ITEM 4. 19
CITY MANAGER' S REPORT
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
ITEM: RESCIND RESOLUTION NO. 22- 5092, AWARD
CONSTRUCTION CONTRACT TO G& G BUILDERS, INC.
FOR THE INSTALLATION OF RUBBERIZED
SURFACING, CIP PK 22- 44 LOCATED WITHIN THE
RIVER ISLANDS DEVELOPMENT AREA AND APPROVE
BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Rescinding Resolution No. 22- 5092, Awarding Construction Contract to G& G
Builders, Inc. for the Installation of Rubberized
Surfacing, CIP PK 22- 44 Located within the River
Islands Development Area and Approving Budget
Amendment
SUMMARY:
On June 14, 2022, City Council approved via Resolution No. 22- 5092 the award of a construction contract to Frontline General Engineering Construction, Inc. ( Frontline) for the construction of Capital Improvement Project ( CIP) PK 22- 44 Installation of Rubberized Surfacing ( Project) to replace engineered wood fiber playground surfacing with rubberized surfacing at Reflections, Somerston, and Tidewater Parks, all within the River Islands Development Area.
Subsequent to contract execution, Frontline sent a letter to the City requesting the cancellation of this construction contract due to extensive supply chain delays.
Staff is requesting that City Council rescind Resolution No. 22- 5092 awarding the construction contract to Frontline and adopt a resolution awarding the construction contract for the Project to the second lowest bidder, G& G Builders, Inc. ( G& G), for a cost of $ 538, 543. Staff is also requesting the approval of a 10% construction contingency for $ 53, 854 for a total cost not to exceed $ 592, 397.
Staff is also requesting City Council approve a budget amendment transferring 108, 215 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) to fund the increased construction cost.
BACKGROUND:
StafF was directed to replace the engineered wood fiber ( EWF) surfacing at Reflections, Somerston, and Tidewater parks with pour- in- place rubberized recreational surfacing. Staff expedited the solicitation of bids for the construction of the Project, and on June 14, 2022, City Council approved the creation of and awarded the construction contract for the Project to Frontline General Engineering Construction, Inc. via Resolution 22- 5092.
CITY MANAGER' S REPORT PAGE 2
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
RESCIND RESOLUTION NO. 22- 5092, AWARD CONSTRUCTION CONTRACT TO G& G BUILDERS, INC. FOR THE INSTALLATION OF RUBBERIZED SURFACING, CIP PK 22- 44 LOCATED WITHIN THE RID AREA AND APPROVE BUDGET
AMENDMENT
Table 1 - Summary of Bid Results, lists the bids received on June 2, 2022 for this work.
Tab/ e 1: Summar ofBid Resu/ ts
Contractor Total Bid
Frontline General En ineerin Construction, Inc. 440, 165 G& G Builders, Inc. 538, 543
Stockbrid e General Contractin , Inc. 569, 429
Subsequent to contract execution, Frontline requested cancellation of their construction contract with the City due to extensive supply chain delays.
Staff requests City Council adopt a resolution rescinding Resolution 22- 5092 which awarded Frontline a construction contract valued at $ 440, 165 for construction of the Project and awarding the construction contract for the Project to the second lowest bidder, G& G Builders, Inc. ( G& G) for a cost of $ 538, 543.
Staff also requests City Council authorize a 10% construction contingency of $ 53, 854 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 592, 397.
Should City Council choose to cancel Frontline' s contract, Frontline' s bid bond in the amount of $ 44, 017 will be returned, and no further recourse will be sought.
REASON FOR RECOMMENDATION:
Frontline requested the cancellation of this construction contract. Staff is requesting Council award the construction contract to G& G will allow the Project construction to resume progress.
