ITEM 4. 14
CITY MANAGER' S REPORT
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT WITH GEORGE
REED, INC. FOR CIP PS 22- 45 FISCAL YEAR 2022/ 23
ROAD MAINTENANCE AND REHABILITATION
PRO) ECT AND APPROVE RELATED BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding Construction Contract with George Reed, Inc. for CIP PS 22- 45 Fiscal Year
2022/ 23 Road Maintenance and Rehabilitation
Project and Approving Related Budget Amendment
SUMMARY:
On June 13, 2022, City Council created Capital Improvement Project ( CIP) PS 22- 45 for Fiscal Year ( FY) 2022/ 23 Road Maintenance and Rehabilitation ( Project) to repair, rehabilitate, and maintain deteriorated pavement citywide. The Project consists of grinding off existing asphalt concrete, overlaying Hot Mix Asphalt, applying Type II microsurfacing, and refreshing thermoplastic striping at the following locations:
Base Bid:
Stonebridge Ln from Harlan Rd to Slate St
J St from Harlan Rd to 5th St
Thomsen Rd from Harlan Rd to 5th St
Alternative Bid:
Prairie Dunes Dr from Pine Valley Dr to Silver Creek Dr Staff prepared the plans and specifications that were advertised for construction on July 7, 2022. A total of five ( 5) bids were received and opened by City Clerk on July 28, 2022. Based on review and evaluation of the bids, the lowest responsive and responsible bidder for the project was determined to be George Reed, Inc. ( George Reed) with a base bid amount of $ 1, 448, 557 and alternative bid of $ 345, 303 for a total construction cost of $ 1, 793, 860.
Staff is requesting City Council award a construction contract to George Reed for the construction of CIP PS 22- 45 FY 2022/ 23 Road Maintenance and Rehabilitation Project in the amount of $ 1, 793, 860. Staff also requests City Council authorize a 15% construction contingency of $ 269, 079 for a total cost not to exceed $ 2, 062, 939.
Staff is also requesting Council approval of a budget amendment transferring 1, 657, 939 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) to support the construction of the base bid, alternative bid, and a 15% contingency.
CITY MANAGER' S REPORT PAGE 2
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT WITH GEORGE REED, INC. FOR CIP PS 22- 45 FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION
PROJECT AND APPROVE RELATED BUDGET AMENDMENT
BACKGROUND:
On June 13, 2022, City Council created CIP PS 22- 45 for FY 2022/ 23 Road Maintenance and Rehabilitation ( Project) to repair, rehabilitate, and maintain deteriorated pavement on several local roads. The Project consists of grinding off existing asphalt concrete, overlaying Hot Mix Asphalt, applying Type II microsurfacing, and refreshing thermoplastic striping at the locations below:
Stonebridge Ln from Harlan Rd to Slate St
J St from Harlan Rd to 5th St
Thomsen Rd from Harlan Rd to 5th St
The City received concerns from residents on Prairie Dunes Drive about the existing pavement conditions. After evaluation, staff determined that the entire road from Pine Valley Drive to Silver Creek Drive was structurally deficient. Therefore, Prairie Dunes Drive was included as a bid alternative for a full road reconstruction.
Staff prepared the plans and specifications that were advertised for construction on July 7, 2022, in accordance with California Public Contract Code 22032 and Lathrop Municipal Code ( LMC) Section 2. 36. 060.
A total of five ( 5) bids were received, each determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Tab/ e 1: Summar of Bid Resu/ ts
Contractor Base Bid Alternative Bid
Geor e Reed, Inc. 1, 448, 557 345, 303
Consolidated En ineerin , Inc 1, 523, 498 305, 602
Dirt D nast , Inc. 1, 627, 441 289, 721
United Pavement Maintenance, Inc. 1, 753, 709 331, 318
Mountain Cascade, Inc. 1, 758, 696 266, 218
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is George Reed. Staff requests City Council adopt a resolution awarding a construction contract to George Reed for the base bid of $ 1, 448, 557 and alternative bid of $ 345, 303 for a total amount of $ 1, 793, 860.
Staff also requests City Council authorize a 15% construction contingency of$ 269, 079 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 2, 062, 939.
CITY MANAGER' S REPORT PAGE 3
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT WITH GEORGE REED, INC. FOR CIP PS 22- 45 FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION PRO7ECT AND APPROVE RELATED BUDGET AMENDMENT
REASON FOR RECOMMENDATION:
The existing asphalt on several streets needs to be repaired. These current deteriorating pavement warrant the creation of this Project for the City' s road maintenance and rehabilitation. Approving the contract with George Reed will allow the construction of the project and the resurfacing of the damaged pavement.
