ITEM 4. 9
CITY MANAGER' S REPORT
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PK 22- 40 BANTA JOINT USE
COMMUNITY PARK IMPROVEMENTS, AWARD
CONSTRUCTION CONTRACT TO WESTSIDE
LANDSCAPE AND CONCRETE, INC. FOR THE
CRICKET PITCH INSTALLATION, AND RELATED
BUDGET AMENDMENTS
RECOMMENDATION: Adopt a Resolution for the Creation of CIP PK 22- 40 Banta School Joint Use Community Park
Improvements, Approve a Construction
Contract with Westside Landscape and
Concrete, Inc. for the Installation of a Cricket
Pitch, and Approve a Budget Amendment for
the Purchase of Park Equipment.
SUMMARY:
Staff is asking Council to approve the creation of Capital Improvement Project ( CIP) PK 22- 40 Banta Joint Use Community Park Improvements. The creation of CIP PK 22- 40 will allow the City to approve a construction contract with Westside Landscape and Concrete, Inc. not to exceed $ 62, 500 for the installation of a Cricket Pitch and authorize an increase of $ 46, 900 to the FY2021- 22 Parks, Recreation and Maintenance Miscellaneous Equipment budget for the purchase of 5 sets of heavy duty NCAA regulation portable soccer goals in accordance with upgrade obligations within the Joint Use Agreement between the Banta Unified School District and the City.
BACKGROUND:
At the March 14, 2022 City Council Meeting, Council approved a Joint Use Agreement and related Easement Agreement between the City of Lathrop and the Banta Unified School District. This Joint Use Agreement provides community access to the 16 acres of Community Park space (Banta School Joint Use Community Park) during nonschool hours, including weekdays, weekends, and days when school is not in session.
As part of the Joint Use Agreement, the City will provide the following upgrades:
Provide five ( 5) sets of Heavy- Duty NCAA Regulation Portable Soccer Goals 24 feet wide, 8 feet high, and 9 feet deep); and
To design and install a 15' x 100' cricket pitch within the joint use area. The pitch will be concrete based and covered with an all- weather synthetic surface.
The pitch will be located in a manner to provide minimal impact to the ability to provide multiple playing fields at the Banta School Joint Use Community Park.
CITY MANAGER' S REPORT PAGE 2
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 22- 40 BANTA JOINT USE COMMUNITY PARK
IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO WESTSIDE
LANDSCAPE AND CONCRETE, INC. FOR THE CRICKET PITCH INSTALLATION,
AND RELATED BUDGET AMENDMENTS
Cricket Pitch
On March 9, 2022, the City announced a request for bids for the installation of a Cricket Pitch which closed at 6: 00 pm on Thursday, March 24, 2022. Staff have identified Westside Landscape and Concrete, Inc. as the lowest responsible bidder for this project at a cost not to exceed $ 62, 500 ($ 56, 754 base bid with a 10% contingency). This agenda item proposes to fund this portion of the project through Culture and Leisure fees.
Soccer Goals
Staff researched and received quotes for 5 sets of Heavy- Duty NCAA Regulation Soccer Goals that meet specifications of the Joint Use Agreement. The lowest quote received was aproximately $ 3, 550 per goal for a total of$ 46, 900 which includes sales tax, shipping, and a 10% contingency. Staff requests Council authorize an increase in the FY2021- 22 Parks, Recreation and Maintenance Miscellaneous Equipment budget from General Fund Reserves to cover the purchase of soccer goals.
RECOMMENDATION:
Staff is requesting that the City Council consider adopting a resolution for the creation of CIP PK 22- 40 Banta School Joint Use Community Park Improvements, approving a construction contract with Westside Landscape and Concrete, Inc. not to exceed 62, 500, and authorize an increase of $ 46, 900 to the FY 2021- 22 Miscellaneous Equipment budget for the purchase of soccer goals.
