUDGET AMENDMENT
REASON FOR RECOMMENDATION:
Many operative elements of this intersection require improvements to continue providing for the efficient movement of traffic. This project will provide numerous improvements to the efficiency and safety of vehicular and pedestrian movement at and approaching this intersection, which are necessary to accommodate the increasing traffic volumes.
FISCAL IMPACT:
The proposed construction contract with Dirt Dynasty is for $ 807, 000. A 15% construction contingency is requested in the amount of $ 121, 050 for a total cost not to exceed $ 928, 050.
Funding for this project was included in the FY 21/ 22 budget; however, sufficient funds were not allocated. Therefore, staff requests City Council approve a budget amendment transferring $ 730, 000 from the Traffic Mitigation Fund ( 2250) and 128, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Increase Transfer Out
2250- 9900- 990- 9010 730, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 21- 06 730, 000
Increase Appropriation
3310- 8000- 420- 1200 PS 21- 06 730, 000
Decrease Street Repair Reserves
1010- 251- 03- 00 128, 000
Increase Transfer Out
1010- 9900- 990- 9010 128, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 21- 06 128, 000
Increase Appropriation
3310- 8000- 420- 1200 PS 21- 06 128, 000
ATTACH M ENTS:
A. Resolution Awarding a Construction Contract to Dirt Dynasty, Inc. for the Lathrop Road and Harlan Road Intersection Improvements, Capital Improvement Project ( CIP) PS 21- 06 and Approving Related Budget Amendment
CITY MANAGER' S REPORT PAGE 4
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR THE
LATHROP ROAD AND HARLAN ROAD INTERSECTION IMPROVEMENTS, CIP PS 21- 06 AND APPROVE RELATED BUDGET AMENDMENT
B. Construction Contract with Dirt Dynasty, Inc. for the Lathrop Road and Harlan Road Intersection Improvements, CIP PS 21- 06
C. Project Location Map - Lathrop Road and Harlan Road Intersection Improvements CIP PS 21- 06
CITY MANAGER' S REPORT PAGE 5
FEBRUARY 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR THE
LATHROP ROAD AND HARLAN ROAD INTERSECTION IMPROVEMENTS, CIP PS 21- 06 AND APPROVE RELATED BUDGET AMENDMENT
APPROVALS:
2U
Ken Reed Date
Senior Construction Manager
2 i Z oZ 2
Michael King Date
Publi Works Director
o./ c/ v7
Cari Ja Date
Finance d\re tor
2 _ Z —Zp tz
Salvador Navarrete Date
City Attorney
z• • zZ
Step n J. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO DIRT DYNASTY, INC. FOR THE LATHROP
ROAD AND HARLAN ROAD INTERSECTION IMPROVEMENTS, CAPITAL IMPROVEMENT PRO7ECT ( CIP) PS 21- 06 AND APPROVING RELATED BUDGET
AMENDMENT
WHEREAS, the Lathrop Road and Harlan Road Intersection Improvements, Capital Improvement Project ( CIP) PS 21- 06 ( Project) was created to increase traffic movement efficiency, add a pedestrian crossing facility and fill in sidewalk gaps near this intersection; and
WHEREAS, the plans and specifications for this project were developed by Public Works staff and advertised for formal bid on December 21, 2021 in accordance with Public Contract Code Section 20160, and with Lathrop Municipal Code ( LMC) Chapter 3. 30. 060; and
WHEREAS, a total of two ( 2) bids were received and opened by City Clerk on anuary 25, 2022; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Dirt Dynasty, Inc. ( Dirt Dynasty) with a bid of $ 807, 000; and
WHEREAS, staff requests the City Council award a construction contract to Dirt Dynasty in the amount of $ 807, 000; and
WHEREAS, staff also requests Council authorize a 15% construction contingency in the amount of $ 121, 050 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 928, 050; and
WHEREAS, sufficient funds were not allocated in the adopted FY 21/ 22 Budget; therefore, staff requests City Council approve a budget amendment transferring $ 730, 000 from the Traffic Mitigation Fund ( 2250) and $ 128, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Increase Transfer Out
2250- 9900- 990- 9010 730, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 21- 06 730, 000
Increase Appropriation
3310- 8000- 420- 1200 PS 21- 06 730, 000
Decrease Street Repair Reserves
1010- 251- 03- 00 128, 000
Increase Transfer Out
1010- 9900- 990- 9010 128, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 21- 06 128, 000
Increase Appropriation
3310- 8000- 420- 1200 PS 21- 06 128, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to Dirt Dynasty, Inc. for the Lathrop Road and Harlan Road Intersection Improvements CIP PS 21- 06 for a cost of 807, 000; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency in the amount of $ 121, 050 for a total cost not to exceed $ 928, 050 for the construction and authorizes staff to spend up to this amount as necessary to accomplish the goals of the project; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 730, 000 from the Traffic Mitigation Fund ( 2250) and $ 128, 000 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed above.
The foregoing resolution was passed and adopted this 14t'' day of February 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney SECTION 00500 ATTACHMENT B
LATHROP RD AND HARLAN RD INTERSECTION IMPROVEMENTS CONTRACT CIP PS 21- 06
CONSTRUCTION CONTRACT
This Contract, dated February 14, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Dirt Dynasty, Inc.
Contractor), whose Taxpayer ldentification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Sco e of Project and Work. Construction Documents for the, CIP PS 21- 06, Lathrop Road and Harlan Road Intersection Improvements ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including but not limited to traffic signal timing modifications, installation of a Pedestrian Push Button assembly and traffic sensing camera systems, construction of ADA pedestrian ramps, demolition and construction of raised traffic median and HMA paving, application of Asphalt Rubber Aggregate Membrane and Microsurfacing, and removal and installation of signage, striping, and markings and markers.
