ITEM 4. 13
CITY MANAGER' S REPORT
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CREATION OF CAPITAL IMPROVEMENT PROJECT PK
22- 44 INSTALLATION OF RUBBERIZED SURFACING,
AWARD OF A CONSTRUCTION CONTRACT AND
APPROVAL OF RELATED BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving the Creation of Capital Improvement Project PK 22- 44 Installation of
Rubberized Surfacing, Awarding a Construction
Contract to Frontline General Engineering
Construction, Inc., and Approving a Related Budget
Amendment
SUMMARY:
City Council requested staff to create a Capital Improvement Project for the replacement of existing engineered wood fiber with rubberized surfacing at Reflections, Somerston and Tidewater Parks and solicit bids for the construction of these public improvements.
Capital Improvement Project ( CIP) PK 22- 44 Installation of Rubberized Surfacing is proposed to provide rubberized surfacing for these three parks.
Staff prepared the specifications and improvement plans that were advertised for formal bid on May 16, 2022 in accordance with California Public Contract Code ( PCC) and Lathrop Municipal Code ( LMC).
A total of three ( 3) bids were received and opened by City Clerk on June 2, 2022.
Based on review and evaluation of the bids, the lowest responsive and responsible bidder was determined to be Frontline General Engineering Construction, Inc.
Frontline) with a bid of $ 440, 165.
Staff is requesting that City Council approve the creation of Capital Improvement Project ( CIP) PK 22- 44 Installation of Rubberized Surfacing and award a construction contract to Frontline for construction of the project in the amount of $440, 165 plus a 10% construction contingency in the amount of$ 44, 017 for a total cost not to exceed 484, 182.
Staff is also requesting City Council approve a related budget amendment transferring $ 484, 182 from the Measure C Fund ( 1060) to the CIP Project Fund 3010) to fund the construction costs.
CITY MANAGER' S REPORT PAGE 2
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
CREATION OF CAPITAL IMPROVEMENT PRO7ECT PK 22- 44 INSTALLATION
OF RUBBERIZED SURFACING, AWARD OF A CONSTRUCTION CONTRACT AND
APPROVAL OF RELATED BUDGET AMENDMENT
BACKGROUND:
City Council requested staff to replace the engineered wood fiber ( EWF) surfacing at Reflections, Somerston and Tidewater parks with pour- in- place rubberized recreational surfacing. EWF requires regular maintenance to " top off" and redistribute material to maintain adequate product depth for fall attenuation and for the removal of embedded litter. Rubberized surfacing also provides superior ADA accessibility to that of the EWF, only requires occasional cleaning, and is currently installed in City parks such as Moss, Sangalang and Mossdale Landing.
CIP PK 22- 44 Installation of Rubberized Surfacing is proposed to replace existing EWF playground surfacing with pour- in- place rubberized surfacing. Parks, Recreation and Maintenance staff have provided a unique 3- color design for each park' s surfacing to complement the existing play equipment.
Public Works staff prepared the specifications and improvement plans that were advertised for formal bid on May 16, 2022, in accordance with CA PCC 22032 and LMC 2. 36. 060. A total of three ( 3) bids were received, all determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Tab/ e 1: Summary of Bid Resu/ ts
Contractor Total Bid
Frontline General En ineerin Construction, Inc. 440, 165 G& G Builders, Inc. 538, 543
Stockbrid e General Contractin , Inc. 569, 429
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Frontline. Staff requests City Council adopt a resolution awarding a construction contract to Frontline General Engineering Construction for the amount of $ 440, 165. Staff also requests City Council authorize a 10% construction contingency of $44, 017 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 484, 182.
REASON FOR RECOMMENDATION:
The proposed project will provide each park with an updated appearance and a more accessible playground surface for park users. The creation of a Capital Improvement Project is necessary to fund and install the rubberized surfacing at the subject parks.