FISCAL IMPACT:
The proposed construction contract with George Reed is for the base bid of$ 1, 448, 557 and alternative bid of $ 345, 303 for a total amount of $1, 793, 860. A 15% construction contingency of $ 269, 079 is requested, for a total cost not to exceed $ 2, 062, 939.
Funding for this project was included in the FY 22/ 23 budget; however, sufFicient funds were not allocated. Therefore, staff requests City Council approve a budget amendment transferring $ 1, 657, 939 from the General Fund Street Repair Reserves 1010) to the CIP Project Fund ( 3310) as follows:
Decrease Street Repair Reserves
1010- 251- 03- 00 1, 657, 939
Increase Transfer Out
1010- 9900- 990- 9010 1, 657, 939
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 45 1, 657, 939
Increase A propriation
3310- 8000- 420- 1200 PS 22- 45 1, 657, 939
ATTACH M ENTS:
A. Resolution Awarding Construction Contract with George Reed, Inc. for CIP PS 22- 45 Fiscal Year 2022/ 23 Road Maintenance and Rehabilitation Project and Approving Related Budget Amendment
B. Construction Contract with George Reed, Inc. for CIP PS 22- 45 Fiscal Year 2022/ 23 Road Maintenance and Rehabilitation Project
C. Project Location Map
CITY MANAGER' S REPORT PAGE 4
AUGUST 8, 2022 CITY COUNCIL REGULAR MEETING
AWARDCONSTRUCTIONCONTRACT WITH GEORGE REED, INC. FOR CIP PS 22- 45 FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION
PROJECT AND APPROVE RELATED BUDGET AMENDMENT
APPROVALS:
2 — oZ,2
An arca Date
Assistant Engineer
8• 3 ZZ,
Ken Reed Date
Sen or Construction Manager
a-'
Cari Jam Date
Director of Fi ance
8- z- Zozz
Michael King Date
Assistant City Manager
Zt
Salvador Navarrete Date
City Attorney
2 St n J. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING CONSTRUCTION CONTRACT WITH GEORGE REED, INC. FOR CIP PS 22- 45 FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION
PROJECT AND APPROVING RELATED BUDGET AMENDMENT
WHEREAS, on June 13, 2022, City Council created Capital Improvement Project ( CIP) PS 22- 45 for Fiscal Year ( FY) 2022/ 23 Road Maintenance and Rehabilitation ( Project) to repair, rehabilitate, and maintain deteriorated pavement citywide; and
WHEREAS, the Project consists of grinding off existing asphalt concrete, overlaying Hot Mix Asphalt, applying Type II microsurfacing, and refreshing thermoplastic striping at the following locations:
Base Bid:
Stonebridge Ln from Harlan Rd to Slate St
J St from Harlan Rd to 5th St
Thomsen Rd from Harlan Rd to 5th St
Alternative Bid:
Prairie Dunes Dr from Pine Valley Dr to Silver Creek Dr WHEREAS, staff prepared the plans and specifications that were advertised for bid on July 7, 2022; and
WHEREAS, a total of five ( 5) bids were received and opened by City Clerk on July 28, 2022; and
WHEREAS, based on review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be George Reed, Inc.
George Reed) with a base bid amount of $ 1, 448, 557 and alternative bid of $345, 303 for a total construction cost of $ 1, 793, 860; and
WHEREAS, staff is requesting City Council award a construction contract to George Reed for the construction of CIP PS 22- 45 FY 2022/ 23 Road Maintenance and Rehabilitation Project in the amount of $ 1, 793, 860; and WHEREAS, staff also requests City Council authorize a 15% construction contingency of $ 269, 079 for a total cost not to exceed $ 2, 062, 939; and WHEREAS, funding for this project was included in the FY 22/ 23 budget; however, sufficient funds were not allocated. Therefore, staff requests City Council approve a budget amendment transferring $ 1, 657, 939 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as follows:
Decrease Street Repair Reserves
1010- 251- 03- 00 1, 657, 939
Increase Transfer Out
1010- 9900- 990- 9010 1, 657, 939
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 45 1, 657, 939
Increase A propriation
3310- 8000- 420- 1200 PS 22- 45 1, 657, 939
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to George Reed, Inc. for the construction of CIP PS 22- 45 FY 2022/ 23 Road Maintenance and Rehabilitation Project in the total amount of $ 1, 793, 860; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency of $ 269, 079 for a total cost not to exceed $ 2, 062, 939 and authorizes staff to spend up to this amount as necessary to accomplish the goals of the project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 1, 657, 939 from the General Fund Street Repair Reserves ( 1010) to the CIP Project Fund ( 3310) as detailed above.