FISCAL IMPACT:
The approval of the Joint Use Agreement on March 14, 2022 created a new Community Park space within the River Islands Community which includes the City' s obligation to install a cricket pitch and provide 5 sets of soccer goals at this new athletic facility. This item proposes to fund the installation of the cricket pitch and the purchase of soccer goals from Culture and Leisure fees as identified below:
Budget Amendment
Increase Transfer Out
2260- 99- 00- 990- 9010 Culture and Leisure Fees $ 109, 400 Allocation of funds to CIP PK 22- 40
Increase Transfer In
3010- 99- 00- 393- 00- 00 PK 22- 40 109, 400
Increase Expenditure
3010- 80- 00- 420- 12- 00 PK 22- 40 109, 400
CITY MANAGER' S REPORT PAGE 3
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 22- 40 BANTA JOINT USE COMMUNITY PARK
IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO WESTSIDE
LANDSCAPE AND CONCRETE, INC. FOR THE CRICKET PITCH INSTALLATION,
AND RELATED BUDGET AMENDMENTS
ATTACH M ENTS:
A. Resolution Approving the Creation of CIP PK 22- 40 Banta School Joint Use Community Park Improvements, approving a construction contract for the insallation of a Cricket Pitch, and authorizing related budget amendment for the purchase of soccer goals.
B. Construction contract with Westside Landscape and Concrete, Inc. for the installation of a Cricket Pitch at the Banta School Joint Use Community Park.
CITY MANAGER' S REPORT PAGE 4
APRIL 11, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 22- 40 BANTA 70INT USE COMMUNITY PARK
IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO WESTSIDE
LANDSCAPE AND CONCRETE, INC. FOR THE CRICKET PITCH INSTALLATION, AND RELATED BUDGET . AMENDMENTS
APPROVALS:
3 • 3 .
Tod Seba ' a Date
Deputy Director of Parks, Recreation & Maintenance
3 ? D •
Zachary o e Date
Director arks, Recreation & Maintenance
y • y • Z o22
Michael King Date
Director of Public Works
o
Cari e Date
Director o Finance
y_ Zo Z
Salvador Navarrete Date
City Attorney
f•G - Zz
Ste n J. Salvatore Date
City Manager
ATTACHMENT A
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CREATION OF CIP PK 22- 40 BANTA SCHOOL ) OINT USE
COMMUNITY PARK IMPROVEMENTS, AWARD A CONSTRUCTION CONTRACT
FOR THE INSTALLATION OF A CRICKET PITCH, AND AUTHORIZING RELATED
BUDGET AMENDMENT FOR THE PURCHASE OF SOCCER GOALS
WHEREAS, at its March 14, 2022 meeting, Council approved a Joint Use Agreement and related Easement Agreement with the Banta Unified School District; and
WHEREAS, as part of this Joint Use Agreement, the City agreed to provide the following upgrades:
Provide five ( 5) sets of Heavy- Duty NCAA Regulation Portable Soccer Goals 24 feet wide, 8 feet high, and 9 feet deep); and
Design and install a 15' x 100' cricket pitch within the joint use area. The pitch will be concrete based and covered with an all- weather synthetic surface. The pitch will be located in a manner that provides minimal impact on the ability to provide multiple playing fields at this location; and WHEREAS, Staff have identified Westside Landscape and Concrete, Inc. as the lowest responsive and responsible bidder for this project at a cost not to exceed 62, 500 ($ 56, 754 base bid with a 10% contingency); and WHEREAS, Staff requests Council approve a construction contract with Westside Landscape and Concrete, Inc. for the construction of a Cricket Pitch at the Banta School ) oint Use Community Park; and
WHEREAS, Staff requests Council authorize an increase of $ 46, 900 into the FY2021- 22 Parks, Recreation and Maintenance Miscellaneous Equipment budget to cover the purchase of soccer goals.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop approves the creation of CIP PK 22- 40 Banta School Joint Use Community Park Improvements as well as authorizes the following budget amendments:
Budget Amendment
Increase Transfer Out
2260- 99- 00- 990- 9010 Culture and Leisure Fees $ 109, 400 Allocation of funds to CIP PK 22- 40
Increase Transfer In
3010- 99- 00- 393- 00- 00 PK 22- 40 109, 400
Increase Expenditure
3010- 80- 00- 420- 12- 00 PK 22- 40 109, 400
ATTACHMENT A
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves a construction contract with Westside Landscape and Concrete, Inc. and authorizes the City Manager to approve the purchase of soccer goals.
