ITEM 4. 16
CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO ODYSSEY
LANDSCAPING, INC. FOR MOSSDALE IRRIGATION &
LANDSCAPE IMPROVEMENTS, CIP GG 20- 19, AND
LOUISE AVE & LATHROP RD LANDSCAPE
IMPROVEMENTS, CIP GG 21- 15, AND APPROVE
BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding Construction Contract to Odyssey Landscaping, Inc. for the Mossdale
Irrigation and Landscape Improvements, CIP GG 20-
19, and Louise Ave & Lathrop Rd Landscape
Improvements, CIP GG 21- 15, and Approve Budget
Amendment
SUMMARY:
Over the past few years, the City has taken steps to improve major arterials including Louise Avenue, Lathrop Road and Golden Valley Parkway. These improvements are needed to accommodate development, reduce traffic congestion, increase safety and quality of life benefits. The final phase of these improvements is the installation of landscaping which includes palm trees with uplighting in the medians, accent trees, drought- resistant shrubs and groundcover.
On December 9, 2019, City Council approved the creation of Capital Improvement Project ( CIP) GG 20- 19, Mossdale Irrigation and Landscape Improvements to allow for more efficient use of recycled water and reduce the long- term operations and maintenance costs.
On May 9, 2021, City Council created CIP GG 21- 15 Louise Avenue and Lathrop Road Landscape Improvements to provide landscape improvements to the medians.
Bids for the construction of landscape improvements for both projects ( Project) were solicited in one document for increased efficiency and lower construction costs. The bid solicitation for the construction of the Project was advertised on August 10, 2022 in accordance with California Public Contract Code 22032 and the Lathrop Municipal Code Section 2. 36. 060.
A total of five ( 5) bids for the Project were received and opened by the City Clerk on September 1, 2022. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the landscape was determined to be Odyssey Landscaping Company, Inc. ( Odyssey), with a bid of $ 2, 715, 291. 89.
Staff is requesting City Council award a construction contract to Odyssey for the construction of landscape improvements for both CIP GG 20- 19, Mossdale Irrigation and Landscape Improvements and CIP GG 21- 15, Louise Avenue and Lathrop Road CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ODYSSEY LANDSCAPING, INC. FOR MOSSDALE IRRIGATION & LANDSCAPE IMPROVEMENTS, CIP GG 20- 19, AND LOUISE AVE & LATHROP RD LANDSCAPE IMPROVEMENTS, CIP GG 21- 15,
AND APPROVE BUDGET AMENDMENT
Landscape Improvements in the amount of $ 2, 715, 292. Staff requests City Council authorize a 15% construction contingency of $ 407, 294 for a total cost not to exceed 3, 122, 586.
BACKGROUND:
On December 9, 2019, City Council approved the creation of CIP GG 20- 19, Mossdale Irrigation and Landscape Improvements to construct landscape and irrigation improvements in the medians and west side of Golden Valley Parkway' s streetscape from River Islands Parkway to Towne Centre Drive. The primary improvement of this project is the upgrade of existing recycled water irrigation equipment and plant materials, as improvements to those components over the 12 years since installation will reduce staff maintenance time and improve water use efFiciency. Other improvements include varied surfacing including wet- set cobbles, artificial turf and decomposed granite, palm trees with uplighting, evergreen and deciduous street trees, shrubs and groundcover.
On May 9, 2021, City Council created CIP GG 21- 15 Louise Avenue and Lathrop Road Landscape Improvements to provide landscape improvements to the medians.
Improvements include irrigation, varied surfacing including wet- set cobbles, artificial turf and decomposed granite, palm trees with uplighting, deciduous street trees, shrubs and groundcover. Subsequent to the creation of CIP GG 21- 15, the segment of Lathrop Road from Cambridge Drive to Fifth Street was added to the project scope for the construction of inedian landscape improvements matching those planned for construction on Golden Valley Parkway ( CIP GG 20- 19) and Louise Avenue ( CIP GG 21- 15).
City staff prepared the technical specifications and KLA, Inc. prepared the landscape improvement plans. The bid solicitation package for the construction of the Project was advertised on August 10, 2022 in accordance with California Public Contract Code 20160 and the Lathrop Municipal Code Section 2. 36. 060.
A total of five ( 5) bids for the Project were received and opened by the City Clerk on September 1, 2022, all determined to be responsive and responsible. The bid results are summarized in Table 1 below:
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ODYSSEY LANDSCAPING, INC. FOR MOSSDALE IRRIGATION & LANDSCAPE IMPROVEMENTS, CIP GG 20- 19, AND LOUISE AVE & LATHROP RD LANDSCAPE IMPROVEMENTS, CIP GG 21- 15,
AND APPROVE BUDGET AMENDMENT
Tab/ e 1: Summary of Bid Resu/ ts- CIPs GG 20- 19 & 21- 15 Landscape Project Contractor Total Bid
Od sse Landsca in Com an , Inc. 2, 715, 291. 89
WABO Landsca e & Construction, Inc. 3, 258, 241. 35
Marina Landsca e, Inc. 3, 753, 820. 50
McGuire and Hester 4, 063, 640. 73
Bri htview Landsca e Develo ment, Inc. 4, 271, 508. 00
Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Odyssey Landscaping Company, Inc.
Odyssey), with a bid of $ 2, 715, 921. 89.
StafF is requesting City Council award a construction contract to Odyssey for the construction of landscape improvements for both CIP GG 20- 19, Mossdale Irrigation and Landscape Improvements and CIP GG 21- 15, Louise Avenue and Lathrop Road Landscape Improvements in the amount of $ 2, 715, 292. Staff requests City Council authorize a 15% construction contingency of $ 407, 294 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 3, 122, 586.
REASON FOR RECOMMENDATION:
The improvements on Golden Valley Parkway ( CIP GG 20- 19) will reduce the City' s maintenance and irrigation costs due to improved use of recycled water and drought resistant landscape of varied surfaces and colors.