The foregoing resolution was passed and adopted this 8th day of August 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS O FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT B
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22-45 CONTRACT
CONTRACT
FISCAL YEAR 2022/ 23 ROAD MAINTENANCE AND REHABILITATION PROJECT, CIP PS 22- 45
This Contract, dated August 8, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of alifornia ( City), and George Reed, 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 Fiscal Year 2022- 23 Road Maintenance and Rehabilitation, CIP PS 22- 45 ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to: furnishing all labor, materials, tools, equipment, transportation, and services necessary to perform the lowering and adjusting to grade of utility boxes, grind off of existing asphalt concrete, roadway excavation placement of aggregate base, construction of Hot Mix Asphalt overlay, application of Type II microsurfacing, and removal and installation of thermoplastic traffic striping and markings and reflective pavement markers, including preparatory work of layout, alignment, cat tracking, and cleanup; and performing all appurtenant work in place and ready for use, all as shown in the Contract Plans and Specifications.
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: 1, 448, 557
Bid Alternative: 345, 303
Bid Total: 1, 793, 860( One Million Seven Hundred Ninety- Three Thousand Ei ht Hundred Sixty Dollars and Zero Cents)
00500- 1
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22-45 CONTRACT
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference ( i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers' compensation certification, and guaranty) and the Bid Documents submitted by George Reed, Inc. on July 28, 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 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 4 of the Contract Specifications 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 l5 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, ar 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 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 of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees. 00500- 2
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractar 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 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/ ar Labor Code Section 1771. 1( d). 00500- 3
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
Certi ed 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 Labar Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor. The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The 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 l 77l. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
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. 00500- 4
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
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 of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated. e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within (5) working days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this Article, Contractor shall have ten( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a
penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict 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 Wark, 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;
00500- 5
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; 4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City.
5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; 8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and
12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assi n ment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
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.
00500- 6
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project- related and Work- related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), ( 2) or (3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7363
FAX: ( 209) 941- 7449
ATTN: Ken Reed, Senior Construction Manager
To Contractor: George Reed, Inc.
Mailing Address: 140 Empire Avenue, Modesto CA 95354
Phone: 209) 523- 0734
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.
00500- 7
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority.
6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract. 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 ar conditions, shall be deemed to be both covenants and conditions.
ll) 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.
00500- 8
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. 16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party. 18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15.
19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City.
21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.
Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed. 23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract 00500- 9
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 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.
o _ o..- -
00500- 10
SECTION 00500
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION CIP PS 22- 45 CONTRACT
IN WTTNESS 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:
B y:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
B y:
Michael King, Assistant City Manager
APPROVED:
B y:
Stephen J. Salvatore, City Manager
c:
00500-] 1
EXHIBIT A
SECTION 00300
FISCA[. YEAR 2022• 23 ROAD 1 tAINTENANCE ANU REHABIL1Tr1' i'IOI i BlD PROPOSAI, FORi1IS CIP PS 22-: IS
BID PROPOSAL FORMS
TU: City of Lathrop
390 Tawne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: FISCAL YEAR 2Q22- z3 RQAD MAINTENANCE AND
REHABILITATI( 3N, CIP PS 22- 45
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Prineipals are those named herein; that this Bid is made without collusion with any other persan, firm, partnership, corporation, or association; that he has carefully examined t e tocation of the proposed work and the Construction Documents; and hc proposes and agrees that ifthis Bid is accepted he will contract with the City of Lathrop, in the form of the Contract as set forth in the Constructian Documents for said project, ta provide all the necessary labor, services, materials, and eqnipment, and to do all the work and furnish all the materiats; and that he will accept in full payment therefore the price as proposed in the foltowing Bid Schedule.
SCHEDULE OF PRICES
Ali applicabte perrnit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. Al) blank spaces must be filled in.
BASIS OF AWA,RD
The basis for award of the cantract will be the total price of the Base Bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid, ihe Base Bid plus any combination of Bid Alternates, or nane of the work.
OQ300- 1
s c rtoN o0300
FISCAL VEAR 2022- 23 ROAD 11A1NTENA1 iCE A[ tD REHABILITATlON SID PROPOSAL FOR1biS P PS 22- 45
F[ SCAL YEAR 2022- 23 RUAD MAINTENANCE AND REHABILITATION CIP PS 22- 45
BASE BID SCHEDULE:
D
DESCRIPT[ ON QUANTITY UNITS
T EXTENDED
ITEM PRiCE TOTAL
1 Mobilization? Bonds' Insurance S q7 dOp. o 9'IQ(! p c 3 Traffic Control 1 LS 83oaa. 8' 000.
3 Lower and Raise Manhole Covers 76 EA
1 106 4
4 Lower and Raise Valve Covers 63 EA
5 Lower and Raise Monument Covers 32 EA
Remove Existing Thcrmoplastic Mgrkings and 6
5, n
I LS
2Q 685. 00 20 685. 00
7 Grind Out Pavement to 0?' Depth and Dispase 35?, 150 SF a.3
8 Place IiMA( u; 0: 2' Depth, Siogle Lift 6, 250 TON
zo. 00 so oaa. aa
9 Type U Micro- surfacing wa Black Rock 149, 175 SF
Q 71g, 5a
Q
7"hermoplastic Stciping- Caltrans Std. Pln. A'L0,
I 585 LF Detail22 2.4Q 30,204.00
Thermaplastic Striping- Caltrans 5td. Pln. A'20, 11
Detai127B
1, 55U LF 1. 1Q 9, 705. Q0
Thermoplastic Striping- Caltrans Std. Pln. A20, f..
i 3$ 3Q0 LF 1. 5Q 450. 00
13 T6ermoplastic Striping- Caltrans Std. Pln. A20,
Q LF
Detai139 1. 10 29, 997. 00
The rnoplastic Striping- Caltrans Std. Pln. A20,
5 88U LF 4.$0 4, 7Q4. Q0 Detail 39A
15 Thermoplastic Striping- 6" White Line Hatching 2,510 LF 2.00 5,o2o.oa I6 ' t' hermoplastic Stripin- 12" White t Ye11ow L, ine 2, 085 LF 4,00 8, 340. 00 17 lostalt Thermoplastic Ladder Crosswafk wt Z'
640 LF 25. 04 16, OOQ. 00 Run s& 4' S acin
18 Thermoplastic Mazkings( STOP, YIELD,
q7 EA 130. 00 6, 11Q. 00 SCHOOL, XING, AHEAD)
19 Thermoplastic Markings( B[ KE SYMBOL, BIKE
68 EA 90• 00 6, i20. 00
SHARROWS)
20 Thermoplastic Making- Type Ill Arrow 6 EA 175• 00 1, 050. 00 29 Install Blue RPM @ Fire Hydrant 20 EA 10. 00 200.00
TOTAL BASE BID: I,' y 8 5 S 7, O
TOTAL BASE BID iN WORDS: a r rr,', ll" a w r w ,,{- 4. e; 1.' h vaSAM. : ve 1n v n a r,J -' rf'-f' Q' ` fe' °
nn ce,- oa3oo-
SECTION OU304
FiSCAL YEAR 2022- 23 ROAD h1AINTENA1 iCE AND REBABILITATION BID PRdPOSAL FOEL4IS CIP PS 22a5
BID ALTERNATE 1: BIZZIBE ST./ WARFIELD DR
C
DESCRIPTION QUANTITY UNiTS
UNIT EXTENDED
1TEM PRICE TOTAL
1 Traffic Cantrol i LS 64,000. 60,000. 00
2 Lower and Raise Manhole Covers I S EA •
3 Lower and Raise Vatve Covers 13 HA rZ d'• d
4 Lower and Raise Monument Covers 10 EA 2,000.00 2d,000.00 5 Remove Existing Therrnoplastic Markings
1 LS 3,5. 00 3, 500. 00 and Stri in
6 Grind Out Pavcment to 0. 2' Depth and
17 930 S' 0.40 47, 172. 00
Di ose
7 Place NMA 0' Depth, Single Lift 1,' 750 TON 1' z 2d8`. fl.00 g '
i' hermopiastic Striping- Caltrans Std. Pln.
8j LF 2.40 2,04Q. 00
A20, Detail 22
9 Thermoplastic Striping- 12" White
3 4. 00 1, 224. QQ
Yellow Line
10 Thermoplastic Markings( STOP) 17 EA 14fl• 2 380. 04
1 I tnstall Blue RPM @ Fire Hydrant 7 EA
TOTAL BID ALTERNATE 1: S
4 fl91 fl
TOTAL BID ALTERNATE 1 IN WORDS: Four Hundred Thirty Four Thousand Ninety One Dollars and Zero Cents BID ALTERNATE 2: SUZIE O. LN.! ORLANDO LN./ EASY ST./ EASY CT./ HUNEY PL./ ARIES PL,! EASY ST./ AZTEC LN.! MINGO WY.
