ITEM 4. 5
CITY MANAGER' S REPORT
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO
STOCKBRIDGE GENERAL CONTRACTING, INC. FOR
SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND
APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to Stockbridge General Contracting, Inc. for the
Shilling Avenue Basin Park, CIP PK 22- 34 and
Approve Budget Amendment
SUMMARY:
Pursuant to prior City Council direction, Capital Improvement Project ( CIP) PK 22- 34 Shilling Avenue Park ( Project) was establish to utilize the existing City -owned 1- acre retention pond and construct a new park at the northwest corner of Shilling Avenue and Reverend Maurice Cotton Drive. The proposed construction work consists of demolition and off -haul of existing landscape and debris, grading, installation of fence, gates, children' s play structure with rubberized surfacing, irrigation, plant materials, water play equipment, and exterior furniture including shaded picnic tables with barbecues and park benches. Street frontage improvements will provide new curb, gutter, sidewalk, pavement grind and overlay with new signing and striping.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on May 5, 2023 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)
2. 36. 060. The City Clerk received and opened two ( 2) bids on June 1, 2023. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for construction of the Project was determined to be Stockbridge General Contracting, Inc. ( Stockbridge) with a bid of $ 2, 022, 978.
Staff is requesting City Council award a construction contract to Stockbridge for construction of improvements pursuant to CIP PK 22- 34 Shilling Avenue Park in the amount of $2, 022, 978 and authorize a 15% construction contingency of $ 303, 447 for a total cost not to exceed $ 2, 326, 425.
Sufficient funds were not allocated in the approved Fiscal Year ( FY) 2022/ 23 budget to award the contact. Under a separate item on tonight' s agenda, Council is considering the approval of the Biennial CIP Budget for FY 2023- 2025 that includes a request of $ 1, 300, 000 for CIP PK 22- 34. Award of this contract will be contingent upon Council' s approval of the Biennial CIP Budget for FY 2023- 2025. However, additional funding is needed for construction of the Project. Therefore, staff is also requesting Council approve a budget amendment transferring $ 1, 026, 425 from Measure C Fund 1060) to the CIP Project Fund ( 3010) to award a construction contract and include a 15% contingency.
CITY MANAGER' S REPORT PAGE 2
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO STOCKBRIDGE GENERAL
CONTRACTING, INC. FOR CONSTRUCTION OF SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND APPROVE BUDGET AMENDMENT
BACKGROUND:
On May 16, 2022, City Council reviewed a conceptual design of the Project and determined the amenities to be included within the park' s ultimate configuration. The new park will include a perimeter -walking trail, a small children' s play structure with rubberized fall surfacing, shaded picnic tables with barbecues, park benches, garbage cans, a drinking fountain, and a 4' perimeter fence. Additional amenities consist of outdoor fitness stations, a water play fountain, grouted cobble at basin and lighting.
Street frontage improvements will provide new curb, gutter, sidewalk, pavement grind and overlay with new signing and striping.
NorthStar Engineering, HCS Engineering, and Sam Harned Landscape Architecture prepared the civil, electrical, and landscape improvement plans, respectively. The bid solicitation package with plans and specifications for the construction of the Project was advertised on May 5, 2023 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060.
Two ( 2) bids were received; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Contractor Base Bid
Stockbridge General Contracting, Inc. 2, 022, 977. 15
McGuire and Hester 2, 308, 685. 25
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is Stockbridge. Staff requests City Council adopt a resolution awarding a construction contract to Contractor for $ 2, 022, 978.
Staff also requests City Council authorize a 15% construction contingency of $303, 447 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 2, 326, 425.
REASON FOR RECOMMENDATION:
The Project was approved by Council and reviewed by the Measure C Community Oversight Committee for conformance with the intent of the Measure. Awarding a construction contract to Stockbridge will allow the Project to proceed with improvements to the existing basin and construction of a new park. The proposed park will have amenities including playground, outdoor fitness stations and a water feature to provide a new recreational opportunity for residents and children in nearby neighborhood.