CITY MANAGER' S REPORT PAGE 3
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
CREATION OF CAPITAL IMPROVEMENT PROJECT PK 22- 44 INSTALLATION
OF RUBBERIZED SURFACING, AWARD OF A CONSTRUCTION CONTRACT AND
APPROVAL OF RELATED BUDGET AMENDMENT
FISCAL IMPACT:
Funding for this proposed project is available from the Measure C Fund ( 1060). Staff requests City Council approve a related budget amendment to transfer $ 484, 182 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) as follows:
Increase Transfer Out
1060- 9900- 990- 9010 484, 182
Increase Transfer In
3010- 9900- 393- 0000 CIP PK 22- 44 484, 182
Increase Ap ropriation
3010- 9900- 393- 0000 CIP PK 22- 44 484, 182
ATTACHMENTS:
A. Resolution Approving the Creation of Capital Improvement Project PK 22- 44, Installation of Rubberized Surfacing, Awarding a Construction Contract to Frontline General Engineering Construction, Inc., and Approving Related Budget Amendment
B. Contract with Frontline General Engineering Construction, Inc. for construction of CIP PK 22- 44, Installation of Rubberized Surfacing
C. Location Map
CITY MANAGER' S REPORT PAGE 4
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
CREATION OF CAPITAL IMPROVEMENT PROJECT PK 22- 44 INSTALLATION
OF RUBBERIZED SURFACING, AWARD OF A CONSTRUCTION CONTRACT AND
APPROVAL OF RELATED BUDGET AMENDMENT
APPROVALS:
22 To d Se ian Date
Director of Parks, Recreation &
Maintenance Services
Co- 7- ZoZ2
Michael King Date
Assistant City Manager
a-----
Cari Jam Date
Director Finance
7- t z-Z.
Salvador Navarrete Date
City Attorney
p'$• L2
S p
en J. Salvatore Date
City Manager
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CREATION OF CAPITAL IMPROVEMENT PROJECT PK 22- 44
INSTALLATION OF RUBBERIZED SURFACING, AWARDING A
CONSTRUCTION CONTRACT TO FRONTLINE GENERAL ENGINEERING
CONSTRUCTION, INC., AND APPROVING A RELATED BUDGET AMENDMENT WHEREAS, City Council requested stafF to create a Capital Improvement Project for the replacement of existing engineered wood fiber with rubberized surfacing at Reflections, Somerston and Tidewater Parks and solicit bids for the construction of these public improvements; and
WHEREAS, Capital Improvement Project ( CIP) PK 22- 44, Installation of Rubberized Surfacing is proposed to provide rubberized surfacing for these three parks; and
WHEREAS, Public Works staff prepared the specifications and improvement plans that were advertised for formal bid on May 16, 2022 in accordance with California Public Contract Code ( PCC) and Lathrop Municipal Code ( LMC); and WHEREAS, a total of two ( 3) bids were received and opened by City Clerk on June 2, 2022; and
WHEREAS, based on review and evaluation of the bids, the lowest responsive and responsible bidder was determined to be Frontline General Engineering Construction, Inc. ( Frontline) with a bid of $ 440, 165; and WHEREAS, staff is requesting that City Council approve the creation of CIP PK 22- 44 Installation of Rubberized Surfacing and award a construction contract to Frontline for construction of the proposed project in the amount of $ 440, 165 plus a 10% construction contingency in the amount of $44, 017 for a total cost not to exceed $ 484, 182; and
WHEREAS, to support the construction costs, staff is also requesting City Council approve a related budget amendment transferring funds from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) as follows:
Increase Transfer Out
1060- 9900- 990- 9010 484, 182
Increase Transfer In
3010- 9900- 393- 0000 CIP PK 22- 44 484, 182
Increase Appropriation
3010- 9900- 393- 0000 CIP PK 22- 44 484, 182
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the creation of Capital Improvement Project ( CIP) PK 22- 44 Installation of Rubberized Surfacing and the award of a contract to Frontline General Engineering Construction, Inc. for construction of the proposed project in the amount of $440, 165;
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 10% construction contingency in the amount of $44, 017 for a total cost not to exceed $ 484, 182, 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 $ 484, 182 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) to support the project construction costs.
