2022-05-16_item_5.5_review_and_provide_direction_on_design_for_mossdale_roundabout_improvements_cip_ps_22-41

ITEM 5. 5

CITY MANAGER' S REPORT
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
ITEM: RECEIVE UPDATE AND PROVIDE DIRECTION FOR CIP
PS 22- 41 MOSSDALE ROUNDABOUTS

IMPROVEMENTS
RECOMMENDATION: Councii to Receive Update and Adopt Resolution Approving the Creation of Capital Improvement
Project PS 22- 41 Mossdale Roundabouts
Improvements, Awarding a Construction Contract
with FBD Vanguard Construction, Inc., and
Approving Related Budget Amendment
SUMMARY:

On December 13, 2021, City Council requested for staff to evaluate improvements to the Towne Centre Drive and McKee Boulevard roundabout and the Brookhurst Boulevard and Golden Spike Trail roundabout located near the Mossdale Elementary School. On January 10, 2022, staff presented multiple improvement options for which Council elected the installation of splitter islands with the future consideration of Rectangular Rapid Flashing Beacons ( RRFBs).

The Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements proposes to construct new splitter islands, install new curb ramps, resurface both intersections, restripe all crosswalks and enhance existing signage.

Staff prepared the specifications and improvement plans that were advertised for formal bid on April 15, 2022 in accordance with California Public Contract Code ( PCC) and Lathrop Municipal Code ( LMC).

A total of two ( 2) bids were received and opened by City Clerk on May 5, 2022. Based on review and evaluation of the bids, the lowest responsive and responsible bidder was determined to be FBD Vanguard Construction, Inc. ( FBD Vanguard) with a bid of 971, 442.

Staff is requesting that City Council approve the creation of Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements and award a construction contract to FBD Vanguard Construction, Inc. for construction of the project in the amount of $971, 442 plus a 10% construction contingency in the amount of $97, 144 for a total cost not to exceed $ 1, 068, 600.

Staff is also requesting City Council approve a related budget amendment transferring $ 1, 105, 000 from the TDA- LTF Street & Roads Fund ( 2140) to the CIP Project Fund ( 3310) to support the construction costs including additional construction inspection services.

CITY MANAGER' S REPORT PAGE 2
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
RECEIVE UPDATE AND PROVIDE DIRECTION FOR CIP PS 22- 41 MOSSDALE

ROUNDABOUTSIMPROVEMENTS
BACKGROUND:

The CIP PS 22- 41 Mossdale Roundabouts Improvements proposes to construct new splitter islands, install new curb ramps, resurface both intersections, restripe all crosswalks and enhance existing signage.

Referencing the California Manual on Uniform Traffic Control Devices ( MUTCD), staff prepared the specifications and improvement plans that were advertised for formal bid on April 15, 2022, in accordance with CA PCC 22032 and LMC 2. 36. 060. A total of two ( 2) bids were received, all determined to be responsive and responsible. The bid results are summarized in Table 1 below:

Tab/e I: Summary of Bid Results
Contractor Total Bid
FBD Van uard Construction, Inc. 971, 442
United Pavement Maintenance 1, 175, 844
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is FBD Vanguard Construction, Inc. Staff requests City Council adopt a resolution awarding a construction contract to FBD Vanguard for the amount of $ 971, 442. Staff also requests City Council authorize a 10% construction contingency of $ 97, 144, and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 1, 068, 600.

For safety purposes, the project will need to be completed before the Mossdale Elementary School students return to session on August 4, 2022. To meet this strict construction schedule and to provide assistance to City' s Construction Inspectors, the City reached out to TRC Engineers, Inc. ( TRC) to perform part-time inspection services. TRC has provided a proposal ( Attachment D) for their construction inspection services totaling $ 35, 011.

REASON FOR RECOMMENDATION:

The creation of a CIP is needed in order to allocate funds and move forward with the construction of improvements to the existing Mossdale roundabouts. The proposed project will install splitter islands at all approaches to enhance visibility and provide refuge for pedestrians when crossing, assist in controlling speeds, guide traffic into the roundabout, and physically separate entering and exiting traffic streams.

CITY MANAGER' S REPORT PAGE 3
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
RECEIVE UPDATE AND PROVIDE DIRECTION FOR CIP PS 22- 41 MOSSDALE

ROUNDABOUTSIMPROVEMENTS
FISCAL IMPACT:

Funding for this proposed project is available within the TDA- LTF Street & Roads Fund 2140). Staff requests City Council approve a related budget amendment to transfer 1, 105, 000 from the TDA- LTF Street & Roads Fund ( 2140) to the CIP Project Fund 3310) as follows:

A. Resolution Approving the Creation of Capital Improvement Project PS 22- 41 Mossdale Roundabouts Improvements, Awarding a Construction Contract with FBD Vanguard Construction, Inc., and Approving Related Budget Amendment B. Construction Contract with FBD Vanguard Construction, Inc. for CIP PS 22- 41 Mossdale Roundabouts Improvements
C. Project Location Map for CIP PS 22- 41 Mossdale Roundabouts Improvements D. Proposal from TRC Engineers, Inc. for Part- time Construction Inspection Services
CITY MANAGER' S REPORT PAGE 4
MAY 16, 2022 CITY COUNCIL SPECIAL MEETING
RECEIVE UPDATE AND PROVIDE DIRECTION FOR CIP PS 22- 41 MOSSDALE

ROUNDABOUTSIMPROVEMENTS
APPROVALS:
10 - 30'
Ange arca Date
Assistant Engineer
S- t- ZoZZ
Michael King Date
Director of Public Works
s/ o- 2z
Glenn Gebhardt Date
City Engineer
z
Cari Jam Date
Director Finance
LoLt
Salvador Navarrete Date
City Attorney
FoR S- io- ZOZz
Stephen J. a vatore Date
City Manager
RESOLUTION NO. 22 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CREATION OF CAPITAL IMPROVEMENT PROJECT PS 22- 41

