ITEM 4. 7
CITY MANAGER' S REPORT
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO AMERINE
SYSTEMS INC. FOR THE CITY HALL LANDSCAPE
RENOVATION, CAPITAL IMPROVEMENT PROJECT GG
21- 09 AND APPROVE RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to Amerine Systems Inc. for the City Hall Landscape
Renovation, Capital Improvement Project ( CIP) GG
21- 09 and Approving Related Budget Amendment
SUMMARY:
City Council created Capital Improvement Project ( CIP) GG 21- 09 City Hall Renovation ( Project) to update the main bathrooms, paint the building exterior and install water efficient landscaping. The first two phases, bathrooms and painting, have been successfully completed and third phase, landscaping, was advertised for formal bid on February 15, 2022. Staff received seven ( 7) bids and the lowest responsive and responsible bidder is Amerine Systems Inc. ( Amerine) with a bid of 497, 455.
City Council approved an initial Project budget of$ 500, 000. The first two phases were completed at a total cost of $ 322, 000, leaving $ 178, 000 in the Project budget for the final phase.
There are two primary reasons for the increase in the Project budget, construction cost have grown dramatically and the Project scope expanded. Construction costs labor, material and equipment) have increased between 15% - 100% depending on the type of work being performed. Staff identified some improvements that would benefit residents so they were added to the Project scope. For example, the utility payment drop box on Towne Centre Drive was added to increase access for the elderly and/ or residents with disabilities. Also, some physical elements around City Hall are being removed for better visibility and improved safety for residents.
Staff request City Council award a construction contract to Amerine for construction of the Project in the amount of $497, 455 plus a 10% construction contingency in the amount of $ 49, 746 for a total cost not to exceed $ 547, 201.
Staff also request City Council approve a budget amendment transferring $ 370, 000 from the General Fund Landscape Reserves Fund ( 1010) to the General CIP Fund 3010).
CITY MANAGER' S REPORT PAGE 2
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO AMERINE SYSTEMS INC. FOR THE CITY HALL LANDSCAPE RENOVATION, CIP GG 21- 09 AND APPROVE RELATED
BUDGET AMENDMENT
BACKGROUND:
On March 8, 2021, City Council approved the creation of City Hall Renovation, CIP GG 21- 09, contemplating renovations to City Hall' s restrooms, exterior paint and landscaping in separate phases to update these amenities that are more than 15 years old.
The Landscape renovations will include a new flagpole with uplighting, a City Hall sign in an illuminated cabinet, and replacement of the existing hardscape, plant materials, and irrigation system.
The new turf, groundcover, shrubs, trees, sprinklers and drip system will use less water than the existing ones. The installation of a CalsenseT"' irrigation controller will further optimize water use by identifying and troubleshooting water leaks and provide for the efficient capture and analysis of water use data.
Finally, the new hardscape will replace aging walkways and modified seat walls. The proposed design is amendable to security lighting at night, pedestrian friendly, durable, and will complement City Hall' s new paint.
The plans and specifications for the construction of this Project were completed by O' Dell Engineering and advertised for formal bid on February 15, 2022, in accordance with CA PCC 20160 and LMC 2. 36. 060. A total of seven ( 7) bids were received, each determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Tab/ e 1: Summar of Bid Resu/ ts
Contractor Total Bid
Amerine Systems Inc. 497, 455
Westside Landsca e & Concrete, Inc. 515, 140
WABO Landscape & Construction, Inc. 532, 671
Od sse Environmental Services 624, 317
Marina Landsca e, Inc. 664, 854
Bri htview Landsca e Develo ment, Inc. 788, 258
Com lete Construction 1, 192, 849
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Amerine. Staff requests City Council adopt a resolution awarding a construction contract to Amerine for the amount of $ 497, 455. Staff also requests City Council authorize a 10% construction contingency of $ 49, 746, and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 547, 201.
CITY MANAGER' S REPORT PAGE 3
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO AMERINE SYSTEMS INC. FOR THE CITY HALL LANDSCAPE RENOVATION, CIP GG 21- 09 AND APPROVE RELATED
BUDGET AMENDMENT
REASON FOR RECOMMENDATION:
City Hall' s landscaping and associated amenities are more than 15 years old. During this time, improvements in irrigation efficiency and plant selection have provided the City with a wider selection of landscape materials. This project will provide a more diverse and aesthetically pleasing palette of plant materials, updated hardscape and improved irrigation efficiency and data management options.