CITY MANAGER' S REPORT PAGE 3
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO STOCKBRIDGE GENERAL
CONTRACTING, INC. FOR CONSTRUCTION OF SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND APPROVE BUDGET AMENDMENT
FISCAL IMPACT:
The proposed construction contract with Stockbridge is for $ 2, 022, 978. A 15% construction contingency of $ 303, 447 is requested, for a total cost not to exceed 2, 326, 425. Initial funds were allocated to the Project for planning and designing the improvement plans.
Sufficient funds were not allocated in the approved Fiscal Year ( FY) 2022/ 23 budget to award the contact. Under a separate item on tonight' s agenda, Council is considering the approval of the Biennial CIP Budget for FY 2023- 2025 that includes a request of $ 1, 300, 000 for CIP PK 22- 34. Award of this contract will be contingent upon Council' s approval of the Biennial CIP Budget for FY 2023- 2025. However, additional funding is needed for construction of the Project. Therefore, staff is also requesting Council approve a budget amendment transferring $ 1, 026, 425 from Measure C Fund 1060) to the CIP Project Fund ( 3010) as follows:
Increase Transfer Out
1060- 9900- 990- 9010
Increase Transfer In
3010- 9900- 393- 0000
Increase Expenditures
3010- 8000- 420- 12- 00
ATTACHMENTS:
1, 026, 425
PK 22- 34 $ 1, 026, 425
PK 22- 34 $ 1, 026, 425
A. Resolution Awarding a Construction Contract to Stockbridge General Contracting, Inc. for the Shilling Avenue Basin Park, CIP PK 22- 34 and Approve Budget Amendment
B. Construction Contract with Stockbridge General Contracting, Inc. for Construction of Shilling Avenue Basin Park, CIP PK 22- 34
CITY MANAGER' S REPORT PAGE 4
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO STOCKBRIDGE GENERAL
CONTRACTING, INC. FOR CONSTRUCTION OF SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND APPROVE BUDGET AMENDMENT
APPROVALS:
61--,
Angel Abarca
Assistant Engineer
Ken Reed
Senior Construction Manager
Brad aylor
City Engineer
6- 5'- 20L3
Date
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Date
6 / SIiv 3
Date
Date
Director o Finance
Michael King
Assistant City Ma ger
Salvador Navarrete
City Attorney
Ste en J. Salvatore
City Manager
0 - S- ZoZ3
Date
S- 2© Z3
Date
O•• 2
Date
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING
A CONSTRUCTION CONTRACT TO STOCKBRIDGE GENERAL CONTRACTING, INC. FOR THE SHILLING AVENUE BASIN PARK, CIP PK 22- 34 AND APPROVE
BUDGET AMENDMENT
WHEREAS, pursuant to prior City Council direction, Capital Improvement Project ( CIP) PK 22- 34 Shilling Avenue Park ( Project) was established to utilize the existing City -owned 1- acre retention pond and construct a new park at the northwest corner of Shilling Avenue and Reverend Maurice Cotton Drive; and WHEREAS, the proposed construction work consists of demolition and off -haul of existing landscape and debris, grading, installation of fence, gates, children' s play structure with rubberized surfacing, irrigation, plant materials, water play equipment, and exterior furniture including shaded picnic tables with barbecues and park benches; and
WHEREAS, street frontage improvements will provide new curb, gutter, sidewalk, pavement grind and overlay with new signing and striping; and WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on May 5, 2023 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, two ( 2) bids were received and opened on June 1, 2023; and WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be Stockbridge General Contracting, Inc. ( Stockbridge) with a bid of $ 2, 022, 978; and WHEREAS, staff is requesting City Council award a construction contract to Stockbridge for the construction of CIP PK 22- 34 Shilling Avenue Park in the amount of $2, 022, 978 and authorize a 15% construction contingency of $303, 447 for a total cost not to exceed $ 2, 326, 425; and
WHEREAS, sufficient funds were not allocated in the approved Fiscal Year FY) 2022/ 23 budget to award the contact; and
WHEREAS, under a separate item on tonight's agenda, Council is considering the approval of the Biennial CIP Budget for FY 2023- 2025 that includes a request of 1, 300, 000 for CIP PK 22- 34; and
WHEREAS, award of this contract will be contingent upon Council' s approval of the Biennial CIP Budget for FY 2023- 2025; and
WHEREAS, additional funding is
Therefore, staff is also requesting Council
1, 026, 425 from Measure C Fund ( 1060)
Increase Transfer Out
1060- 9900- 990- 9010
Increase Transfer In
3010- 9900- 393- 0000 PK 22- 34
Increase Expenditures
3010- 8000- 420- 12- 00 PK 22- 34
needed for construction of the Project.