FISCAL IMPACT:
Funding for this proposed construction cost and contingency increase is available from the Measure C Fund ( 1060). Staff requests City Council approve a budget amendment transferring $ 108, 215 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) as follows:
Increase Transfer Out
1060- 9900- 990- 9010 108, 215
Increase Transfer In
3010- 9900- 393- 0000 CIP PK 22- 44 108, 215
Increase A propriation
3010- 9900- 393- 0000 CIP PK 22- 44 108, 215
CITY MANAGER' S REPORT PAGE 3
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
RESCIND RESOLUTION NO. 22- 5092, AWARD CONSTRUCTION CONTRACT TO G& G BUILDERS, INC. FOR THE INSTALLATION OF RUBBERIZED SURFACING, CIP PK 22- 44 LOCATED WITHIN THE RID AREA AND APPROVE BUDGET
AMENDMENT
ATTACH M ENTS:
A. Resolution Rescinding Resolution No. 22- 5092, Award Construction Contract to G& G Builders, Inc. for the Installation of Rubberized Surfacing, CIP PK 22- 44 and Approve Budget Amendment
B. Construction Contract with G& G Builders, Inc. for the construction of CIP PK 22- 44, Installation of Rubberized Surfacing
CITY MANAGER' S REPORT PAGE 4
NOVEMBER 14, 2022 CITY COUNCIL REGULAR MEETING
RESCIND RESOLUTION NO. 22- 5092, AWARD CONSTRUCTION CONTRACT TO G& G BUILDERS, INC. FOR THE INSTALLATION OF RUBBERIZED SURFACING, CIP PK 22- 44 LOCATED WITHIN THE RID AREA AND APPROVE BUDGET
AMENDMENT
APPROVALS:
0_27. 22
Steven Hollenbeak Date
Assistant Engineer
I( -,- --
Ken Ree Date
Senior Construction Manager
Fd• t r 6l'$ ZaZ L
Cari James Date
Director of Finance
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I - z- 2o zz
Michael King Date
Assistant City Manager
O' 3 z.o --.
Salvador Navarrete Date
City Attorney
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Ste en J. Salvatore Date
City Manager
RESOLUTION NO. 22 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RESCINDING RESOLUTION NO. 22- 5092, AWARDING A CONSTRUCTION CONTRACT TO G& G BUILDERS, INC. FOR THE INSTALLATION OF RUBBERIZED SURFACING, CIP PK 22- 44 LOCATED WITHIN THE RIVER
ISLANDS DEVELOPMENT AREA AND APPROVING BUDGET AMENDMENT WHEREAS, via Resolution No. 22- 5092, City Council approved the creation of Capital Improvement Project ( CIP) PK 22- 44 Installation of Rubberized Surfacing Project) and awarded the construction contract for the Project valued at $ 440, 165 to the low bidder, Frontline General Engineering Construction, Inc.; and WHEREAS, Frontline' s listed subcontractor has informed the company that their rubberized surfacing material is experiencing a 24- week lead time to procure; and
WHEREAS, Frontline 'requested that the City cancel its construction contract due to extensive supply chain delays; and
WHEREAS, staff is requesting that the City Council cancel Frontline' s construction contract via rescission of Resolution No. 22- 5092; and WHEREAS, staff will return Frontline' s bid bond in the amount of $ 44, 017, - and no further recourse will be sought; and
WHEREAS, based on review and evaluation of the bids submitted for the construction of the Project on June 2, 2022, the next lowest responsive and responsible bid to Frontline' s was determined to be from G& G Builders, Inc. ( G& G), at $ 538, 543; and
WHEREAS, staff is requesting that City Council approve the award of a construction contract to G& G for construction of the Project in the amount of 538, 543 plus a 10% construction contingency in the amount of $ 53, 854 for a total cost not to exceed $ 592, 397; and
WHEREAS, staff confirmed with G& G that bid is still in effect and available for City to accept; and
WHEREAS, to support the increased construction cost, staff is also requesting City Council approve a budget amendment transferring funds from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) as follows:
Increase Transfer Out
1060- 9900- 990- 9010 108, 215
Increase Transfer In
3010- 9900- 393- 0000 CIP PK 22- 44 108, 215
Increase Appropriation
3010- 9900- 393- 0000 CIP PK 22- 44 108, 215
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve rescission of Resolution No. 22- 5092, voiding the City' s construction contract with Frontline General Engineering Construction, Inc. valued at 440, 165 for CIP, PK 22- 44 Installation of Rubberized Surfacing; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the award of a construction contract to G& G Builders, Inc. for construction of the Project in the amount of $ 538, 543 and approves a 10% construction contingency in the amount of $ 53, 854 for a total cost not to exceed 592, 397, and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a related budget amendment transferring $ 108, 215 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) to support the increased construction cost.