gi
D SCRIPTION QUAIVTITY UN1TS
UNIT EXTENDED
ITEM PRICE TOTAL
1 Traftic Contral 1 LS fi5, Q00. 00 65, . 00
2 Lower and Raise Manhole Covers 18 EA
3 Lower and ttaise Valve Cavers 3 EA 1, 700.OQ 5,10Q.40 4 Lower and Raise Monument Covers 7 EA •
5 Grind Out Pavement ta Q. 2' Depth end
34, 523 SF 0• ' ' 3qg ' 61
Dis se
6 P1ace HMA @ O: l' Dtpth, 5ingle Lift 2, U00 TON 140. 00 28Q, OOO. UO Thermoplastic Striping- Caltrans Std.
g50 LF 2.40 2, 040. 00
Pin. A20, Detail 22
8 Thcrmoplastic Striping- 12" whi e
306 LF aA0 1, 224. 00
Yellow Line
9 Thermoplastic Markings( STOP) 17 Ep 140. 00 , .
10 Install Blue RPM Q Fire Hydrant 6 EA 10. 00 60. 04
043Q0- 3
SECTION U030U
FISCAL YEAR 2022- 23 ROAD 4tAlNTENANC AND R HASIGfTATiOv ID PROPOSAL FORMS CiP PS 22- 45
TOTAL BID ALTERNATE 2: S a s. 191. 65
TOTAL BID ALTERNATE 2 IN WORDS: Four Hundred Seventy Six Thousand Oae Hundred arid Ninety One Dollars ared i y ive Cents
BID ALTERNATE 3— PRAIRIE bUNES DRN
BID
DE5CRIPT[ ON QUANTITY UNITS
UNIT EXTENDED
ITEM PRICE TOTAL
1 Traffic Control 1 LS 60,000.00 60,000.00
Lower and Raise Manhole Covers 2 A
3 l. ower and Raise Valve Covers 3 EA 1 7p , p 5 10QA0
4 Lower and Raise Manument Covers 2 EA 2,0• 4,OOQ. 00
5 Grind and Stock ile AC Pavement 269 CY
6 Excavate Road Bed 895 CY 60.00 68; 9@:OD 3" 1 6. d
7 Impart 1 Place 5tackpiled Pavement
Grindin s 269 Cy 150. 00 A0, 350. 00
8 Place A re ate Base 940 TONS 7 600. 00
9 Place HMA 4" be th' Z Lifts 725 TONS 150. 00 108,750.00 10 Thermoplastic Striping- Caltrans Std.
Pln. A20, Detail 22 200 LF
2.40 480. OQ
1 Thertnoplastic Stripin- 12" White Stop 4.pp 288. Q0
g 72 LF
Thermo lastic Markin s( STOP) 2 p
140. 00 280. Q0
13 Install Blue RPM @ Fire Hydrant 2 EA p. p 20.00
TOTAL BID ALTERNATE 3:$ 345, 303. 00
TUTAL BID ALTERNATE 3 iN WORDS: Three Hundred F Five 7' hoy d Thrae H ndred an! Three Dollars and Zero Cents
00300- 4
sECTioN oo3ao
FISCaL YEAR 2022- 23 ROAD MAIN`I' E1 ANCE Al' D REHASILITATION 81D PROPOSAL ORl iS CIP PS 22- 45
INFORMATION REOUIRED C!F BIDDER
The Bidder( Contractor) shall furnish the following information. This information is considered essentiai in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a carefui study of inethods applicable to ihe work and full realization of the various factors which may affect the progress of the work. Failure to comolv with this reauirement may render the Bid non- responsive and may,cause its reiection. Additional sheets shall be attached as required.
BIDDER' S INFORMATION
1} Bidder' s name and address:
George Reed, Inc.
140 Empire Avenue
Modesto, CA 95354
2) Bidder' s telephone number: 209) 523- 0734
3) Bidder' s fax number: 209} 523- 4313
4) Bidder' s Contractor' s License( Class): A, B, C12, C2' i, C32 License No.: 211337
Expires: M y 31. 2023
5) Person who inspected site of proposed wark for Contractor' s firm:
Name: Adam Hanson Date af Inspecti n: 7 26 22
5} List 3 projects of a nature similar to this projecE:
Project Contract Name, Address and
Frice Tele hone Number of Owner
10- 1J1604 Construction on State CaiVarts DOT
GRI Jab No. 20- 5U2 I- NYY 132 in Stanislaus Gounry S3, 086, 325 26 1727 30ih Sfreet, Sauamenta, CA 9581fi near VYateAord g16} 227-8235
ScenEc dve Pavement RehabNitaifon
s. g, 131. 54 City oi Modesio
e __ . ,,.
GEti, Sab No 21- 70 1U10 Tenth Street, Suiie a100, Modesto, CA 95354 ' 209 577-5281
South River Road Rehab & Guarcfrail g3, 818, 211. 77
of YOb
Replacement Project HSIPI- 5922( 155) 292 West 8eamer Street, Woodland, CA 95645 GRi Job NU. 21- 723 nty W xic Qrder No. 461514618 530) 668-8T75 003UU- 5
SECTION 0030U
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHABILITATION BID PROPOSAL FORMS CIP PS Z2- 45
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of une percent of the Contractor' s Total Bid Price, and shall alsa list the portion of the WORK which wilt be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the apening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing af more than one subcontractor for each item of work to be performed with the words" andlar" will nat be germitted.