The improvements on Louise Avenue and Lathrop Road ( CIP GG 21- 15) will improve the aesthetics of this gateway to the City, making the City more attractive to residents, visitors and developers.
The median landscape improvements for all three roads will be similar, providing design unity and consistency for arterial streets.
FISCAL IMPACT:
Staff requests City Council award a construction contract to Odyssey in the amount of $2, 715, 292 and authorize a 15% construction contingency of $407, 294, for a total cost not to exceed $ 3, 122, 586.
Sufficient funding was not included in the adopted Fiscal Year ( FY) 2022/ 23 Budget.
Table 2 - Summary of Project Funding and Costs, below, provides more information:
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ODYSSEY LANDSCAPING, INC. FOR MOSSDALE IRRIGATION & LANDSCAPE IMPROVEMENTS, CIP GG 20- 19, AND LOUISE AVE & LATHROP RD LANDSCAPE IMPROVEMENTS, CIP GG 21- 15,
AND APPROVE BUDGET AMENDMENT
Table 2: Summary of Project Funding and Costs
PROJECT
COMPONENT CIP FUND GG 20- 19 CIP FUND GG 21- 15
Landscape 1, 288, 137. 71 1, 427, 154. 18
Contingency ( 15%) 193, 220. 66 214, 073. 13
Totals 1, 481, 358. 37 1, 641, 227. 31
Funds Available 454, 900. 00 666, 097. 00
FUNDS NEEDED 1, 026, 458. 35 975, 130. 00
Staff request City Council approve budget amendments transferring $2, 001, 589 from the Streets Reserves Fund ( 1010) to the General CIP Funds ( 3010) as follows:
Decrease Street Reserves
1010- 251- 03- 00 2, 001, 589
Increase Transfer Out
1010- 9900- 990- 9010 2, 001, 589
Increase Transfer In
3010- 9900- 393- 0000 GG 20- 19 1, 026, 459
Increase Expenditures
3010- 8000- 420- 12- 00 GG 20- 19 1, 026, 459
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 15 975, 130
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 15 975, 130
ATTACH M ENTS:
A. Resolution Awarding Construction Contract to Odyssey Landscaping, Inc. for the Mossdale Irrigation and Landscape Improvements, CIP GG 20- 19, and Louise Ave & Lathrop Rd Landscape Improvements, CIP GG 21- 15, and Approve Budget Amendment
B. Construction Contract with Odyssey Landscaping Company, Inc. for CIP GG 20- 19, Mossdale Irrigation and Landscape Improvements, CIP GG 21- 15, Louise Avenue Landscape Improvements
CITY MANAGER' S REPORT PAGE 5
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ODYSSEY LANDSCAPING, INC. FOR
MOSSDALE IRRIGATION AND LANDSCAPE IMPROVEMENTS, CAPITAL IMPROVEMENT PROJECT GG 20- 19 AND LOUISE AVENUE LANDSCAPE IMPROVEMENTS, CAPITAL IMPROVEMENT PRO) ECT GG 21- 15 AND APPROVE
RELATED BUDGET AMENDMENTS
APPROVALS:
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Steven Hollenbeak Date
Assistant Engineer
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K n Reed Date
Senior Construction Manager
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Cari Jam s Date
Director f Finance
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
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Stephen J. Salva ore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING CONSTRUCTION CONTRACT TO ODYSSEY LANDSCAPING, INC. FOR THE MOSSDALE IRRIGATION AND LANDSCAPE IMPROVEMENTS, CIP GG 20- 19, AND LOUISE AVE & LATHROP RD LANDSCAPE IMPROVEMENTS, CIP GG 21- 15, AND APPROVE BUDGET AMENDMENT
WHEREAS, on December 9, 2019, City Council approved the creation of Capital Improvement Project ( CIP) GG 20- 19 Mossdale Irrigation and Landscape Improvements to construct landscape and irrigation improvements in the medians and west side of Golden Valley Parkway' s streetscape from River Islands Parkway to Towne Centre Drive; and
WHEREAS, on May 9, 2021, City Council approved the creation of Capital Improvement Project ( CIP) GG 21- 15 Louise Avenue and Lathrop Road Landscape Improvements to construct landscape, landscape lighting and irrigation improvements; and
WHEREAS, bids for the construction of both projects were solicited in one document for increased efficiency and lower construction costs; and WHEREAS, City staff prepared and distributed the plans and technical specifications for formal bid solicitation on August 10, 2022 in accordance with California Public Contract Code 20160 and the Lathrop Municipal Code Section
2. 36. 060; and
WHEREAS, A total of five ( 5) bids were received and opened by the City Clerk on September 1, 2022; and
WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the landscape improvements was determined to be Odyssey Landscaping Company, Inc. ( Odyssey) with a bid of $ 2, 715, 291. 89; and WHEREAS, staff requests City Council award a contract to Odyssey in the amount of $ 2, 715, 292 for the construction of landscape improvements on Golden Valley Parkway ( CIP GG 20- 19), and for the construction of landscape improvements on Louise Avenue and Lathrop Road ( CIP GG 21- 15); and WHEREAS, staff also requests Council authorize a 15% construction contingency in the amount of $407, 294 and authorize staff to spend the contingency as necessary to construct the landscape improvements for a total cost not to exceed 3, 122, 586; and
WHEREAS, sufficient funds were not included in the adopted Fiscal Year 22/ 23 budget for the construction of CIP GG 20- 19 and CIP GG 21- 15; therefore, staff request City Council approve budget amendments transferring $ 2, 001, 589 from the Street Reserves Fund ( 1010) to the General CIP Funds ( 3010) as follows; and Decrease Street Reserves
1010- 251- 03- 00 2, 001, 589
Increase Transfer Out
1010- 9900- 990- 9010 2, 001, 589
Increase Transfer In
3010- 9900- 393- 0000 GG 20- 19 1, 026, 459
Increase Expenditures
3010- 8000- 420- 12- 00 GG 20- 19 1, 026, 459
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 15 975, 130
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 15 975, 130
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a contract to Odyssey Landscaping Company, Inc. for Mossdale Irrigation and Landscape Improvements, CIP GG 20- 19 and for Louise Avenue and Lathrop Road Landscape Improvements, Capital Improvement Project GG 21- 15 for a cost of $ 2, 715, 292; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency in the amount of $ 407, 294 for a total cost not to exceed $ 3, 122, 586 for the construction of these landscape improvements 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 approve a budget amendment transferring $ 1, 026, 459 from the General Fund Street Reserves Fund ( 1010) to the General CIP GG 20- 19 Fund ( 3010) for the construction o'f the landscape improvements on Golden Valley Parkway as detailed above; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 1, 641, 227 from the General Fund Street Reserves Fund ( 1010) to the General CIP GG 21- 15 Fund ( 3010) for the construction of the landscape improvements on Lathrop Road and Louise Avenue as detailed above.