MOSSDALE ROUNDABOUTS IMPROVEMENTS, AWARDING A CONSTRUCTION CONTRACT WITH FBD VANGUARD CONSTRUCTION, INC., AND APPROVING

RELATED BUDGET AMENDMENT
WHEREAS, on December 13, 2021, City Council requested for staff to evaluate improvements to the Towne Centre Drive and McKee Boulevard roundabout and the Brookhurst Boulevard and Golden Spike Trail roundabout located near the Mossdale Elementary School; and
WHEREAS, on January 10, 2022, staff presented multiple improvement options for which Council elected the installation of splitter islands with the future consideration of Rectangular Rapid Flashing Beacons ( RRFBs); and WHEREAS, the Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements proposes to construct new splitter islands, install new curb ramps, resurface both intersections, restripe all crosswalks and enhance existing signage; and
WHEREAS, referencing the California Manual on Uniform Traffic Control Devices ( MUTCD), staff prepared the specifications and improvement plans that were advertised for formal bid on April 15, 2022 in accordance with California Public Contract Code ( PCC) and Lathrop Municipal Code ( LMC); and WHEREAS, a total of two ( 2) bids were received and opened by City Clerk on May 5, 2022; and
WHEREAS, based on review and evaluation of the bids, the lowest responsive and responsible bidder was determined to be FBD Vanguard Construction, Inc. ( FBD Vanguard) with a bid of $ 971, 442; and WHEREAS, staff is requesting that City Council approve the creation of CIP PS 22- 41 Mossdale Roundabouts Improvements and award a construction contract to FBD Vanguard for construction of the proposed project in the amount of 971, 442 plus a 10% construction contingency in the amount of $ 97, 144 for a total cost not to exceed $ 1, 068, 600; and
WHEREAS, for safety purposes, the project will need to be completed before the Mossdale Elementary School students return to session on August 4, 2022. To meet this strict construction schedule and to provide assistance to City' s Construction Inspectors, the City reached out to TRC Engineers, Inc. ( TRC) to perform part-time inspection services. TRC has provided a proposal for their construction inspection services totaling $ 35, 011; and WHEREAS, to support the construction costs, staff is also requesting City Council approve a related budget amendment transferring funds from the TDA- LTF Street & Roads Fund ( 2140) to the CIP Project Fund ( 3310) as following:

Increase Transfer Out
2140- 9900- 990- 9010 1, 105, 000
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 41 1, 105, 000
Increase Appropriation
3310- 8000- 420- 1200 PS 22- 41 1, 105, 000
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the creation of Capital Improvement Project ( CIP) PS 22- 41 Mossdale Roundabouts Improvements and award a construction contract to FBD Vanguard Construction, Inc. for construction of the proposed project in the amount of $ 971, 442 plus a 10% construction contingency in the amount of $ 97, 144 for a total cost not to exceed $ 1, 068, 600, 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 does hereby approve a related budget amendment transferring $ 1, 105, 000 from the TDA- LTF Street & Roads Fund ( 2140) to the CIP Project Fund ( 3310) to support the project construction costs including additional construction inspection services.

The foregoing resolution was passed and adopted this 16th day of May 2022, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney

ATTACHMENT B
SECTION 00500

MOSSDALE ROUNDABOUTS IMPROVEMENTS CONTRACT
CIP PS 22- 41

CONTRACT
This Contract, dated May 16, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and FBD Vanguard Construction, 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 Mossdale Roundabouts Improvements, CIP PS 22- 41 ( Project). Contractor shall furnish ] abor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:

The work to be perfarmed under this contract includes all wark contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to: demolition of concrete and asphalt paving; construction of concrete curb & gutter, ADA pedestrian ramps, median apron and raised splitter islands; application of slurry seal, microsurfacing, and colored polymer surfacing; and removal and installation of signage, striping, markings and pavement markers.

The work shall be completed within 35 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: 971, 442 ( Nine Hundred Seventy- One Thousand Four Hundred Forty- Two 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 FBD Vanguard Construction, Inc. on May 5, 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.

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 00500- 1
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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. Contractar 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 ofthe Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, ar 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 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. Contractar 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 00500- 2
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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 Wark by the Contractor and all Subcontractars 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 ongoing obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractars, 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) Contractar 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 proposals for the Work ar 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 Labar Code Section 1771. 1( c)( 3) and/ or Labor Code Section 177]. 1( d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractar 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; ar( ii) to disburse any portion of the Contract Price to the Contractor. The Contractor shall demonstrate strict compliance with CPR preparation and submitta] requirements by delivery to the 00500- 3
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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 Labar 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: 1NSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, warker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payrol] 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 autharized 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 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 recards 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. 00500- 4
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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 ar 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 compliance is effectuated. Upon the request of the Division of Apprenticeship Standards ar 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 Contractar.

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:

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 Substantia] 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;
00500- 5
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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 perfarmed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; 8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 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 ofthe physical conditions of the Project site.

12. Assi nment. This Contract and the perfarmance 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 Contractar in accordance with the General Conditions.

14. Audits bv CitX. During the term of this Contract and far a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project- related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.

15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance 00500- 6
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with ( 1), ( 2) or ( 3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
To City: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7430
FAX: ( 209) 94l- 7449
ATTN: Senior Construction Manager
To Contractor: FBD Vanguard Construction, Inc.