Failure to comply with this requirement may render the Bid non-responsive and may cause its rejection. Should the Contractor pravide a bid that daes not require a subcantractor, the Contractor shall note that on this page by writing" Not Applicable" in the list below.
Subcontractar
License Percentof
Work to be Performed Number Total Contract Subcontractor/ Address/ Fhone l. Grindin 256390 2% Anrak Cor ., Sacramenta,CA
916-383-5030
2. Striping 37460fl 10. 3% hrisp Company, Stockton, C
9- 4 - 1 5
3. Micro Surfacin 943792 3. 4°lo American Pavemenf S stems odesto, CA, 209- 522-2277
4. Tack 705296 1. 4% Pacific Northwest Oil,
Stoc[cton, CA, 209- 463- 4762
5. 6.
Note: Attach additianal sheets if required.
00300- 6
s criorr ooaoo
FISCAL YEAit 2022- 23 ROAD bIAtNTENA3YCE AND REHABILITATION BId PROPOSAL FORhIS CiP PS 22- t5
ADDENDA
Bidder certifies he reviewed ARC Stockton' s Plan Well far addenda within 48 haurs of bid opening and acknowledges receipt ofthe following addendum ( addenda):
Respectfully submitteci,
O7l27/ 22 Gearge Reed, Inc.
Dated Legal Name of Firm
Signature ofAuthorized Representative
Ed Berlier, Vice PresidenUGenerai Manager
Seal}
If Bidder is a corporation, show State in which incorparated.) a Califomia Corporation
The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:
NOTtCE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
Mar aret Reed - President Geo e Reed, Inc,
Ed Berlier, Vice President/ Generat Manager 140 Empire Avenue Rosie R. Martinez- Secretary/Treasurer Modesto CA Q5'. ri4,.
Luke de Ga - Chief Financial Officer
00300- 7
SECTION 00300
FISCAL YEAR 2022• 23 ROAD ASAINTEHANCE AND RENABILITATIOAi BiD PROPOSAL FORMS CIP PS 22- d5
BIDDER' S BUND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE Georae Reed, Inc.
as PRINCIPAL, and Western SuretV Company
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 1Q%) OF TFiE TOTAL AMO[ JNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment ofwhich surr in lawful money of the United States, well and iruly tfl he made to the City ofLathrop ta which the bid was submitted, we bind aurselves, our heirs, executors, administrators and successors, jointly and severally, ftrmiy by those presents. In no case shalt the liability of the surety hereunder exceed the sum of Ten perCerlt Of arl1ou[ tt bid { 10% Of emt bld)
THE CONDITIQN OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which hids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, CA: Fiscal Year 2022- 23 ROAD MAINTENANCE AND REHABILITATION, CIP PS 22- 45.
NOW, THEREFORE, if the Principal is awarded the contract and within the tirne and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written conFract in the prescribed form, in accardance with the bid, and files two bands wiih the City, ane to guarantee faithful performance, and the other to guarantee payment for labar and rnateriais as required by law, then this obligation shall be null and void; otherwise, it shait be and rernain in futI force,
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 22nd day o' JuIY 2022.
George Reed, Inc. Western Surety (' ornparty
Seat) Sea1)
Seal) B Seal)
Ed Berlier, Vice President) G. M. Dor n een, 8 - tl'1- F Address: 40 Em Avenue Ad s: 910 Pleasant Grove 120- 347 Modesto CA 95354 „ RDsevilie CA 95678
NOTE: Signatures of those executing for the surety must be proper(y acknowledged.
OQ300- 8
CALIFORNtA JLLL- PURP03E ACKNOWLEOGM6NT CM CODE§ 1188
A notary pubHc or otfter otflcer completlng this ce cste veri fes only the( dendty of the individual who si ed tl e docurrterrt ta whk. h this oertiflcate is attactted and rwt the acaxacY or vaAdity of that doc imer t State af Catifomla
County of Ventura
or before me, Nancv Alicia Shiffer. Notary Pubfic
Date Heris lnsert Name and TftJe of fhe Ofhcer
person lly appeared Doreen Green
Name( sj of SJgner( s}
who proved to me on the basts of satlsfactary svidence to be the person( whose neme( is/ara subsc ibed ta the withln Instnament and acknowisdged to me that be/st e/ a executed the seme in i3is/ hed# authorized capacity ee}, and that by wislherlt eifsignaturo( on the ir auument ths person(¢. or the enttty upon behatf of which the person() scted, exacuted the instrument.