The foregoing resolution was passed and adopted this 12t'' day of September 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO F RM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
j ..
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CO1viTRACT
CONSTRUCTION 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 Odyssey Landscaping Company, 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 Sco e of Project and Work. Construction Documents for MOSSDALE IRRIGATION AND LANDSCAPE IMPROVEMENTS, CIP GG 20- 19 and LOUISE AVENUE AND LATHROP ROAD LANSCAPE IMPROVEMENTS, CIP GG 21- 15.
Projects). 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 demolition, clearing & grubbing, grading, and construction of irrigation, landscape and lighting improvements, and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 80 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: $ 2, 715, 292— Two Million, Seven Hundred Fifteen Thousand, Two Hundred Ninety Two Dollars.
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the City Clerk 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 Odyssey Landscaping Company, Inc., on September 1, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 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 ariginal 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.
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION 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 farce 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 Com liance. 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 Subcontractars 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 Wark Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIlZ Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on-going obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 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) andl or Labor Code Section 1771. 1( d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CTTY' s obligation to: ( i) process any request far payment of any portion of the Contract Price; or( ii) to disburse any partion 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 CI'TY: ( 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, warker, ar other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll recards enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CTTY, 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 recards 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 SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 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 Section 00700 - S. IA.
1l. Representations and Warranties. In the supply of any materials and equipment and the rendering of labar 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. 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 infarmation 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 authoriry to enter inCo 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 SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 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. 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 by CitX. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project-related and Work-related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours 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.
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 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
209) 941- 7363
FAX: ( 209) 941- 7449
ATTN: Ken Reed, Senior Construction Manager
To Contractor: Odyssey Landscaping Company, Inc.
Mailing Address: 5400 W. State Highway 12 Lodi, CA 95242 Phone: 209. 369. 6197
Email:
ATTN: Keith Williams
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental autharity. 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 SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 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 or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions 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.
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE. L LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 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 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 autharity to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CTTY. 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.
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION CONTRACT 25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' s Submitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be fur-nished to the City by the Contractor after City Council' s approval with resolution.
SECTION 00500
MOSSDALE IRRIGATION& LANDSCAPE IMPROVEMENTS- CIP GG 20- 19 LOUISE AVE./ LATHROP RD. LANDSCAPE IMPROVEMENTS- CIP GG 21- 15 CONSTRUCTION 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 TO
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
B y:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
EXHIBIT" '
sec-• ioN ooaon
AfOSSDr1LE[ RRICATIOti& L INDSCAPE I IPROVEMEN' fS- CIP CC 20- 19 O[`! SE AVF'../[, ATI( ROP RD. I, ANQSCAPF, ihlPitOVE IFNTS- CEP GG 21- 15 BII? PROPOSAL OR115 n rizoros L FouMs
7' O: City of Lathrop
39Q Townc Ccntrc Drivc
athrap, Cn 95330
11' t` I" CN" 1' ION: Ciiy Clcrk
1' UR: MOSSDAL,E LANDSCAPF. AND IIZItIGATION IM1' ROVF,MEN7'SCIP GG ZO- 19 LOUISE AVE. & I,ATHROY ItD. LANDSCAI' E IM1' ROVEMENTSCIl' GG 21- 15 fEtf? UNDC: RSIGN!? U, AS [ 3IDDLIt, I II RrF3Y ftGRLI?S AND DECLARI; S TIIAT:
LF.GAL COMYLIANCE
hc only persons or partics intcrestcci in this E3id as i' rincipals arc thosc namcci hcrcin, that this l3id is madc ti ithout collusion with any othcr person, firm, pactncrship, corporation, or association; that iic has carcCul{ y cxamined thc locatian ofthc proposed work and thc Constructian Documcnts; and hc proposcs and agrccs that if this 13id is acccpted hc will contract with thc City of Lathrop, in thc form of' thc Contract as sct forth in thc Construction Documcnts for said projcct, to providc all thc necessary labor, scrviccs, materials, artd cquipment, and to do all the work and furnish al{ thc malcrials; and thal hc will acccpt in ful! paymcnt thcrc[' orc thc pricc as proposcd in thc following I3ici Schcdulc.
SCHEl) ULE OF 1' 1tICES
All applicablc permit fccs, liccnsing costs, salcs laxcs, Statc, and/ or i cdcral, and arty othcr taxcs, palcnt righls, or royaltics arc includcd in thc priccs quotcd in thc Qid. AO blank spaccs must bc Gflcd in.
13ASIS OF AWAl2D
fhc [ 3asc f3id is comprised of all bid items necessary to construct both Capital lmprovement Yrojects GG 20- 19 MassdaIe irrigatic n and Landscape Improvcments and GG 21- IS Louisc Avenuc and Lathrop 12oad Landsrapc Impro ements. ' I' hc basis for award of thc contract will bc thc pricc of thc sum of all thrcc ( 3} basc bids. Thc City ot' l.aihrop rescrvcs thc right to award thc work contcmplated by thc pricc of ihc sum of all thrcc( 3) basc bids ar nonc o(' thc work.