The foregoing resolution was passed and adopted this 13th day of June 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 SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22- 44
CONTRACT
This Contract, dated June 13, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Frontline General Construction, Inc., Contractor), whose Taxpayer ldentification Number is
For and in consideration ofthe 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, ifno 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 Installation of Rubberized Surfacing, CIP PK 22- 44 ( 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 ofthis Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to: removal of engineered wood fiber, demolition and removal of concrete ramps, and installation of aggregate base and pourin-place rubberized recreational surfacing.
The work shall be completed within 50 working days following issuance ofNotice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown ar 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: 440, 165 ( Four Aundred Forty Thousand One Hundred Sixtv Five Dollars
3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Works Department and are hereby incorporated by reference ( i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Frontline General Construction, Inc. on June 2, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the provisions ofthis Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents. Contractor hereby shall 00500- 1
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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 ofinsurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf.
Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death ofpersons or damage to property as a result ofthe willful or negligent act or omission ofContractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety ofthe Proj ect 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 ofor failure to perform the terms and conditions ofthis 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, ar 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 ar omission of City or any ofits 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 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 ofthis 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 00500- 2
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provision of all recorded documents affecting the Project site, insofar as any are required by reason ofthe use or occupancy ofthe Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNTI' DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation ofthe Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance ofthe Work by the Contractor and all Subcontractors of any tier. The failure ofthe 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 ofthe 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 proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to substitute the non-DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ or Labor Code Section 1771. 1( d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier.
b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or( ii) to disburse any portion 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 00500- 3
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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 CTTY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractar and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision( a) of Labor Code section 1776.
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 thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor. c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division ofApprenticeship Standards, or the division 00500- 4
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of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated. e) Contractor shall inform the CTTY of the location of the records enumerated under subdivision( a), including the street address, city, and county, and shall, within( 5) warking days, provide a notice of a change of location and address.
fl In the event of noncompliance with the requirements of this Article, Contractor shall have ten( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CTTY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation ofthe 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 priar 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 conect at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, ar 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;
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7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; 8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 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 Proj ect 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 Proj ect site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits bv CitX. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project- related and Work- related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours ofthe 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.
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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) 941- 7449
ATTN: Senior Construction Manager
To Contractor: Frontline General En ineering Construction, Inc.
Mailing Address: 1663 Ray Wise Lane, Tracv, CA 95376
Phone: 510) 520- 2464
Email:
ATT' N:
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority.
6) Headings. The paragraph headings are not a part ofthis Contract and shall have no effect upon the construction or interpretation of any part ofthis 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. 00500- 7
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8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract. 9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City.
Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits.
14) Successors and Assigns. The provisions ofthis Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns ofthe parties. 15) Time ofthe 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. Ifthe time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. 16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party. 18) Contractar 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.
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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 ar change order provisions ofthe Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written" Notice to Proceed" from CTTY. 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 ofthe Notice to proceed. 23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' s Submitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
00500- 9
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22- 44
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, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
00500- 10
S CTION 00300
IhSTALLATION OF RUBBERIZED SU LFACING BiD PROPOSAL FORMS CIP PK 22jf4
BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: INSTALLATION OF RUBBERIZED 5URFACING, CIP PK 22- 4A THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, parinership, corporation, or association; that he has carefully examined the lacatian afthe proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he wili contract with the City of Lathrop, in the forrn ofthe Contract as set forth in the Canstruction Documents for said project, te grovide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as propased in tlie following Bid Schedule.
SCHEDULE OF PRICES
Ali applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in ihe prices quoted in the Bid. AII blanlc spaces must he filled in.
BASIS OF AWAR.D
The basis for award ofthe contract wi11 be the price of the base bid. The City of Lathrop reserves ti e right to award the work contemplated by the base bid or none ofthe worlc.