The foregoing resolution was passed and adopted this 14th day of November, 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMEN
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22-44
CONTRACT
This Contract, dated November 14, 2022, is entered into by and between the City of Lathrop, a municipal corparation of the State of California ( City), and G& G Builders, 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 Installation of Rubberized Surfacing, CIP PK 22- 44 ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to: removal of engineered wood fiber, demolition and removal of concrete ramps, and installation of aggregate base and pourin- place rubberized recreational surfacing.
The work shall be completed within 50 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: 538, 543( Five Hundred Thirtv Eight Thousand, Five Hundred Fortv Three Dollars)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Warks Department and are hereby incorporated by reference ( i. e. Project Specifications, Project Plans, addenda, performance bond, labar and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by G& G Builders, Inc. on June 2, 2022. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents. Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. 00500- 1
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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 ofthe Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed 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 00500- 2
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of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and af rmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractar and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and ongoing obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements. The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements. d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 177 L 1( c)( 3) and/ or Labor Code Section 1771. 1( d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier.
b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion 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 00500- 3
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disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request. 2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor. c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent 00500- 4
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disclosure of an individual' s name, address and social security number. The name and address of contractar awarded the contract or performing the contract shall not be marked or obliterated. e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under the Notice to Contractors.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and 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 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;
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7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor; 8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, recards, 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 ofthe physical conditions of the Project site.
12. Assi nment. 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 accardance with the General Conditions.
14. Audits by CitX. During the term of this Contract and far 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.
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To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
To City: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7430
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor: G& G Builders, Inc.
Mailing Address: 4542 Contractor' s Place Livermore, CA 94551 Phone: 925) 846- 9023
Email: gcallahan @ builders. com
ATTN: Gerard Callahan
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 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. 00500- 7
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8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract. 9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City.
Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits.
14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day. 16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California. 17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party. 18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC 1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15.
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19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City.
21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City.
Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written" Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed. 23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' s Submitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
00500- 9
SECTION 00500
INSTALLATION OF RUBBERIZED SUFACING CONTRACT
CIP PK 22-44
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
00500- 10
F„
r
sEc rioN ao3ao
INS' t'ALLATiON OF RUBBERIZED SURFACING B! D PROPOSAL ORM5 CIP PK 22- 44
Bin rRorosA. i,Fou s
TC: City of Lathrap
390 Towne Centre Drive
Lathrop, CA 95330
ATTENT[ ON: City Clerk
F R: INSTALLATIQN OF RUBBERIZED SURFACING, CiP PK 22- 44 THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL C4MPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location of the proposed work and the Construction Documents; and he propases and agrees that ifthis Bid is accepted he wiil cantract with ihe City of Lathrop, in the form of the Contract as set forth in the Canstruction Documents for said project, to provide all the necessary labflr, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in fult payment therefore the price as proposed in the follawing Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, Iicensing costs, sales taxes, State, and/ or Federal, and any ather taxes, patent rights, ar rayalties are included in the prices quated in the Bid. All blank spaces must 6e filled in.