FISCAL IMPACT:
The proposed construction contract with Amerine is for $497, 455. A 10% construction contingency is requested in the amount of $ 49, 746 for a total cost not to exceed 547, 201.
Funding for this project was included in the FY 21/ 22 budget; however, sufficient funds were not allocated. Therefore, staff request City Council approve a budget amendment transferring $370, 000 from the General Fund Landscape Reserves Fund 1010) to the General CIP Fund ( 3010) as follows:
Decrease Landscape Reserves
1010- 251- 07- 00 370, 000
Increase Transfer Out
1010- 9900- 990- 9010 370, 000
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 09 370, 000
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 09 370, 000
ATTACH M ENTS:
A. Resolution Awarding a Construction Contract to Amerine Systems Inc. for the City Hall Landscape Renovation, Capital Improvement Project ( CIP) GG 21- 09 and Approving Related Budget Amendment
B. Construction Contract with Amerine Systems Inc. for the City Hall Landscape Renovation, CIP GG 21- 09
CITY MANAGER' S REPORT PAGE 4
MARCH 14, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO AMERINE SYSTEMS INC. FOR THE CITY HALL LANDSCAPE RENOVATION, CIP GG 21- 09 AND APPROVE RELATED
BUDGET AMENDMENT
APPROVALS:
3- tO- ZOZ
Ken Reed Date
Senior Construction Manager
I b • 2oZ2
Michael King Date
Public Works Director
Ca ) ame Date
Finance D r ctor
3 t,p- Zo 't..Z..,
Salvador Navarrete Date
City Attorney
3•• Zz
S ephen J. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO AMERINE SYSTEMS INC. FOR THE CITY
HALL LANDSCAPE RENOVATION, CAPITAL IMPROVEMENT PRO) ECT ( CIP) GG 21- 09 AND APPROVING RELATED BUDGET AMENDMENT
WHEREAS, the City Hall Landscape Renovation Capital Improvement Project CIP) GG 21- 09 ( Project) was created to increase drought tolerant planting, install updated irrigation components and provide an updated landscape aesthetic for City Hall; and
WHEREAS, the plans and specifications for this project were developed by O' Dell Engineering and advertised for formal bid on February 15, 2022 in accordance with Public Contract Code Section 20160, and with Lathrop Municipal Code ( LMC) Chapter 3. 30. 060; and
WHEREAS, a total of seven ( 7) bids were received and opened by City Clerk on March 8, 2022; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Amerine Systems Inc. with a bid of $ 497, 455; and
WHEREAS, staff requests City Council award a construction contract to Amerine Systems, Inc. in the amount of $ 497, 455; and
WHEREAS, staff also requests Council authorize a 10% construction contingency in the amount of $49, 746 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 547, 201; and
WHEREAS, sufficient funds were not allocated in the adopted FY 21/ 22 Budget for the Project; therefore, staff request City Council approve a budget amendment transferring $370, 000 from the General Fund Landscape Reserves Fund ( 1010) to the General CIP Fund ( 3010) as follows:
Decrease Landscape Reserves
1010- 251- 07- 00 370, 000
Increase Transfer Out
1010- 9900- 990- 9010 370, 000
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 09 370, 000
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 09 370, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to Amerine Systems Inc. for the City Hall Landscape Renovation, CIP GG 21- 09 for a cost of $497, 455; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 10% construction contingency in the amount of $49, 746 for a total cost not to exceed $ 547, 201 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 $ 370, 000 from the General Fund Landscape Reserves Fund ( 1010) to the General CIP Fund ( 3010) as detailed above.
The foregoing resolution was passed and adopted this 14t" day of March 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO F RM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT B
SECTION 00500
CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
CONSTRUCTION CONTRACT
This Contract, dated March 14, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California( City), and Amerine Systems 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 Scope of Project and Work. Construction Documents for City Hall Landscape Renovation, CIP GG 21- 09 ( 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 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 removal of existing hardscape, irrigation and plant materials and replacement of same with new materials in a modified design, and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 75 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 work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: 497 455 ( Four Hundred Ninety- Seven Thousand Four Hundred Fiftv-Five Dollars)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Works Department and 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 Amerine Systems, Incorporated on March 8, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the provisions SECTION 00500
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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 ] iens 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.
