2022-09-12_item_4.17_award_construction_contract_to_pacific_excavation_inc._for_streetlights_for_louise_ave._landscape_cip_ps_21-15

ITEM 4. 17

CITY MANAGER' S REPORT
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO PACIFIC
EXCAVATION, INC. FOR STREETLIGHTS FOR LOUISE
AVENUE LANDSCAPE, CIP GG 21- 15, AND APPROVE

BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding Construction Contract to Pacific Excavation, Inc., for Streetlight
Improvements for the Louise Ave Landscape Portion
of CIP GG 21- 15, and Approve Budget Amendment
SUMMARY:

Portions of Louise Avenue between Interstate 5 and Fifth Street have been improved to accommodate recent development, reduce traffic congestion and increase safety.

These improvements included widening, pavement rehabilitation and construction of a center median.

On May 9, 2021, City Council created Capital Improvement Project ( CIP) GG 21- 15 Louise Avenue Landscape Improvements to provide landscape improvements to the medians between Interstate 5 and Fifth Street. The improvements consist of irrigation, landscaping and lighting.

On August 8, 2022 Council approved the purchase of streetlights along this segment Project) in order to reduce delays during construction.

The bid solicitation for the construction of the Project was advertised on August 10, 2022 in accordance California Public Contract Code 22032 and the Lathrop Municipal Code Section 2. 36. 060.

A total of three ( 3) 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 Pacific Excavation, Inc. ( Pacific), with a bid of $ 593, 167.

Staff is requesting City Council award a construction contract to Pacific for CIP GG 21- 15, Streetlights for Louise Avenue Landscape in the amount of $ 593, 167. Staff requests City Council authorize a 15% construction contingency of$ 88, 975 for a total cost not to exceed $ 682, 143.

CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO PACIFIC EXCAVATION, INC. FOR STREETLIGHTS FOR LOUISE AVENUE LANDSCAPE, CIP GG 21- 15, AND

APPROVE BUDGET AMENDMENT
BACKGROUND:

Subsequent to the creation of CIP GG 21- 15, the installation of streetlights along this segment of Louise Avenue ( Project) was desired. To support this addition, City Council approved the purchase of the streetlights at the Regular City Council Meeting on August 8, 2022.

The Project consists of construction of concrete pole foundations, installation and connection of conduit and wiring and meter connection, and the installation of twelve 12) single and twenty- four ( 24) double luminaire decorative streetlights.

City staff prepared the technical specifications and Kier and Wright, Inc. conducted photometric analysis and prepared the 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 three ( 3) bids for the Streetlight Project, all determined to be responsive and responsible, were received and opened by the City Clerk on September 1, 2022.

The bid results are summarized in Table 2 below:

Table 2: Summary of Bid Results- CIP GG 21- 15 Street/ight Project Contractor Total Bid
Pacific Excavation, Inc. 593, 167. 00
Power Desi n Electric, Inc. 829, 590. 00
Tenn son Electric, Inc. 848, 790. 00
Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the Streetlight Project was determined to be Pacific Excavation, Inc.

Pacific), with a bid of $ 593, 167.

Staff is requesting City Council award a construction contract to Pacific for the installation of streetlights on Louise Avenue for CIP GG 21- 15, Streetlights for Louise Avenue in the amount of $ 593, 167. Staff also requests City Council authorize a 15% construction contingency of $ 88, 975 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 682, 143.

CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO PACIFIC EXCAVATION, INC. FOR STREETLIGHTS FOR LOUISE AVENUE LANDSCAPE, CIP GG 21- 15, AND

APPROVE BUDGET AMENDMENT
REASON FOR RECOMMENDATION:

The proposed Project will provide attractive streetlighting for the segment of Louise Avenue from Interstate 5 to Fifth Street. The streetlights will expand the area of and conform to the streetlighting theme of the City' s other principal arterial streets:

Golden Valley Parkway and Lathrop Road.

FISCAL IMPACT:

Staff requests City Council award a construction contract to Pacific Excavation, Inc. in the amount of$ 593, 167 for the installation of City- purchased streetlights on Louise Avenue. StafF also requests Council authorize a 15% construction contingency in the amount of $ 88, 975 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 682, 143.