The foregoing resolution was passed and adopted this 11T" day of April 2022, by the following vote of:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney SECTION 00500
CRICKET PITCH- 18001 CONIMERCIAL STREET
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT
CONTRACT
This Contract, dated April 11, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Westside Landscape & Concrete, Inc., ( Contractor), whose Taxpayer ldentification Number is For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:
l. 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 the Cricket Pitch at 18001 Commercial Street Lathrop, CA 95330 ( 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 and disposal of existing turf, construction of a new cricket pitch within existing turf and complete restoration of affected irrigation and turf at 18001 Commercial Street Lathrop, CA 95330, and any task necessary to accomplish the aforementioned task.
The work shall be completed within 20 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.
Base Bid Total: $ 56, 754 ( Fifty Six Thousand Seven Hundred Fifty Four pollars)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i. e. Project Specifications, Project Plans, addenda, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Westside Landscape & Concrete, Inc. on March 23, 2022. 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.
00500- 1
SECTION 00500
CRICKET PITCH- 18001 COMMERCIAL STREET
CUPCCAA INFORMAL B[ D SOLICITATION CONSTRUCTION CONTRACT
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 behal£ 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 safery 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 ofthis 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.
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 00500- 2
SECTION 00500
CRICKET PITCH- 18001 COVIMERCIAL STREET
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 ofthe 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
CRICKET PITCH- 18001 COMMERCIAL STRF. ET
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 ofthe Contract Price; or( ii) to disburse any portion ofthe 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 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 Labor Code section 1776, Contractor stipulates 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 00500- 4
SECTION 00500
CRICKET PITCH- 18001 COMMERCIAL STREET
CUPCCAA INFORMAL BID SOL[ C[ TATION CONSTRUCTION CONTRACT 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 CITY, 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 thereo£ 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. Ifthe 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, 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 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 00500- 5
SECTION 00500
CRICKET PITCH- 18001 COMMERCIAL STREET
CUPCCAA INFORMAL BID SOLIC[ TAT[ ON CONSTRUCTION CONTRACT 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 eyuipment 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;
00500- 6
SECTION 00500
CRICKET PITCH- 18001 COMMERCIAL STREET
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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. Assi n 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.
l3. 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 City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination ofthis 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.
l5. 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( l) 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.
00500- 7
SECTION 00500
CRICKET PITCH- 18001 COMNIERCIAL STREET
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy: 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: Westside Landscape & Concrete, Inc.
Mailing Address: 27107 State Highway 33
Newman, CA 95360
Phone: 209) 862- 3908
EmaiL•
ATTN:
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. 00500- 8
SECTION 00500
CRICKET PITCH- 18001 COMMERCIAL STREET
CUPCCAA INFORMAL BID SOLICITATION CONSTRLiCTION 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 ofthis 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. l0) 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.
1 1) 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.
00500- 9
SECTION 00500
CRICKET PITCH- 18001 CONIMERCIAL STREET
CUPCCAA INFORi fAL BID SOLICITATION CONSTRUCTION CONTRACT 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 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.
00500-] 0
SECTION 00500
CRICKET P1TCH- 18001 COMMERCIAL STREET
CUPCCAA INFORMAL BID SOLICITATION CONSTRLICTION CONTRACT 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:
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 Ciry Manager' s approval.