OQ300- 1
i) 1 90S5DAI. k; [. AIYI) SCAPF. ANU IRRIGATIOIY 11 71' ROYFMEIVTS- CIP GG 20- 19 BID SCIIEllULE 12- 1
E3tD U SCR[ i' I'101\ QU:1NT. t?l,1i t.`•NIT PRICE TENOED T4TAL I7' Ehi
1 Mo6ilir.utinn/[ 3onds- Insurancc! 1 l,s
S4L' PPP f' 1' roffic Control S 36, G70. 00 S 36, b70. OQ 2 Dcmolition 1 Of] h ul J Disposal of 63, G17 SI'
Lxisting Landscapc
16 S 9G, 995. 72
3 1_ o v Voltagc Palm Up- Lights anJ 4R CA
f'ransformers
820. 75 5 39, 34G. t10
4 Glectrical Outicls{ GFI) zA LA t 1G. 25 $ 2, 740. U0
5 Etcctrical Scrvicc{ incl. Conduit, f CA
Wiring c e.) City to providc 1' cdcstal
G3, 392. 00 5 G3, 392. 0
fi finish Grading 83. 617 Si' 0. 12 S 1U, 434. 0=3
7 Soil Amcndmcnts g. gg S' 0. 35 S 20,715. A0
R Conirollcr t,`pdates for Ncw Vah c I L.5
Schcduling S 25G. 4U 5 lfi,256.=10
9 Comcrt ShruU Irrigalion: Drip& 5), k88 St
Spra} to Rubbicr
s z. Q9 S 123, 702. 92
10 Ilubhlcrs—`( rcc& Palms 2g LA S 55. 80 S 15. 958. 8U 11 Trces, 2!"[ lox 15 I: A 8 L25 S 26, 15b. 25
12 Trccs, 15 gallon 5( t EA 19530 5 9, 7G5. 00
l3 Palms. t2' I3Tlt 24 t A 7, 1bl. tHl S 171. 86 1. 00
i4 Shrubs, 5 G Ilon 1, 770 L'A 25. 34 S 44, R51. 80
IS Shrubs, I GaUon 451 [ A
11. 5R S 5, 2Z2. 58
IG Groundenrer, 1 Ciallon 304 h , I1. G3 S 3, 535. 52
17 Stabiiizeet Decomposcci Granitc F A, d22 S['
E: dging- CaSlnut 1
8. 37 S 37At2. l l
18 Wct- Sct Rivcr Cobblc- Cal) aut 2 4. 9T2 Sf
24. 93 3 273, 53196
I4 Synthctic TurC-- Cullaut 3 9. 035 SF S 2. 1R S 21R, t6G. 34 4 Ront i.3arricr 2, 4lG LP
1 t. 53 S 23, 2 i4. 48
21 Uark hlulch 39. 188 SF S U. 7S S 4 1, 391. Of}
22 90 Ua}• h9aintenancc Pcri d 1 1_ S
41, 185. 00 5 4, tK5A0
susTo rnt n: $ . ass, r3. i
SUBTOTAL BID IN WORDS: ONE MILLION TWO HUNDRED F,tGt1TY- F,IGlIT THOUSAND ONE: IIUNUItEU THIRTY- SEVEN pUI. I,AItS AND SF.VEHTY- ONE CENTS 2} I,t UISE AV; NtJF I,ANllSCAPE IMI' ROVEMF NTS- C[' GG 21- 15 BID SC IEDUI. E- R1
BID DESCt21PT10N QUANT. U/ R1 t3tiiTPRICE EXTENUEDTOTAL t'[' EAI
1 Mobilizniion 1 E# onds• Insurancc i 1 S
ESCI'/ TrnflicContro3
29, 613. OQ S 29, 6i3. 00
Demolition 1 Ofihaul! Dispasal n1'
2 Lxisting Lundscapc in M lian and Raiscd 2, fi33 5I $ 7. 90 $ 20, 800. 70 Plan[ crs
3 Demolition! Offhaul 1 Disposal of 1 [, S
ixisting Cancretc and Raiscd Piantcrs
20, 792• 01 S 2Q, 792. 6t
d L w Voltagc Palm Up- Lighls nd 76 [: n
Crs nsCormcrs
R20. 75 5 62. 377.OU
5 RI;i 10VC; D
G REMOVLD
7 New Stamp L`Ca)ored Cuncretc 372 5F
Paving- Calloui 6
2G. Oa S 9. 68G. 88
8 E mish Grading 33. 822 SP 0. 12 5 d, 058. 6 4
9 Soil Amendrncnts 13, 805 Si' 4. 35 $ q, 831. 75
I U Nt7C i t w; i3ncRilo v I>cvicc,( lo+v Scnsor nnd 1 EA 115. 04 5, 1 t S. DO 1 t \ Vutcr scrvicc t; p! ccroncction for 1 S
POC tJi, incf. pavcincnt restoration
S 3. 720. 00 3. 720.OQ
12 POC if2 a l Bacl:[ lotiv Dcricc, Plrn1 1 1> S
5cnscrr nd Mastcr Valvc
7. 254A0 a 7. 254AU
13 f' OC N3 F! Rack( ta v Dc icc, E lou E S
5, t 15. 00 S 5, I IS, 00 Sensor and Mastcr Valvc
ld 14' utcr Scn icc' 1' ap J Conncction tor 1 I.S
POC 3, inc(. pati cmcnt restoratinn
3. 72Q. 00 5 3, 72U. 00
IS 2- Wirc C ftsense ControIIer 1 S IG, 25G. 40 S 1G, 256. 0 Ifi 120v AC Rlcctrical Scrvicc& Wiring 1 LS
for Controllcr( conduit by City}
2. 325. 4U $ 2. 325. 00
I? Shn b Dubblcr Irr., inct. h4ainlinc$. all 13, 805 Sf S 2. 79 S 38, 515. 95 18 E3ubblcrs Trcc& P Ims 206 A
3 S5. 8Q S I l, 19<I. BD
19 " l rs: cs, 2 1" C3nx 27 CA 581. 25 S l5, 693. 75
2U Palms, 12' I3T) t 38 T: A
S 7. 1 G i. 40 S 272. 1 18. Od