SECTION 00500
CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City ofits 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 SECTION 00500
CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
Contractor' s proposal for the Work is not DIR Registered at the time of opening of 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 Contractar 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 CITY: ( 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 Labar 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 SECTION 00500
CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
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 enumerated 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, ar 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 CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address.
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 SECTION 00500
CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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.
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;
SECTION 00500
CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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; 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. Assignment. 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 Contractor. 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 sha11 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.
SECTION 00500
CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
To City: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7363
FAX: 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor: Amerine Systems, Incorporated
Mailing Address: 10866 Cleveland Ave. Oakdale, CA
Phone: 209) 874- 5986
Email:
ATTN: Jon Fultz
16. 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 autharity. 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 SECTION 00500
CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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.
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 parry. All provisions, whether covenants ar conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any carporate 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.
SECTION 00500
CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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.
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 USC1368), 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 CTTY. 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.
SECTION 00500
CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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.
EXHIBITS:
EXHIBTT 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.
SECTION 00500
CITY HALL LANDSCAPE RENOVATION CONTRACT
CIP GG 21- 09
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:
B y:
Michael King, Public Works Director
APPROVED:
B y:
Stephen J. Salvatore, City Manager
END OF SECTION)
EXHIBITA
S CT[ OtV D03U0
CI' fY H,tl,i, LANDSCAP RENOVATtON BICI PttOPOSAI. F RMS CIP GG 21- 09
sTn PuoposAL oRms
TC: City afLathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: Gity Clerk
FOR: CtTY RALL LANDSCAPE RENCIVATION, CIP GG 21- 09
THE UNDERSIGNED, AS BIDDER, HEREB Y AGREES AND DECLARES THAT:
LEGAL CUMPGIANCE
The oniy persons or parties interested in this Bid as Principal are those named herein; that this id is made without callusion with any other person, firm, partnership, corporatian, or association; that he has carefully examined the lacation of the proposed vork and the CanstrucEion Documents; and he proposes and agrees that if this Bid is accepted he will contract with the City of C, athrop, in the form ofthe Cantract as set forth in the Constructian Documents for said project, to provide al) the necessary labor, ervices, materials, and equipment, and to do all the work and furnish all the materiais; and that he will accept in full payment therefore the price as proposed in thc folla ing Bid Schedule.
SCHEDULE (} F PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any ather taxes, patent rights, or royaities are ir ciuded in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS UF AWARD
The basis for award af khe contract viil be the price of the base bid. The City afLathrop reserves the right to award ihe wark contemplated by the base bid or to award none of the wark. 003C10- 1
ATTACHM NT" A"— REVISED BII SCHEDULE# 2
CITY HALL LANDSCAPE k Nt) VATIt3N CIP GG 21- 09
BA.S B D CIIET1UlLL
BID UIYIT EXT' ENDED
I?ESCRIPTION UANTITY t31V'IT5
ITEI1j PRICE T OTAL
1 MobilizatianBonds l LS 20, 000. QO
2 ' I'raCCc Contrc l 1 1, S 7, 500. 00
3 Erosion& Sediment Control F ar 1 LS 15, t}00, 0
4 Sitc Gradin{ Finc} 34, 98b Sf 25 $ 9, 000. C10
S Clearing& Grubbing 3, 9 Sk 28 $ 10, 000. 0
fi H ardscape llemfllition C3fi' haul 3, O13 SF g. 29 $ 25 0p0. p Tree& Stump Remo al & t ffhaul,