The work shall be completed within 60 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Bid Total: $ 807, 000 ( Ei ht Hundred Seven Thousand Dollars)
3. Construction Documents. This Contract shall include the Construction Documents, which are hereby incorporated by reference ( i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Dirt Dynasty, Inc. on January 25, 2022.
00500- 1
SECTION 00500
LATHROP RD AND HARLAN RD INTERSECTION IMPROVEMENTS CONTRACT CIP PS 21- 06
For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
00500- 2
SECTION 00500
LATHROP RD AND HARLAN RD INTERSECTION IMPROVEMENTS CONTRACT CIP PS 21- 06
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on- going obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of 00500- 3
SECTION 00500
LATHROP RD AND HARLAN RD INTERSECTION IMPROVEMENTS CONTRACT CIP PS 21- 06
proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to substitute the non-DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ or Labor Code Section 1771. 1( d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or( ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CTTY: ( i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
00500- 4
SECTION 00500
LATHROP RD AND HARLAN RD INTERSECTION IMPROVEMENTS CONTRACT CIP PS 21- 06
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CTTY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumeraCed in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CTTY of the location of the records enumerated under subdivision ( a), including the street address, ciry, and county, and shall, within (5) working days, provide a notice of a change of location and address. fl In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a
penalty of One- Hundred Dollars($ 100. 00)
to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
00500- 5
SECTION 00500
LATHROP RD AND HARLAN RD INTERSECTION IMPROVEMENTS CONTRACT CIP PS 21- 06
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 00500- 6
SECTION 00500
LATHROP RD AND HARLAN RD INTERSECTION IMPROVEMENTS CONTRACT CIP PS 21- 06
10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assin
ment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractar. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by CitX. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), ( 2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
00500- 7
SECTION 00500
LATHROP RD AND HARLAN RD INTERSECTION IMPROVEMENTS CONTRACT CIP PS 21- 06
To City: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE:( 209) 941- 7430
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor: Dirt Dynasty, Inc.
Mailing Address: P.O. Box 67, Farmington, CA 95230
Phone: 209) 623- 1141
Email: rcollins@dirtdynasty. com
ATTN: Ryan Collins
Miscellaneous
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
00500- 8
SECTION 00500
LATHROP RD AND HARLAN RD INTERSECTION IMPROVEMENTS CONTRACT CIP PS 21- 06
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
00500- 9
SECTION 00500
LATHROP RD AND HARLAN RD INTERSECTION IMPROVEMENTS CONTRACT CIP PS 21- 06
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC 1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT ( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
00500- 10
SECTION 00500
LATHROP RD AND HARLAN RD INTERSECTION IMPROVEMENTS CONTRACT CIP PS 21- 06
EXHIBITS:
EXHIBIT A: Contractor' s Submitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
00500- 11
SECTION 00500
LATHROP RD AND HARLAN RD INTERSECTION IMPROVEMENTS CONTRACT CIP PS 21- 06
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Director of Public Works
APPROVED:
By:
Stephen J. Salvatore, City Manager
00500- 12
EXHIBIT A
sECT o t oo oa
L,ATHitOP I2D ANA HARLAN RD iNTERSECTION I1 IPROVEIIEN"I'S BTD AR!? POSAL FOR175 CIP PS 21-06
I ID PRC} PQSAL ORMS
c°,,
r
Cl: City of Lathrop
39Q Tawne Cen#re I rive
Lathrop, CA 95330
ATTENTIQN: City Clerk
FQR: LATHRflP RD AND HARLAN RI} INTERSECTION
iMPRUVEMENT5, CIP PS 2I- 06
THE UNDE[ tSIGNED, AS BIDDER, - IEREBY AGREES AND D CLARES TI- AT:
LEGAL COMPLIANCE
The aniy persons ar parties interested in this Bid as Prin ipals are those named herein; thaf tltis Bid is made ti ithout collusion ith any other p rson, firrn, parmership, corporatit n, or assoeiation; that he has carefully examined the location ofthe proposed wark and the Canstructian Docuznents; and he pro{ oses and agrees that ifthis Bid is accepted he will cantract witlt the City of Lathrop, in the form c fthe Contract as set forth in the Cc nstruction Documents for said project, ta pravide all the necessary labor, services, materials, and equipment, and tc da all the tivork ar d furnis} all the materiats; and that he tivill accept in f'uil payment iheref re the price as proposed in the follo ti ing Bid Schedule.
SCNEDULE C1' PRICES
A11 applicable permit fees, licensing costs, sales taxes, State, andior Federal, and any ather taxes, patent rights, or royalties are included in the prices quotec in the Bid. Al! blank spaces must be ftlled in.
BASIS OF AWARD
1'he basis for award of the contract vill be the total price of the base bid. The City of Lathrop reserves the ri ht to award the work contem lated by only the Base Bid or nane of the work. ao o-
SECTidN Ud3U{)
LATHRQP RD AND Iif RLAN RD INTERSECTt( 7iV Ih7P32pVE111 TS BID FRdP05AL FOR: 95 CiP PS 2l-0b
GATI3ROP RU AND HARLAN RD INTEI2SECTI N IMPlt4' EMENTS, CIP PS 21- 46
BID SCHEDULE
D
DESCRIPTIC3N
UN[ T EXTF. NU D
ITEhi
UA:' TITY UNITS
p TCE TQTAL
1 Mobilizatian/ Bonds 1 Insurancc i L5 l2$, 726,Gb / 28, 72G. 0'0 2 Tra c Control 1 LS l,2Q' Q, 00 / 2d 4GR0, 0(
3 Er4sion and Scdiment C:ontrol Plan
LS
ES P} UQD • a0 I, OOO. Oa
4 Remove Existin HMA 6, 3Q0 SF Q.. 50 r y5D•m
5 Remc vc Existing Landscapc 1, 600 SF 0 6 pjJ,
G ftcmovc Raiscci Mcdian i, 800 S1 3.5D cl v(
Traffic Si; na1 Mociifications and
7 Im rc vcm nts @ Lathrop Rd f 1 LS '., p , g G., p0
Narlan Rd.