BASIS OF AWARQ
The basis for award of the contract wilE be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by the base bid or none of the work. 00300- 1
SECTION OU300
INSTALI AT1t.1N O RUBBERIZED S13RFACING BID PROPOSAL FORMS CIP PiC 22- 44
INSTALLATION 4F RUBBERIZED SURFACING
BID SCHEDULE
g
DESCRIPTION
UN[ T EXTENDED
ITEM QUANTITY UNIT' S
pRICE TOTAL
1 Mobiiization/ Bonds! lnsurance I LS 59, 551. 00 $ 59, 551. 00 2 Erosion and Sediment Cantral Plan( ESCP) i LS $ 923. 00 $ 1, 923. Qt} 3 Y
RemovclUfftiauilDispose of Existing 4, 665 SF
Q
F b a. 3s Zo,. 4s. 00
a"
RemavelOffhaul/ I) ispose of PCG
4 o
Ramps to 3, S" Depth
168 SF $
19. 23 $ 3, 230. OQ
5 Class II Aggregale Base 253 TON $
g4 3g $ Z5 43. 00
6 ` Rubberized Surfacin System- Complete 4, G65 F
g25. 55 $ 119, 656. UQ
Remove/ Offbaul/ Dispose of Existing
Fibar
3, 24 SF
g $ t6, 314. 00
RemovclOf haul/ Dispose of PCC
g
Ramps to 3. 5" Depth
8 r $25. 63 $ 2, 076. 00
F
9 Class II Aggregate Base 242 TON $ q9. 38 $ 20, 075. 00 10 Rubberized Surfacing System- Complele 3, 720 SF 26. 45 $ 98, 376. Q0 RemovetOf haul/ Dispose of Existing
Fibar
4, 695 SF $ 4. 38 $ 20, 584. 00
4 Remave/ Ofthaul/ Dispose of PCC
z
Ramps to 3. 5" Depth
2 5 SF $ t 9. 23 $ 4, 326. 00
F
13 3 Cless I1 A regate Base 255 TON $ 87, C9 $ 22, 36t. 00 w
14 E- Rubberized Surfacing System- Complete 4, 695 Sf 26. 51 $ E? 4,479. OQ TOTAL BID: $ 538, 543. 00
TOTAL BID IN WURDS: Five Hundred- Thirty Eight Thousand, Five Hundred- Porty Three Dollars and No Cents
00340- 2
sECT orr ao aa
1tiSTALLATION OF RUBBERIZED 5URFAClNG BID PROPOSAL F'OR111S C[ P PK 22-+W
INFURMATION REOUIRED UF SIDDER
The Bidder( Contractar) sha11 furnish the fol}owing information. This information is cansidered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful siudy of inethads applicable ta the work and full realizatian of the various factors which may affect the progress of the work. Failure to carnalv with this requirement mav render the Bid nan- resgonsive and maY cause its rejection Additional sheets shall be attached as required.
BIDDER' S INFORMATION
I) Bidder' s name and address:
G& G Builder, Inc.
4542 Contractors Place
Livermore, Ca 94550
2) Bidder' s telephone number: ( 925} $ 46- 9023
3) Bidder' s fax number: ( 9252 845- 9 52
4) Bidder' s Contractor' s License( Class): A& B
License No.: 750759
Expires: 6/ 3Q/ 24
5} Person who inspected site of propased work for Contractor' s firm:
Name: Tom Stavropoulos Date of Inspectian: 5 3 It22
5) List 3 projects af a nature similar to this project:
Project Contract Name, Address and
Price Tele hone Number of Owner
City of San Jase- San Jose, CA
La Calina Park 386, 710
Stacey Palomar/( 408) 535- 8409
City of Tracy- Tracy, CA
Huck& Sullivan Parks $ 370 gg
l eissen Mazan ios!( 209) 831- G4b7
SJUSD Playground
772 Sg SJUSD Various Sites- Sa Jose, CA
Modernizations
00300- 3
S CTiON 00300
1NSTALLATION OF RUBBEWZED SEJRFACING BIA PROPOSAI. FORMS CIA PK 22-d4
LIST F SUBCONTRACTORS:
The Bidder shall list below the name and business address ofeach subcantractor wha will perform wark under this Bid in excess of one- half of ane percent of the Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be dane by such subcontractor, in accordance with SecEion 4I07 of the Public Coniract Code. After the opening af bids, no changes or substitutions will be allowed except as otherwise provided by law. The iisting of more than one subcontractor far each item of vork to be performed with the words" and/ or" will not be permitted.
Failure to comply with this requiremeni may render the Bid non- respansive and may cause its rejection. Shauld the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing" Not Applicable" in the list below.
Subcontractor
License Perceat of
Work to be Performed N m er Total Contract Subcontractor' s Name& Address
1. Rubber Safety Surfacing 66726I 52% Robertsan Recreational Surfaces 2414 West l2th Street, Suite 5
Tempe, AZ 85281
2. 3.
4. 5.
6. Note: Attach additiona( sheets if required.
00300- 4
SECTION 0300
INST 1LLAT10N OF RUBBEItI? D SURFAC[ NG BID AROPOSAL FORh4S CIP PK 22- 44
ADDENDA
Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours of bid opening and acknawtedges receipt af the follawing addendum ( addenda):
None
Respectfully submitted,
6/ 2I22 G& G Builders, lnc.