ll Soil Dispasal Gom P tm Pit 1 LS
C cavatinn
930. 00 $ 93Q. 00
22 Shrubs, 5 Gallon 376 EA S 2S. 3d S 9, 527. 84
23 Grnun fcovcr, 1 Gnllon n 11. G3 S 2, 058. 5 i
2A StabiliGcd Dccompascd Granitc u,< 1, 791 S1'
t: dgiag— Callout t
3 d0, 1Q0. G7
25 Wct- tict Eti cr Cohblc CaUnut 2 5, 692 SF S 2. 43 5 t41, 901. 5G 2G Synthctic T`urf vt I::dging- Cnllaut 3 3. 534 St' S z,}, g g 230, 532. 12 27 f3ark Muich 13, 8QS SF $ p,$ y 1U, 353. 73
28 90 y Maintcnance Pcriod 1 [- S $
2, 232. 00 S 2, 232. 00
SUI3T0' I'AI. BIU: 971. 124. 33
SUI3TOTAL BIv IN WONUS: NINF HUNURFD- SFVFNTY- ONE TIIOUSANn ONF. } IUNARE[) TW NTY-' OUl2 pOl.1. ARS ANll Tii112TY-"I' NREE CEIVTS
3) LA' i'HRCIt' ROAI} LANDSCAP tMI' ROV MENTS- CII' GG 21- 15 BIll SCHEDULE— Rl
Ef1D dESCRIM'I ti QiiANT. U/ 111 i1N[ 7' PRICi: I: X'TENDED TOTAI. 1' TF:; 1[
i Mobilixatii a/ pt ads- Insurancc, t
1 L
L;SCP/ 1' railic Control
lA, 9t10. 00 S t<4, 900. Q0
2 Dcmolilion/ C1flhau) l DisposFil of i LS
C-.xisting Lanc3sca c
25. 43d. 41 3 25, 934. 91
3 Low Voltagc Pnim Up- L, ights and 38 A
Transfonncrs
R20.? 5 S 3V, 1&$. 56
E; tectriral Outicts{ GfI) l9 C: A I6. 25 S 2, 20$. 75
5 I:lcctrical Scrvicc( mcl. Concluit. F
54, 117. 04 3 54, 117. 00
Wirin etc.) Citv to provide Pcdeslal
G (- inish Grading 13,<I10 Sf 0. 12 5 I. GR). 20
7 S il Amcndmcnts S, b46 Sl' 0. 35 5 l, 97fi. 1{ t
A [ lubblcrs- Stsnibs S. fi 1G SI' Z. p9 3 11. 800. 14
9 nt}i r s ratn,s 108 GA 55. 80 S 6, 026. 40
IU " 1' recs, 24" E o 1G [: A
S 581. 25 5 9, 3D0. 00
1 I PaEms, 12' I37 11 4 CA 7, 61. 00 S 13G, 054. 00
12 Soil Dispc:! from Pa1m Pit 1 1. S
I. xcati ation
4G5. 00 3 4GS. U0
13 5hrubs, 5 t; l( on 114 EA 2S. 3a 3 2, 888.? b
1 1 Groundcovcr. l Gallon 100 6A
y 1. G3 5 I. lG3. Q0
5 Stabitizcd Dccamposcd Granilc+ 1 2, 478 5I'
l: dging_. Cnllout I
8. 3 S 20, 740. 86
tG Wet- Sct Rivar Cobbic— Cupoul 2 2, l99 S(' Zq. g3 3 5=i, R2 i, 07 17 Symthctic' Turf-- Callout 3 3, 087 SF
a Z,, g 7 3, 643. G6
18 i3ark Mulch 5, 6 46 SF $ 0. 75 S 4, 234. 50
19 90 Day Maintenancc Pcricx3 1 LS 5 l, 953. 00 S 1, 953. 00 SUBTOTAG BID: $ 56. 029. 85
SUBTOTAL Blll [ N WORDS: OUR FIUNDRED FIFTY- SIX ' TFIOUSANv, TWF.NTY- NINE tinGLARS A1 tD EIGHTY-'[ VE CENTS
BIU SUMMAKY
1) MOSSDALE LANDSCAhI AND [ RR1GA" 1' ION IMI' ROV, MENTS- CIP GG 20- l9: 51, 288, 137. 71 2) lAlJ15 AVEiN1JC LANDSCAPL"• t( 41Pi20VL+ 1C'N7' S- ClI' GG 21- 15 971, 124. 33 3) LAT! lROP E' OAD LAiUDSCAPE [ MI' fZ VGMENTS- CIF' GG 21- IS 56, 029. 8 TOTA[. BTI):$ Z, 715. 291. 89
TO"I'AL 13ID IN WOI2llS: TWO MILLION, 51: VF N HUNDRF. U- FIFTEFN TH011SANU, TWO_ HiJNllRE[) IYCN#: 7' Y- t)NF, ll01.[. ARS AiYD F:[ GHTY- NINF C N' I'S s c r o oo3oa
iOSSDAt,:[ REtIGA' I' ION Bc LANDSCAP I; iPROYF, i1Eti' I'S— C[ P GG 20- 19 LOL+'! 5E AV./ l. 1T1[ ROP RD. LANDSCAPE IM11PROVEifENTS— C1P GG 21- IS BID PROPOSAL FORn4S INFO1tMA' 1' iON R; QUII2ED t?F BIDllF: I2
I' Itic 13iddcr ( Contractor) shall furnish thc follativing infarmation. This information is considcrcd csscntial in cnablin thc}' rojcct Mana cr Eo dctcrminc ifthc I3iddcr is cxpericnccd in similar iypcs of work and if thc I3id is based on a careful study of inethods applicable to the worfc and 1'ul! rcalization of thc various factors which may affcct ihc pro ress ofi thc work. Failurc ta complv with this rcc uir+emcni may rcndcr thc Bid non- responsivc and may causc its rcjcction. Additional shccts shall be attached as rcyuircd.