Traffic Si nai iblociifications and
8 Improvcments c{,t7 Laihro Rci. l N$ 1 LS 3, / 0' j.UO ( o l`/ OU I- 5 Rarn s
9 Construct PCC Rctai il3g t' all t t( 1 30. 00 3D}. OD Construct PCC Curb Ramps w1
0 Trunc ted Dornes
EA 3 5,U00 A? 1 D 000 0'D
Construct PCC Curb/ Guttcr- Typc
11 0.00 F, Cit Standard Detail R- 11
ld L' lD• CJO i
l2 Construct PCC S dewalk 2, 000 SF b0 2(p 00U• 04
Construct 1' CC Drivc« ay a 44' 13
idc
1 E'` l I,GDlJ. 00 I,000• Od
i
Construct PCC Median Curb—
560 LF
T c B, Cit Standarci Dctail R- 11 70• 00 3`1i Z U Od
15 Construct Stamped PCC Median 1, 65 5 20, j0 2q 3Q0(, b 16 ' Rclocat. Siorm Drain [ niet 1 LS Qd 7,540 00
7 Truncaicd I7omc Mats
Drivewa s 7vU• QO 2.,I d0• dQ
1 S Place Ncw NM A at 7" Dc ih 3, 452 SF 1, D 39','$ G1C t9 Place Microsurf acing 20f;, 004 SF Q, 2' g , 2} A Od 7 Piace A1 AM Road Stu face
Treatment
1f 6,404 S} 7
T( g`.00}
Thcrmaplastic Scripin- Caltrans
Std, Pln, A20, Dctail 9
1, 825 LI j 1,. d
Thc: rmoplast c Stripin;- Caltrans
7 C. d 330 2_
Std. Pli1. A20, Dctail 22
2{ 3 1. F
03 QQ- 2
SECTION 003U0
LA'i'HROi' ttD Ahb IiARLAN RIl ihTERSECTTON 11 1PROVF 1tENTS ID PROPOSAL` C} R11S C1P PS? 1-06
23 Thcrmoplastic Striping- Caitrans
gQ L,
Std. Pln. A20, Detail 25 d U 1 26. DD
Thermop[ astic Striping- Caltrans 2
Std. Pln. A20, Dctail 29
660 LF 2,50 0.3• d
Thermoplastic 5tripin- Caltrans
25 Std. Pln. A20, Detai132
3, 310 LF Z• 54 i 275,00
Thermoplastic Striping- Caftrans z&
Std. Pln. A20, Dctai137B
z7 3 p 051.d0
27 ThcrmoplasEic Striping- Caltrans
740 LF 3 j} c(.
Std. Pln. A20, Detaii 38 Dd
Thcrmoplastic Stripinb- Caltrans 8
Std. Pln. A20, Detai139
3, 8 l • D 3,igb 0
Thermo lastic Stri in*- Caltrans
Std. PInPA20, Detail 40
104 LF Q( J D0. j1d
Thcrmoplastic Striping• 12" Whitc 30
Linc
1, 080 LF S+D Z,'7 00. 00
Thcrmoplastic Striping- 6" Ycllow
y„O 3
Line Hatchin=
3 F
f sd
Thermoplastic Markin,- Type I
32 Arrow( 18') EA j', 0Q 7.S Od
33 Thermoplastic Marking- Type 1
1 EA Arrow( 24') D b0 7p, pp
Thermoplastic Marking- T}+pc 11 34
Arrow
1 EA Z$'. Q 0 25 OQ
3$
Thermoplastic Marf: ing- Ty c N
1 g EA
ow 5. o0 2, s'. o0
Thermaplaskic Markin- Typc VI
36 Arrow EA 25. Od 375, O
37 Thcrmoplastic Marking- SIKE
LANE lus Arrow
S A
0 5• 4 325 Q(}
38 Thcrmoplastic Marking- Tyr vri
EA A ow go. oo 3zo. oa
39 Signa c as Shown on P1ans I LS 00. d0 . 5,.5G L
40 stall Caltrans Typc I Pcdcstrian
Bnrricadc, RSP ES- 7 a 6' Width
i LS i• ,/. SLY• Ol.
4 Rcpair Landscapc and Irrigation
S stem( 2locations}
LS 9',.. d11 ` j'j' ' Q4• Od
42 Relocate Existing Signs Per Pl ns 6 EA 2rQ, l,,rOQ, Qd 4 Rcmovc Existing Thcrmoplastic
Markin s and Stri in
i LS I2r OOp. 00 /, 2 D0• G
Relocate Fire Hydrant and 2 Watcr
Metcrs
1 LS iS^G`1• GYJ ID" OiD. 0t7
TtJTAL BA5E BID: j`j', Q(}, j[
TOTAL BASE BID IN W(?RDS; il. Jjrp, '/( g y) ji ytr, y rr 003Q0- 3
SECTIQN 40304
LATHROP RD ANn HARt. AN ItD INTF,RSECTiON ii 1PROVE1t1ENT5 BID PROPOSAi. FOiti 45 CIP PS? 1-0b
INFflRMATI N REQUIRED OF BIDDER
The Bidder { Contractor} shall furnish the fallowing intormation. This information i considered essential in enabiing the Praject Manager to determine ifthe Biclder rs experienced in similar types of work and if the Bid is based an a careful stuciy of inethads ap( icable ta the Wark and full realizataon c f il e various factors which may affect the pro; ress of the ork. Failure to comt ly with_this requirement may rencier the Bid non- resnonsive and ma,.y cause its rejection Adti iional sheets shall be ttached as required.
BIDDER' S INFt RMATION
1) Bidder' s name and aticiress:
Dirt Dynasty, Inc.