Dated Legal Name of Firm
Signature of Au orize Repre tative
Seal)
If Bidder is a corporation, show State in which incorporated.} California
The full names and post office addresses of all persans and parties interested in the foregoing Bid as principals are as fo(laws:
NOTICE): Givs first and last names in full; in case oP corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Of ice addresses of all the individual members.
Gerard Callahan- President! Manager
Lorraine Cailahan- Secretary/ Treasurer
00304- 5
i o
SECTION 00300
N5TALLATION OF RI3BSERIZED SURFACING BCD PROFOSAL OEi1 iS CIP PK 22a4
BIDDER' S BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE G& G Builders, Inc., a California Corporation
as PRINCIPAL, and The Ohio Casvalty Insurance Company
as SURETY are held; and fiRnly bond unto the City of Lathrop in the penal sum of TEN PERCENT { 10°fo} QF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principai to the City of Lathrop for the work described belaw, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severalty, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum af$ 10% of the TotaJ hid Amaunt
THE CONDITION OF THIS OBLIGATIUN IS SUCH,
THAT, WHEREAS, the Principa) has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as foUows, for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, A: INSTALLATION OF RUBBERIZED SURFACING, CIP PK 22- 44
NOW, THEREFORE, if the Principai is awarded the contract and within the time and manner required under the specifications, after the prescribed farms are presented to him for signature enters into a written contract in the grescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for[ abor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
IN WITNESS WHEREUF, we have hereunto set our hands and seals on this 3 I st d y of lvta 20 Z?
L,-
i
crard Calla an, President
eal)
tc e e nwoo , A' o
iey- Sr.fact
G& G Builders Inc., Seal) The Ohio Casualty Insurance Co. Seal) Address: 4542 Contractors Place Address: 62 Maple Ave
L: vermare, CA 94551 Keene, NH 43431
NU' tF: Signatures ofthose executing for the surety must be praperty acknowledged. 0(}300
CALlFORNIA ALL- PURPCSE ACKNOWLEDGMENT CML CODE§ 1189
A no#ary public or ather Qfficer completing fhis cert9ficate verifies oniy the identity o€ the individua3 who signed the document to which this certifrcate is attached, and not the tnithfuiness, accuracy, or validity of tha#documaa State of Cafi-- /"
Coun f
f
On before me,
Date ere In N d fe of the Q er
personaily appeared
Name(s} of igner{s}
who proved to me on the basis of satisfactory evidence to be the person(s) whase name{s) is/are subscribed to the within instrumenf and acknowledgecf to me that helshe/ they executed the same in his/ her/ their author'szed capacity( ies), nd tha# by his/ lier/their signature( s) on the instrument the person{ s}, ar the entity uport behalf of which the person( s} acted, executecE the instrument.
I ce tify under PENALTY OF PERJURY under the Isws
of the State of California that the foregoing paragraph is true and correct.
i WITNESS my hand and offi ia! seal.
C.?. GRT GEN,
Natuy Publk• Gilfornia
c°" t" c" c°" ry Signature Com+Mfsion/ 23321I9 —
µy con, m, Expkes A Q 22, zoi4 nafure of N tary blic
Ptace Notary Sea! Above
OPT/ ONAL
Though this section is optional, complefing fhis information can deter alteraiion of the document or frauduleni reattachmen o,f hfs farm to an unlntended" cument.
Description of Attached Do t t l Y, S r''' P,-.
Title or Type of Docu ner:
v„ Document ate: Z yL
Number o# Pages: ca`' Signer(s) O#her Than Named Above: _ Capacity{ies} Ctai d ' e
Signer' s Name: Signer' s fVame:
Carpora# e Officer — Title(s): Q Corporate O cer — T Ee( sj:
O Partner — p Limited Generat Parkner — l,imite eneral
dividuat Attorney in Fact p Individual Attorney in Fact Trustee Guardian or Consenrator p Trustee Guardian or Consen+atar Other: Ot :
Signer Is Representing: Sig er Is Representing:
2014 National Notary Association• www. fVationalNotary. org• 1- 8fl0- US NOTAFiY( 1- 80d- 876- 682 Item# 5907 This Pawer of Attorney limits tha acis of lhose named herein, and they have ao authority fo bind ihe Company except in ths manner and to itie e ent herein stated.