13InDFR' S INFORMATI N
1) 13idder' s namc and address:
ODYSSEY ENVIRC NMENTAL SERVICES, INC.
5400 W HIGNWAY 12
LODl, CA. 95242
2) [ 3iddcr' s lelcphone numbcr:
tz g} 369- 6197
3) I3iddcr' s fax numbcr: {
209) 369- 69fi9
4) Ciidd4r' s Contractor' s l. iccnsc ( Class): C27
Liccnsc Na.; 7 4370
L`xpires: 1/ 31/ 24
5) Pcrs n wllo inspectcd sitc of propascd work for Contractor' s firm:
Namc: MATT 1. AWSON Date of Inspection: 8/ 29/ 22
Lisi projccts of a nature sirnilar Eo this projcct:
Projcct Contract Namc, Address and
Pricc 1' c! c honc Numbcr of Owncr
CITY OF TRACY 865, 004
11TH ST BEAUTI FICATION
333 CIVIC CEI TER PLAZA. TRACY, CA, 95376
209 832• 5000
CI7Y O IATHRC7P 271, 000. 00 CITY OF U1TkiROP
REi' AINING WALL LANdSCAPING 390 TOWNE CENTEH DR. IATNROP, CA 95330 Zp9 941•7204
5TANFORD CROSSING SAYBROOK FUNO AOVi50RS, LlC
PHASES 1, 2,& 3
Q, OOO, Q04, Q0 03 TWIN ROLPHIN DR. REDWOOD SHORES, CA 94065 57/ 1NFORb CROSSIIVG 1, 662, 783.00
SAYBROOK FUND ADVISORS, LLC
303 TWIN ROLPHlN DR. REDWOOP SFfORES, CA 54065
PHASE5181- 182 6S0- fi32- 4522
R4VER ISLAND N2 PARK 962, 52A. 00 IA7HROP, cA, 95330
S2d9 79- 7900
oo3ao- U
St: C' C10N 00300
IOSSUe1t, E[ KR[ GATl4 i& I,A iD5Cr1Pk; I; iPRQV 1 1Et" 7' S-- CIP GG 20- 1' J OU151: AVE.! LATIIROP RD. l.,1NDSCAPF, 1: 1IPR4VF; 19E:' T' S— C[ P GG 21—IS E31D PROf' OSA[. FOl2: 1S Ism o su coNTiz cTaus:
I' hc f3iddcr shall list bclaw ihc narnc and business atidress of cach subconlractor wha wi l) perform work undcr this I3id in cxccss of onc- half nf onc perccnt oP thc Contractor' s ' I'atal I3id Yricc, and shall also fist thc poriion of thc WORK which will bc donc by such subcontractor, in accordancc with Scction 41Q7 of thc t' ublic Contract Cadc. fter lhc opcning of bids, no cl angcs or substitutions will bc allowcd cxccpt as othcrwisc providcd by law. ' Chc listin of morc lhan onc subca tractor far cach itcm ofwork to bc perFormcd with thc words " and/ ar" will not be permittcd.
Paiiurc to compiy with this rcquircmcnt may rcndcr thc I3id non- responsivc and may causc its rcjcction. Shouid thc Cantracior providc a bid that docs not rcquirc a subcontractor, thc Contractor shall notc that on this pagc by writin" Nat Applicablc" in thc list betow.
Subcontractor
I,iccnsc Pcrcent of
Work to bc Pcrf`ormed Numbcr TatAl Contract Subcontracior' s Numc& Address C , T .
a2 iPACIFIC EXCAVATION
BORING 694A00 ;
9796 KENT ST, ELK GROVE, CA. 95b24
F._..... _.._.. e._..»»_.._.. ._...{.. a-. ..,..._...._____......_...,...«..._».............. _ 1.._...... r,_ a_____.... .__
i
t
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3. v _._
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I
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i.., W....... ..... . ... . . . . .. }.-e. . ..
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a.-..___.. .._' I{
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I v __________
Note: nttach addilional shccls if required,
oo c o- 7
SECTION U0300
btOSSDALE IRRlG, T10N& LAltiDSCAPE( IAROVE tEtiTS- CIP GG 2Q- 14 I, OI' 1SE A1' F:.! 1. ATHRdp Rb. I.AYDSCAPE F4IPROVERIENTS- CiP GG 21- IS B1D PROPOS. L. OR, iS ADDE1 tDA
Bidder certifies he reviewed ARC 5tockton' s website for addenda within 48 hours oFbid apening and acknowledges receipt ofthe following addendum { addenda):
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Respectfully submitted,
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Dated Legal Name of Firm
Signature of Authorized Representative
Seal}
If Bidder is a corporation, show State in which incarporated.} ti c, ti t t
I' he full names and post office addresses of all persans and parties interested in the faregoing Bid as principals are as follows:
NOTICE): Give first and last names in fult; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case ofpartnerships and joint ventures, give names and Post Office addresses of all the individual members.