Mailing Address: 550 Greenville Road, Livermore, CA 94550 Phone: 925) 245- 1300
Email:

ATTN:

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 ar failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority.
6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred 00500- 7
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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 parries 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 ar other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any carporate or partnership resolution ar 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 ali 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 perfarmed shall be computed by excluding the first Day and including the] ast. 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. l6) 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 ar in the United States District Court far the Eastern District of California. 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party. 00500- 8
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CIP PS 22- 41
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) Contractars 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 Contractar shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City.
2l) 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 Contractar 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 projecr Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to carnply 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, perfarmance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
00500- 9
SECTION 00500

MOSSDALE ROUNDABOUTS IMPROVEMENTS CONTRACT
CIP PS 22- 41
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:
gy: S- _ zo i. ZSalvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Public Works Director
APPROVED:

By:

Stephen J. Salvatore, City Manager

END OF SECTION)
00500- 10

EXHIBIT A
ECTION 0030Q
biOSSDALE
CIP PS 22- 41
ROUNDABQUT IM1tPROVEMENTS BID PROPOSAL FORMS OpY

BID PROPQSAL FORMS
T(3: City of Lathrop
390 Towne Centre Drive
Lathrog, CA 95334
ATTENTION: City Cierk
FfJR. MOSSDALE ROUNDABQUT IMPRUVEMENTS, C1P PS 22- 4I
THE UNDERSIGNED, AS BiDDER, HEREBY AGREES AND DECLARES THAT:

LEGAL CQMPLIANCE
The onIy persans ar parties interested in this Bid as Pnncipals are thosc named herein; that this Bid is made without collusian with any other person, firm, partnership, corpomtitan, or association; that he has carefully examined the location ofthe proposcd work and thc Cvnstruction Docurnents; and he propases and agrees that ifthis Bid is accepted he will contract with the City af Lathrop, in the forr of the Contract as set forth in thc Canstruction I7ocuments for said pmject, to pmvide all the nccessary labor, services, materials, and equipment, and to do all ihe work and furnisEi all thc materials; and that he will accept in full payment therefore the price as propased in the following Bid Schedule.

SCHEDULE OF PRICES
Ali applicabte permit fees, licensing costs, sales taxes, State, and/ or ederal, and any othcr taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.

BASIS OF AV4' ARD
The basis for award of the contract will be tfie tatal price of tl e basc bid. The City af Lathrop reserves the right to award the work contemplated by only the Base Bid or none of the vork. 00304- 1

ATTAC MENT A
MOSSDALE ROLTNDABOUT IMPROYEMENTS, CIP PS 22- 41

REVISED BID SCHEDULE
B
DESCRIPTiON UANTITY UNITS

IT EXTENDED
ITEM Q

PRICE TOTAL
1 Mobilization/ Bonds/ Insurance LS go, 90 OpC
2 Traffic Control LS 1 t t} q5 1 tQ'-
3 Erosion and Sediment Control Plan( ESCP) LS 1 ppp + OQCj Sawcut i Remove! Dispose of Existing PCC
4 F[atwork( Apron/ 12 RampsJSidewatk for SF 6, 79 S Q SQ New Ram s)
5 Sawcut/ Remove/ Dispose of Existing HMA SF 3000 p 30 OO Q 6 Sawcut/ Remove/ Dispose ofExisring Curb
Gutter F 28a 2' } 5
Remove Existing Thermaplastic Markings
and Stri in L I
ypU S 0
8 Remove Existing Landscape( Cut and Cap
Irri tion
SF 6,750 2, t'?j
y 50(
RRe cnonstruct PCC Sidewalk at Removed
SF 1, 510 O C 0
1 10 Construct PCC Curb Ramps w/ Truncated
Dome Mat 12 50U '`
i
QCId
11 R8
struct PCC Curb/ Gutter, City Std. Detail
L Zgp S3 Z,3t
2 O
12 Construct PCC Splitter Islands with City Std,
Detail R- 11 T e C Curb 3, a O 2 2` 80
13 Construct PCC Center Aprans @ 8" Depth SF 4,050 32 q a 0 14 Patch Back AC SF 340 „ 5 S 0 V
15 Place Type II Microsurfacing SF 15, 000 1 . 7j 21 SQ 16 i
Thermoplastic Striping- Caltrans Std, Pln.

A20, Detai125 LF 1, 460 1- tD0 2 3 p
18 Thermoplastic Striping- Caltrans Std. Pln.

A20, Detai127B F 195 O 21. C
19 Thermoplastic Striping- Caltrans Std. Pln.

A20, Detai138 L 460 2,} 1
f
2,
20 Thermoplastic Striping- Caltrans Std. Pln.

A20, Detai140 O 8
LF 128
2l
Thermoplastic Striping- 8" White Line
Hatchin LF 260 . aQ i..ay
22 Thermoplastic Yield Line LF 1 l4 2 •Z,. 2' Z
23 Paint Curb Red LF 760 2.( ,' Z„

ATTACHMENT A
24 Install Thermoplastic Continental Crosswalk
wl 2' Run EA g 3& „ , s& 4' S acin
25 Thertnoplastic Sharrows EA 24 22 Z Z$+
26 ConcretePolymerTopping 3F 4, OOQ ut, tpQ
TOTAL BA5E BID: I' y- • 3
iN u ND SEv c C- a uoust Jo
TOTAL BASE BID IN WORDS: Ol Ctr 1r# UINOt Gd 1 tV11 Y" 1— 1Nfi) I IJ!(. S
A• O ' ClarltL'C{ ' cl$.

SECTION 00300
MOSSbAi, E ROUNDABOUT IMP1tQVEMEN7' S HID PROPOSAL FORMS GtP PS 22- 41

INFQRMATIUN REOUIRED QF BIDDER
The Bidd r( Contractor) shall furnish the folIowing information. This information is considercd essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful stt dy of inethods applicable to the work and full realizatic n af the various factars which may affect t e progress of ihe work. Failure tu comn v with this req.uirement may render the Bid non re ponsivc and mav cau e its rcjection Additional shects shall be attached as required.

BIDDFR' S INFORMATIQN
1} Bidder' s pame and address:

FBD Vanguard Ca struction, 1nc.
550 Greenville Road
Livermore, CA 94550
2) Bidder' s telephone number; 25-245- 1300
3) Bidder' s fax number: 925- 245- 1007
4) Bidder' s Contractor' s License( Class): A, B. C- 8
License Nc.: 833032
Expires: 42/ 2912024
5) Persan who inspectcd site of proposed work for Contractor' s ftrm:

Na; Mareus Hanson Date ofInspeetian: 04/27/2022
5) List 3 prajects of a nature simitar to this pmject:

Project Contract Name, Address and
Frice Tele hane Nurnber of Owner
S ATi' A HEDPAOJECT FiEFERENCES
003dD- 4
SECTION 00300
MOSSDALE ROUIVDAB U? lMPROVEM rTS 8! D PROPUSAL FORMS
CIP P5 - 4
LIST F SU CO T TORS:

Thc Bidder shaU list bclow the name and business address of each subcontracior who wili perform work under this Bid in excess of one-half of one peccent ofthe Contractor' s Total Bid Price, and shatl also lisi t e portion of thc WORK which will be done by such subcontractor, in accardance wikh Section 4107 f the Public Contract Code. After the opening af bids, na ctianges or substitutions will be alIowed excepE as otherwise provided by law. The listing af more than one subcontracior for cach item ofwork to be performed with the wvrds" and/or" wilt not be permitted.