U
L'sberty Mutual In,suranca Company
Mul.l.idi. The Ohio Casuaity lnsurance Company Certi6cateNo: 8206634-986932 West American Insurance Company
SURETY
PUWER G1F ATTORNEY
KNOWM ALL PERSONS BY THESE PRESENi5: Thffi The Ohio Casualry tnsurance Campany is a caparetion duly aganized under the laws of tha State of New Hampshire, tlsat liberty Mutuet Insurance Company is e caporalion duly aganized under the laws of the State o! AAassadwseUs, and West Ameriqn Insurance Campany is a corporalion duly organized under the laws nf the Stete af in ane( herein cotfedively called the` Companies' j, pursuant io end by auf aiiy herein set fatli, does hereby neme, constitute and appaint, Miche te Stanwood, Stcven Cuilaway. Thetesa R. Baner
a! I af tha dty of Picasant H il state of CA each i cfivir atly if thera be mora than one named, its true and fawful altomey- in•fac! to meke, execuie, seal, acknaNedge end deiiver, a and on its befialf as surely and its act and deed, any and a11 undertakings, twnds, recagn¢ ances and other surety obfgations, in{ wrsuance of Ihese presents and stia bs as binding upon Ihe Companies es if thsy have been duly signed by the p ddent end aBesled by iha secxetary of the Companies in their own proper persons.
IN WtTNESS WFiEREOF, khis Pawer of Attomey tras been subsaibed by an authaized officer ar offiaa o! the Canpanies and t e cixporate seais of the Companies hays been efbxed thereto tltis 2Bth day of Ocwber ? d2l .
Liberfy Mutuai Insurance Cumpany
y
IN3L,1 yZY lNg 1NSt fhe Ohio Cesuelt}r inSGtanCB Campany p*'
D1,.'' f'
o,, Rly a o+'
O,
r'' West Americ2o nsurance Company
3 6r . 6fi t` 6fi
1912 Q
1915
a `
a
1991 b . s
A//' /
I
a''* b _`'', a' Y 1DUMti' s
1 o
c n + ,`'' tia * , 1 BY' '
Uawd M. Garey, Assistant Setxetary c c`u State of PENNSYLYANW v Cc+unfy of MONTGOh 32Y E
On this 28th da ot pctotxr , 2023 befae me 0
y personatly appeared David M Garey, who adcnowledged himself to ba 1he Assistant Seaetary o{ Uberly Mutual InSur nce U ca Canpany, ihe io Casua pany, and West American Insurence Company, and that he, es such, beiag authaized so to do, execule the faegang instrument for the pwpos:_ tl erein cantained by signing un behaH oi the c rpaations by himseEt as a duty aulfi« ized officer.
IN WITNESS WHE tE6F, I have hereunt sn6saiDed my name and aifixed my notarial seal at IGng of Prussia, Pennsylva ia, on U e day and year first above wriqee.
AAST a C)
onw
E' Camma+. aroiWP« wyireuw-NotrySsN
Q ti
c,,= 9, Tema PetlaA, Ndry Pi Efc
y'- R/
d
Of ff" ap pdatl irelMird 2B. 20 3 Y; j o q j
Q1. r. yP paYu ivtlwNtou tlantlHaWfu
8SaP7${ 2 8 NOt8fyP1t 1C Q O
y
4 ¢ 11 d
y
RY O
Thiy Power of Attaney is made and eu uted pursuant to and by euihonty at the fdlawing By- faws and Anthaizetions of ihe Ohio Casueky Insurance Canpany, Liberty Mutuai E•— lnsuranCe Compdny, and West Ameticdn insuranCe Company which tesdu6ons are nav in ful! farce and eifect reading as ioilaws: a ARTICLE IV— OFFICERS: Seciion 12. Power ot Aifnmey. g
Any oEficet or other atfidal of ihe Corpora6a autliocized for tfiat purpase in writing by he Chairmen a the president, aad subject to such limitation as the G airtnan a tha Q v Prestient may prssaibe, sha eppdnt wch attomeys- indad, as may be neces.tary to ect in behalE oi ths Corporatian to make, e eecuie, seal, acknowledge and deliver ae wrely any and all nndertakings, bonds, recogniz nces end otl r sursty obligations. Sucfi attomeys• in- 1ad, subjeC to the limitations set fath in their respectivs powets oi attomey, sltap o have fufl po ver to Qind the Capaatian by Iheir signature and execu6on oi any such iastruments and to attech ihereta the seai of Me Corporation. When so executed, such g a