Funding for construction of the Project was included in the adopted Fiscal Year 22/ 23 budget; however, sufficient funds were not allocated. Therefore, staff request City Council approve a budget amendment transferring $ 682, 143 from the Streets Reserves Fund ( 1010) to the General CIP Fund ( 3010) as follows:

A. Resolution Awarding Construction Contract to Pacific Excavation, Inc., for Streetlight Improvements for the Louise Ave Landscape Portion of CIP GG 21- 15, and Approve Budget Amendment
B. Construction Contract with Pacific Excavation, Inc. for CIP GG 21- 15, Streetlights for Louise Avenue Landscape
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 12, 2022 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO PACIFIC EXCAVATION, INC. FOR

STREETLIGHTS FOR LOUISE AVENUE LANDSCAPE, CAPITAL IMPROVEMENT PRO) ECT GG 21- 15
APPROVALS:
22 Steven Hollenbeak Date
Assistant Engineer
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Ken eed Date
Se ior Construction Manager
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ari Ja s Date
cto f Finance
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Michael King Date
Assistant City Manager
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Salvador Navarrete Date
City Attorney
r FdcZ I • $• ZOLt
Stephen J. Sa va ore Date
City Manager
RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING CONSTRUCTION CONTRACT TO PACIFIC EXCAVATION, INC., FOR

STREETLIGHT IMPROVEMENTS FOR THE LOUISE AVE LANDSCAPE PORTION OF CIP GG 21- 15, AND APPROVE BUDGET AMENDMENT
WHEREAS, on May 9, 2021, City Council approved the creation of Capital Improvement Project ( CIP) GG 21- 15 Louise Avenue Landscape Improvements to construct landscape, landscape lighting and irrigation improvements in the medians from Interstate 5 to Fifth Street; and
WHEREAS, subsequent to the creation of this CIP, the addition of streetlights to the medians and roadside was desired, and City Council approved the purchase of the streetlights at City Council Regular Meeting of August 8, 2022; and WHEREAS, bids for the construction of the streetlight improvements were solicited separately from those for the construction of the landscape improvements to minimize the city' s cost for both scopes of work; and WHEREAS, the scope of the streetlight work, Streetlights for Louise Avenue Landscape, CIP GG 21- 15 ( Project) includes the construction of concrete pole foundations, installation and connection of conduit and wiring, meter connection, and the installation of City- purchased decorative single and double luminaire streetlights; 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 three ( 3) 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 Project was determined to be Pacific Excavation, Inc.

Pacific) with a bid of $ 593, 167; and
WHEREAS, staff requests City Council award a contract to Pacific in the amount of $ 593, 167 for the installation of City- purchased streetlights on Louise Avenue; and
WHEREAS, staff also requests Council authorize a 15% construction contingency in the amount of $ 88, 975 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed 682, 143; and
WHEREAS, Funding for construction of the Project was included in the adopted Fiscal Year 22/ 23 budget; however, sufficient funds were not allocated to the Project; therefore, staff request City Council approve a budget amendment transferring 682, 143 from the Street Reserves Fund ( 1010) to the General CIP Fund ( 3010) as follows:

Decrease Street Reserves
1010- 251- 03- 00 682, 143
Increase Transfer Out
1010- 9900- 990- 9010 682, 143
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 15 682, 143
Increase Expenditures
3010- 8000- 420- 12- 00 GG 21- 15 682, 143
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a contract to Pacific Excavation, Inc. for installation of streetlights on Louise Avenue for CIP GG 21- 15 Louise Avenue Landscape Improvements, for a cost of $ 593, 167; 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 $88, 975 for a total cost not to exceed $ 682, 143 for the installation of streetlights and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 682, 143 from the General Fund Street Reserves Fund ( 1010) to the General CIP GG 21- 15 Fund ( 3010) for the installation of streetlights on 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 FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney

ATTACHMENT
SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15

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 Pacific Excavation, 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 STREETLIGHTS FOR LOUISE AVENUE LANDSCAPE 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 installation of single and dual electrolier streetlights, construction of pole foundations, routing and connection of all appurtenant conduit and wiring, and meter connection, and any task necessary to accomplish the aforementioned tasks.

The work shall be completed within 50 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: $ 593, 167

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 Pacific Excavation, Inc. on September 1, 2022 For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.

SECTION 00500
STREETLIGATS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15

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 SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.

9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.

DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the 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 Obli ation to Verify Subcontractor DIR Registration Status. An affirmative and on- going obligation of the Contractor under the Contract Documents is the Contractar' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obli ation 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 SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ ar Labor Code Section 17711( d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or( ii) to disburse any portion 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 Monitorin 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 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 SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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 Labar Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CTTY 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. f 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 SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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.

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 Wark shall be free of defects in workmanship far a period of one ( 1) year after the recordation of the Notice of Substantial Completion, ar, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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. Assin
ment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.

13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.

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
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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: Pacific Excavation, Inc.

Mailing Address: 9796 Kent Street Elk Grove, CA 95624
Phone: 916. 686. 2806
Email:

ATTN: Tim Paxin

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part 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
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non-prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order ll738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the 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
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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 payrnent bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.

SECTION 00500
STREETLIGHTS FOR LOUISE AVE. LANDSCAPE CONSTRUCTION CONTRACT CIP GG 21- 15
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
APPROV
By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Michael King, Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager
XHIBIT w- •
SECTION 0030p
STREETL[ GIITS 6'OR LOl,'ISF AVE. Lr tiDSC. P BID PROI' OS. L fOR: IS c e cc 2- is

BID PROPOSAL FORMS
TO: City af Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: Ci#y Clerk
FOR: STREETLIGHTS OR LOUISE AVE. LAI IDSCAPE, CIP GG 21- IS THE UNDERSIGNED, AS 8[ DDER, HEREBY AGRE S AND DECLAR S THAT:

LEGAL CUMPLIANCE
The only persons or parties interested in this B'rd as Principais are those named herein; that this Bid is made without collusian with any other person, firm, partnership, curporation, ar assaciatian; that he has carefully examined the location of the proposed work and the Construction Documents; and he praposes and agrees that ifthis Bid is accepted he will cantract with the City of Lathrop, in the form of the Contract as set forth in the Canskruction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do ali the work and furnish all tl e materials; and that he will accept in full payment therefore the price as proposed in the fallowing Bid Schedule.

SCHEDULE UF PRICES
All applicable permit fees, licensing costs, sales taxes, Stake, and or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. Al) blank spaces must be filied in.

BASIS OF AWARD
The basis for award af the contract will be the price of the base bid. The City af Lathrop reserves the right to award the work contemplated by anly the Base Bid or none of the work.

OU340- 1
STREETLIGHTS FOR LUL3ISE AVE. LANDSCAPE IMPROVEMENTS
CIP GG 21- 15
REVISED BID SCHEDULE - Rl
B
DESCRiPTION
tJNiT EXTENDED
ITEM QUANT. U1M
p iCE TOTAL
1 Mobilization t Bonds/ lnsurance 1 LS
20, 04a. 00 2d, 00Q. Q0
2 Traffic Control 1 l.S 25, OOU. 00 25, OOOAU
InstaU City- Provided bual Larnp
Streetlight, incl. Faundation/ PCC
3 Cap& Conduit! Wiring from A
S, 50o. 00 l78, UOU. 00
S lice $ ox
Enstall City-Provided Single Lamp
4 Streetlight, incl. F undatian/ PCC
19 EA
Cap& Conduit/ Wiring from
S lice Box 8, 8QO, OU IG1, 500. fl0
SCH 40 Conduit w/( 2)# 8 Cu
3750 LF
W ire &( 1)# 10 Bare Copper Gnd. 31. oU 16, 25a. 00
3- 1l2 Splice Bax tiv/ Fuse Kii @ 39 EA
Pale 500. 00 I 9. 500. 44
Relacate Existin Utility Boa on
4 EA
Median I, 000. 00 4, tf00. 00
8 Bore for POCs 3 EA Q, O. 00 12. 000. 00
9 Trench! Conduit for AC Oudets 2, 140 LF
2 flp 25, G80. 00
10 lectrical CJut( ets{ GFl) 38 EA 300. 00 t 1, 400. 00 1 3 FOCs Includin Restaratian 1
6, s3. Qa t,$ 3. 00
12 3. 5 Caltrans Bax with Bolt Lid 6 A 5( 10. 00 3, 404. 00 TOTAL BID ; 593, 157. OQ
TOTAL B1D IN WdRDS: Five Hundred Ninetv Three Thousand One Hundred Sixtv Seven Do1) ars& No Cents SECT[ ON OQ304
57' REETLICEi' f`S EOR 1. 0[' ISE. 1' E:. 1.: 1VdSC> 11' C BID PROhOS;\ L FOR 1S CIP CC 21-[ S