00500- 11
SECTION 00500
CR[ CKET PITCH- 18001 COMMERCIAL STREET
CUPCCAA Ih`FORMAL BID SOLICITATION CONSTRUCTION COtiTRACT 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
S; CTION {?0300
RICK' i I' t CC11- l${ 1111 CO It l. E2C1AL S' E FtFt. T CI PCC; i:1 li; F() RhtAl. B![) SCILiCI' I AT70ti BID PFtni'nS,ll. FOR IS ID ruo os. oums
TC; City of l. athrop
390 Tawne Centre Drive
I. at} rop, CA 95330
ATTENTlC? N: Public Warks Depanment
FOR: STEt M ACADEMY CRICKET Q1TCI3
fl#E UND RSiGNED, AS t31DDC' R, f-1# RE 3Y AGI2t. S ND DECLARES TI( AT:
LEGAL COMPi.. IANC:
riie only perst ns c r parties interested in this Bid as Principals arc thase named hcrein; that this Sid is made t ithaut collusion with any o[ l7er person, firm, partnership, ct rporation, or association; that he has carefully xamincd the locatio ofthe propt s+:d vark and the Constructian C? ocuments:
and he proposes and agrces that if this I3id is acceptcd he wil! contract with the City of Lathrop, in the lc rm oftlte Contract as se #' orth in the Construction Docum. nts for saicl prc ject, to provide ak! thc necess7ry labor, services, matet•i ls, and equipment, and ta d all the work and i'urnish all the maierials; and ti7at he tivill accept in full p y taent therel'orc the price as proposed in the tollt wing Bid Schcdulc.
SCNEDUE E OF f' RICES
Al) applicable permit !'ees, licensinb costs, salcs taxes, State, and/ or I' ederal, and any other taxes. patent rig} ts, or royalties are inrludcd in the prices quotcd in ti} c F3id. All blank spaces must Ue fillcd in.
3ASIS OF AWARD
The basis for a vard of`the contract will be lhe total price of the bid. The CiEy of i athrop reserves tlle right to award only the • ork contean lated by the totaf bid or nane aFthe vork. oa3oo-
SECTION 00300
CRICKET t' lTCf!—] 8001 CtJ;tiiMERGt: 1LSTI2Eb" 1'
C' Ui' CC. 1A INFtJR IAL Bli7 SOLICI' I`A"l[( J' Sti)!'! t() Pf) S, 1L Fi E21tS STFAM ACADEMY CRtCKET PITCII
BID SCHEDULE,
B
DESC 2IPTION QUANTITY UN[ TS
UNIT EXTENDED
TEM PRiCE TC?TAL
Mobilization, incl. 5ite Safety
g$, pop $ 5, 40f}. OQ
Fencing, SCF and Move In;`{7ut
Construct New Cricket Pitch per LS 5 5, 25 45,254. 00
Attached Alans and Specifications
Removal and Disposal of xistin
3 ' i' ur1`/ Soil and In; ress- C ress 1 LS $$, 500 $, Q. 00 Irri atian/ Turf Repairs
TO'I"AL BID: $ 7' Q
oTA, sin n woitDs: Fifty Six Thausand Seven H ncired Fifty Faur anti 00l100 00300- 2
SECTtON U 30
CRICKET I Tcii- iH c o ttiit: c t. t, s'rur:.
Clif' CC: 1a t tiFOR11, iL F3tb 50111C1" 1 r' i' IOY f31t) E' ROPQS(_ FQK\ iS INFQRiYiATION REQUIRED nF BIDI) ER
The Bidder{ Contractor} shall f'urnish thc f
llawing infor na ion. This info macion is cansidercd
essential in en bling the Project Mana cr ta deter nine ifthe Bidde is experienced in simiiar ty pes of e ark and if the Bid is based an a carefu! study of inethods pplicable to lhe wark and full reali7at on of the various iactors which may affcct the progress of thc work. Failurc to comnlv witl3 this requiremenE mav render the Bid nan- responsive and mav cause its rejcction. Additianal sheets shall be atkached as required.
BiDDER' S iNFORlYtATION
I) Bid er' s name and address:
Westside l.artdscape & Cancrete, Inc.
r..