Z instrume ts shan 6e as hinding as ii signed 6y tha President and attested io by C e Sefxetary. Any pow r or authaity granted to any representative a attomey imfact under the ` m provisiats of this Artide may be tevoked at any time by fhe Baard, the Chairman, the President ar by the officer or oificers granting such power or authority. 1 ARTICLE XIII— E cacutian ot Contracts: Section 5. Surety Bonds and Undertakings, Any otficer af the Canpany autho ized far khet purpase in wribng 6y the chairman or the president, a d subject to such limilatlan5 as Ihe Chaim an a tA8 president may prssaibe. shab appaint such aUomays- in• fact, as may 6a necessary to act in behalf oi tha Canpany to make, ecvte, seal, adenov iedge and deliver as sursty eny and all undertakings, bands, recogriizffnces and other surety ohligations. Such attomeys- in- iaci subjess: t to the I ita6ons set forth in their mspec5ve paxers of attomey, shall heve full power to bind ihe Company by fhe+r signah re and 9 eecu6an o£ any sucfi instruments and lo aHach thereto the seal oi the Canpaoy. When so e cewied such inshuments shap 6e as bindng as if signed 6y t e president and attested by the seaetary.
CerUficata ai Oeaignation— The Presidenf of tha Canpany, acting pursuant to the Bylaws of t e Canpany, autl+orizes David M. Carey, Ass slant Secretery to appoint such atlomeys- ntad as may 6e necessary to ad on behalf oI the Gampany to make, execute, seal, acknavledge and deliver as surety any and al1 uodartakings, bonds, recognizances and dher surety obligehOtls.
Aultiorization— 6y unanimous coosent ot the Car any s Board of Directas, the Canpany cansents that taesimde or mechanically reproCuced signalure oi aoy assistaat seaefery ot the Canpany, wherever appearing upon a certifisd mpy ot e y power of aitomey issued by the Company in cor nection with surety bonds, shall be vafid and bindiny upon the Company wilh the same face and eRed as though aaually aifrxed.
1; Renee C. Uewellyn, the undersgned, Assistant aerselary, The Ohio Casualty Insutance Company, Libe ty Mutual Insurance Ccmpany, and West lvnerican Inswance Ganpany do hereby certiry Ihat tho aiginal pw er ot ettomey of which the toregcing is a full, we d caiect tbpy of ihe Pwrer of Attomey executed by ssid Canpanfes, is in tull torce a d et ct end has not been re vksd.
iN TESTINiONY WHERE4F, 1 have hereunto set my hand and e( fixed tha seais of said Companies this 3 tst day af tvlay 2422 .
Hsu, zY ihs NSU
3' 6°m 3'' 6 n a` p 6y°
1912 0 9999 ,", 1991 G, w( nGy'",. r;, a° so
s, •, o s
By:
8n ` t
k1 *'+
s ' a+*"
a
Renee C. Uewellym, Assistsnt etary
LMS• 52973 tMIC 4KtC WAtC Mutti Co 02f17
1 .. s
SECTIOiY 003U0
INSTALLATION OF RUBBE[tIZED SttRFAC1NG BID PROPOSAL FOItMS CIP PK 22- 44
NONCOLLUSIUN AFFIDAVIT
STATE 4F
ss.
COUNTY OF
Gerard Callahan , being first duly sworn, deposes and says that he or is President Qf G& G Builders, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on behalF of, any undisctosed person, partnership, company, associatian, organization, or corparation; that the bid is genuine and not collusive or sham; that the bidder has not direct( y or indirectly induccd or soticited 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 fram bidding; that the bidder has not in any manner, directly or indirectly, sou ht by agreement, communication, or confe ence with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract af anyone interested in the prapased contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his ar her bid price or any breakdown thereof, or the cantents thereof, or divulged information ar data relative thereto, or paid, and will not pay, any fee to any corporatian, partnership, company associated, or anization, bid depasitary, ar to any member or agent thereof to effectuate a collusive or sh ignature of: res en Secretary,
Manager, Project Manager or Representative
The County of Alameda
State of Cafifornia
Subscribed and sworn to{ or affirmed} before me
an this day of 20 , by
proved to
me on the basis of satisfactory evidence to be the
person( s) who appeared before me, See Attached
Seat
Signatare
00300- 7
CALl ORNIA CERTIFICATE F ACKNOWLEDGMENT
a.,
w....
