2023-03-13_item_4.20_create_cip_ps_23-15_road_levee_access_gates_award_construction_contract_to_pisor_fence_division_inc

ITEM 4. 20

CITY MANAGER' S REPORT
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PS 23- 15, ROAD AND LEVEE ACCESS

GATES, AWARD CONSTRUCTION CONTRACT TO
PISOR FENCE DIVISION, INC. AND APPROVE

BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Approving the Creation of CIP PS 23- 15, Road and Levee Access Gates, Awarding a
Construction Contract to Pisor Fence Division, Inc.
and Approving Budget Amendment
SUMMARY:

Staff is proposing the creation of Capital Improvement Project ( CIP) PS 23- 15 Road and Levee Access Gates ( Project) to restrict the public from accessing Reclamation District ( RD) 17 levees and closed segments of City roads by installing steel fencing and gates at various locations.

The bid solicitation package for the construction of the project was advertised on December 19, 2023 in accordance with Informal Bidding Procedures in CA PCC 22034 California Uniform Public Construction Cost Accounting Act) and Lathrop Municipal Code ( LMC) 3. 30. 060 and 3. 30. 070.

Public Works received and opened three ( 3) bids on January 18, 2023. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the project was determined to be Pisor Fence Division, Inc. ( Pisor), with a bid of 54, 508.

Staff requests City Council approve the creation of CIP PS 23- 15, award a construction contract to Pisor, and authorize a 20% project contingency of $ 10, 902 for a total construction cost not to exceed $ 65, 410.

Staff also requests City Council approve a budget amendment to fund the construction of the Project ( see Fiscal Impact).

BACKGROUND:

Unhoused encampments, graffiti, and trash dumping have negatively affected the RD 17 levee near the South Lathrop Specific Plan. RD 17 and the City have identified three points of levee access as candidates for the installation of steel fencing and gates ( see Attachment B, Project Location Maps):

Both ends of the RD 17 access tunnel from Mossdale County Park underneath Manthey Road and the WB State Route 120 connector ramp to SB Interstate 5 Two driveways at the north and south ends of Jefferson Way CITY MANAGER' S REPORT PAGE 2
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 15, ROAD AND LEVEE ACCESS GATES, AWARD CONSTRUCTION CONTRACT TO PISOR FENCE DIVISION, INC. AND APPROVE

BUDGET AMENDMENT
A 4, 000' segment of Howland Road suffered extensive pothole damage in the storms during late December and early ) anuary, and needs to be closed to the traveling public to reduce the City' s liability for vehicle damage. Due to the high cost of maintenance and minimal access and benefit that this roadway provides, stafF intends to abandon Howland Road at a later date. A combination of one pipe gate and multiple concrete- filled steel bollards is proposed for install at both ends of the segment to restrict public access ( see Attachment B, Project Location Maps).

Both proposed gate and bollard systems will allow the City and RD 17 to access the facilities secured therein while restricting public access.

City staff prepared the plans and technical specifications. The informal bid solicitation package for the Project was advertised on December 19, 2022, in accordance with Informal Bidding Procedures in CA PCC 22034 and LMC 3. 30. 060 and 3. 30. 070. Three 3) bids were received and opened by staff on January 18, 2023, all determined to be responsive and from responsible bidders. The bid results are summarized in Table 1 below:

Tab/ e 1; Summar of Bid Resu/ ts
Contractor Total Bid
Pisor Fence Division, Inc. 54, 508. 00
All Steel Fence, Inc. 56, 238. 12
Stockton Fence & Material Co., Inc. 94, 264. 00
Staff reviewed and evaluated the bids and determined that the lowest responsive and responsible bidder is Pisor.

Staff requests City Council award a construction contract to Pisor for $ 54, 508, authorize a 20% contingency of$ 10, 902 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 65, 410.

Staff also requests City Council approve a budget amendment to fund the construction of the Project ( see Fiscal Impact).

REASON FOR RECOMMENDATION:

The proposed fences and gates will deter vandalism, dumping and damage to RD 17 levees and restrict public access to a damaged portion of Howland Road, thereby reducing the City' s maintenance and clean- up costs near RD 17 levees and liability for the damaged road.

CITY MANAGER' S REPORT PAGE 3
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 15, ROAD AND LEVEE ACCESS GATES, AWARD CONSTRUCTION CONTRACT TO PISOR FENCE DIVISION, INC. AND APPROVE

BUDGET AMENDMENT
FISCAL IMPACT:

Table 2 below summarizes the costs for gates at each facility.