7 NA r 3 Q .
inct. 5ium Grinciin
8 Construction Fer in 4G0 LF 1{ l . 87 $ S, 040 . OQ
9 Trec' rotection Fer cin; 1 LS 6, 0 0 0. p 0
d0 Cancr; ie Flatwori 2, 475 SF 17 . 94 $ 44, 400,{} 0
11 b" r idc: PCC Curb 434 LF 77 , 42 33, 00. 00
l ' 4„ Wic] e PCC Curb 1 Sb LF fi2. 7 $ 7, Z00 . 00
13 Step- ff Curb Paving 18{ SF 53. 33 $ 9, 60 t3.{ l0
l Seat Wall i72 LF 306, 78 $ 52, 80fJ . 00
l5 lT' ashed RiverCnbble @ " Dec 2, 50=1 5' 3. 45 $$, 63Q. 00 l i Flagpole 1 EA 8, 700 , 00
17 Moi umentSign 1 EA 20, OQ0 . 00
i$ 5ail Co iditiflning& Amen lment; 34, 9 S[; g $ I3, 730 . OCt l9 Turf Sod IC}, l£ 5 Si 1. 03 $ 10, 50Q. 40
2Q 1 Gatlon Shrc bs 891 EA 13. 80 12, 300. UO
23 5 Gailon Shrubs 914 EA 20 . 42 , g. pp
22 15 Ga11on Shnabs 31 EA 108, . 6 $ 3, 353.( 10
23 24" BoxTrees l9 A 3p3. 37 $ 5, 954 . 00
24 36" Box Trees EA l, 470. 00
25 b' —' B"I'HPaimTrees 6 EA 25fJ0. 00 $ 15, 000 . 0
26 12' — 15' BTN Palm Trees 7 EA 6932 , $ $ 48, 530, 00 2? Root Barrier 323 LF 1. 2. 62 $ 4, fl 7 5, fl 0
28 T p Dressing- D corative Bark Mulch 2 1, 23 SF . 47 I.1, 725. 40 29 fi0 Day Maintenar ce Estatalishment 34, 988 SF 79 $ 25, 800 . 00 30 Irrigacion Syste n- R`'VS 4 A 1. 97. 9 $ 8, 7 0.{ l
31 Irrigation Systen— Drip/ f3 tbbler 2 1, 823 SF 9$ $ 11, 8 03, 0 0 32 Turf Rcrtary IQ, 165 5F g 20, OOU. 00
33 Irrigation Contralier i EA g, p p p.{} p
4 Flow Sei sor& Master Valve 1 EA 2, 5fl0. OU
35 35 Gallon Trees i3 A 340. 77 $ 3, 93.(}. 00
Irrigation Main Replacernent
36 qllowanc
1 LS 1, 500 fi 1, 500
3ASEBID:
97, 55. Q{}
SAS BITI TN { RT)S : E' our Bundred Nin ty Ssven Thousand four Hundred Fifty Five Dollar:
5ECTIQN 00304
CITY HALL Lt inSCAPE REhOYATI0 1' BID PROPOSA[, FORhlS
CIP GG 21- 09
INFC} RMATION REQUIRED OF BIDDER
The Bidder{ Contractor) shall furnish the fallowin information. This infarmation is considered essential in enabling the Praject Manager to t#etermine ifithe Bidder is experienced in similar types oC wark and if the Bid is based an a careful study of inethods applicable to the wark and full realization pf the various factvrs vhich may affect the pro ress of the work_ Failure to comnlv tivith this requirement may render the Bid nan- responsive and may cause its rejection. Additianal sheets sha( 1 be attached as raquired.
BIDDER' S INF RMATIGIN
l) Bidder' s name and addres5:
Amerine Systems INC
10866 Cleveland Ave.
Oakdale CA
2) Bidder' s ielephone number: 209- 874- 5968
3} Bid ier's fax number:
4} Bidder' s Contr ctar' s License( Class}; A C 2
LicenseNfl.: 932Q3
Expires: 30J20 2
S} Person ti ho inspected site of proposed ork for Contractor' s firm:
Name: Jon Ful. tz Date of inspection: I 12 22
S} List 3 projects of a nature similar to this project:
Project Contract Nam, l ddr ss and
price Telephone Number of Qwn r
remont ES Mod. 3$ 0, 000. 0
Merced C. ty School Distri. ct
444 W 22nd St, Merc d 209- 385- 6332
Needham Eleraentary 3g, ppp, p Lodi Una.fied School District 1305 E Vine S. Ladi
Raosevelt Paxk 656, 408. 0 Ca. ty af Madesto
P. o. Bax 642, Modesto
o aoa-
SECTtt? N{} 0300
CI' i'Y HALL LA1tiDSCAPE RENpVAT1pN BiTb PItOPOSAL FORMS C1P GG 2i- U9
L ST OF SUBCONTRACTORS:
The Bidder shall iist below the name and business address of each subcantractar who will perform wark under this Bid in excess of one- halF af anc percent of the Contractor' s Total Bid Price, and shall atso list the portion of the WQRK vhich will be dane by such subconiractor, in accardance with Section 41a7 of the Public Cantract Cod. After the openin of bids, no changes or substitutions will be aliowed except as othenvise pravaded by law. The listing ofmore than one subcontractor for each item ofwork to be performed with the vords" and/ or" will not be permitted.