TNFQRMATIUN RE UIRED OF BIDDER
The Bidder( Contractor) shall furnish the followin informatian. This informatian is considered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of wark and if the Bid is based on a careful study of inethods applicable to the work and full realization of the various factors which may affect the progress af the work. Failure to complv with this reauirement maY render the Bid non- responsive and may cause its re' tian Additional
sheets shall be attached as required,
BIDDER' S INF4RMATION
1} Bidder' s name and address:

Tim Paxin' s Pacifc Excavation, [ nc, dba Pacific Excavation 9796 Kent Street
Elk Grave, Ca. 95624
2) Bidder' s telephone number:
91' gd' fl
3} Bidder' s fax number: 91 b- 686- 2846
Bidder' s Contractor' s License{ Class}: A and C10
License No.: b9 400
Expires: g- 3{- 2024
5} Persan wha inspected site of proppsed vork for Contractor' s frm:

Name:,. t ,' t.oLc Date of lnspection: 8-.25.,
S) List 5 projects af a nature sirnilar to this praject:

Project Cantract Name, Address and
Price Tele hone Number of Qwner

1., ttQ0300- 3
Experience Statement
EXCAVATION INC.

Owner! General: Project: Amaunt:

City of Turlock West Main & West Avenue 352, 084. 00
156 S Broadway # 150 Signal Improvements Completed 1- 2020 Turlock, Ca 953$ 4
209) b68- S599 Randy Jones
City of Sacramento HSiP Advanced Dilerna T/S 325, 986.04 915 I Street, Rm 200Q Detection System Completed 11- 2019 Sac., Ca 95814
916} 808- 8300 Kalieb Haile
City of Sacramento Midtown Street Lighting Ph 3 398, 264. 00 91 S I Street Rm 2000 Completed 3- 2020
Sac., Ca 95814
916} $ 08-$ 304 John Matoba
City of Sacramento HSIP Hybrid Beacons 1, 568, 062.$ 6
915 I Street Rm 2000 Ped Signals Completed 12- 2020
Sac., Ca 95814
916) 808-$ 304 Bob Lorusso
City of Turlock Tully & Tuolumne Imp 467, 801. 00
15d S Broadway # 150 Traffic Signal Completed 10- 2Q21
Turlock, Ca 95380
209} 66$- 5599 Randy Jones
Saybrook GVP & Stanford 448, 366. 04
303 Twin Dolphins Dr 600 Traffic Signal Completed 9- 2021 Redwood City , Ca 94Qd5
b50) 632- 4522 Jeff Wilson/ Ben Navarro
All projects above were completed on time with no liquated damages, claims, lawsuits or stop notices
rescilla Gastelum
Corporate Secretary
l1 2.Y
Date
9796 Kent Street
Elk Grove, Ca 9Sb24
916- 686- 2800
s c rro v an oa
STItEE' 1' LIGIlTS i OR LOl' ISE:: i!'F.!. A\ I35C,lPE BI[) PROPOS;\ L FOIL\ 15 CIP GC 2l- IS
LIST C1F SUBCONTRACTORS:

The Bidder shall list below the name and business address of each subcantractor wha vill perform work under this Bid in excess of one- half ofone percent af the Cantractar' s Total Bid Price, and shall also list the partion of the WORK which will be done by such subcontractar, in accordance with Section 4107 aF the Public Contract Code. A ter the opening of bids, na changes ar substitutians wiil be aJlowed except as otherwise provided by law. The listing of mare than one subcontractor far each item af wark ro be perFormed ti ith the words" and/ or" will nat be perrnitted.

Failure to compiy with this requirement may render the Bid non- responsive and may cause its rejection. Should the Cuntractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing" Not Applicable" in the list belotiv.

Subcontractor
License Percent of
Work to be Performed Number Totai Contract SubcontrActar' s NAme& Address

1. 2.

3. 4.

S.
b.

Note: Attach additional sheets if required.
00300- 4
S£ C' CION 0030U
STREETi.IG11TS FOR LOl' ISE R VE. LAlYDSCr PE BID PROPOSr\ L FOR iS CIP GG 21- IS

ADDENDA
Bidder certiRes he reviewed ARC Stockton' s website for addenda within 48 hours of bid apenin and acknowledges receipt of the foilowing addendum( addenda):
i
Respectfully submitted,
Tim Paxin' s Pacific Excavation, fnc.