271 t17 CA- 33 Newman CA 95360
Bidder' s telephane number: Cell. 209- 427 5778 Office: 249- 862- 3908 3} B dder' s fax numb r: 209- 8 i2-3608
Bidder° s Cantractor' s I. ice se { Class}; -$ C- 13, C- 27, OA9, icense No.. CSLB# 825160
EYpires: 1/ 30l2022
S) Person wlio inspected site of proposed work lor Contractor' s firrn:
Name: Jaime I. Alvarada Datcof' Inspcction: l1$ 202z
b) List a projects of a nature simiiar to tltis roject:
Projeet Contract Name, Address and
Price Telepllone Number of Owner
Alisal Cricket Pitch 60, 031. 70
P easanton Unifed Scfi aol District 4665 Bemal Ave
Pleasanton Ca 94566 925- 462- 5500
8anta Elementary Sehool bar+e vo azqwz L}ueaor al Marnencaue a qperaiia s {, c? 9zo- e9t Field Renovation 2' Qd
Bama Eiemen ary SJxsd Utis rc 2 37£] Rarsc p Rd 7racy CA Ficld RpkreaLon. Booster Pwnp tnstatl,
J4,, h.4.. Pleasanton UniGed School istrict 4665 Bemal Ave arwrrau Repa r
i leasanion Ca 84566 925-482 5fi0Q
Q0300- 3
SECTION 00300
CRICECE: T i' 1' T`Clt- 181141 C0:11 7 RCt. IL S7 EiG 1 Cl[' CC: A Iiti ORti1, iL!#1D SOLI(' E`[' A"i'[ 01 f3lD!' RO!' fltitll. F(? ItA1S List of Subcontractors:
1 hc f3idder shall list below the name and business address of each subcontractor ho wil! erfarm work under this Bid in excess ofone-halfof one percent ofthe Contractor' s Total Bid Price, and shall also list the portion of the b'VORK which « i! 1 be donc by such subcantractor, in accordance vith Section 4107 of the Public Cantract Code. slfter the opening of bids, no changes or s bstiWtions will be allo» ed exccpt as othenvise provided by la v. ' t+he listin ot more than one subcantra tor far each itein of work to be performed tiviih the rords" and/ or" tivi( I not be permitted.
Failure to comply with this requirement may render the Bid non- respansive and may cause its rejectian. Should the Contractor provide a bid that daes not require a subcantractar, the Contractor shall note thai an this pa e by writin;" Not Applicable" in the list belo«.
Subconirarit r
l i cnsc Pcrccni af
Wc rk to bc I' crformec Numbcr ibkal Contract Subcontractor` s Namc& Address Womack Striping Inc.
i. Court Stripinq 47795 1° l0 1336 Lone Palm Ave.
o es o,
209, 550. 0771
2. 6.
Note: Attach additional sheets if required.
030f)- 4
SECTION 00300
CRICK T f' tTCH- IS[ liFi C01iL1E:RCl.il,S' I' REE7`
Ct PCCA.•[ ttiPORl t. iL I3tD SOt. EC1' i'; T101i lD l' RO#' O,"rril.{ O12, 11S
ADDENDA
C3iclder ackno vleciges receipt of the following add ndum ( adclenda); 3 2 Z Z2.
Res cctfully submiued,
March 21, 2022 Westside Lanc#scape & Concrete, inc.
Dated Lega! Name of Firm
Si ature c f Autitiorircd Representative
Scal)
1(` Bidder is a corporation, show Stat i wl ich incarporated.) Califomia
The full names and post of`Ece acidresses af all persans and parties interested in ihe fare oing Sid as pri lci als are as follot Js:
NO ICL): Give first and last names in f-u11; in case of carporation, give names of President, Secr tary, Treasurer, and Mana; er, and in case af partnerships and jt int vcntures, ive na z rs ancl Past Office addresses of all lhe individual Encmbers,
Armando Garcia President
Rolando Garcia Treasure
Karina Casteneda Secretary
OQ304- 5
SECTIaN 00300
Cf21CF T PITCfi- iR001 C iliitE; E2CIAE. ST' REET
C[ PCCrt: ENl' t) Rh1AL BiD 5OLlCI' I' AT( Oti BID PROI' OSAL FOR11S BIDDIER' S BflND
1{ Nfl V ALL MEN BY THES PI2ESENT:
THAT WE West ide Landscat c& oncrete Inc
as F' RINCIPAL, and Granite Re, Inc. dba Granite Surety Insurance Campany as SURETY are held; and firmly band unto the City at' C, athrop in the penal sum of TEN P RCENT ( 14° 0) C} F THE TOTAL AMt7UNT UF THC BtD af the Principa! above named, s ibmikted by the Principal ta the City of Lathrap for tlze work described below, far the payment 4f wl ich sum in lawful money of the United States, Gvell and truly ta be i nade t the City of Lathrap ta u°hich the bid was submitted, we bind ourselves, our heirs, executors, administratars and successors, jointly and severally, firmly by those presents. In no case shall the Eiability of the surety I ereunder exceed the sum af io) Ten Percen u d
THE CCINDITIC3N OF THIS (3BLIGATIUN IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentiancd bid to the City of l. aihrop far certain construction specifically described as fallotivs, for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrap, CA: STEAM ACADLMY CRICKET PITCH.
