ITEM 4. 15
CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CAPITAL IMPROVEMENT PROJECT PS 23- 04
FOR THE JOHNSON FERRY STREETLIGHT
INSTALLATION AND APPROVE RELATED BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution Approving the Creation of Capital Improvement Project, PS 23- 04 .7ohnson Ferry
Streetlight Installation and Awarding a Construction
Contract to Bockmon & Woody Electric Co. Inc., and
Related Budget Amendment
SUMMARY:
The City received numerous complaints from residents about limited street lighting on Johnson Ferry Road. A photometric analysis was conducted and Johnson Ferry Road was identified as a street needing three ( 3) additional streetlights. The Capital Improvement Project ( CIP) PS 23- 04 Johnson Ferry Road, Streetlight Installation proposes to install three ( 3) decorative streetlights on Johnson Ferry Road.
The bid solicitation package for the construction of the project was advertised on July 15, 2022 in accordance with Informal Bidding Procedures in CA PCC 22032 ( California Uniform Public Construction Cost Accounting Act) and Lathrop Municipal Code ( LMC)
3. 30. 060 and 3. 30. 070.
Public Works received and opened three ( 3) bids on July 27, 2022. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the project was determined to be Bockmon & Woody Co. Inc., with a bid of $ 63, 750.
Staff is requesting City Council approve the creation of Capital Improvement Project CIP) PS 23- 04 and award a construction contract to Bockmon & Woody Co. Inc. for the installation of three ( 3) streetlights at Johnson Ferry Road for $ 63, 750. Staff also requests City Council authorize a 15% contingency of $9, 563 for a total construction cost not to exceed $ 73, 313.
Staff is also requesting City Council approve a budget amendment transferring 66, 000 from the Mossdale Landscape and Lighting Capital Replacement Fund and 9, 000 from the Mossdale and Lighting CFD Operating Fund 2580 to the Streets CIP Fund ( 3310) to support the construction costs.
BACKGROUND:
The City received numerous complaints from residents about limited street lighting on Johnson Ferry Road. A photometric analysis was conducted and Johnson Ferry Road was identified as a street needing three ( 3) additional streetlights.
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 04 FOR THE OHNSON FERRY STREETLIGHT
INSTALLATION AND APPROVE RELATED BUDGET AMENDMENT
City staff prepared the plans and technical specifications. The informal bid solicitation package for the Johnson Ferry Streetlight Installation project was advertised on July 15, 2022, in accordance with Informal Bidding Procedures in CA PCC 22032 and LMC
3. 30. 060 and 3. 30. 070. Three ( 3) bids were received; bids were determined to be responsive and responsible.
The bid results are summarized in Table 1 below:
Tab/ e 1: Summar of Bid Resu/ ts
Contractor Total Bid
Bockmon & Wood Electric Co. Inc. 63, 750
Pacific Excavation Inc. 69, 859
Tenn son Electric Inc. 77, 265
Staff reviewed and evaluated the bids and determined that the lowest responsive and responsible bidder is Bockmon & Woody Electric Co. Inc. Staff requests City Council adopt a resolution awarding a construction contract to Bockmon & Woody Electric Co.
Inc. for $63, 750, authorize a 15% contingency of$ 9, 563 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 73, 313.
The scope of work to be performed under this contract is generally described as the installation of ( 3), 16' decorative poles with three ( 3) new LED decorative top fixtures already purchased by the city, construction of pole foundations, sidewalk panel demolition and restoration, horizontal boring, conduit run and cable splicing from existing pull box to the three new street lights.
REASON FOR RECOMMENDATION:
The proposed project will install ( 3) three already purchased streetlights on Johnson Ferry Road, which will alleviate resident concerns and will substantiate conformance with the photometric analysis conducted.
FISCAL IMPACT:
Staff is requesting that City Council approve the creation of CIP PS 23- 04 Johnson Ferry, Street Light Installation, award a construction contract to Bockmon & Woody Electric Co. for $ 63, 750, 15% contingency for $ 9, 563 for a total contract amount not to execeed $ 73, 313.
Sufficient funds were not included in the adopted Fiscal Year 22/ 23 budget.