O D300- 1
sECTTON oa3 o
II STALLATION aF RUBBERIZED SURFACIi IG SID PROP05AL FORMS CEP PK 22- 44
INSTALLATION OF RUBBEItIZED SURFACING
BID SCHEDULE
BID
DESCRIPTION QUANTITY UNITS
UNIT EXTENDED
ITEM PWCE TOTAL
1 Mobilir tion/ Bonds I Insurance
1 ro6.t Ito 10 .
2 Emsion and Sediment Controi Plan{ ESCP) 1 LS
3 RcrrrovclOf' hauUDispose of Existing 4, 665 SF a
Fibar 2.32 1f71 ZZ• Sa
Removcl0ffhauUDisposc of PCC
c 4
o
R.amps to 3. 5" Depth
1G8 SF k ,_
1+ Z' • pQ
t
5 U Class tI Aggregate Hase 253 TON
g ` c qS•2,
aw
6 Rubbcriz SwFacing System- Complctc 4, 665 SF
2.$ 4 , 2 ^
Rcmovc/ f haullDispose of Existing 3, 720 SF
F 2 ` b '`
d
RemoveJOfthauUDisposc af PCC
g
z x g, 3s„ n c
i sF
c19, 1 433. 58 0
F
9 ` a Class lI Aggregatc Base 202 TON ,
i S 9 .
30 Rubberizcd Surfacing Systtm- Completc 3, 720 SF ,.
3'' Sa
Rcmove/ OffhaullDispose of Existiag 4, 695 SE
F 2. 32 v lo q2.
a Removc/ OffhavUDispose of PCC
ia
W s w 3sn n
sF
1.' $ 2 3. 25
F
13 3 Class II Aggrcgalc Base 255 TQN
2 q
A
14 Rubbcrized Svrfacing System- Cornplete 4, 695 SF
TOTAL Bm : 4 c 1 4
TOTAL BTD IN WURDS: {? U r
1- K) 1r Y ' l 135
c ne, u rd red S x Y / i d
OD304- 2
SECTIUN 00300
iNSTALLATION OF RUBBER[ ZED SURFACING BID PROPOSAL FOItMS CiP pK 2x- 44
INFURMATION REOt1IRED OF BIDDER
The Bidder{ Contractor) shall furnish the following informaNan. This infarmation is considered essential in enabling the Project Manager to detertnine ifthe Bidder is experienced in s milar types of wark and if the Bid is based on a carefu] study of inethads applical le to the work and full realization of the variaus factors which may affect the pro, n-ess of the war c. Failure to cam 1 with this re uirement ma render the Bid non-res onsive and ma cause its re' ection. Additional sheets shali be attached as required.
BIDDER' S INF4RMATION
1) Bidder' s name and address:
Frantline General Engineering Construction, Inc
1663 Ray Wise Lane, Tracy Ca 95376
2} Bidder' s telephone number.
510) 520- 2464
3) Bidder' s fax number.
4) Bidder' s Contractor' s License( Class}: A
L,icense No.: Q47164
Expires: 1 I31/ 2024
5) Person who inspected site of proposed work for Contractar' s firm:
Name: Shankar Sah Date of inspection: / 31I2022
5) List 3 projects of a nature similar to this project:
Praject Contract Name, Address and
Price Tele hone Number of Owner
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0 300- 3
SECTION 00340
INSTALLATIONI OF' Ri7B8ERIZED SURFACING BtD PROP05AL FORNES CIP PK 22 44
LIST OF SUBCQNTRACTORS:
The Bidder shall{ ist below the name and business address af each sulxantractor who rvill perform work under this Bid in excess af one- half of one percent af the Contractor' s Total Bid Price, and shall aEso list he portion afthe WORK which will be done by such subcontractor, in accordance with Sechon 4107 of the Public Contract Code. After the opening of bids, no changes or substituti ns will be allowed except as otherwise provided by law, The listing of mo; e than one subconhactor for each item ofwork to be perFormed wiih the words" and/ or" will not be permitted.