I certify under PENALTY OF RERJUAY under fhe laws
of the State of Califflmia that the foregoing paragreph Is true and correct.
WRNESS my hend an fficial seel.
t1ANCYALKfASNIFFER
Nat ry Oublfc• GHtornka
Yenturt Caunty Si ttlf8
Cammission M 2335400 Slgns of ry Publfo
My Comm. Expires Gct 13, 242
Plece Notary Sea! A6ove
OPT/ ONAL
Though ihis sectlon Is optionel, compJetfng thts Informadnn cart deter eltsratTan af the docurnent or fraudulent reattachment of thls form to en unlntended documeni.
Descripti of Attached Document
TiUe or Type of Document: Docume t Date:
Number of Peges: Slgner( s) Otlt Than Named Above: none Capacity( les) Claimed by Signer{s}
Signer' s Name: Doreen Green Signer' s Name: 1a
Corporate Ofticer— Tiiie( a): Carporate Officer— Tftle( sj:
Partner— UmEted O Cieneral P rMer— t Umfted O Generst
O Inciivldual Attomey in Fact O IntfivEdual O Attomey in Fact Trustee Guardian or Cor ervator D Trustee uar sn ar Gonseroator Other. O ther:
Slgner Is RepreseRting: Signer ts Representing:
O20i4 Nadonal Notary Assacietlon• vwuw. Nat n Notery. org• 1- 8- US NOTARY( 1- 60d- 876- 6827 Item N59Q7 Wes ern Surety Compyan
Wi. it pi A7" TORNEY APPQINTING INDIVIDUAL ATTORIYEY- IN-FACT t nim, lq fre li•' 1'hrse Psnratx.' 11wt WES!'EIW SUREl'Y COMPANY. South Dakota oaporatioa, is a d lp arg ized and aastimg tarp mtion Ilitlpl: 11( MNMIjM) 1' C NI( Ill'' ky N' Sinux Falls. and State oFSoWh psl.rota, and tfret it daes by viRue of tlrc si nalvrc and se l ba in+a( Y'ucw! h rb. m: c. r x xtnulr a d a{ pa+int
1} nrcen Grrrn, [ ndividuaIly .
uftba arJ.(: A, hs uua and lawlid Aqorney( s} in-faet whh full powrr d autboriry heneby coafeired tn siga, saai ead exaute tor aitd oa its behalf.bunds undrrinL-iagx ma! othrr ubligalwy instruments oF similarnamre t UAT11ZIltBt AII10[ III S—
and to bitM) it WeKby as Pully and to lhe seme extent as ifsuch instnements vvere sigaed by a duty auttwrized ot1'rcer oftbe corporatiai and all tEie acts olsaid AtWmey. PeaSumu to thc awhoriry hercby pjvea a hereby ta ihed and confitmed.
This Power ot Aetamey Ls made and pceeuted putsuaat to and yy a tho ty of Ihc By-Law printed on the reycrse l teoC duly adopted, s indipued, by Ihe stureholders of tlu eocpaetipn, In Witnas Whereof. WES7' ERtd SURETY COMPANY has croe sed tlnse praents to be s gned by its$ eni yia pnsident and its caporace see) to be i ueto afi'acat on this 51h day of February. 20I0.
WESTERN SURETY COMPANY
o y
r
SEA' pu
k OI,
Peui . Btufiet, Seetor Yce Ptrsident
Statc of Sooth Dakota
ss
Caunty ofMianehaha
On this Sth day af t ebnmry. 2010, befo me personally came Pau! T.$ ruflat, to me krrovnt, wiio, beiag by me dttly swom, did depoae and say. Ihat he rcsides in 1he City uf tiicmx l aFh, State a{ South Dak a; that he k Ibe Sa ior Via Pn:s{dent of WES1'SRN SUREfY COMPANY desuibed in uid whieh executcd fl a6urre instrunn.nu; U 6e l;nows the seat oCsdd caporaL'on; d,ac t!u sal ti-uctd a tl e said insuumeot is such corpotatc sal; that ic was so att'tzed pursusnt to euthnrity iv n by Ihe Ooan! oF Directon of said cotporation Lsd thM he s gnod his name theroto pprsuent p p'Gz torj y and aclatowledges sama to lu thc act aaJ deed ofsaid corpoTatiaa.