Failure to comply with this reguirement may render the Bid non-responsive and may cause its rejection. Should thc Contractor provide a bid that docs not require a subcontractor, the Contractor shall nato that on this page by writing" Not Applicable" in the list below.

Snbcontractor
License Perccnt of
i
r.ctA- Sut P aGu c y32 ao y. oC K.toe 1. 1 .( Q /. : o. e x to co uriio G( Ga,qysg-.

2. Pi G
3'}` oo i 2 . t5 '• c. t1iSQ o
n r{
n.E''' C, CAg`t 39
Tcux ias

3. StiCirts 523- a, 2.°1 '/ sr sA Erl c.

Loo c g51yo
a.
s.

6. Note: Attach additional sheets ifrequired.
oa3oo- s
SECTION 0030D
hiOSSDAC, ROUNDABOUT IMPROVEMEIV? S
8ID PROPOSAL FQRbiS
CIA PS - 41

ADDENDA
Bidder certifies he reviewed A.RC Stocktan' s Plan Well for addenda within 48 haurs of bid opening and acknowledges receipt af the following addendum( addenda):

Respactfuliy submitted,
S' Z
FBD Vanguard Consiruction, Inc.

Dated Legal Name of Firm
o, i' resident
Sigr aturc of uthflrizcd Rcprescntativc
Seal}
IfBidder is a corporation, show Statc in which incorporatcd.) A Califomia Co poration
The full names and post office addresses of all persons and parties interestcd ia the foregoing Bid as princigals are as follows:

N4TICE): Give first and tast names in fuIl; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case ofpartnerships and joint ventures, give names and Past Office sddresses of all the individual membcrs.

FBD V n rd Construction Inc.

Billie Sposeto, President- 558 Greenvi[te Road, Livermore, CA 9455U Dominic Sposeto, CEO- 550 Greenville Road, Livermore, CA 94550 Barbara Welch, CFO& Secretary - 550 Greenvitfe Road, Livermore, CA 94550 00300- 6
k
SECTION 00300
MOSSpALE RQLaNDABOUT IbIPROV 11iENfS BII) PROPOSAL FOR11lS CIP PS 22. 41
B[ DDER' S BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT WE FBD Vanguard Constructian, Inc.
as PRINC[ PAL, and Travel rs Casual and uret Cam of America as SURETY are held; and firmly bond unta the City of Lathrop in the pena! sum of TEN PEItCENT ( 10%} OF THE TOTAL AM4UNT OF THE BID af the Principal above named, submitted by the Principal to the City of Lathrop far the work described betow, for the payment of vhich sum in[ awful money ofthe United States, well and tru[ y to be made to the City of Lathrop to which thc bid wns submitted, we bind ourselves, our heirs, executors, administratocs and successors, jointly and scveralfy, ftrntly by those presents. In na case shall the ( iabiliry of the surety 6ereunder exceed the sum of$ Ten Percent of Amount Bid ( 10°!0) THE CUI IDITION OF THIS OBL[ GAT[ ON IS SUCH,
THAT, WHEREAS, the Principaf has submitted the above mentianed bid to the City af Lathrop far certain construction specifcally described as follows, for w ich bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, CA: Mossdale Roundabout Improvements, CI P PS 22- 41.

NOW. THEREFORE, if the Principal is awarded the contract attd within the time and manner required under the specifications, after the prescribed farms are presented to him for signature enters into a written eontract in the prescribed Form, in accordnnce with the bid, and fites two bonds with the City, onc to guarantee faithfui performance, and the other to guarantee paymcnt for labor and materiafs as required by Eaw, then this ob( igation shall be nuf[ and void; otherwise, it shall be and remain in full force.

N WITNESS WHEREUF, wc havc hcrcunto sct our hands and scals on this 27th day of nril 2022.

FBD Van U St CtlO, f1C. ($ j) Travelers Casu i and Su m • rt of Am nca ( SeBI} S I) Seat)
Steven N Passerine, Attorney- In-Facl
Address: 550 Greenville Raad Address: 100 Califarnia Street, Ste 300 Livermore, CA 94550 San Francisco, CA 941 i 1
NOTE: Signatures of tbosc cxccuting for thc surcty must bc properly acknowlcd cd. t} t}3U()- 7
CALIFORNIA AI. 1.- PURPOSE ACKNOWl, EDGMENT CIVtL GODE§ i 189 A notary pub c or other o icer completing th s cer flcafe ve ifies onty the identity of the dlvEdual who stgned the document to wh ch Ehis certificate is attached, anr! nnt the tn thfuhess, acc: utacy or va dity of that docuroent, State of Califomia
County af Contra Costa
On April 27, 2022 beforeme AnibalSamuelCampos, NotaryPublic Dafe Nere lnsert Name and Titte of fhe Olflcer
personatly appeared Steven N. Passerine
Name(s} af Signer{s}
who proved to ma on # he basis of satisfactory evidence to be ti e person( s) whose name(s} is/ are subscribed to the withi instrument and owiedyed ta ct e that he/ she/they exeauted the seme in hlsli er/their authoriied capactty{ es, and lt t by hisJherltheir signature(s)an tf e Instrumertt the per on(s), or the ent3ty upar behalf af whtch the persan( sj acted, executeci the 1r stnamen certify under PENALTY OF PEEiJURY under the laws
of the State of Ca(ifamia that the toregoing paragraph
ts true antf corcect.