Tab/ e 2: Summar of Item Costs
Item Cost 20% Cont. Total Fund Source
RD 17 Gates 17, 800 $ 3, 560 21, 360 Measure C
Jefferson Wa Gates $ 13, 800 $ 2, 760 16, 560 SLSP CFD
Howland Road Gates $ 22, 908 $ 4, 582 27, 490 CIP PS 22- 16 Sufficient funds for the construction of the Project were included in the adopted Fiscal Year 22/ 23 budget, but not allocated to the Project. Therefore, staff is also requesting the following budget amendment to fund the construction of the Project:

Transfer $ 21, 360 from the Measure C Fund 1060 to the CIP Project Fund ( 3310) as follows:

Increase Transfer Out
1060- 9900- 990- 9010 21, 360
Increase Transfer In
3310- 9900- 393- 0000 PS23- 15 21, 360
Increase Expenditures
3310- 8000- 420- 12- 00 PS23- 15 21, 360
Transfer $ 16, 560 from the SLSP CFD Fund 2670 to the CIP Project Fund ( 3310) as follows:

Increase Transfer Out
2670- 9900- 990- 9010 16, 560
Increase Transfer In
3310- 9900- 393- 0000 PS23- 15 16, 560
Increase Expenditures
3310- 8000- 420- 12- 00 PS23- 15 16, 560
CITY MANAGER' S REPORT PAGE 4
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 15, ROAD AND LEVEE ACCESS GATES, AWARD CONSTRUCTION CONTRACT TO PISOR FENCE DIVISION, INC. AND APPROVE

BUDGET AMENDMENT
Transfer $ 27, 490 from the PS 22- 16 Traffic Calming Fund 2670 ( HUTA) to the CIP Project Fund ( 3310) as follows:

A. Resolution Approving the Creation of CIP, PS 23- 15 Road and Levee Access Gates, Awarding a Construction Contract to Pisor Fence Division, Inc. and Approving Budget Amendment
B. Construction Contract with Pisor Fence Division, Inc. for CIP PS 23- 15, Road and Levee Access Gates
C. Project Location Map
CITY MANAGER' S REPORT PAGE 5
MARCH 13, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP PS 23- 15, ROAD AND LEVEE ACCESS GATES, AWARD

CONSTRUCTION CONTRACT AND APPROVE BUDGET AMENDMENTS
APPROVALS:
c,--/ 2 ."Z
Steven Hollenbeak Date
Assistant Engineer
3 -2 -Z3
e Reed Date
Senior Construction Manager
3/ 2 20Z3
Brad T ylor Date
City Engineer
Fo t c 3 Z 2eZ 3
Cari James Date
Director of Finance
3 l l Z o Z3
Michael King Date
Assistant City Mana er
3 • zaZ
Salvador Navarrete Date
City Attorney
3•• Z3
Ste en J. Salvatore Date
City Manager
RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING THE CREATION OF CIP PS 23- 15, ROAD AND LEVEE ACCESS

GATES, AWARDING A CONSTRUCTION CONTRACT TO PISOR FENCE
DIVISION, INC. AND APPROVING BUDGET AMENDMENT
WHEREAS, the City is in need of gates to control vehicular and pedestrian access to levees and closed segments of public roads; and WHEREAS, CIP PS 23- 15 Road and Levee Access Gates is proposed to construct various steel fencing, gates and bollards to control public access to these facilities; and
WHEREAS, City staff prepared and distributed the plans and technical specifications for informal bid solicitation on December 19, 2022 in accordance with Informal Bidding Procedures in CA PCC 22034 ( California Uniform Public Construction Cost Accounting Act) and Lathrop Municipal Code ( LMC) 3. 30. 060 and 3. 30. 070; and WHEREAS, a total of three ( 3) bids were received and opened by Public Works staff on January 18, 2023; and
WHEREAS, based on review and evaluation of the bids, the lowest responsive and responsible bidder was determined to be Pisor Fence Division, Inc. ( Pisor) with a bid of $ 54, 508; and
WHEREAS, staff is requesting that City Council approve the creation of CIP PS 23- 15 Road and Levee Access Gates and award a construction contract to Pisor for $ 54, 508 plus a 20% contingency of $ 10, 902 for a total cost not to exceed 65, 410; and
WHEREAS, to fund the construction costs, staff also requests City Council approve the following budget amendment:

Transfer $ 21, 360 from the Measure C Fund 1060 to the CIP Project Fund ( 3310) as follows:

Increase Transfer Out
1060- 9900- 990- 9010 21, 360
Increase Transfer In
3310- 9900- 393- 0000 PS23- 15 21, 360
Increase Expenditures
3310- 8000- 420- 12- 00 P523- 15 21, 360
Transfer $ 16, 560 from the SLSP CFD Fund 2670 to the CIP Project Fund ( 3310) as follows:

Increase Transfer Out
2670- 9900- 990- 9010 16, 560
Increase Transfer In
3310- 9900- 393- 0000 PS23- 15 16, 560
Increase Expenditures
3310- 8000- 420- 12- 00 PS23- 15 16, 560
Transfer $ 27, 490 from the PS 22- 16 Project Fund ( HUTA) to the CIP Project Fund 3310) as follows:

Transfer In
3310- 9900- 393- 0000 PS 22- 16 27, 490)
3310- 9900- 393- 0000 PS 23- 15 27, 490
Expenditures
3310- 8000- 420- 12- 00 PS 22- 16 27, 490)
3310- 8000- 420- 12- 00 PS 23- 15 27, 490
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the creation of Capital Improvement Project ( CIP) PS 23- 15 Road and Levee Access Gates and award a construction contract to Pisor Fence Division, Inc. for the construction of the proposed project for $ 54, 508 plus a 20% contingency of $ 10, 902 for a total cost not to exceed $ 65, 410 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 the budget amendment detailed above.

The foregoing resolution was passed and adopted this 13th day of March 2023, 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

ATTACHMENT
Q ..

ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT

CONSTRUCTON CONTRACT
This Contract, dated March 13, 2023, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Pisor Fence Division, 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 Road and Levee Access Gates, CIP PS 23- 15 ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.

The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to provision of materials and construction of two (2) steel tunnel gates and four (4) steel pipe gates and installation of twelve ( 12) bollards, and any task necessary to accomplish the aforementioned tasks.

The work shall be completed within 30 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: 54, 508 ( Fifty Four Thousand Five Hundred Eight)

3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Pisor Fence Division, Inc. on January 18, 2023. 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.

ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT

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, ar 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 ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 1NDUSTRIAL 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 DIlZ Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on- going obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
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 ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ or Labor Code Section 1771. 1( d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. 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 CTTY: ( 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 CTTY' 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 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.

ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 CTTY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. fl In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a
penalty of One- Hundred Dollars($ 100. 00)
to the CTTY for each calendar day, ar portion thereof, far 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.

ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractar 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 Contractar;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION 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; ll) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.

12. Assi 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 accordance with the General Conditions.

14. Audits bv City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project- related and Work- related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.

15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, ( 2) sent by the United States mail, postage prepaid,( 3) sent by private express delivery service, or( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), ( 2) or ( 3) above.

Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7363
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:

Phone:

Fax:

ATTN:

16. Miscellaneous
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 ar 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, ar requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 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.

ROAD AND LEVEE ACCESS GATES, CIP PS 23- 15

CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

By:

Name:

Title:

CITY OF LATHROP
APPROVED AS TO FORM:

B y:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

B y:

Michael King, P.E., Assistant City Manager
APPROVED:

By:

Stephen J. Salvatore, City Manager

ATTACHMENT A
RECLAMATION DISTRiCT l7 LEVEE ACCESS GATES

REVISED BID SCHEDULE
BID

DESCRIPTION QUANTITY UNITS

UNIT EXTENDED

ITEM PRICE TOTAL
1 Tunnel Access Gates Per Project Plans
2 EA 8, 900. 00 $ 17, 800. 00 RD 17 Tunnel
Pipc Double Gates @ 20' Ea. Pcr City
2 Sid. Details - 2 and F- 3 — Jefferson 2 EA $ 6, 900. OQ $ 13, 800. 00 Way
3 ire Road Barticade per City Std. Detail
2 EA 3, 900. 00 7, 800. 00 F- 2— Howland Road
4 Bollards per modified City Std. DetaiI
S 2 EA
R- 68— Howland Rd. 1, 259. 00 $ 15, 108. 00
TOTAL 8ID: _ 4. 548. 00
TOTAL BID IN WORDS• Fifty four thousand Five hundred eight dollars Et no cents

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Lathrop City CouncilMarch 13, 2023

Lathrop City Council
March 13, 2023