Failwe to comply with this requirement may render the Bid nan-responsive and may cause its rejection. Should the Contractor provide a bid that does not requirc a subcontractor, the Contractor shalI note that on this page by writing" Not Applicable" in the list beiow.
Subcontractor
License Perceatof
Work to be Pe ormed Nnm e Tota Co_ tract SubcaotractQr' s Name& Addre s s 1 , 2- l 10, y`} 54 G 1 ur-,, tinC•
a_.
s. onr e n d- e e
S.i} 2 1 C? 3
2. c o+ ,
3. 4.
5. 6.
Note: Attach addit onal sheets if required.
403UU- 4
s cTtoN oo3ao
INSTALLAT[ ON OF RUBBERI7,ED SUitFACING B! D PROP05AL F(3RM5 CIP PK22- 44
ADDEItiiDA
Bidder certifes he reviewed ARC Stockton' s website for addenda within 48 hours of bid opening and acknowledges receipt ofthe following addendum( addenda):
0 Respectfully submitted,
6/ 7J2022 Frontline General Engineering Construction, Inc Dated Legal Name of Firm
Signatu e Authorized Representative
Seal}
If Bidder is a corporation, show State in which incarporated.) C. L, s-,,' gThe full namcs a» d post of ice addresses af all persons and parties interested in the foregoing Bid as principals are as fallows:
NOTICE}: Give first and last names in full; in case of corporation, give names of Aresident, Secretary, Treasurer, and Manager, and in case of partnerships and joi t ventures, give names and Post Office addresses of all the individual rnembers.
4 5. S t rv7..-.— D
v`.''' 7 S + 1F rl l , S-G. C I`yG f<r.
40300- 5
sEcr oN o0300
INS'fALLATION OF RUBBERIZED SURFACINC BID PROPOSAL FORMS CIP PK 22- 44
BID DER' S BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE Frantline General Engineering Construction, lnc. as PRINCIPAL, and Granite Re [ nc. DBA Granite Suretv Insurance Comaanv as SUItETY are held; and finnly bond unto the City of Lathrop in the pettal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOiJNT OF THE BID of the Principa! above named, submitted by th Principal to the City of Lat rop for the work described bclow, for the payment of which s m in lawful money of the United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourseives, our heirs, executors, adminsstrators and successors, jointly and sevorally, firmly by those presents. In no case shalt the liabi[ity of the surety hereunder exceed the sum of$ Ten Perc nt of Bid Amount{ 10%) THE CONDTTION QF TffiS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the abave mentioned bid to the City af LathroQ for certain constnzction specifically described as follows, for which 6ids are to be opened at the Ciry Hall, 390 Towne Centre Drive, Lathrop, CA: INSTALLATION OF RUBBERIZED SURFAC[ NG, CIP PK 22- 44
NOW, THEREFORE, if the Principaf is awarded the contract and within the time and manner requi d under the specifications, after the prescribed foRns are pr sented to him far signature enters into a written contracE in the prescribed form, in accordan+ e with the bid, and files two bonds with the City, one to guarantcc faithful performance, and the other to guarantee payment for labor and materials as required by law, Ehen this obligation shaU be null and void; otherwise, it shall t e and remain in full force.
IN WI'FNESS WHEREOF, we have hereunto set our hands and seals on this day o" June 0 ZZ, Granite Re, Inc. DBA Granite Surety Insura.nce Frant ine'—TeneraT ngm nng Construction, Inc. Company
Seat} S al)
enn . tt o, Axtornev- ir- Faat
Seal) 5pal)
y
e c ona , s . .. c ary
Address: 1663 Ray Wise Lane Address: 14002 Qusilbcoa Drive Tracy, CA 95376 Oklahoma City, OK 73134
NOTE: Signatures ofthose executing for the surety must be properly acknflwledged. oo3oa- s
A notary public or other officer completing this certificat verifies anly the identity of the individaal who signed the document to which this ccrtificatc is attached end not tNe truthfviness. accuracv. or vaiidiiv of the documenk
ACKNUWLEDGMENT OF PRINCIPAL
State oF_ p,.•.