AyIBAL SAMLEL UMPOS WITNESB my hand and ofiictal seal,
Nowry Pubdc• Ca ifania =
San Matea County
comnissicn; 239q6oz SignatufB
My tomn. Ex/ i rs Feb 4, 2026
Slgnatu afNotary Publlc
Place Notary Sea! Above

OPTIONAL
Though thls sectlon! s optiona/, completing thFs Informatfon can deferalteratJon of ihe documer t or fiaudulent 1? attachmer t oi this form to an uninter ded document Description of Attached Doctement
Titie or Type of Documen: Document Date•
Number of Pages: Signer(s} Othe Than Named Above:

Capacity( iesj Claimed by Signer( sj
e
Signer' s Name: Signer' s Name:

O Corparate Ofticer— Titte(s}: Carparate O cer-- 3it[e(s): ' O Partner— Umited p Gsnerat D Partner— D L(rnited O General Indiv€duat i Attomey In Fact O lndivldual pAttomey in Faat O Trustee O Gu rd an or Co servator p Trustee Quardian or Conservatar O Other: Other.

Signer Is Representing: Slgner ts Representing:

ZOt4 Natlor l i otary Association• www. Piatia alNotary. o g• 1- 800- US NOTARIf( 1- 800- 876- 6827y Travelers Casualty and Sure#y Casnpany of America
Travelers Casualty an l Surety Company TR// F+L R. st, Paul Fire and Marine insurance Company Pi7WER OF ATTORNEY
KNOW AlL MEN BY TH SE PRESENTS That Travelers Casualty and Surety Company of America, Travelers Casualty and Surery Company, and St.

Paul Fire and Marine Insurance Company are corporatlans duly organized under the laws o( tt e Siate i Connecticut{ herein coliecUvely called the Companies"}, and that the Companies tlo hereby make, constitute and appoint Steven N. Fasserine of San Ramon CalitorNa thefr tn, e and IawFul Attomeyin• Fact tq sign, execute, seai and acknowletige ny and ail bonds, recagnizances, conditionai undertakings and other writings obligatory in the nature thereof on aehaff af the Companies in ihefr business af guaranteeing the fidelity oi persons, guaranteeing the perforrnance oi contracts and executing or guarantesing bands and undertakings required or peRnikted in any aciions or proceedings allowed by law.

IN VYiTNESS WNEREOF, Ihe Companies have caused this instrument to 6e signed, and thefr corporate saals to be heteto atfix d, this 3rd day of February, xn 7. v+'.,. ,,..„,
s ti,*,/ fi
State o1 ConnecUcut
BY ,
City of Hartford ss. Robert L. Raney. Se or ce President On this the 3rd day of February, 2017, before ma personaliy appeared Robert. Raney, wkia ackno+Medged himself to be the Sen3or ce Presftieni of Tra elers Casuaity and Surety Company of Amerlca, Travetars Casualiy and Surefy Company, and S2. Paui Flre and Marine insurance Gompany, and that he, as such, be; ng authorized so to do, executed the toregoing insinsment for the purposes therein contained by signing on behalt ofthe carparations by himself as a duly auihorized officer.

In Wiiness Whetaal, I hereunto sek my hand and o iciat seal. o
My Commission exp6res the 30#h day oF June, 2021 p.,,,. , ,„," Mane C. Tetreauit, Notary Public
fhis Pow r of Attomey is granted under erxi by the a tihority af the following resolutions adopted by the Boards oT Disectors of 7ravelers Casualty and Sureky Company of America, Travelers Casualty and Sure4y Carnpany, and St. Paul Fire and Marine insurance Company, which resotutions are now in fvll force anri e( ied, reading as foilows:

RESO VEO, thai the Chairrnan, ths President, any Vice Chairman, ar y Executive Vice President, any 5enior ce President, any Vice President, any Second ce P esident, the Treasur, any Assistant Treasurer, the CorpQrate Secretary or any Assistant Secretary may appoint Attomeys- fn- Fact and Agents to ad for and on behaii of the Cornpany and may give such appointee such authonty as hls or her certificate oi autharity may prescribe to sign with Ihe Cornpany' s name and seaS with ihe Company" s seal bands, recognizances, contracts of indemnity, and other uritirrgs ot iigalory in the nature of a bond, recognizance, or conditionat undertahing. and any oi said oKce s or the B arzi af plrecto s at any Iime may remove arry such appnintee and revoke Ihe power given him or her; and it is
FllR7'HER RE50lVED, that the Chalrman, the Pres dent, any Vice Chalrman, any Executive Vice Presideni, any Seniar Vice Pres(dent or any Vice President may delegate all or any part of the foregoing authority to one or mose oi cers or employees of this Gompany, prov ded thai each such delegatian is in writing and a copy thereof{ s filed in ihe p ce ai the Secretary, and it is FURTHER RE50lVED, that any bond, ecagnizance, coniract ot ndemn'sty, or wriiing obligatory in the nature of a bond, recognizance, or conditiona undertak( ng shail be valid and bfnding upon the Campany+r iien{ a} signed by the Presideni, any Vice Chairman, ar y Executive Vice presideM, any 5enior Vice Presidenl or any Vice Preskient, any Second Vice Presiden#, the i'reasurer, any Assistani Treasurer, the Corporate Secretary or any ASsistant SECr8lary and duly aNasied and sealed with Ihe Company' s seal by a 5ecretary ar Assistant Secretary; or( b) duly executed{ under seal, it requ(redj by one or more Attarneys- in-Fact and Agsnfs pursuant to the pflwer prescribed in his or her certif:cate rx their certificates of authority or by one or more Gompany officers pursuant to a writian de?egatian of au#h4rsiy; and ii is FUR' f'NER RE3flLVE0, thai the signature ot each of 1he follov ing o icers President, any Executive Vice Presideni, any Senior Vice Rresident, any ce Presfde t, any Assistant Vice President, any Secretary, any P,ssistant Secretary, and ih$ seal oi the Company may be affixed by fac.simile to any Power of Attomey or to any certificafe telaiing thereta appoinling Resideni Vics Presidents, Resislent Asslstant Secretaries or Attomeys-in Fact for purposes oniy of executing and atSesitng bonds and undertakings and ather writings obtigatory in ttre natute thereof, and any such Parver of Attorney or certificate beanng such farsimite signature nr tacsimile seal shafi be valid and binding upon the Com any and any such pawer so execuieti and certified by such facsimile signature and facsimile seal shati be valid and btnding on the Canpany in the future with respect to any bond ar understanding to which it is attached_ 1, Kevin E. Hughes, the understgned, Ass stant Secretary at irave[ ers Casuatry and Surety Company af America, Travelers Casualty and Surery Company, and Si. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregafng is a true and ca rect copy oi the Power of Attnmey executed by sefd Compani s, wtrich remains in tull force and eFfeci.