approve a budget amendment transferring
to the CIP Project Fund ( 3010) as follows:
1, 026, 425
1, 026, 425
1, 026, 425
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Stockbridge General Contracting, Inc. for construction of Shilling Avenue Basin Park, CIP PK 22- 34 for a cost of $2, 022, 978; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency of $ 303, 447 for a total cost not to exceed $ 2, 326, 425 for construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment transferring $ 1, 026, 425 from the Measure C Fund 1060) to the Project CIP Fund ( 3010) as detailed above.
The foregoing resolution was passed and adopted this 12th day of June, 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
r .Q •
CONSTRUCTION CONTRACT
This Contract, dated , is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Stockbridge General Contracting, Inc. (Contractor), whose Taxpayer Identification 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 Shilling Avenue Basin Park, CIP PK 22- 34 ( 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 demolition and off -haul of existing trees and components, grading, construction of horizontal and vertical concrete elements, fences, gates and rubberized surfacing, and installation of irrigation, plant material, play equipment, exterior furniture and other typical park amenities. Frontage improvements will include construction of new curb, gutter, sidewalk, and repaving Hot -Mix -Asphalt ( HMA) with new signing and striping.
The work shall be completed within 120 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: $ 2, 022,978
3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Works Department and are hereby incorporated by reference ( i.e.
Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by Stockbridge General Contracting, Inc. on February 28, 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.
4. Compensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' s default of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and 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 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 CITY: ( i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on 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 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. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10- day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict 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;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by 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.
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
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, 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. 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 Item List
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.
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
APPROVE O FORM -
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
ExHuarr n.L„
SECTION 00300
SHILLING AVENUE BASIN PARK BID PROPOSAL FORMS
CIP PK 22- 34
BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: SHILLING AVENUE BASIN PARK, CIP PK 22- 34
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
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 proposes and agrees that if this Bid is accepted he will contract with the City of Lathrop, in the form of the Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award ofthe contract will be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid, or none of the work. 00300- 1
SECTION 00300