P, O. Box 67, Farmingtvn, CA 95230
2) Bidder' s telephone number: t209) 623- 1141
3) Bidder' s faac number: 249} 623- 1 42
4) Bidder' s Contractor' s License { Class): A
License No,: 1009473
Expires: 1213112023
Person ho inspected site of' proposed wc rk fr r Contractor' s firnl:
Name: 7
Date of Ins ection; r G)
S) List 3 prc jects of a nature similar to this project; Project Contract Name, Address and
Price Tele hone Numb r of Oltrner
n. ,,. w- e. i/'7
C' j ' u' s '," g` 7 ! S"5
r' er
ff y 2""m r, m 1 37 a 1.' ./ 4', Z J? l
8 Z5 5 I
c,- r - 73
p430013
SECTION 003110
LATHROP Ftb AiVb HARLAN RD{ NTERSECTiON iMPROV: A1E iTS BtD Pf20POSAL FORMS C[ P PS 21- 46
LIST QF SUBCC NTRACTORS:
The Bidder sl ali Iist beiow the name and business address ofeaeh subcontracior whc wili perfonn work under this Bic3 in excess af one- half of one percent of ihe Contractar' s Total Bid Price, and shall also Iist the portion of the ti OI K which vill be done by such subcontrac#or, in accordance witIi Sectian 4107 of tl e Public Contract Code. Atter tt e opening of bids, no cl anges or substitutions will be allotived except as athen vise rovided by 1aw. The lisEing of more than one subcantractar for each itern ofwork to be performed vith the words " and/or" will not be pennitted.
Fai[ ure to cQmply with this requirement may render t}ie Bid nan- responsive and may cause its rejection. Shouid the Contractor provide a bic that does no[ require a subcontraetor, the Contractor shall note that ar ihis page by ritin; " Not Applicable" in the list belaw.
Subcantr ctor
License Pcrcent of
Wark to be Performed Number Total Contract Subcontractor/ Address/ Phonc
1. A ZAM and q 37 2 28'' d rn¢ s v f
i n 269 22-
2. 7' o 5 v '
1 v t7
I lr.
o
4. 5.
6. Nate: Attach additional shecEs ifrequirecl.
c o ao- s
SECTION UO3Q0
LATHROP RD AND HARLAN RD INTERSFCTION IMPROVEl1SEN' I' S 8iD PROPOSAL 60RMS C1P PS 2i-0fi
ADDEI IDA
Bidder ertities he re iewed ARC S#oc3cton' s Plan VVell for addenda vithin 48 hot rs of bid o re i g and acknowled es receipt of tl e foilawing addendum( addet da):
i
RespecEfully submitted,
0' i/ 25i2022 Dirt Dynasty, Inc.
Dated Legal Name of Firm
Signature o uth rized epresentative
Sammy Cox, Vice President
Seai)
tf Bidder is a corporatian, show State in wl} ich incarporated.) t•.... rd,n a o.
The fuI] names and post oftice addresses afall persons and parties interested icl the foregoing Bid as principals are as follows:
NOTICE}: Give first and last nan es in full; in case of corporation, give names of President, Secretary, Tre surer, and Manager, and in case of partnerships anr joint ventures, give names and Post ( 7ffice addresses of all the individual members.
Jason Alurcon, President- Valley Springs, CA
Sammy Cox, Vice President- Linden, CA
Steve McPeak, Secretary/ Teasurer, Ripon, CA
d030- f
il
City of
Pubtic Works Department 390 Towne Centre Dr.— Lathrop, CA 95330 Phone( 209) 941- 7430— fax( 2U9) 941- 7449
wv; w.ci, '• ca. u
ADDENDUM NO. 1— January 12, 2022
Lathrop Road/ Harlan Road Intersection Improvements
CIP PS 21- 06
This addcndum amends the Contract Drawings and Specifications for this project as follows:
l. Due to conditions created by Covid- 19, a second non- mandatory Pre- Bid Meeting wi( I be held on Tuesday Jaauary 18, 2022,
2. Delete EXPERIENCE OF BIDDERS, page 5 in Section 100 Instructions to Bidders of the Contract Specifications.
3. See Attachment " A", Retarnrng Wall Detaits for additionai information on dowels and construction ofthe retaining wa1I.
4. Install aircraft grade aluminum extrusians far skateboard preventian along the tap of the retaining wall @ 18in from beginning/ending and Sft spacing.
5. 4n Sheet 3 ofthe Improvement P1ans, revise Retaining Wa11 detail to show the following:
1,- g;-
tTy'r'.J—` 4 —«{ 7`"
r<t 4 SPACED 24"
r
T -
fV
J
I ' x`
a 2. r 3s n'' ---- i
2" C: Ctd I l Ti' tiE ,,' I
6. On Sheet 4 of the improvement A1ans, revise thc calt out to say:" Slttrry and slriping within the boundaries to 6e done by CFT NY Developmerrts, LLC. Contractor o caordinate time schedules."
PS 2I- 06- Addendum No. 1
When subin.itting the bid for the project, the Contractor mUsk acknowledge receipt of the addendum.