Nt7 W, THEREFQRE, if the Principal is awarded the contract and within the time and manner requireci under the speci cations, after the prescribed forms are presented to him for si naturz enters into a written contract in the prescribed form, in accordance ith the bid, and files two bonds« Jith the City, ane to guarantee faithful perfarmance, and the other to guarantee payment for labor and matcrials as required by law, tllen this obligation shall be null and void; othenvise, it shall be and remain in full force.
04300- 6
SECTION UU300
CRlCK:' T' P17' CEi- 1ROOi Cq' 1t 1tE12CiAL ST( 2EF:' i' Ct" t' CC: 4 Iti1 t R 1AL S[ U SflLICiT: A' I' IOti BtD PRGI!' OSr1L Ft?R41S IN WITNESS WHCREt F, tive have hereunto set our hands and seals on this 2 th d y of March , 20
Vests' L nd a oncrete, Inc.
Granite Re, Inc. dba Granit
Sure Insurance Cam, an{ Scal)
5eai)
7"` ++ . K';:,'` ea, 7
Address. 27107 State Highway 33 Address: I4001 Quailbr" Gk Dri e Newman CA 953d0 Oklahoma Citv, t7I•: 73134
NOTE: Signatures of tt ose executing for the suretp must be praperly ackn wledged. ao oo- 7
A notary public or other ofticer completing this certificate verifies only the identity of the individual who signed the document to which this cenifccate is attached. and not the truthfulness. accuracv. or validitv of the document.
ACKNOWLEDGMENT OF PRINCIPAL
State of
County of
On this day of 20 , before me personally appeared
Here inserr Airme and Trtfe of'O,jJ'rccr
who proved tn me on the basis of satisfactory evidence to be the person A'mne ofSigner
whose name is subscribed to the within instrument and ackno vledged to me that he` she executed the same in his,fher authorized capacity, and that by hisfher signature on the instrument the person, or the entity upan behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the faregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signatare of Notary Public
ACKNOWLEDGMENT OF SURETY
State of Oklahoma
County of Oklahoma
On this 24'' day of March, 2022 be1'ore me personally come( s) Kenneth D. Whittington, Attorney in- Fact of Granite Re, lnc. dba Granite Surety Insurance Company+ vith whom l am persanally acquainted, and who, being by me duly sworn, says that he reside( s) in Oklahoma City, Oklahama that he is the Attomey in Fact of Granite Re, ( nc. dba Granite Surety Insurance Company, the company described in and which executed the within instrument; that he know( s} the corporate seal of sach Company; and that the seal affixed to the within instrument is such corporate seal and that it was at ixed by order of the Board of Directars of said company, and he signed said instrument as Attomey( s)- in- Fact of the said Company by like order. ti ii
N A. q ,,
Ko F C"--- S'...._....