Y, , dba Pacific Excavation
Dated Legal Name of Firm
ignature ofAuthorized R presentative
e r.r.--
seal)
If Bidder is a corporation, show State in which incorporated.} California
The full names and post office addresses of aIl persons and parties iaterested in the foregoing Bid as principals are as Follows:

NOTiCE): Give first and last names in full; in case of corpo atian, give names of President, Secretary, Treasurer, and Manager, and in case af partnerships and joint ventures, give names and Post Office addresses of all the individual members,
Tim Paxin President Elk Grove, CA. 95624
Jim Paxin V. P. Elk Grove, CA. 95624
Prescilla Gastelum Corp Secretary Elk Grove. CA. 45624
ao ao- s
SECTION Q0300
STREETL( GHTS FOR LOUISE AVE. LANDSCAPE SID PROPO5AL FORMS Cl' GG 21- IS

BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS:

T Tim Paxin' s Pacific Excavation, inc.

P,,, d Great American lnsurance Company
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10°/ a) QF T'HE TOTAL AMOUN' T OF T BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described betow, for the payment ofwhich sucn in lawfi l money ofthe United States, well and truly to be made to the City ofLathrop to which the bid was submitted, we bind ourselves, oun c irs, executors, administratars and successors, joindy and severally, firmly by tbose presents. In no case shall the liability of the surety hereunder cxceed the sum of$ a
THE CUNDITION OF THIS 4BLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specificalty described as fattows, for which bids are to b opeaed at the City Hall, 390 Towne Centre Drive, Lathmp, CA:

STREETLIGHTS FOR LOUISE AVE. LANDSCAPE IMPROVEMENTS, CIP GG 21- 15 NOW, THEREFORE, if the Principat is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are p esented to him for signature enters into a written eontract in the prescribed focm, in accordance with the bid, end files two bonds with the City, one to guarantee f ithful perfocmance, and the other to guarantee payment for labor and materials as required by law, thcn tbis obligation shall bc null and void; otberwise, it shalt be and rernain in full force.

IN WITNESS WHEREOF, we have hereunto set•our hands and seals on this 6 day
Of_ Au9• aa?
Tim Paxin' s Pacific Excavation, Inc.
5 r
merican insurance Company 5}
i
C e !. GC I3`-{$ eel) cw..-_ t;.,` t"":")
o-na. cr.e.

Address: s7ss Kent street, ik Grove, CA 95fi24 Ad s D. Einerson, Attorney- in- Fact 301 E 4th Street Cincinnati, OH 45202
00300- 6

ACKNOWLEDGMENT
A notary public ar othar officer campleting this
certificate verifies only the identity of the individual who signed the document to wi ich this certificate is
attached, and not the truthfulness, accuracy, or
vaiidi of that dacument.

State of Califomia
Caunry of Saaamento
On August 16, 2022 before me, Gail C. Einerson, Notary Public insert name and title of the officer)
personally appeared ames D. Einerson, Attorney- in- Fact who prav d to me on the basis o# satisfactory evidence to be the person j whose name is1 subscribed to the within instrument and acknowledged to me that he!/ lM y executed the same in hisliwF/ r authorized capacity( i), and that by his/ l Nl k signature{ on the instnament the pe son, or the entity upon behalf o# which the person acted, executed the instrument. t certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
r GAII C. EIIVERSON
WITNESS my hand and official sea1.
y .
0ARMUblIC? CAtFORNiA

SACRAMENTO COUIVTY
C4MM. EXPIRES APR. Sr 2Q24
Signature Seal)

GREAT AMERICAN INSURANCE COMPANY
Administrative Olftce: 301 E 4TH STREET • CINCINNATI, OEilO 45202 • 513- 389- 5000 FAX 513- 723- 27A0 The number of persons authorized by
this power of attorney is not more than THREE
h1o. 0 14fi& Q