Recommended by: i2,- Z?., Z
Ken Reed Date
5enior Conswetion Manager
Approved by:
G '
1 - 1 Z- Zo2Z
Michael King Date
Public Works Director
4 CO Y
s cTic fo: oa
L:1TIfROP RD AttiD HARLA' t I3b INTERSFCTIOti 1,> iPR4t' EhtF; N' i' S CIP PS 21- 4b BID PROPpSAL F'OILi4tS
BIDDER' S BOND
KNO«' ALL MEN BY THESE PRESEI TTS:
TH,AT VVE dIRT DYIUASTY, lNC.
as PRINCtPAL, iit] d = E ASUALTY INSURANCE COMPANY
asf' ERCCNT ( SURETY 10%) are l eld; and finnly bond unto the City of Lathr p in the. penal sum of TEN p THE T TA. AMQUiVT OF THE $ IU f tl e Princi al aboti e namc: cl, subsnitted by tE1 Princi al to the City of Lathrop f r the work describ. d below, for the payment t fwhiel s m in 1av fu1 moncy of tlie L7nited St tes, rell anci tnily to be made to the City o#' Lathra to which the hid was s ibmitted, « e bind aursel res, Qun c irs, exccutors, ad r inislrators and successors, jaintiy and se erally, rmly by t ose presents. Cn no case shak! the ltabiliky of tlzc suret} liereunder exceed the su t of " TE'' NT{ 10°l0) 4 A', OtlIVT B#D•• TNE O1tiDTTTON{ JF THiS OB, IGATI JN IS SUCH,
TNA' I', WHER S, the rincipa hr s s ibmiued li e above mer7tianed bid to the City of Lathrop £or certain construciian spccifically dcscriUc i as folinufs, For wE ich bids arc tQ he apcncd at thc City Hall, 390 Townc C ntre Drivc, Lathrap, CA: I.athrop RcE, and Hartan Rd. lnters ction Im roveme nts, CIP PS 2a- t16.
i' Oi, THERE' C} RE, iC thc F' ri 3; ipa1 is a vardcc thc contract and { ithin thc timc and n anncr rcquired undcr thc s ccific tions, aftcr thc prescribcd forn s arc resenked to hirn for signaturc cnters intt a vrittcn co traci in tl c prescrihcd form, IC! 3LL'OiC S lCC i'lC l I] C bt{, and lcs t vo bonds with tlic City, one to uarantee faith u) perfU- rnaa ce, and the ot}zer t guarantee pa} rnent far labor and materials as r qnired y
iaw, then tE is obligatian sha) 1 he nutl and void, otherwis, it s11a11 be and remain in full force.
IN VITNESS VHEREOF, we have hereunta set our han fs and seals an this 18" ot . ianuary day 7D22.
THE C} HI{ CA$ UALTY tNSURANCE
n t r ov v ry N Seal) co t At Y
Seal)
Seal} Seai) Samrny o c, ee R sidQt" Karen Arn n Attnmey in• Fact Addre s: a o e x s7 Address: t4oi sn Av _ eoo .,._
Farming, an, A 9523U
Seattie, WA 9615+t
NC?TE: Signatures nf' those exccutin for the surety rnt st be properiy acknotivledged. 0430t3- 7
ACKNt3WLEDGMENT
A notary public or other officer completing this
certificate verifes onfy the ide tity of the individual wt o signed the d cumeni ta which this certificate is
attacitsd, and nat the truthfufnessz accuracy, ar
validii of that document.
State of Cali#omia
GQUtlty Of San Jaaquin
CZtl Jenusry 18, 2022 befar me, Jennii r loo r Notary Publ c insert name and title oF the o cer)
p rsanslly sppeared K ren Amin
who proved to me on the basis of satisfactory evidertce to be the person(} whose name{! c} isJ x subscribed to ihe within instrument and cknawledged to me thaf if/ shell tyt executed the same in Ffi lherJt i authorized capac ky( X 1j, and# hat by tt erl4tt tt signature{} n tt e Instrument t e person{}, or ihs entity upan behalf af which tt e person ij actsd, execulEd the instrument. f certify under P NA TY C} F PERJURY under the laws ot the 8#ate Qf Califomia th i the faregoi g paragraph is true and correct, c. c5.5... a..__
WITNESS my hand and offic al seal, JEi NiF LOPEi
ar. , Y.'' i,' COMAt # 34 049 -'
NOTA,qY Fif81tC- CALIFDHN A N SAN JOAQU3! f COU} fl'Y
Fa' H
Signature cnram, r via, AN 7 ZA25
d8eal)
This Pawer af Aticmey Ilmits t}ce act ot those namcd herefn, and they have no authority to t bind te Campany except in thc manner arxf to the eztent herein stattd.
Lxber.-y Liherty h utual Insurance Company
M. C c i, The C1hiti Casuslty InSurance Cornpany ce; rcate rlo: ats sa7- se tao 5URE7Y estAmerican Insurance Company
PtJW R QF ATT{ RN Y
KfidOWN/ 11, 1. PERSONS BY? HESfi PRE& ENfiS: Thai 7he Ohro Cawal.y Ensurance Comp ny is a corparau r; du y orgar,ized under the laws n! ths 5 ate af New Ha psh re. that Liberiy hfu<' at lns+,ranca CcrnpanY is a carporatia, duly or anized urtC^ r t}rc+awa ct he Stete of bie sa wei'a, and 4Ycst American lasurance Campany is a corporaliDn do y Org nized urs! er ihe iaws pi th S ale ellndia 3( here; n co Iectivety cal3ed Ehe' Companies'}, p,trsuant lo and tr7 aui} crity herein sst tort, qoes herehy nemc. conSti! ula and appoir, Danicl 4t Conrts!! v. Kumn Amin, Icnni( cr l.ca r. l) a irJ Sciusn a!I of L'sa r
ly Qf I. c i sta! e at CA eaCh ir;^r uaily ii t ere b more thara ane am si,; t uue and Iav+1u! aperr yihfact to ma te. exccute, seaf acknowtedge ard d? livcr, for and on t's behaK as sursty an as its 2 t ar,d t'eed, any and afi underlaki; gs bords, recognizances and alher surety obliyatons, in pur5ua ce 4` persors. these preser,ts 2nd sh I ir as oinding upan Ne Campanle3 as i! ttey ha e Deen d+sly signetl bp U e presi ent ar,d atiested by the secre ar af the Companies in th: r mm A+roper IN WfTNESB WHEF1E4f, this Pm, 4er c( Atiome has been subscr; bed by an au:riorued offi r oe affi! at Uae Compan•. es and the corporaie seals ot the Comparies have been atixed r @t2+ etaU' t_t 8ilti d8yot t iovc5aitftr 2t?16 . lit+r blu, uel l; surance Compar, y
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a Th s' cwer c! A#i--ney; s made a d e e, uted pursuart lo and ty authcrity o' tha toilrnv nr By iaw and Authoriza6ans cf Tt, e O io Casuai;}( nsurance Campar+y, tr.rty Mut ai' c
C 1n urance CamPanY and West Arn ican In ra C mp ry wh3ctr resolu6tms are naw; nlu l forte and eNee tt readir, as to lo+ s ai Ai2TiCLE iY DFFICEFiS: SettiC,n 12. Po'rr r o( At,omey.