Failure ktr cornpJy with this requiremeni may render the F3id nan-responsive and may causc its rejectian. Should the Contractor provide a bid that does not require a sabcontractor, the Contractor shall note thak an this page by writing" Not t pplicable" in the list belpw.
Subcantractor
Lice tse Percent of
L'Vark to be Performed Numbcr Total Cantract Subcontraetor! Address/ Phone# 5inalair General Enginenring
l,
oncrete 818693 10 s p. o. aox iass. oaka ie
2 9- 47- 00
2. 3.
4. S.
b.
Note: At#ach additional sheets if required.
00300- 5
SECTi(? N ff0300
C1TY HALL LAtiDSCAPE I2E YOV AT( Oti BID PROPOSAL FORRiS CIP GG 21- 49
ADDENDA .
Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours of bid apening and acknowledges receipt of the fallawin; addendum ( addenda):
3 1
RespectFully submitted,
8 2a 2. ____.. r r, 1 . rs; s- 1 c
ated Lega( Name of Firm
Signature o Authorized epresentative
Seat)
If Bidder is a corporatian, show State in which incorporated.) The full names and post office addresses of alt persons and parties interested in the foregoing Bid as principals are as follows:
NOTICE): Give first and last names in fuli; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
0030d- b
SECTION 0{ 13 0
CI7' Y H 1LL GANDSCAPE RF NOV 1T10N B[ D PROPt} SAL FOR iS CIP GG 21- 09
BIDDER' S BOND
KNOW ALL MEIV BY THESE PRESENTS:
TI- AT UVE Amerine Systems tnc
as PR[ NCIPAL, and tJld Republic Surety Company
as SURETY are held; and firmly bond unto the City of Lathrap in the penal sum oP TEN t' ERCENT {] 0°l0) OF THE T4TAL AM{3UNT QF TI-IE BID of the Principal above named, submitted by the Principal to the City af Lathrop for the vork described belaw, for the payment of which sum in lawful maney ofthe United States, tivell and truly ta be made to the City of Lathrap to which the bid vas submitted, ve bind ourselves, our heirs, executors, administratars and successors, jointly and severally, tirmly by thase presents. ln na case shali the liability of the surety hereunder exceed the sum of$ ^ e nr r T, i a: e A,,, m, ns.
THE C(JNDITIQN OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principat has submicted th above mentioned bid to the City of Lathrop for certain canstrvction specifically described as fotlows, for vhich bids are to be opened at the City Hall, 39 Towne Centre Drive, Lathrop, CA: CITY HALL LANDSCAPE RENCiVATIflN, CIP GG 21- 09.
NdW, THEREFCIRE, it' the Principa) is awarded the contract and within the time and manner required under the specitieatians, af'ter the prescribed forms are presented to him For si nature enters inio a written cantract in the prescribed form, in accordance ith tf7e bid, and tiles two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labar and materials as required by law, then this obligatio shall be null and vaid; othenvise, it shall be and remain in full force.
IN WITNESS t'UHEREf1F, we have hereunto set our hands and seals on this ? gth da} Ot Fe?` ' 2?.
Olci KeP blic Suret Compan.
Am sae Sy sicros tn
iR z'.§ SE1
Ryaal. Tosh Auorney- m- Fz. t
Se3 Jea
Address: Address:
108GG Clevelunti Avc# 9709, Oal: dalc, CA 953G1 P. O.[ iOX 1535. M( LWAUF: F;1;, Yf S, i2U1 NC?TE: Signatures of thase executing for the surety must be coperly ackna vledged. oo oa- 7
ACKNOWLEOGMENT
A notary public or other o icer completing this
certfficate verifies oniy the identity of the individual who s ned the document ta which this ce tificate is
attached, and not the t uthfutness, accucacy, or
valid of that document.
Coue of lifomia
acramento Y
On O` ,; o before me, e ine DuPont, Notary Public
insert name and ti#le afthe officer)
personaily appeared Ryan L. Tash
who proved to me on the basis of satisfactory evidence#a be the person(s) whose name(s) islare subscribed ta the within instnament s d acknowledged to me thst hetshelthey executed the same in hisJher/their authorized capacity( ies), and that by histher/their signature{ s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the faregoing paragraph is true and correct.