P °'•.,
1{ iisyn J man, No ublic
r # 21008705 ': Z
exP a ra rzs :
y' RY PV.\ G
rl I
cRo- a
GRANI7 RE, INC. DBA GRANITE SUR TY INSURANCE Ct}MPANY
GENERAL PQWER 0F ATfORNEY
Know all Men by these Presents:
That GRANITE RE, INC. OBA GRANITE SUREIY INSURA lCE COMPANY, a carparation arganized and existing under the laws at the State of MINNESOTA and having its principal office at the City af OKLAHQMA CIiY in the State of OKLAHt7MA does hereby constitute and appoint:
KENNETH D. WNITTINGi' ON; KYLE MCOONALD iis true and lawful Attorney- in- Fact( sJ for the fnllowing purposes, to wit:
Ta sign i#s narne as surety to, and ta execute, seai and acknawiQdge any and a! I bands, and to respectively do and perform any and all acts and things set forth n the resolutian of the Board af Directors of the said GRANI' tE RE, NC. 08A GFiAN1TE SURETY INSURANCE COMPANY a certified capy of which is hereto annexed and made a part of this Power af Attorney; and the said GRANJTE RE, WC, DBA GRANlTE 5UREfY INSURANGE COMPANY through us, its Board of Directors, hereby ratifies and confirrt s all and whatsoever the said:
KENN TH D. WHITi' INGTON; KYLE MCDONALD may lawfupy do in the premises by virtue of these presents.
In Witness Whereof, the said GRANfTE itE, INC. DBA GRANITE SIJRETY INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures af its President and Assistant Secretary, this 3rd day of lanuary, 2020.
T7" y+,+.
s nL
Kenneth[. Wh'stti on, President
STAl' E OF OKIAHOMA } r
SS:
COt1NTY OF OKlAHOMA } 1Cyl . McDonaid, Assistant Secretary On this 3 day of lanuary, 2020, before me persanaily came Kenneth D. Whittingtan, President of the RANITE RE, INC. OBA GRANITE SUREi' 1' INSURANCE COMPANY and Kyle P. McClonald, Assistant Setretary of said Company, with boti nf whom t am persanally acquainted, wha being by me severally duly sworn, said, ihat they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the Presicfent and tF e Assistant Secretary af GRANIT RE, INC. DBA GRANIT SUREiY INSURANCE COMPANY, Ehe eorporation described in and which execut d the foregoing Power of Attomey; that they each knew the seal of said torporation; that the seal affixed to said Power of Attorney was such corporate seaE, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by ike order as President and Assistant Secretary, respectively, ofthe Company. rt „,,,'
My Commissian Expires: y`','
April 21, 2023 Natary Public
Cammission#; 11t a3620 a,,,,
r,+c,'' a
GRANITE RE, INC.
Certificate
THE UNDERSlGNEO, befng tf e duly elected and acting Assistant Secretary of GRAlVITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, a Minne$ata Corporation, HEREBY CERTIFIES that the foUawing resofution is a true and correct excerpt from the July 15, 1987, minutes of tF e meeting of the eoard of Qirectars of GRANITE RE, INC. DBA GRANITE SURETY INSURANC COMPA lY and that said Power of Attorney has not been revaked and is now in fup force and effect.
RESQLVED, that the President, any Vte President, the Assistant Secretary, and any Assistant Vice PreSident shafl each have authority to appoint individual5 as attorneys-in-fact or under other appropriate titfes with authority to execute on behalf of the company fidelity and surety bonds and ather do uments af similar charatter issued by the Company in the conrse oF its bus( ness.
On any instrumenE making or evidenting such appointment, the signatures may be a xed by facsimile. On any instrument tonferring such authority or an any bond or undertaking of the Campany, the seal, or a fatsirnifexhereof, may be impressed ar affixed' ar in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
N Wli' NE55 WHEREOF, the undersigned has subscri ie this Certificate and affixed the carporate seal af the Corporation this March 24 , 2422 ,
S..,
t /''
ytI
Kyle P. McDonald, Assistant Se retary
GR-00( GA} Ed 01- 22
j .
SECTION 00300
CRICKET PITCH— 180Q1 COA1 IERCI: IL S' t' RE: E7'
CL PCG IYFQR f; 1L BID SOLICI7' AT101 B[ PROI' OSr L FOK 1S NONCOLLUSiON AFFIDAVIT
STATE OF
ss.