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003Q0- 8
SECTION 00300
A10SSDAI.E IRRIG ITION& L, iDSCAPE I IPROVEAlENTS- CIP CG 20- 19 LOI IS AVF.! LATH[ tOP RD. L. AtiQSC. 1PE i ipRO' F.At: T5- CIP CC 21- IS ID PROPO5AL FOR IS B[ DDER'S BQND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE d y s yfnvironmental Seroices. Inc.
as PRINCIPA[., and Merchants 8ondinq Companv Mutual)
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( l0%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principa! to the City of i.athrop fbr the work described below, far the payment ofwhich sum in lawful money ofthe United Siates, well and fiuly to be made to the City ofLathrop to which the bid was submitted, we bind ourselves, ow heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the iiability oF the surety hereunder exceed the sum of$ 10° of Arnoun# Bid
T CONDITION OF TEIIS OBLIGATION IS SUCH,
THAT, V1 REAS, the Principai has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the City Hall, 390 Tawne Centre Drive, Lathrap, CA:
MQSSDALE IRR[GATION AND I ANDSCAPE iMPROVEMENTS, CIP GG 20.19 OUISE AVE.& LATHROP RD. LANDSCAPE 1MPROVEMENTS, CIP GG 21- i5 NUW, TI- I2EFORE, if the Arincipal is awarded the contract and within the time and manner required under the specifications, after ihe prescribed forms am presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the Ciry, one to guarantee faithFul performance, and the other to guarantee payment for labor and materials as required by law, then this obli ation shall be nul! and void; otherwise, it shail be and remain in Full force.
IN WITNESS VVfIEREOF, we have hereunto sei our hands and seals on this 30th day of Auqust , 24 22
Od Seal) Merchants Bonding Com any MutualKSea1)
S 1} tSeal)
ary ollins, Attorney- in-` ac!
Address: 4D0 west Highway 12 Address: 6700 Westown Pa lcway lodi. CA 8 242 West es Moines. IA 50268- 7754
NOTE: Signatures ofthose executing for the surety must be properly acknowledged. 00300- 9
ACKNOWLEDGMENT
A notary public or ather officer completing this
certificate verifies only the identity of the individuai who signeti the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validi of that document.
State of California
County of Sacramento
On August 30, 2022 before me, Kathleen Le, Notary Public inse t name and title af the officer}
personaily appeared Mary Collins
who proved to me on the basis af satisfactory evidence to be the persan( s) whose name{ s) is/a subscribed to the within instn.iment and acknowledged to me that ks/ she/ i[m executed the same in ahislher/ lt e cauthorized capacity( ia, and that by laia( her/ th c signature( s) on the instrument the person( s), or the entity upon behalf of which the person($) acted, executed the instrument.
I certily under PENALIY O PERJURY under the laws of the State of Califomia that the faregaing paragraph is true and correct.
WITNESS my hand and official seal. KATFfLFEN LE
COMM., 2380925
NOTARY PUBi. lC C/It1FDltIV1A Ct1UM7Y OF SACRAMENTQ w
amm. 6 cpkea pC7' 31. 2d25
Signatur Seal)
MER., ANTS
BC) NDIhTG COMPANY
PQWER OF ATTQRNEY
Know All Persors By These Presents, that M RCMANTS BONDING COA+iPANY( MUTUAI} and ME32CHANTS NRTIONA! BOIVDING. INC.. both being corporalians of ihe State of lowa( herein callectively called ihe" Companies do hereby make, conslitute and appoint, individuaNy, Bill Rapp: 8rad Espinasa; Breanna Boatright; Claudine Gardon; Deanna{} uintero; Elizabeth Coiladi; Jason March, Jennifer Lakmann; John Hopkins K Corey Ward; Kathleen le; Kristie PhilGps; Marissa Robinsoni Dbary Coilins: Matttiew Fasier; Michaet K Feeney; Mintfy Whitehouse:
Pamela Sey; Paula 5enna; Phiilip Watkins Renee Ramsey: 5amantha Watkins; Sara Wailiser, Steven Witliams; Tony Gark their true and Iawful Atlamey( sj-in-Fad, to sign its name as surety{iesJ and to execute, seal and acknowkdge any and all bands, undertakfngs. contracts and other written instruments in the nature tfiereot, on behalf of the Companies ln their business of guaranteeing lhe fidetity oF persons, guaranteeing the perfortnance ot contracts and execu6ng or guaranteeing bonds and undertakings required or pertniqed in any aCiions ot proceedings alipwed by law.
This Power- nf•Atfamey is graMed and is signed and seafed by tacsimite under arrd by auchority of! he fopowing By- laws adopted by the Board of Directors of Merchanls Bonding Company( Mutua!) on Aprii 23, 2011 and ame ded August 14, 2015 and adapted by the 8oan1 of Diredors of MerchantSNationai Ba ding, inc., on Oclober 16, 2055.
ihe Pressdent, Secretary, Treasurer, or any Assistant ' ireasurer or any Assistant Seaetary or any Yrce President shatl have pawer and authority to appoint Attomeys- in- Fad, and to authorize them to e cecute on behalf of the Company, and attach the seal of the Campany thereta, bonds and underiakings, ner.ogni2ances, coniracts of iademnity and other wrilings obiigatory in the nature thereof,' Tt e signature of any authorized oificer and the seal of ihe Company rrtay be affixed by tacsimite or electronic transmission to any Powe of Attomey or CertificaUan thereai autho zing the execution and delivery ot any band, u dertaking. recognizance, or other suretysh s obligations of the Company, and such signature and seal when so used shall have the same force and effed as though manuatly fixed." In connection with obligatiorts in iawr of the Fiarida pepa tment of Transpo tation only, il is agreed that the power and aui hority hereby given to the Attomey- in- FaCt includes any arui atl consenls for the release o! retained percenlages andlor final estimates on engineering and construciion contracts rsquired by ihe Stale of Florida Oepartment aF Transportation_ It is fuUy understoal ihai consenting to the State ofFloriCa Department ot Transportation mak9ng payment oi the finai esiimate to the Go Vactor and/ ar its assignee, shall not relieve ihis surety tompa y of any ot its obligations under its bond.