POWER OFA'PTQRN Y
KNd W ALL MEN BYTHESE PRESENTS:' llmt the GREATAMERICAN INSURANCE COMPANY, a cocporation organizcd and cxisting under and by virtue of the luws of tt o Stato of Ohio, does hereby nominate, constitute nnd nppoint the parsfln or persans numed below, ench individually iFmore thnn one is named, iu tnre und lawful anomey- in- fnct, for it und in its name, place and stead to exeeute on behalf ofthe said Company, as surety, nny and nU bonds, undenakings ood contracts oi suretyship, or other written obtigations in the nnturc thereoC: ptovided that the lu+bility of the said Company on any such bond, underinking or conuact of suretyship exccuted undcr this uuthonry shull not exceed the limit stnted belows Nume Address Limit of Power
JAMES D. EINERSON ALL OF ALL
GAIL C. EINERSON GOLb R1VER, CAUFORNIA 5100, 000, 000

MICNELIE FURNO
This Pawer ofAttorney revokes a1t previous powecs issued on beholEof il e uttorney( s)• in• fnct nnmtd above.

N WI7NESS WHEREOF ihe GREATAMERICAN INSURANCE COMPANY has cuused these presrnts to bo signed nnd uttested by rts upproprinte oflicers nnd iu cocporate scnl hereunto affixed this 2N0 duy of DECEMBER 2020 Attest GREATAMERICAN[ iVSU NCECdMPAN
a, .",,.
f' ri l/
C.. v
AssiNant Scfirrmry D'nLrlawl Senbr 4i[ c Prr.tfdene
STATE OF OHIO, COUIVTY OF HAMfLTON- ss- neaaKvrcnH o en- azi- 2eas On this 2N aAy or aECEMBER 2420 , before me personnlly uppeareii MARK V1CARl0, to me known, bein duly sworn, deposes nnd says thas he resides in Cincinnati, Ohio, thnt he is n pivisionnl Senior Vice President of the F3ond Division of C,reat Americnn Insurance Campany, the Company described in and which exccuted the above instrument; that he l: nows the seai ofthe snid Compuny; that 1he seal afTixed to the snid inswment is such co porate sea1, thnt it was so atTixed by authority of his otTice under the By-[. aws of snid Company, nnd that he signed his nume thereto by like nuthority,
SUSAtI A K04i0RST
i '^ Notary Publ{ c
Stats o10Mo
Gri- ` Cp-/// JAy talnm. E Ira
L
A1ty t d, 20?S
This Aower ofAttorney is grnnted by authority oFthe following resolutions ndopted by the Board of Directors otGrent Americun Insurnrsce Company by unanimous writtea consent dated June 9, 2Q08.

RESOLYED: That the Dfvlsioaa! Presldenl, 1he severa! DA isionat Senior Vice Prrsidenfs, Divrsiona! Yce Presidents and Divisona! Assisrarsr ce Presidenls, or any one ojlhem, be and hereby is aufhorr_ed,jrom lime to inre, fo appoinl oae ar more Attorneys- in-Foct lo erecufe on behalJvfthe Company; as suteg; any ond all bonds, undertakings ond contracls ojsuretyship, or olher wrilren oblrgarions in Jhr nnture Ihemof 1a presCribe their rnspective dulies and rhe respeclrve limits oflheir aulhoriry. and 10 mvoke ony such appoinlment at arry rime.

RESOLYED FURTHER: That the Compam seal and Ihe signarurp oJany of!he ajoresard officers and a ry Setretary ar issrsranr Secretary ojthe Canrparry may bt afftxed b} jauinrile ta arry paN•er ojatlorney or cer cate ofeuher given for 1he exe.auton of a ry bond.: ndertaking. contract ojsr rerysJup, or orher written ablrgution in the naturn rhereof, such signuturr and seal when so used being lterrby adopfed 6y 1he Compvny as the oreginal signatu r ojsuxh offrcer und 1he origirru! srnl aJ hr Comparry, to be vaLd aed 6inding apan the Con pair} ruh the samejarre and t,(Ject as though maxuafly afftxrd.

C ERTIFiCAT10N
STEPHEN C. BERAHA, Assistnnt Secretnry of Great Americnn insurnnce Company, do hereby certify thnt the forogoing Pow+ r of Attorney and the Resolutions o( the Boord of Directors of Junc 9, 2008 hove not been revoked nnd nre now in full force and efTect, Signed and senled this b
day of August 2022 ,
r
y r-'', 1
r
An[ rranl Sccrerary
5t029AM( GClt2q
SECTION Q0300
S' 1' RE TLiC11TS FUR LOl° ISE j 1` E. L# NDSC. PE R1D PROPOS, IL FOR, tS CIP GC 21-[ 5
NOTE: Signatures of those executing for the surety must be properly acknowledged.