COUNTY OF
Jaime (. Alvarado , being first duly sworn, deposes and says that he or she is stimalor/ Project Manager f Wesiside Landscape& Concrete, inc. the party making tlle foregaing 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 not directly or indirectly cofluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyonc shall refrain 1rom bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or of' that af any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, furtf er, that the bidder has not, directly or indirectly, submitted his or her bid price o any breafcdown thereof, or the contents thereof. or divul; ed information or data relative tliereto, or paid, and wil! not pay, any fee to any corporation, partnership. company associated, r anizalion, bid depasitory, or to any member or agent thereof to effectuate a Ilu ive o ham i Si na e of; President. Secretary,
Manager, Project Manager or Representative
The Caunty of. r.'.-'-•-
State of../. 7Z.c-C, ' ____
Subscribed aud..s.uFac 1e{ or aFfirmed) beFore me
on th is,;„ day of,"_'_J`t',r.,,, .d11 20 r.-- by
dctF!- '. f, , proved to
e on the basis of satisfactory evidence to be dle
Y`',`" i4 ,{ w.-''
person( s) who appeared before me.
Seal
Signature
0030a- 8
CALf QRNIA JUFtAi' GC?V RNMEN7 Ct L E § 8202
notary public Qr other offiicer completing this certificate verifies only the icten#i# y of# h individuai vht signed the docurnent to wh':ch this certificate is attached, and not ihe iruthfuiness, acc racy, or vslidity af that dc cume t.
State of California
C untyof , o„
i..
Subscribed and swam to( or a rmeci} before me on
this day of_ 0, by
Oate Month Year
CARAIEN D. ANAYA 1}
Notary Pub tic- Ca tornia
SUnisEaus County
Lommluioat 4 2371644
e-•'` My Comm. Oires Au; 2!. 2015 and( 2)
Name(s) of Signer(s)
proved to me on the basis o# satfsfaciary evidence to
be the persort j who appeared before me.
Signature
Ffoce Notary Seal and/ ar Stamp Above Srgnature of Notary Publrc UP" 1{) t IAL
Cor»pleting this infarmcrtion can d ter rrlteraf+on of the documen; or frouduteni reattachment t; this form ic an unintendec! dacument.
Description of Aitached Documeni
Title ar 1' ye of Dacument: 9-'`
Oocument Date: _, 1,,., Number o# Pages:,,_,..:,„
Signer( s} Qther Than Nerned Above:
f$ i 1: 4 t. CF.s kl 4 F _, "' 4' .:'. 3fi h. l" k F . ft it3 2Q19 tVatianai fvotery Assoc+aiian
SECTION 0030( l
cu c: hr r• rcti- it a cc ti1:`.« c. i. s: E: r
CUPCC: 1r1 Ii1FOE2 1: 11. B[ t) SOL[ CIl"ATl4; ti f#li) 1' ROl' 05:11. NOI2JlS PUI3LIC COIVTRACT COi} E SECTION Itllfi2 QUESTid1VNAIRE ln accorda ice ivith Public Contract Codc Section 10162, the E3idder st all comple[ e, under penalty of erjury, thc following quescionnaire:
Has tl e Bidder, any off ccr af the Sidder, ar any employee of the BidcEer, vl o lias a praprietary interest in the Bidder, ever bcen disqualified, removed, or othenvise prevented from bidc ing an, or completing a federal, state, or local avernment prajecc because of a violacian af lativ or a safety re; ulation? Yes No
If' the answ r is yes, explain the circun stances in titie following space.
PUBLtC COtVTRACT SECTION 10? 32 STATEMENT
n accordance with Public Contract Code Section 10? 3?, thc Contractar herchy statcs undcr penalty of perjury, that na more tl a one fina{ una peala le f i din; of cc ntempt of court by a federa{ court has been issued against the Contractor vit}un thi imrnediatel} preceding itivo ycar period becausc of' the Contractor' s failure to camply witf an order ai' a federal court tivfiich ord. rs the Coniractor to com ly with an arder ofthe National Labor ReEaiions 13aard. i 10TE; The abave Statemeni and Questionnairc are part of the Propc sal. SiLnin this proposal on the signaturc pcsrtian thercof shal) also constitute si; nature ofd is Statement and Questionnairc.
Bidde.rs are c; autioned that making a false certification may subject the ccrtifier to criminal prosecution.
ND OF SECTION)
00360- 9