A notary pubiic or other officer completing this certificate verifies only the Identity of the ind(vldual who slgned the document to whlch this certificate is attathed, and not the truthfulness, aaura , or validi of that document
State of California
County of . Alameda
n
6 i122
before me, _ Robert Dale Hoff, Notary Pub[ ic
here tnsert name and tkte of the afficer}
personally appea ed Gerard Callahan
C ai
i
7 who proved to me on the basis of satisfactory evidence to be the person{ s; whose name( is/ afe subscribed to the within instrume t and acknowledged to me that hekqe, f e executeci the same in hisf#eFk#e authorized capacity{ies}, and that by his, ef signature(fj on the instrument the perso{?, ar the entity upon beha( fof which the persort acted, executed the Instrument. i aan t ,
Q '•.
cenify under PENALTY OF PERJURY under the laws af the p0 yp"% ' State of Cafifomia that the foregoing paragraph is true and carrect. p, WITNESS my hand and official seal.
3 o,
y
iy . 2382 0`;•`+ !
Signature
li,", ij F* j; i„',;
2d}
a
s
ptionai Infarmatian
Aithough the tnformation in khEs section s nat reqt red by aw, it cautd prevent fraudulent remova! and reattachment of thi5 acknowledgment to an una thorized document and may prove sefu! to persans relying on the attached document.
Description of Attached pocument
The preteding Certificate of Acknow` sedgment is attached to a document Method of Signer ldentfficatlon titl2d/ f0 ih2 pU pbS2 Of Proved to me on the basis of satisfactory eviderue; Q fwm{ s) o/ identiftcai{ on Q credible wl; ness( es)
Notarka event is detai( ed tn notary Journa! on:
containing
u, .. m Pages, and dated Pa9e If Entry N
The signer( s} city or autharity is/ are as: Notarycontaa:
lndividual{ s)
Other
Attomey- in- Facc
Corpotate(? ffiter{s)
Additlonat5tgner( s} (] 5igner( s) Thumbprintts)
Ttlrts)
GuardiaNConservator
Q Pattner- Umited/ Generai
Trustee{ s1
Other.
represeniing:
Namc; s3 of Aetson{ s} o pnilry( les} Sfgner I Heprcsenting o upyi^ghe W 20te Noury Rosary, P4 0ar 4} 4pp, pes Motne, U i031- 0547 aii Aig u Ae rsysd hsm Humher t0i772. piuse conss< t your Autho zed Reselser[ o purchase ceRies of this fpm+ SECTI( 1N 043U0
ItiSTALLAT[ nN UF RUBBERIZEO SUREACING BId PROPOSAL ORh15 CiP FK 2Z- 44
PUBLIC C4NTRACT CODE SECTION 10162 QUESTI4NNAIRE
n accordance with Pubiic Contract Code Section 10162, the Bidder s all complete, under penalty of perjury, the following questionnaire:
Has the Bidder, any afficer of the Bidder, or any employce of the Bidder, who has a proprietary interest in the Bidder, ever been disqualifted, remaved, or otherwise prevented frarn bidding on, or completing a federal, state, or lacal gavernment project because af a violation of law or a safety regu) atiun? Yes, No
1 f the answer is yes, explain the circumsEances in the foi(owing space.
PUBLIC CONTRACT SECTIUN 10232 STATEMENT
n accordance with Public Cantract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one Fnal unappealable finding of contempt of court by a federal caurt has been issued against the Contractor within the irnmediately preceding two year period because of the Contractor' s failure to comply with an order of a federa! court which orders the Contractor to camp(y with an order of the Natianal Labor Relations Board.
N4TE: The above Staternent and Questionnaire are part of the Proposal. Signing this proposai on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certificacion may subject the certifier to criminal prosecution.
END OF SECTI4N)
oo3aa- a