In connection with obiigations in favor ot tne Kentucky Oepartment of Highways only,' st is agreed that the power and authoriry hereby given to the Attorney- in- Fad cannot he madified or revoked unless prior written personal notice of such inlent has been given to the CarrmissionerDepartment of Highways of Die Commornveatth of Kentucky at ieast liurty( 34) days prior to the modification or revocation.
In Witness Vlfiereof, lhe Companies have caused this instrument to be signed and seaied this 22nd day of March , 2022 o+vqt•... o N co•.
p0' Q•. p' pp( jR•.'.q AI RCHANTSBONDINGCOhAPANY( MUTUAL) la„y: Q ' 9!''•. . 0;VD 9,^; MERCHANT NA710NAL 90NOING, INC. a:'' ' O- O: Q: it.-;'Z'` -
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STATE OF IOWA L"!' s+`
COUNTY OF OALLAS ss. "`"'
On this 22nd day ot March 2022 , betare me appeared Larry Taylor, to me personally known, who being by me dufy swom did say lhat he is Presider f of MERCNANT& BONDING CaMPANY{ MUTUA) and MERCHRN' i'S NATIONAL BQNpING, lNC.; and that the seais affixed to the foregoing instrument are the Corporate Seals oF ihe Companies; and that the said instrument was signed and sealed in behaif of the Companies by autfiarity ot their respedive Boards oi piredors.
P
A
s POLLY MASON
z a a.
Gommission Number 75a576
My Gommission Expires q p..,_,
r January 07, 2023
Notary PuWrc
F cpiration of notary' s cammisslon dces not invaUdate this instrument) I, William Wamer, Jr., Secretary af MERCHANTS BONDtNG COMPANY{ MUTUAi.) and MERCHRNTS NATIOAfAL BONDING, INC., do I're2hy certify ihat the above and fotegoing is a true and cortect copy of the POUVER- dF•ATTORNEY executed by said Companies, which is s1iN in full force and eHect and iras not been amended or revoked.
In Wiiness Whereot, 1 have hereunto set my hand and affu ed the seal of the Gompanies on this 30th day of August , 2022 . f
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lOSSUs LE IItR1GATlOV& LANDSCAPE I IPROV; IIEK'fS—CIP GG 20- 14 At' ISE AVF./ I. ATHROP Rri. I.AitiOSCApE; IRIPROYF. MF.;VTS— CIP CC 21- 15 BID PROPOSAI. FOR 1S NONCOLLUSION AFF[ DAYIT
STATE OF
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COUNTY UF
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r, S being first duly sworn, deposes and says that he or she is t P`a. 5` S
of a, t, c,,._ ' [ he party making the foregoing bid
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, a.ssociation, organizatian, or corporation; that the bid is genuine anc! not collusive or sham; that the bidder has nat directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, canspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shalt refrain frnm bidding; that the bidder has not in any manner, directly or indirectly, saught by agreement, communication, ar conference with anyone to fix the bid price afthe bidder ar any ather bidder, or ofthat ofany other bidder, or to secure any advantage against the public body award'rng 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, ar Ehe contents thereof, or divuiged infarmatian or data retative the , or ' , a ill not pay, any fee to any corporation, partnership, com any associate , a izai' , id deposita , nr to any member or agent thereof ta effectuate a co iusive ar s id.
Signature of res dent, ecretary,
Manager, Project Manager or Representative
The County of 1 V V al t 1 i'"
State oP ` TV n G
Subscribed and sworn to( or affirmed) before me
on this l day af_ Y'' , 2d o, by
Q, tTtr l tti G, CY1 proved to
me on the basis of satisfactory evidence ta be the
person{ s i he, .
Notery iubHc• CaUto nis
Stn Jo auin County
Seal
Commission N 2711Jl0
202
Signature,,,„
00344- 10
s: cTioN oo oa
tOSSDALE tRRIGr TIQN& LrINDSGIP Ii1( PF20VE11E 37 5- C! P GG 20- I9 LOt`[ SF, 1' E. I LATIIRdP R13. I. ANDSCAPE lhiPROVBIIF. NTS- C[ P GG 21 15 iID PROP05Ai. COR115 I' UBLIC CONTI2ACT CODF SFCTION 10162 QUESTIONNAII2E
in accordancc tivith Nublic Contract Cadc Scclion 101 b2, Ehe f3iddcr shall complctc, undcr pcnalty of perjury, thc foliowing qucstionnairc:
f ias thc I3iddcr, any ofticer of the I3idder, or any crriploycc of the I3iddcr, who has a proprictary intcrest in the 3iddcr, cvcr bccn disquali cd, rcmovcd, or othcn visc prcvcntcd from bidding on, or complctin a fcdnrai, staEc, or local govcrnmcnt project bccause of a viafation of law or a saCety regulation? Ycs No
x
fthc answcr is ycs, cxplain thc circumstanccs in thc following space.
I' U 3LIC CONTRACT SI:CT[ ON 10232 STATFMI:NT
ln accardancc with f' ublic Cantract Codc Scclion 10232, thc Contracton c rcby statcs undcr penally of perjury, that no morc than one finai unappcalable findin of contempt of court by a fcdcral court has bcen issucd a ainst thc Contractor within thc immcdiatcly prcccding twa ycar period becausc of thc Contractor' s failurc to comply wilh an ordcr of a fcdcral court which ordcrs thc Conlractor to comply with an ordcr oftl c National C. abor Rclaiions Roard.
NO"['E: 7' hc abovc Statcmcnt and Qucstionnairc arc part of thc 1' roposal. Signing this proposal on thc signaturc portion thcrcof shall also constitutc signaturc of this Statcmcni and Qucstionnairc.
I3iddcrs arc cautioncd that making a falsc ccMiCication may subjcct thc ccrtiftcr to criminal prosccution.
E 1 OI' SEC'1`ION)
OQ30Q- 11