NONCOLLU5I4N AFFIDAVIT
STATE OF C ti FQm G
5S.

COUNTY OF GC,- ti21
being first duly sworn, deposes and says that he or she is Tim Paxin' s Pacific Excavation, [ nc. dba
0 of Pacific Excavation the party making the foregoing bid that the bid is not made n ths interest of, or on behalF of, any undisclosed person, partnership, company, assaciation, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or salicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or ofthat of any other bidder, or to secure any advantage against the public body awarding the contract of anyone intecested in the proposed contract; that al! statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, ar divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, arganization, bid depositary, ar to any member or agent thereof to effectuate a collusive or sham bid. tgnature of: President, Secretary*
Manager, Project Manager or Representative
The County of
State of
Subscribed and sworn to( e before me
Q
an this day of 20 , by
c
proved to
me on the basisJ satisfactory evidence to be the
person( s) wh appeared before me.

Seal
ignature
00300- 7
CALI ORNIA JURAT Wl7H AFFIANT STATEMENT GtaVERNMENT CODE§ 8202 V...,.,.......,.,.,.....,...............,...,..........,..., f See Attached Document ( Notary to cross out lines 1- 6 beEow} SeeStatementBelowtLinesl- 6tobecampletedonlybydacumentsigner[ s], nof K
Signature of Document Signer Na. 1 Signature af Document Signer No. 2( if any) a A notary public or other officer tompleting this certifitate verifies only the identiry of the individual who signed the 3 documenttowhichthiscertificateisattached, andnotthetruthfulness, accuracy, orvalidiryafthatdocument.

State ofCalifornia Subscribed and . wm n ta ( or affirmed) before County af Sacramenio
on this 30th day oF Auqust 2p,
by Date Manth Year

PRESCILLA GASTELUM
jand ( 2)
NameFaj' of Signer{ sj
i', proved to me an the basis of satisfactory
MICHELLE 1,. PEREIRA to be the personf' wha appeared before me.

Natery Public GlHornia
S u minta{ BU ty
Commissfan M 230736p r +" "
My Comm. Eapfres Oct 27, 2023 i CldtUr t
Signafur of Notary Pu6lic
Seat
Piace Natary Seat Above

OPTIONA
Though this sectian is opfional, compfetrng thrs in(ormatron can deter alteration of the document or frauduterrt reattachment of[ his form to an unintended documen Descriptian of Attached Document
Title or Type of Document: Document Date;
Number af Pages; s) OkherThan NamedAbove_
s.._.,..._..:.._.._.,_..,. s,..,.,,.,.,,....,.,..,,.,.._...,,._,,.,....__..._., rw OZ414 National NotaryAssociation • www. NatianalNoiary. org • 1- 840- 1JS NoTARY( 1- 80Q$ 76•6827} Item SECTION 04300
S' 1' F2EL'fLICtITS F"OR LOR`ISE.` E;. 1.. 1hpSC; 1P I3I0 PRnPOS: L TOIi IS CIP CC 21- 1i
PUBLIC CONTRACT CQDE SECTION 141b2 QUESTiONNAIRE
In accordance with Public Contract Code Section 1 Ol 62, the Bidder shall cornplete, under penalty af perjury, the foliowin questiannaire:

Has the Bidder, any afficer of the Bidder, or any emplayee of the Bidder, wha has a proprietary interest in the Bidder, ever been disquali ied, removed, or otherwise prevented fram bidding on, ar completing a federal, state, or local overnment project because af a violation of law or a safety regulatian? Yes Na J
If the answer is yes, explain the circumstances in the folEowin space. r--",.
y
PUBLIC CONTRACT SECTIQN 10232 STATEMENT
n accordance with Public Cantract Code Section 1 Q232, the Cantractor hereby states under pena[ ty af perjury, that no more than one final unappealabie finding of cantempt af court by a federal court has been issued a ainst the Cantractor within the immediatelyr preceding two year period because of the Contractor' s failure to comply with an order of a federal caurt which arders the Contractor ta camply with an order af the National Labor Relations Board.

NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portian thereof shall also canstitute signature of this 5tatement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

END OF SECTION)
003fl0- 8

Lathrop City CouncilSeptember 12, 2022

Lathrop City Council
September 12, 2022