County of 4,. A r,.
4n this isT day of 20 a . before me ttu iz P Ml is4 No 4v.,_Q. a. p csonally appeared Here lnnnrl Name and t(e ofO t
e, 1rn,. who proved to me an the hasis of s$ tisfactory evidence to be the person Nane oJSf r
whose name is subscribtd to the within inshvment and ac}rnowledg to me that heJ executed the same in hislt r sutharized capaeity, and that by his/ t pr siBnature on the instrumcnt tha person, or the entity upon behalf of which the person acted, executed the ins rument.
I ceriify under PENALTY OF PERJLJRY under the laws of the State of California that the foregoing para raph is true and correct w,- - - - _ _•
VANITA a. AUSTAY WITNESS my hand and official seal.
Natary Pabifc• Catifan: a
San JoeGuln Ceu ty
f
Comrt+ lssion x 22567Tb S1 I18 llIC i,1..., MyCOmT tJlfl1/ My2 Z: i3 gnature ofNotary P tblic
ACKNOWLEDGMENT OF SURETY
State of Oklahoma
County of Oklahama
On this 2 day of Jtina, 2022 before me personally come( s) Kennech U. Whittington, Attomey in- act ofGranite Re. inc. dha Granite Sureiy tnsw ance Gompany with whom I am personally acquainted, and who, being by me duly swom, says that he reside( s} in Oklahama City, Oklahoma that he is the Attorney in Fact of Grariite Re,[ nc. dba GraniEe Sisrety Insurance Company, the company described in and which executed the within instrument; that he know( s} the corporete seal of such Campany; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Baard of Direciors of said compan land he signed said instrument as Attarney( s} in- Fact f the said Cam by ilce order.
P pgHM.
5 4 '.
1rQ' j,trp FpR` y Notary Public
Q
3 .
C OF
I•```
v
cRa3- ia
GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY
GENERAL POWE 2 OF ATTORNEY
Know all Men by tfiese Presents:
That GRANITE RE, INC aBA GRANITE SURETY INSURAiVCE COMPANY, a corparation organized and existing under the( aws o#the State of MINNESOTA and having its principal office at the City af KLANaMA Ci' fY in the State of OKLAHOMA does hereby constitute and appoint:
KENNETH D. WHIT' fING7DN; KYLE MCDONALD its true and lawful Attorney- in- Fact( sM far the following purposes, to vwit:
To sign its name as surety to, and tv execute, seal and acknowledge any and all bonds, ancf to respective y do and perForm any and all acts and things set forth in the resolution of the 6aard of Diredors of the sald GRANffE RE, INC. DBA GRANfTE SUR£' tY iNSURANCE COMPANY a ceREfied copy of whir.h is hereto annexed and made a part vf this Pawer of Attomey; and the said GRANITE RE, INC DBA GRANJTE SURE Y fNSURANCE COMPANY through us, its eoard of Directors, hereby ratifies and canfirms aA and whatsoever the said:
KENNETH D. WHRTINGTON; KYLE MGDONALp may la+vFully do in ihe premises by virtue af these p esents.
In Witness Whereof, the said GRANfTE RE,( NG DBA GRANRE SURETY INSURANC£ COMPANY has caused this instrument to be sealed with its corporate sea1, duly attested by the signatures af its P esident and Assistant Secretary, this 3rd day of January, 2020.