My commtssion txptrcs j ti ti' rKhtiti5rhtiltitititititititiy s D. KRELL r Novunbet 30, 2412 NOTAqV ptlgt, c i
e'Y'/ SOU7H tlAKOTA i
tititihtihti4ti Vtitirtitititiwti 4y
D. Krtll, N Public
CERTIFICATE
L Nelson, Assiswnt SccrWary uP Wt:S"t1•.1tN SURL•7Y COMPANY do hereby cwtify tf the Power of Attomry haein rove ut nh is stig in fora. and furtha c ttCy that tlu: qy.l. ow uf lhn enr
uratiuns lhe vax hcreofis sd1I[ n fora. In testimony whamfl heve haam c wbscribed my name and alT c! 1hc seal of thc seid axpotpti m this ds (' w '' 1 6l'
WESTERN SURETY COMPANY
acn
Fam uo-a9aa L. Nds, Ass nne 8ec a ry
SEC' fI N OQ300
FISCAI. YEAR 2022- 23 ROAD MAINTENANCE AND REHABIL[ TAT10N BID PRUPOSAL FOIiMS C1P PS 22- 45
NONCOLLUSIUN AFFIDAVIT
STATE OF California
ss.
COUNTY OF Stanislaus
Ed Berlier being first duly sworn, deposes and says that he or she is ce PresidenUG. M. flf Georne Reed, Inc. the party making the foregoing bid that tFre bid is nat made in the interest af, or on behalf af, any undisctosed person, partnership, company, association, organiaation, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder ta put in a false or shasn bid, and has nat directly or indirectly coltuded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, ar that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or canference with anyone to fix the bid price ofthe bidder or any other bidder, or ofthat af any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements cantained 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 che contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, campany associated, organization, bid depository or to any member ar agent thereof to ef' ectuate a collusive or sham bid.
Signature of President, Secretary;
Manager, Project Manager or Representative
Ed Berlier, Vice PresidentlG. M.
The County oF
State af
Subscribed and swarn to( or affirmed) befare me
on this day of by
Se.e. c, utar. t
proved to
me on the basis of sati ctory evidence to be the
person( s) who ap red before me.
Seal
gnature
00300- 9
CAlJFO IU1 JI AT W17H AFFlAM' STAT& MENT GOVERNMENT Ct DE§ 82Q2 See Attached Document( Notary to cross out lines 1- 6 belaw) C See Statemerrt Below( Lines 1- 6 to be completed onty by document signer[ sJ, not Notary) Signat ra of Document Signer No. 1 Signature of Documani Signer No. 2{'if any) A rmtary publ or other of c complating this certi icate veriEes only tl e ide tity af the i dividual who signed the document to which this certificate is attac ed, and not the buthfWness, acc acy, ar valiidity of that document.
State of Califomia Subscribed and swom to ( or affirmec before me County of Stanislaus
on this 2T day of . ulY 20Z2 .
bY Date Month Year
1} Ed Berlier
d ()
CMRISTOPkER ALAt7 Ht17' I N
N8R7B{ SJ O/ S19t19/( S
Notary Publ( c• Gllfarnla
Svofslaus County i
Camntss on 3sz e5 proved to me on the basis of satisfactory evidence My Comm. f
pires Nov 4, zo23 to be the person() who appeared before me.
J .,.
Signatur
Sisnature of Nofary PuWic
Christopher Alan Hutton, Notary Public
Seat
Place Not try Saal Above
OPTIONAL
Though this sectfon is optional, campleting thls informa ion can deter alteration merrt or fraudulent raattachment of this form to an unin menk
Description of Attached Dacumerrt
Title or Type of Documen Document Date:
Numbe SigneKs) Other Than Named Above:
2014 National Notary Assxiation• www. NationatNotary. g• 1- 8Q0- US NOTARY( 1- 800- 876- 682 Item# 5910 sECT oN oa3oa
FISCAL YEAR 2022- 23 ROAD MAINTENANCE AND REHASILITATION BID PROPOSAL FOI2MS CIP PS 22- AS
PUBLIC CONTRACT CODE SECTIQN 10162 QUESTIONNAIRE
In accordance with Public Contract Code Sectian 10162, the Bidder shal{ complete, under penalty of perjury, the following questiannaire:
Has the Bidder, any officer ofthe Bidder, or any emptoyee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or tocal government project because of a violation of law or a safety regulation? Yes Na XX
fthe answer is yes, explain the circumstances in the follawing space.
PUBLIC CO TTRACT SECTION 10232 STATENIENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, ti at no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year periad because ofthe Contractor' s failure to comply with an order af a federa! court which orders the Contractor to comply with an order of the National Labor Relations Board.
N TE: The above Stacement and Questionnaire are part of the Proposal. Signing this proposat on the signature portion thereof shall a{ so constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
END F SEC770N)
00300- 10
ATTACHMENT C
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FY 2022/ 23 ROAD MAINTENANCE & REHABILITATION PROJECT
N
CIP PS 22- 45
PROJECT LOCATION MAP
N. T.S.