KATHERINE UPONT
WITNESS my t and and a cial seal. j ' COMM,# z37ez2z
NOSAAY PU9l1C• LalIF4RNIA
SACRAMENTO COUNTY n
CONM. E1tPIRES OCT. 1Z, 2025
Signature, _ Sealj
tJLD REPUBLIC 5: 11RETY C{JMPANY
ow a o ArroRHev
3{ NOW A L tviEN 8Y THESE PR SEtVTS That O. D REPU9LIC BURETY Ct7MPANY, a Wisconsin stU k Ir,surance arporation, does make, constiWte and app int:
d hn T, Page, Ryan L Tash, Susan Faurni r, Katherine Duponi ot Rancho Co? dova. A iis true and lawtu) Attomey( s)- in- Faci, wiFh tull power and auihority for and on behalf of She company as surely, io execute and de iver and ifix the seal of the company ihereto { it a seal is rsquired}, bon s, undertakings, recognizances or other written nbligations€ n the nature thereaf. other than Datt bands, bank depository bonds, mortgage defictency bonds, marYgage guera» ty bonds, guarantees of fnstallment paper and nate guaranty bonds, seN- insurance workers compensation 6ands guaranteeirrg paymen! oI benefits, as6estos abatement contract bonds, waste management 6onds, bazarzfous waste remediaGon bonds or trlacK lung bandsJ, as foUaws:
Al.l WRI`i7EN INSTRUMEN7S
and io bind Ql.[7 REPUBC. IC SURETY C4MPANY ihereby, and al! af Ihe acis ot said Attorneys•in- fact, pursuan4 lo these presenis, are ratifed and confinned.
This appoinimerst is made under and by au4hority af ihe baard of directors at a speclal meeting held an February 18, 1@82.
This Power oi Attomey is signed and aealed by facsimile under and by the autnqrty ot the tatlawing resofufions adopied by the board o( directars oi Ihe OLD REPU i. IC SURETY COh, iPANY on February 18. 1982.
RESOLVED thst, ihe presEdent, any vice- president or assistani vice presideni, En conjunciian veiih ihe secretary or any assistant secrelary, may appoint attomey5- in- i2ci or agents wi4h euthority as defined or lirnited in the inskrument evidenCing the appointmenF in each case, for and on behaii nf ihe cpmpany ta execuke and deliver and affix tne seal ot Ihe campany to bonds, undertakings, recog izancss, and suretyship ohligafions of aIi kinds and said ofticers may remoue any sucii 2ttamey- in- Tact ar aget t and revoke any Power ot Attomey previousty grenied to such person.
RESOLVED FUR' iHER, that any bond, underiaking, recognizance, or sutety5hip obi: alion shati be v3lid and binding upon fhe Company i) when signed bp ihe presideni, any vice prasident or assistant vice president, and aites4ed and sealed( if a seal 5e required} by any secretary or assistant seaetary; or
iiJ whan signed by 1h? presldeni, any vice presiGent or assisian! vice president, secre; ary or assistant secretery, and cauntersigned and sealed( if a seal be requlred) by a duiy authorized allomey- iri- tact or agenl; or iii) when duly execuied and sealed ( if a seal be required} by one or more attameys- in- tatt ar agents pursuant to an within the limits of ihe authority evldenced by ti e Power ot A14amey issued by fhe company 4o such person or persons.
RESOLVED FURTHER that ihe signature o( any authdrized officer and the seal ai 1he Gompany may be ahixed by facsimile to any Power af Atlomey or certification ihereai a thorizing the execution and delivery o( any bond, undertaking, recoc nizance, ar other suretyship obligations af ihe company; and such signa9ute and seaS tvhen so used shail have the 58me force and efisc4 as thotagh rnanualiy a€fixed, IN V`JiTNESS V NER C} F, OLD REPUBUC SURETY CC7tu ANY hes causec ihese presents to 6e sianed by i1s proper pfficer. and i1s corporate seal to be a xed th s
2Sth day af tAarch 202Q
s, rF, Jl. D REPU$ 1C SUREiY GOMPANY
ea c
i
r"
C.
ya. Lp F a) t o .
SEAL
s,
g
y
a
r_
tPR .
t,
kes., ent Sacreta.