Any afficer w olher offi al ot i a Cor cration a k c ized f r tnat pi: cpQsc in vmtir 6y tha Chairman er the i resident, and sut ed ta su s' milati n as the Chairman o; n the. s U
Pras=der f may prseytibe, shaU appo; n! auch? tameys in! acL as may t e recessary to act in behalt oi ihe Corpar! on to make, erscute, seai, arknawle ge and dslrver s sureiy > cr
on iu c
any ard aEi ndert k'sn s, bon+ s, recc, niaaxes and atter surety abl. gaGans. 5 th attam4ys- ir-fact, subjacl to the fimita ons se[ f4rth in the;r r speclive pflwer a( attor aey. sha!! Z`
ha, e fi 14 pov er t F d the Cnrparatio! by t e r si na sre ard eze 5can o! eny suth nstrurnents ered to attach thereta t e 5ea3 ai the CarporaUon Y,? sen sa executetl. 5ich'" w c i
ins7uments shall be as bin€fin as ii signed 6y q e PresidE+ t cnd att sted te by tte Seae; ary A^,Y wer or a; ttwrfty granted to any representat; ve ar a', tsey- prer5lms ot this artiUe may be revcketl a; er, rr fa under the m y
m bq ine$ oar+,the Ghzirxran, trs3 Presi enl or try: bn ofiicer a oqcers grant such pox er or au nty a ARTICI. E% 1! i- Exacution o( Co iructs; Sad';rn 5. Surety or,ds ar d UnderCakings a My offcer ef ihe Conpany au' txsrized tor ihat purposa in wn;ing by tha ct; airman or tha pres:dent, and euGjccl ta such I mitatrona as t c clya, rr,san pr tesi ent ma shal! a pcin': St Ch e iom ys- i; rfact, 2S may Dfl r.erxssary t aG i s 6cha!! ot thc Ccrnpany to make, executa, seal, acknrnNedge and da;iver as surety ny nd ail undeRaWngS, w
t nds, racayr,iz ces asad ott r
surely ob' t za ss. Sucfl
xneys, nda t subjetS to the iimitations set Ior' r,theEr respecdive po+he2rs pt at,amey; shall have t+,aii ppwer to bind ths Compaa y by thei signat re antl exen; tiar, pt ny suCt insGvment5 ntl tn etiach lhere a the seal et the C mpany When so exec, ted such instrumenls sha l be as b;r fing as i! s gr,ed by t e presideni and aY s; ed by; he se;, rs} r, GertiNcate lact as of Designallon- Tha Presadanl af 1he Conpany, actir, Pu! suant: o t e Hyla+ s o( the Comgary. 3uEtrotizes David M. Casey, Assistant 5enetary to appa,ht su: h anomeys- n- may Ge ne ssary t, act ra OehG4f o U e Comya y to malse, exe(. obii aGons scal, ackna, eGge and deliver as styrely any and a?J undertahings, bonds, recognizances and olher surety Authorixatlon-- 6y nanlmous cansent ot e Corr any' s 8oar of Dir cler3: c e Compar,y mnscnts th t ia: simfie a meci; anica' y re radoced s;gnature ot any assistant secrelery ot f e Compa y, ntrer ver a{ searng upc n a ccri;fitd c py of any poaver ot attnmey issued by th CamF ny in can;, ectim with surery banGs, sha! I be va; d and birdir.g upan Se Company» Ih U; s ms Corc and efiect es thtwgh manua Iy a xed. hereb fteref
certi Ca. y1eu t t liyn, he aig: t e nal Gnder pe; gneC, Assistant SeCretary, The Ohio CasualC,r 3r,suranee Canpany, Liber,y Autual 1 sur2nce Company, and U'des! American ins! r nce Comparry do h85 fit3i( 7CC( 1 tCY4k. oi attaney i wt; ici; ae foregning is a fu'.i, L: and cared capy af t P w r c` At!omey exeated by sa; d Compar.ies, is in fu face ard eNect antl IN TE8i1 iflNY WiiEffE4r". I ha+ her t, na set my hand and a ixed tf, a seafs ot saEd Cor. ar,<<es ihis 1 gth day af January , 2022 .
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CALIFORNIA ALL- PURPOSE ACKRIOWLEDGMENT
Civil Code 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document ta which this tertificate is attached, and not the truthfulness, accuracy, o validity of that document.
State of California
County of San Jaaauin
On lanuary 2, 2022 befa e me, An ela R. Hawkins, Notary Public personally appeared Sammv Cox who proved to me on the basis of satisfattory evidence to be the persan( s) whase name( s} is/ are subscribed to the within instrument and acknowledged to me that he/ sheJthey executed ihe same in his/ her/ their authorized capacity{ies), and that by his/ herJtheir signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PEIVAL7Y OF PERlURY under the laws of the State of California that the faregoing paragraph is true and cor ect.
WITNESS my hand and official seal.
ANGElA R. HAWKIN$
P aGuy PuDllc- talifornla
Calarrras County
Cnmmission p 2242453 '
1 Y artrm. fxpltes May 13, 1022
t: I
i
ignature af Notary Public
Seall
SECTION 00340
LATFiitOP RD AiVb HAT2LAti RD IN'1' ER:i CTION tMF'Rt3VENiE iTS BID PROPOSAI, FORMS CIP PS 21- 06
NONCOLLUSION AFFIDAVIT
STATE QF at Urv1 i a.-
ss.