Dated this 27th day nF April 2Q22
ps t
ry, tti r a,
ya
yi
O SS
r
ti. . ..

Kevin E. Hughes, Assi tanl Secretary
To veriTy the authendrrty ofdrJs Pawer ofAttvrney,please ra11 us at 1-BQO-421-3880, P/rase rrfer ta the above-named AttvrneyIn- Pactand dre detafls aftl e bond t» rvhfch the power is ahFarhed SECTION 00300
MOSSDALE RQUNDABOUT IMPROVEMENTS B[ D PROPO5A[. FORMS
C 4

NONCOLLUSIQN AFFIDAVIT

STATE OF
ss.

COUNTY QF
Billie S seto being ftrst duly sworn, deposes and says that he or she is President of FSQ var uard Construction, nc. thc party cnaking thc foregoing bid that the bid is nat made in the interest of, or on behelf of, any undisclosed person, partncrship, company, associatian, organization, or corparation; that the bid is genuine and not collusivc or sham; that the bidder has not directly or indirectly induced or salicited any other bidder to put in a false or sham bid, and has not dirtctly ar indirectly colluded, conspired, cannived, ar agrecd with any bidder ar anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder hss not in any manner, direcdy or indirectly, sought by agreemcnt, communicatian, or conference with anyone to fix thc bid pric of the biddcr or any other bidder, or of that ofany other bidder, or to secure any advantagc against the public body awarding the contract of anyone interested in ihe proposed cantract; that all statements contained in the bid are true; and, further, that the bidder 6as aot, d'urctly or indirectly, submitted his or her bid price or any brealcdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, paRnership, company associated, arganization, bid depository, or to any member or agent thereof to effcctuate a collusive or sham id.

Signature of: President, ecretary,
Manager, Projec anager or Representativc
The County af
State f
Subscribe d swom ta( or affirmed) before me
on this da of_ 20 , by
proved to SEE A7TACHED NOTARY
me on the basis of satisfacE evideace to be the
person( s) who appeared before e.

Seal
5ignature
U0300- 8
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§' 1189
A notary pubiic or otherofficercompleting this certificateverifies only the identityr ofthe individuai who s gned the document to which this certificaEe is attached, and not the truthfulness, accuracy, or valid'ity of that document State of California 1
Caunty of Aiameda j
On May 3 - 22 before me, Nicole Ferran, Notary Public
Aute Here lnsert Name ond Title of the Officer
personaUy appeared
Billie Sposeta
Name of Signer
who proved to me on the basis of satisfactory evidence to be the person( s} whose name( si istare subscrfbed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ thelr authorized capacity(ies), and ihat by his/ her/thelr signature( s} on the instrument the person( s), or the entity upon behalf of which the person(s} acted, executed the fnstrumenE. 1 certify ur der PENALTY OF PERJURY under the
dltOlE FERMN laws of the State of California that the foregoing Na, ry Pubuc-[ aatror a paragraph is true and correct.

Attmeda County
Commissfon/ 27399f5 WITNESS my hand and o cfal seal. My Comm. Expires Oec 10, IQ2< Signature ...,._.

Place Notary SeaJ and/ or Sfomp, 4bove Signature Nofary Public OPTtONAL
Completing this information can deter alteration of fhe document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title or Type of Document:

Document Date: Numberof Pages:

Signer(s) Other Than Named Above:

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
o Corporate Officer— Title{s): Corporate Officer— Title( s):

Partner— o Limited General o Partner— a limited General O Individual O Attorney in Fac# o lndividual Attorney in Fact o Trustee o Guardian ar Conservatar 7rustee a Guardian or Conservator o Other: o Other:

Signer is Representing: Signer is Repres2nting:

C J2019 National Notary Assocfation
SECTION 003U0
M05SDALE ROUIVDABOUT IhiPROVEhiENTS Btb PROPUSAL FO1t1 iS CIP' S x2- 41
PUBLIC CONTRACT CODE SECTION 10162 QU STIONNAIRE
In accordance with Public Cantract Code Section 1U162, thc Biddcr shall complete, under penalty of perjury, the fotIowing questiannaire:

Has the Bidder, any afficcr ofthe Bidder, br any emplayee ofthe Bidder, who has a proprictary interest in the Bidder, ever been disqualified, removed, or otherwise grevented from bidding on, or camp eting a federal, state, ar local government project because af a violation of law or a safety regalation? Yes No X
Ifthe answer is yes, explain the circumstances in the following space.

PUBLIC CONTRACT SECTIpN 10232 STATEMENT
In accc rdance with Public Contract Code Sectian 1 t1232, the Contractc r hereby states under penalty of perjury, that no more ihan one final unappealab[ e finding of contempt of court by a fedcral caurt has been issued against the Contractor within the irnmediately preceding two year period because of the Contractar' s failure to camply with an orcfer flf a federal court which orders the Contractor to comply with an order ofthe Natianal Labor Relations$ oard.

NOTE: The above Statement and Questionnaire are part af the Proposal. Signing this proposal on the signature portion thereof shall also cvnstitute signature of this Statement and Questiannaire.

Bidders are cautioned that making a false certification may subject the certifter to criminal prosecutian.