Prtsiden
STATE OF WISCC3NSIN, COU1d` iY OF WAUK SHA- 5S
Qn this - 6jfi--- dav of March 20 0 ,
p. 4nafly camII be ore me, Al n P YIiC
and K te J HaE{ n8r o me knovm to ba lhe indlvidua3s and otficers of the OLD REPU6lIC SURETY COMPAt`tY who execuied the above instrument, and ihey each acknawledged the axeculion of the same. and being by me duiy swvom, did sev ral; y depose and say: thai th y are ihe said o cers o` the cur aration af resaid, and ihai the seal aftxed io the abave Ins rument is the seal af the corpor tion, antl that said carparate s a! and theEr signalures as such alfi;..ers tiuere duly affixed and su6scrlbed ifl the s! d Insirument by the authority af 1he I oard oi direCtors At sald co* poraS on, R
07A.Vj. y,
1 1t t.''"'
Ifi' N:. d y Pvt#ic.
My commission xp res: g ptember 28. 2(} 22
CERTlFICATE Expiratiuo of notnry' a commisslon does noi invatfdnte t6is insirument I, the undersigned, assistan! sacreiary ot the 0! b REPU$ I iC SURET'! Ct7MPANY, a Wiscans' sn Cqrppration, CERTIFY lhat tha foregoing and attached Pewer ot AUorney remai ts in fuI! torce and has no! been revoked; and turthermare, thai the Resolul! ons of the ba2rd o( direci rs set tor h in the Power n! Attorney, are naw irt lorce.
4, av sLh i} ;
a
c` z
r iv, coe. o..> r . o=
g $ EAl. : i; Sgnad ard sesiprJ at the City ot Ranctro Cordova, CA this __ s. day oi L...4+ 2. Z. x
p
n
t,
r,
N * ;,,,-
R65'.S. . 9i ab;:tBtt . 4RSC 222fi2{ 3fibj
AssuredPartrrers of CA ins Setv
SECTION 0030U
CITY HALL LANbSCAPE RENOVATION B[ D PROPOSAL FORMS
CIP GG 21- 09
NONCULLUSiON AFFiDAVIT
STATE OF gt i F,, N A )
ss.
COUNTY OF S%{v/ SLf t1S
L7.L„ Mf•'in/ eing first cEuly sworn, deposes and says that he or she is r
of/ hiYE E SYS the party making the foregoing bid
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 noi 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 a reement, communication, or conference with anyone to fix the bid price of the hidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyane 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 diwlged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a c lusive o sham ' d.
Signature o : President, Secretary,
Mana er, Project Mana er or Representative
The County of S U S
State of - t
Subscribed and sworn to( or affirmed} before me
on this +
n
day of r" ' r , Oa', by
r
ME JSSA F ENISTER
roved to
Comm. F2303107
P p+ Notaty ubUt• California
me on e basis of satisfactory evidence to be the sar+ts ausCouncy person( s) who appeared before me.
on m. re: nu 2, zo23
Seal
Signature
oaao0- 8
sECTro r uo3 o
CtTY HALG LA f3SGAPE F2EN0' AT101 BID PROPOSAL FQRMS
CiP GG Z1- 09
PU8L1C CQNTRACT CODE SECTION 10162 QUESTIQNNAiRE
Tn accort ance vith Public Cantract Code Section 101 b2, the $ idder shalI complete, under penalty of perjury, the following questionnaire:
Has the Bidder, any officer afthe Bidder, or any employee oFthe Bidder, who has a praprietary interest in ihe Bidder, ever been disqualified, removed, or othenvise prevented from bidding on, or compleiing a federal, state, or loca( government project because ofa violation of law or a safety regulatian? Yes No
If the answer is yes, explain the circumsTances in the follo vin space.
PUBLIC Ct7NTRACT SECTiG1N 10232 STATEMENT
in accardance vith Public Contract Code Sectian 10232, the Caniracton c reby states under penaity of perjury, thak no more than one final unappealable finding af contempt of caurt by a federat court has bcen issued against the Coniractor vithin thc immediately prcceding two year periad because of the Concractor' s faiiure to comply with an order of a federal court which orders lhe Cankrackor to camply with an order of the Natianal Labor Relatians Baard.
N(JTE; The above Statement and Questionnaire are part of ihe Proposal. Signin this proposal on the si nakure portion thereaf shall also canstitute signature of this Stakemen and Queskiannaire.
idders are eautioned that makin; a false certification may subject the certifier to criminal prosecutian.
END C)F SECTIOh)
030- 9