Therefore, stafF is requesting a budget amendment transferring $ 66, 000 from the Mossdale Landscape and Lighting Capital Replacement Fund 2610 and $ 9, 000 from the Mossdale and Lighting CFD Operating Fund 2580 to the Streets CIP Fund ( 3310) as follows:
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 04 FOR THE JOHNSON FERRY STREETLIGHT
INSTALLATION AND APPROVE RELATED BUDGET AMENDMENT
Decrease A propriations
2580- 5064- 420- 75- 00 9, 000
Increase Transfer Out
2580- 9900- 990- 90- 10 9, 000
2610- 9900- 990- 90- 10 66, 000
Increase Transfer In
3310- 9900- 393- 00- 00 PS 23- 04 75, 000
Increase Expenditures
3310- 8000- 420- 12- 00 PS 23- 04 75, 000
ATTACH M ENTS:
A. Resolution Approving the Creation of Capital Improvement Project, PS 23- 04 Johnson Ferry Streetlight Installation and Awarding a Construction Contract to Bockmon & Woody Electric Co. Inc., and Related Budget Amendment B. Construction Contract with Bockmon & Woody Electric Co. Inc. for CIP PS 23- 04 Johnson Ferry Streetlight Installation
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 04 FOR THE 70HNSON FERRY STREETLIGHT
INSTALLATION AND APPROVE RELATED BUDGET , AMENDMENT'
APPROVALS:
n,, g/ / B aCarlos Carrillo Date
Management Analyst II
g zs 22-
Ken Reed Date
Senior Construction Manager
a c Zazz
Cari James Date
Director of Finance
8• 2y • ZC2Z
Michael King Date
Assistant City Manager
Z, 0 LL
Salvador Navarrete Date
City Attorney
9•lo• ZZ
Step en J. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING
A CONSTRUCTION CONTRACT TO BOCKMON & WOODY ELECTRICAL
COMPANY INC. FOR THE JOHNSON FERRY STREETLIGHT INSTALLATION
PROJECT AND RELATED BUDGET AMENDMENT
WHEREAS, on July 15, 2022, Public Works staff advertised the Johnson Ferry Street light Project utilizing the Informal Bid Solicitation procedure; and WHEREAS, City staff prepared and distributed the plans and technical specifications for informal bid solicitation on July 15, 2022 in accordance with Informal Bidding Procedures in CA PCC 22032 ( California Uniform Public Construction Cost Accounting Act) and LMC 3. 30. 060 and 3. 30. 070; and WHEREAS, a total of two ( 3) bids were received and opened by Public Works Staff on July 28, 2022; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Bockmon and Woody Electric Co. Inc.) With a bid of $ 63, 750; and
WHEREAS, staff requests City Council award a construction contract to Bockmon and Woody Electric Co. Inc. in the amount of $ 63, 750 for the construction of the Johnson Ferry Streetlight Installation Project; and WHEREAS, staff also requests Council authorize a 15% construction contingency in the amount of $ 9, 563 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 73, 313; and
WHEREAS, funds will need to be allocated to cover the cost of $ 73, 313 for the Johnson Ferry Streetlight Installation project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to Bockmon and Woody Electric Co.
Inc. for the Johnson Ferry Streetlight Installation for an amount not to $ 73, 313; and BE IT FURTHER RESOLVED that the City Council of the City of Lathrop does hereby approve a 15% contingency in the amount of $ 9, 563 for a total cost not to exceed $ 73, 313 for the construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project.
Increase Transfer In
3310- 9900- 393- 00- 00 PS 23- 04 75, 000
Increase Expenditures
3310- 8000- 420- 12- 00 PS 23- 04 75, 000
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the creation of Capital Improvement Project ( CIP) PS 23- 04 ] ohnson Ferry Streetlight Installation and award a construction contract to Bockmon & Woody Co. Inc. for the construction of the proposed project for $ 63, 750 plus a 15% contingency for $ 9, 563 for a total cost not to exceed $ 73, 313 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 budget amendment transferring funds from the Mossdale Landscape and Lighting Capital Replacement fund ( 2610) and from the Lighting CFD Operating Fund ( 2580) to the CIP Project Fund ( 3310) as detailed above.
The foregoing resolution was passed and adopted this 12th day of September 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
JOHNSON FERRY RD. STREETLIGHT INSTALLATION
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT
CONTRACT
This Contract, dated September 12, 2022, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Bockmon & Woody Electric Co., 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 Johnson Ferry Road Street light Installation ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to the installation of ( 3) 16' decorative poles with three new LED decorative top fixtures already purchased by the city, construction of pole foundations, sidewalk panel demolition and restoration, horizontal boring, conduit run and cable splicing from existing pull box to the three new street lights.
The work shall be completed within 20 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: 63, 750. 00( Sixtv- Three Thousand Seven Hundred Fiftv Dollars)
3. Construction Documents. This Contract shall include the Construction Documents, which 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 Bockmon & Woody Electric Co., Inc. on July 26, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the 00500- 1
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project. Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf.
Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or 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.
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 00500- 2
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and 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 perfarmance 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.
00500- 3
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JOHNSON FERRY RD. STREETLIGHT INSTALLATION
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor. The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: ( i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates 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 farms 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 00500- 4
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JOHNSON FERRY RD. STREETLIGHT INSTALLATION
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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.
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 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 Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder; 4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City.
00500- 5
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 nt. 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 b,v 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 00500- 6
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CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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
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: Seniar Construction Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
Miscellaneous
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.
3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority.
6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 00500- 7
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JOHNSON FERRY RD. STREETLIGHT INSTALLATION
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION 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.
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 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 00500- 8
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JOHNSON FERRY RD. STREETLIGHT INSTALLATION
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 USC 1368), 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 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 of the Notice to proceed. 23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties far 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 ofinsurance, performance and payment bonds, and worker' s compensation certification shall befurnished to the City by the Contractor after City Council' s approval with resolution. 00500- 9
SECTION 00500
JOHNSON FERRY RD. STREETLIGHT INSTALLATION
CUPCCAA INFORMAL BID SOLICTTATION CONSTRUCTION CONTRACT 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 Kinn, . ssistant City 147ana er
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
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