ENl7 pF SECTION
oo3oa- 9
n v v+ u zn cQNs. ucTTaN, nvc,

CERTI' ICATE OF SECRETARY
AS TO Ei,ECTION AUTHORITY OF OFFICERS
Effective August , 2013
Barbara WeIch cerkifies that:

1. She is the Secr tary of PBD Vanguazd Gvnstruction, Inc., a California Corporati n Corporation'.

2. The directt rs ofthe Carpermtion have autharized the foIIpwing resulution in the Action By Writtsn Cansent of the Baard afDirectors ofFBD Van uazd Constnaction, Inc. dated August _ 1, 2013:

Elecdon of Ufficers
RESOLVED, that the fallowing persons are elected ta tbe offces as set forth below to serve until the next annual meeting of the Board ofDirectors, ar until their removal, resignatinn, or death, ar until the electiun d qualification aftheir staccessars, whichever shall irst occur:

President Billie Sposeto
Chief Executiv Qff cer Daminic Sposeta
Chief Fitia.ncial Officer B xbara Welch
Secretary Barbara Welch
There or, it is RESOLVED that the officers of the Carporalion, and each of them, are authorized and directed to execute alI documents an behalf ofthe Corporation.

Dated August l, 2013 By:

Barbara Welch, Secretary

PRO JECT REFERENCES
Project Name Almond Grove Street Reconstruction Phase 1 Cancretey(# 13- 31) Description Remave and Replace PCC& AC Pavement, curb, gutter, sidewalk, driveways, urb ramps and adjusk utilities.

Contract Amount 2, 361,$ 06. 00 VC Jab No. 1159
Owner Tawn of Los Gatos Cantact: Lisa Peterson
110 East Main Streei 4 8- 399-5773
Los Gatos, CA 9503Q
Prcrject Name dhlane ti eenway BART Statian Area Aaess, Safety& Placemaking Improvements( C• 3076Ay
Description Remave and replace with cancrete sidewa( k, curb ramps, asphalt traif, andscap/ irrigatian, electrical, colored concrete paving, signage and striping.

Cantract Amount 3, 287, 480. 95 VC Job No. 1291
Owner City of EI Cerritt Contact: Gerarda Avila
10890 San Pabla Avenue 51Q- 2I5- 4322
El Cerrita, G4 94530
Projett Nam Sidewalk impravements an V[ a Enrtca( 2298) bescription Remove and rep3ace 5idewalk, curb& gutter, retain ng curb, curb ramps, walkway conform, AC, striping, signage, landscape ancE electrical.

Contract Amount 741, 416. 00 VC Job No. 1287
Owner County of Alameda Contact: Vincent Sendaydiego
951 Turner Court 510-670-5771
Hayward, CA 945 5
Project Name Countywide Sidewalk Impror ements Phase 1( 4350) Descriptian Remave and replace sidewalk, curb, gutter, curb ramps, AC pavement, fencing, striping and signs.

Contraet Amount 977, 515. 9 VC 3ob No. 1247
Owner County of Sacramenko Cc ntact: Ali Chehade
970tI Goethe Road 915- 875- 2700
5acramento, CA 95827
Project Name S; dewalEc Etepair PraJect Phase 2{ PWIS31j Description Remove and replace PCC sidewalEc, vertical curb& gutter, driveway apron, rolled curb& gutter, AC pavement, and curb rarnp installatian
Contract Amount 774, 554, 00 VC 1ob No. I3I0
Owner City of Siockton Contact: Thinh Phan
1465 South Lincotn Street 209- 937- 8885
Stockton, CA 95206
Project Narn Caitrans Contract# 03- 1G2804 Route 8fl Citrus H+ ights pescription install Rapid Set Individual Slab Replacement and madify electrica0 systems.

Cantract Arnauni $ 1, 274, 655. 00 VClab No, 14C? 2
Owner Califarnia Dept. of Transportation Cont ct: Sushma Lee 1727 344h Street 916- 2 3- 4926
5acramento, CA 5816
Prctj ct Name Sidewalk, Curb, and Gutter Repair Program Y 2018- 19 Sg14ProJect No, RW1825) PteQ Remove and replace PCC sidewalk, v rtica) curb& gutter, rolle curb& gutter, driveway apran and a5phait concrete pavement
Ccrntract Amount $ 1, 322, 580, 0 VC Job No. 1G57
Owner City of Stockton Cantact: Thinh Phan
1465 Sauth inc ln Street 209- 37- 8885
Stocktor, CA 952Q6
Project Name Side valk Accessibitity lmprovements 2019- 2020 E3escription Repair asphalt concre# e pavement, modify curb rarrips, reset roads6de signs, clear& grub, install curb, gutter, siderrralk, and dst ctable wamin; surfaces.

Contract Amounfi $ 594, 139. G VC Job No, 1486
C wner Covnty of San Joaqu' sn Cantact; Emmanu l Salcedo 44 N. San laaquin 5t, Ste 679 pg. q 8. 3
Stoeicton, CA 95202
Praject Narne Gt29 AUA Curb Ramps
Description Clear& Grub, remove and replace storm drain systern, turb rarrip curb& gutfier, sidewalk, hot enix asphalt, and retrofit existing ApA curb rarrip, Contract Amoun $ 84, 8Q. 5Q VC Job No. 1468
Ov ner Counry of Stanislaus C ntact; Barlow TayPas
1716 Morgan Ro d 2t 9- 225- 0280
Modesta, CA 95358
Project Name City} all C mpus tdewalk Reconstructic n Fhase 1 C? escription Retnove conerete and asphalt pavement and replac with new hvt snix asphalt, curb ramp, concrete bus pad, sidewalk, curb& gutter, driveway r turns, and new striping/ markirtgs, Contract Amaunt $ 337, 426.(} 0 VC 1ob No. 1459
Owner City Gf 5anta Rosa Contact: Lisa Welsh
65 Stony Cirrle 7( 77- 543- 3909
Sant Rosa, CA 95401
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ATTACHMENT D
183 D'Arcy Pkwy. T 209. 858. 5500
Lathrop, CA 95207 TRCcompanies. com
May 3, 2022
Ken Reed, Senior Construction Manager
City of Lathrop
390 Towne Centre Dr
Lathrop, CA 95330
Re: Part Time Inspection Services, CIP PS 22-41 Mossdale Roundabout Improvements Dear Mr. Reed,
We appreciate the opportunity to submit our estimated cost to provide part time Construction Inspection Services for the subject project. Our estimate is based on a 35 working day schedule, per our discussion with you on April 25, 2022 regarding the City' s project needs, our review of the project documents, and our experience with similar work.