S E A L
Kenneth D. Whitti on, President
STATF OF OKlAHOMA )
u
J
55:
COUNTY OF OKI. AHOMA ) Kyl . Mc[?anald, AsSistant Secretary On tf is 3' day of January, 2020, before me personally came Kenneth D. Whittington, Presideitt of the GRANII' E RE, INC DBA GRANfT' f SURk? Y INSURANCE CDMPANY and Kyle P. McDonald, Assistant Secrebry of id Cmnpany, witi both of whom I am personally aoquainted, who being by me severalty duly sworn, said, that they, tfie said Kenneth D. Whittingtaa and Kyle P. McDonald were respedinrely the Pres}dent and the AssistaM Seaetary of GRANITE RE, iNC D9A GRANfTE SURETY INSUFiANCE COMPANY, the corporadon descriE ed in and whicti exeafted the faregoing Power of Attomey; that they each knew tf e seal of sakl corporation; that the seal affuced to said Power of At omey was such corparate seal, that it was so fixed by order of the eoa d of Directcrs of said corporation, and that they signed thei name therew by like o der as President and Assistant Secretary, respectively, of the Company. e,.,,,."
My Commission Expires_ p
A,
April 21, 2029 Notary Pubtic
Commission: ilOt3362d
w„°'"!;
GRAN[ TE RE, INC
Certificate
THE t3NDERSIGNED, be[ ng the duly elected and acting Assistant Secretary of GRANfTE RE, 1NG DBA GRANITE SURETY tNSURANCE COMPANY, a Minnesota Corporatlan, NEREBY CERTIFIES that the fallowing resalutioa ts a true and correct excerpt from the July 15, 1987, rninutes of the meeting of the Board of Directors af GRANITE RE, ING DBA GRANfl SUREfY INSURANCE CQMPANY and that said Power of Attamey has not been revoked and Is now in full force and effect.
RESOLVED, that the Presldent, any Vice Presldent, the Assistant 5ecretary, and any Assistant Vke Presldent shall each have aut writy to appoi t individuals as attomeys-in-fact or under other appropriate titles with authority to execute on hehalf af the oompattiy fidel ty and surety bonds and other dacuments of similar character issued by the[ omparry in the ourse of its business.
On any instrument making or erridendng such appointment, the signatures may be affixed by faaEmlle. On any instrument conferring such authority or on any bond or undertak ng of the Company, the seal, or a facsimile thereaf, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall nat be necessary to the rraltdity of any such instrument or undertai ng."
IN WITf+tESS WHERE F, the undersigned has sub. cribed ttlk Cert ficate and affixed the c4rporate seal af the Corporation this June 2 , 2(} 22
I BpL
Kyle P Mct3onald, Assistant Secretary
R a Cc a Ed. a- 22
SEC'fION IF0304
INSTALLATION OF RUBBERIZED SURFACINC BIb PRqPO5AL FORMS CIP PK 22- 44
NONCOLLUSION AFFIDAVIT
STATE OF 4L',,:.
S5.
cov v oF .,.-
c P o being first duly sworn, depases and says that he ar' be is J
P c,; d,,.} of rc 1-1 s,. C E C sl.+ r., the party maki g the foregoing bid that the bid is not made in the interest of, ar on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not callusive or sham; that the bidder has not directly or indirectly induced or solicited any othcr bidder to put in a false ar sham bid, and has not d'uectly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refi-ain from bidding; that the bidder has not in any manner, directly or indirectly, sought by ageement, cammunication, or conference with aayone to fix the bid price of the bidder or any ather bidder, or ofthat of any other bidder, or ta secure any advantage against t e publie body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the cantents thereof, or divulged informarion or data relative thereto, or paid, and will nat pay, any fee to any corporadon, partnership, company associated, organization, bid depository, or to any mernber or agent thereof ta effectuate a collusive or Signature . President, Secretary,
Manager, Project Manager ar Representative
The Coun af Rrrw« dwae. mro s, tY an a ev. aa+rn. b. watar+s+a. r rorp. ru eoowreerrMdiri er.
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State of v* k
Subscribed and sworn to ( or affirmed) before me
Camty of a
on this day of 20 , by Subscribed an rn to( or affrrmed) be€ore m+ on this !' T
day of ZO, by
proved to n
me an the basis of satisfactary evidence to be the 1' J ro -- person( s} wha appeared before me. proved to be on the basis of satisfactory evider ce to be the person( who appeared bef re m.
Seal
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