CQUNTY OF Sa-Yl O, t tYl
r m r,v ( , X , being first duly sworn, deposes and says that he or she is tt, ( Y', 4 Y1# of ` j, i- [`{ the parry making the ore oing bid that the bid is not made in the i terest of, ar on be alf of, any unciisclosed person, partnership, campany, assaciation, organization, or corporation; that the bicl is genuine and nat coilusive or sham; that the bidder has nnt directly or indirectly induced or solicitec any athcr bidder to ut in a f'alse or sham bid, and has not directly or indirectly collucied, canspired, connived, or agreed witl any bidder or anyone else to put in a sham bid, or that anyone shall refi ain fi-om bidding; that the biddcr has not in any manner, directly or inclirectly, sought by agree nentt comtt unication, ar conference with anyone to fix Ehe bid price ofthe bidder or any other bidder, or af that of any other bidder, or ta secure ar y advantage against the public bocly a varding the cantract of anyarie interested in the propflsed contract; th t al1 siatements cantained in the bid are true; and, further, ihat the bicid r i as not, directly or indirectly, submitted his or her bid priee ar any breakdown thereof, or the contents thereof, or divulgec3 information or data re[ aiive tlYeretc, or paid, and wili not pay, any fee t any corporation, partnersl ip, campany assaciated, organization, bid depository, or ta any member ar a ent thereof ko effectuate a coll zsive or sl am bid.
Signature o . Pr ident, Secretary,
Manager, Project Manager or Representative
Sa. 1 nY CCX, V ce, t re5 ei1f
The County of
State of
Subscribed and sworn to ( or affi ci) before me
on this day ot' 20 , by
praved to ,
c. Q.-, , t,9 i
me on the basis satisfactor} evidenc. e to be tlae
person{ sj v appeared befare me.
Signature
t 03 QO- 8
CALIFORNIA JURAT WlTH AFFIANT STATEMENT
GOVERNMENT CODE§ 8202
A notary public or other officer completi g this certificate verifie5 only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Joaauin
Substribed and sworn to( or affirmed) before me, on this 20th day of January . 20 22 , by ij 5ammv Cox
Name( s) of Signer( s}
proved to me on the basis of satisfactary evidence to be the persfln( s) who appeared before me. wc u.+ wK r+s
Natary p.{ a f{ ornia
Calnveras County
Cammfsslori q 2I42453 '
r My Comm. Explres May 13. 2012
Signature of Notary Public Seal)
SECTIflN U030D
THROP RI) ANI) HARLAN iiD INTER5EC' 1" 10 1 liiPi20VEAtENTS ID PROPO5AL FORi iS CIP PS 21- OS
PUBLIG CC/ NTRACT CQDE SECTIClN It1162 QUESTIt3Nt TAIRE In accordance vith Public C ntract Code Section I0162, the Bidder shalt complete, under penalty of perjury, the following questionnaire:
Has tl e Bidder, any ofticer of the Bidder, or any ernployee of the $ idder, who has a praprietary interest in the Bidder, ever been disqualified, removed, or othcrwise preventec from biclding on, or completing a f deral, state, or local govemanent pcoject because of a violation of law or a safeiy regulaiion? Ye Na Y
If the answer is ycs, explain tl e circumstances in the fallowing space.
PUBLIC C4NTRACT SECTION 14232 STr TEM NT
In accordance t itl ' ublic Contract Code Section 10232, the Cantractor hereby states under penalty af perjury, that no more than ane nal unappealablc finding af conten t of cc urt by a federal court f as been issued against the Contractor rithin the irnrnediateiy receding n o year peric d because of the ContractQr' s ' ailure to comply u it} an ordcr afa federal court 4 hich arders the Contractar to camply ccritli an order of the National Labor Relations Baard.
NQT: The above Staternent and Questionnaire are part af the Praposal. Signing this proposal on the signature portion thereof shall also Qnstitute signature af this Statement anrl Questionnaire.
Bidders are cautianed th t rnaking a false certification may subject the certifier ta criminal prosecution.
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Fit'txt ID: 43376
Firm ID 33
DBA Name RT Y dAS` t INC
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6l16l2021 Warkers' Cornpensation Hislory- CSLB
Home Ontine Services Litense Detaii Workers' Compensation Histary QUVorkers' Compensation History
Contractor License# 1009473
Contractor Name DIRT DYNASTY INC
4 {) '::- .
N• fiy`' L.; l- ti E : y,
Insurance Company BENCHMARK INSl1RANCE COMPANY
Polity# CST5421583
Effective Date OS/ 10/ 202.
Expiration Date 05/ 10/ 2022
tnsurance Company BENCHMARK INSURANCE COMPANY
Policy# CST5019187
Effective Date 05J10/ 2020
Fatpiration Date 05/ 10/ 2021
Insurance Company EVEREST PREMIER lNSURANCE COMPANY
Policy# 7600020435191
Effective Date OS/ 10/ 2014
Expiration Date OS/ 10/ 2020
Insurance Campany STATE COMPENSATION INSURANCE FUND
Polity# 9210223
Effective Date OS/ 10/ 2017
Expiration Date 05j10/ 2019
Insurance Company EXEMPT
Policy#
Effective Date 11/ 03/ 20i5
Expiratian Date
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Enter yc ur TIN s`n She appmpri Ee box. T' e T1N prov detf must match 1he name given on irts 1 aa avoid Socd 9 aacurity number backup withhold"rng. For inci#vidua{ s, ihis is gensraity your socia' s$ cursty nurn er{ aSN}.} kasveue*, or a resident a1 n, sole p; 5pri$ tor, r t3r disregarciect enEity, see iha; nstructioRs for Parf C. Iater. or oih r e titles, il is your e rtpiayer iclentitic lk n number( E6t). it you d n t have a num r. see ff, tc y t a T1N, { aEs€.