Scope of Services
DFR Management: TRC will utilize Procore to perForm daily field inspection reports, log project photos, plans, specifications. A digital copy of Daily Field reports and photos will be provided to City of Lathrop at project completion.

Field Inspection: Complete all inspection services related to the project.TRC will prepare electronic daily inspection reports to document the contractor' s activities, location of work, and significant conversations with the contractor.

Discuss work plans with the contractor' s responsible field staff, in detail, to highlight special contract requirements and to identify and avoid potential problems.

Observe work preparations, verifying the suitability of these preparations for the work planned, and providing appropriate feedback to those involved.

Identify construction flaws as soon as possible and explore possible remedies with those concerned to get an acceptable product.

Verify material testing/ quality control testing, provided by others, is being performed as requested by City of Lathrop. Verify corrective measures are being taken as required for failing tests results.

Attend weekly project meetings run by Contractor.

Take progress photos of the work.

Prepare punch lists.

Verify implementation of contractor's safety plan
TRC will provide as-built drawings prior to final turnover.

Staffing and Cost Proposal: Dispatched from our Lathrop, California office, TRC will provide a well- qualified inspector to provide inspection services for this project. Our services will be provided on a time- and- materials basis, meaning the City of Lathrop will only be billed for services provided. We have developed our cost estimate Based on a 35 working day schedule with 4- hour per day for daytime shifts only. If the City should require or request additional services, they can be provided at additional cost.

If inspection occurs outside an 8- hour workday or on weekends, an additional overtime surcharge will apply, and a budget adjustment may be required.

Thank you once again for the opportunity to provide construction management and inspection services for this project. We look forward to continuing our great working relationship with you and the City of Lathrop. Please feel free to contact Justin Wehling directly via phone at ( 916) 826- 4429 or via email at jwehlingCa trccompanies. com.

Pro' ect Estimated Fee
CIP PS 22-41 River Islands Parkway
Widening
Subtotal $ 35, 011. 00
Total $ 35, 011. 00
Respectfully submitted,
TRC ENGINEERS, INC.

C..,
Lincoln Leaman, PE, QSD Justin Wehling
Vice President and Regional Manager Project Manager
Tr C
d j
City of Lathrop Construction Management for CIP PS 22- 41 Mossdale Roundabouts Improvements Cost of Servites Worksheet
2022 2023
Project Schedule
Jan feb Mar Apr May lun Jul Aug Sep Oct Nov Dec Jan Feh Calendar days 31 29 31 30 31 30 31 31 30 31 30 31 31 28 EStimated Prof. SvcS MP: 1un01, 2022 Work days 20 21 23 21 21 22 20 23 21 21 20 21 21 19 Estimated SubStantial July 22, 2022 PHASE 1: Pre- Construction

1. 5
12 Completion( Construction):

PHASE 2: Construction
35 96 n
z
16 Estimated Manhours: 195
PHASE 3: Post- Construction Totals
Position Name flate Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Oec Jan Feb Hours PHASE 1: Pre- Constructfon g 5 1, 480. 00
Projed Manager( Non- PW Duties) lustin Wehling 185. 00
4 q $ 712. 00
Inspector( Day 5T) Aaron Kovar 178. 00
SUBTOTAL: IABOR S 2, 192. 00
SUBTOTAL PHASE 1: Pre- Construction: $ 2, 192.00
PHASE 2: Construction q,995. 00
Projed Manager( Non- PW Duties) lustin Wehling 185. 00
12 15 27 $
178. 00 84 56
140 $ 24, 920. 00
Inspector( Day ST) Aaron Kovar
O
Inspector( Day OT) Aaron Kovar Z48
SUBTOTAL: LABOR $ 29, 915. 00
PHASE 3: Post- Construction . g $ 1, 450. 00
Project Manager( Non- PW Duties) lustin Wehling 185. 00 178. 00 8
8 $ 1, 424. 00
Inspector Day ST) Aaron Kovar
2, 904. 00 SUBTOTAL: LABOR S
SUBTOTAI PHASE 3: PoSFConstruction: $ 2, 904.00
SUBTOTALODC' S: S
TOTALOFCONTRACT $ 35,011.00
Notes and Assumptions:

Fees are 6ased on 35 day construccion duration with professional servires NTF anticipated in lune 2022.

Should the adual schedule require more or less professional services than proposed adjustments to this estimate may he required.

Client will be billed only for hours worked. Night work and Overtime will be billed a[ a pro- rata adjusted rate. 3% annual escalation effective every lanuary lst.

Unless otherwise noted, ahove rates are sbaight- time rates. Overtime, rain, holidays and potential time eutensions or delays may result in additional professional services.

Wages for inspe< tion subjecT to Calif. Labor Code Section 1772. Rates are based on DIR Prevailing Wage Determination NC- 63- 3- 9- 2021- 1- 9/ 1/ 21. TRC will pay and bill accordingly.

Denotes employees/ dassifications that are su6ject to prevailing wage.

Full set of Inspector Bill Rates: Name Shift NPW 5T T
onstructionManager Group2) lustinWehling NPW $ 185. 00 N/ A N/ A Inspector Group 1) Day N/ A $ 178. 00 $ 245. 00
Aaron Kovar
196. 00 $ 276. 00
Night N/ A S
City of Lathrop TRC Construction Inspection Services
CIP PS 22- 41 Mosdale Roundabout Improvements
TRC Engineers, Inc.

Lathrop City CouncilMay 16, 2022

Lathrop City Council
May 16, 2022