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l. Tng ns mber sSaown o ii is farrrs is my ccsrr ct taxpayer ipentltacaSion nurr aer( cst I am w. ting for a number to be issued! a sne), and
2.! am no2 sut ec! ta backup wiihhaBding b cause:( a}! asn exempt fram backup w>h3rolding, trr{ b) I hav not baen nQ#ifiad ay th insetn i Revenue Service(! R5) thai i am su, ect in backup w itl h lding as a resul? a8 a tai3tue to r rt a41 Interest sa° clividan is, or ci the 1# 5 h s nca ied me! ha# I am rs k>tty r sub] t tU baCkUp vlthltcaklin; a" d
3.! m ca U.S. citaen or atht r U, S. p$ rst n( ds#,ned below, nnd a. Ths FATGR code( s} e ry? e d on this form{ ii any} ndt tin d ra9 l arn exampt fr m FA7G reparting is cc rrtxct.
Gc# icatitsn InstruwUans. Yc u must c°oss o tt i; em 2 ab ve ti y u have been r o: il;eti by ttra l iS thai yau e cunently sub ct tca ba kup sr, thFoiding ts cause yt5u have fa;# d to r pori a ll ter st! sd dividersr s an ya; tr taz relurrs. rr rtsal es; t; r nsac#:ons, liem 2 does t ot a[?p!y For rnorfg sgff in{ yrass; pald, aCqUisit: Csn or st3alntia tment tli SeCut prc Per#Y. canca'slaisan c f det t. cont*ibu'^c} ns 4t 4n inv«° t3ual rai.ram nt atzan emen:( ERA} and gt nctrally. Paymants o1 ar ih ir,tsra t arict d vic9er cfs, you are not r uired t s= n i3r c rr' ti#icat; on. but you rr ust prcrv cim your Carrvct TtN. See tha ns#rucffons for Part 8, i; c t.
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Fu4ure cie xelopm@nfis. For ihs latest lnfarmatian abaut c{eveScapman? s r t ted to Ftrr Farm 1{ I99• B( siock or mutuni tund sa}cs and certn;n sathar n V1- 9 ancS Hs ins4ruciions. such as ieg statian ena isd trasns c- iion t y t,rc kors) s? r th y u pr pu d sh d. ga! o svxvw. irs. goulFomtkN J, otm 9- 8( proceec.'s frpm reai estal transac; iona}
a r 1f(71(.- j(( 7yl0PC} lr'2t1t Cc1PT 7Si7(, t l(! 2c1.7' 1y( 1fStFSr t' C tPuC7S G 10f1S} in 9ivid l or entlty( tarm LV- 9 raqu€, ar} whc is tequireci to f te an Fo rn tt} 9{ horn martga e ir targst}, tt39- E{ stud n! iaan; nt4rest}, ir icarrr; aii4n s t rr with ihe IR8 musi obYs; n yaur corrs t ta cpay r t tJ B- T{ luit can) identifics tl n rsurrsber( i lt wttfch may be yaur social security numt r nrm 7499-( catt ai ci debt) SS?a'?, Indi lciva! t pay r Pdeniif#catic n numt3er iTtN}, adoptk n t payer lden4i( ic tJor number{ i TIN}, or empltjye: identifiC ton number ' Fc rm 1G99- A{ cqJisition or abar,ttc r snant oi securacl P°' P Y? E9t}, to r port on en i;} orma# iqn rafum the amount peid ta you, or es4her ilse Form 4'V- 9 only ii; rou ara a ll.S, parscn( lrscfu ing rc s dant ar ount repclrtatale on sn intormation reium, arnpi s of lniorrn iion atictn'i, to pr vide your correct TiN. retums: rsciuda, ta t are nat limltad to. ihe tollo w
ing.
i if yzau do ncat r: um Fu,m; W- 9 to dhe rsquester with a TdN, S' csu mdght crm t QB9- 3NT[ inE st ea ecf or paid 6e sub,e:# to btarkup 3 rthhoJcting. Set3 Whmt is backu wi4hhQkiing laiffr.
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211C3f20? 1 Suppliet FroFtla
Printed on: 2/ 1012Q21 9:23;47 AM
To verify most cuRent cert'sftcation st tus go to: htips: Jlwwtiv. cafeprocure, ca.gov C ffice of Smal! Business & DVgE ervi es
Cerii#ication ID: 20 12601 Emali Addr$ss:
LegaE Business Name: t lurCort c}z dirtdyn styinc. com
Dit# DynasEy, inc. Business Web Paga:
Doing Baasiness As ( IE3Ay Name 1: Business Phane i umber:
2 9) 623- 1141
Dfling Suslness As { DBA} Nara e 2: Business ax Numt er:
zos sz- 2
Address; Business' Fypes:
P Box 67 Canstruction , Service
Farmington
CA 9 23U
Certi icatian 7YF St tus From To
SB Micro) Approved 01t1 i2Qi 9 01131/ 2d22
Siay infc rm dC KEEP YC7UR CERTIF# C TION PROFILE UPDA7 D! Lt7G ! N at al{ Pr Cure Gt3V
C u stions?
Emai1: QSDSN I.PCa Q. CA. aQV
Call OSDS Main Rlurnber; 916- 375- 494( J
70fi 3rd Street. 1- t30Q, INest Sacrarnenta, CA 95 t?5
hstps/, cai presc! rr. ca. govl, agestSupplr rPr, letsupp! lerlaro ile= pren! htn l
ATTACHMENT C
PROJECT LOCATION MAP:
LATHROP ROAD AND HARLAN ROAD
INTERSECTION IMPROVEMENTS CIP PS 21- 06
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