SHILLING AVENUE BASIN PARK BID PROPOSAL FOPINIS CIP PK 22- 34 SHILLING AVENUE BASIN PARK, CIP PK 22- 34
BASE BID SCHEDULE
BID
ITEM DESCRIPTION QUANTITY Q UNITS
UNIT
PRICE
EXTENDED
TOTAL
I MOBILIZATION / BONDS / INSURANCE l LS
2 TRAFFIC CONTROL I LS t! Sco Ito Sar,
3 EROSION AND SEDIMENT CONTROL PLAN
ESCP l LS
I jP ilov
4 SITE CLEARING AND DEMOLITION 1 8 3ac
S SAWCUT
REMOVE
AND
EXISTING
REMOVE
FENCE
EXISTING
AND GATE
HMA 8, 500
l
SFE y
cxac
p
S oQo
7 ROUGH GRADING AND ESTABLISH
SUBGRADE - PLAY AREA 43, 560 SF
8 STORM DRAINAGE SYSTEM I LS 3tr, 2 3
9A WATER -SYSTEM IRRIGATION SYSTEM 1 / cxx> 1 + ,
1"r
LS Zc bto goo
1 l SEAT WALL 48 LF Zoo 13 440
12 PEDESTRIAN CONCRETE - ONSITE 6,932 SF I(G; j ITT
13 PLAY AREA EDGE CURB 49 LF O BI-1U
14 MOW CURB 767 LF 3oj 29 q 13
15 RUBBERIZED PLAY AREA SURFACING 1, 540 SF Z p I b
16 VERTICAL CURB AT UPSLOPE OF PAVING 469 LF q 5
17 CHAIN LINK FENCE 477 LF 44 a 1 L p f3v
18 DECORATIVE METAL FENCE 4S5 LF SZ 32S
19 TUBE STEEL SCREEN FENCE
65E
Lis,
1p 12 So
20 DOUBLE GATE AT DECORATIVE METAL FENCE 4
3 21 DOUBLE GATE AT TUBE STEEL SCREEN FENCE 1 S
22 BENCH 3 330 9} p
23 TRA5H RECEPTACLE 1
BIKE RACK, CIRCLE 2
00 Itbo
1 1
00 25 PICNIC TABLE, 6- FOOT 3 EA
26 PICNIC TABLE, B- FOOT, ADA ACCESSIBLE 1 EA gQp 4
27 PLAYGROUND EQUIPMENT, FURNISH AND
INSTALL, COMPLETE I LS Z62, Z- m
202-1 ZSO
28 TREE - 24" BOX 17 EA 3b o { p
29 SHRUBS S- GALLON 332 EA 3t)
30 GROUND COVER, 1- GALLON 1, 132 EA Z •Sa 1 p
31 CRUSHED AGGREGATE 190 SF 33D
32 SOD 12, 757 SFb3Z33 REDWOOD HEADER I 477 LF 3 33
34 BARK MULCH - 3" AT PLANTER AREAS i 5, 069 SF Gjp b 2 - 1 a 35 AGGREGATE MULCH - 3" AT BASINPLANTER
AREAS 15, 837 SF 1, S' 3v $ 2 ,
tS
36 SOIL PREPARATION - TURF 12, 757 SF y' gy3
37 SOIL PREPARATION - SHRUBS 20, 906 SF Ss D
00300- 2
SECTION 00300
SEULLING AVENUE BASIN PARK BID PROPOSAL FORMS
CIP PK 22-34
BID
ITgM DESCRIPTION QUANTITY UNITS
T EXTENDED
PRICE TOTAL
38 PLANT ESTABLISiiMSNC AND 180- DAY
33, 663 SF.— b`s MAINTENANCE
39 PICNIC SHADE STRUCTURE 1 LS RQ S-do Cso
40 1 PARR; SIGN I EA to. c) SOO
41 SPLASH PLAY GROUND, FURNISH AND
INSTALL. COMPLETE I LS 41*2,, ftt Ll t Z, Nits,
CONSTRUCT 6" VERTICAL CURB AND
42 GUTTER - CITY STANDARD DETAIL ( R11) 536 L
S 2 ` , 4 ev
43 INSTALL ADA CURB RAMPS W/
PAVEMENT LANDING AREA 4 EA
44 AGGREGATE BASE 189 TN 9138._ Z 2-
45 COLD PLANE 4339 Sy it - 10 3 i "
46 CONSTRUCT PCC SIDEWALK 2,762 SF i r', 3 ' SO
47 DRIVEWAY APRON - AC / 4- ABI 12 EA J & 0 A i z o o D 48 PLACE HMA flt2w TYPE A 461 TN 2- 1 980 1 9 3
49 THERMOPLASTIC STRIPING -
CALTRANS STD. DETAIL 1 625 LF Ei Sao
50 THERMOPLASTIC STRIPING -
CALTRANS STD. DETAIL 22 250 LF 71 o 00
51 THERMOPLASTIC STRIPING -
THERMOPLASTIC
CALTRANS
WHITE LINE
STD. DETAIL
STRIPING -
27B
12"
450
66 LF
LF
11 4
Lit
0 i9
4 YO
53 THERMOPLASTIC MARMGS - STOP 5 EA 9DO 2( 6 m
54 INSTALL BLUE REFLECTIVE
PAVEMENT MARKER 2 EA 3 D is 0
TOTAL BASE BID:— 2-
1 0 Z 2-) cl . STOTAL BASE BID IN WORDS: 7\7i jo M r 1. L,.1 0 Tws I - Cwp - TIA p OSA-Q p N N 9 H') O[) Qe+o S • tom r`{ SS Jr_ sJ i7bU-AiL AvD
F\ i -rc& I C`6-ni- r.5
EWORMATION REQUIRED OF BIDDER
The Bidder ( Contractor) shall famish the following information. This information is considered 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 study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to eomply with thk uirement may reader the Bid non-resaonsive and may_ cause its miection. Additional sheets shall be attached as required.
00300- 3
SECTION 00300
SHILLING AVENUE BASIN PARK
CIP PK 22- 34
BIDDER' S INFORMATION
1) Bidder' s name and address:
Stockbridge General Contracting, Inc.
2972 Larkin Avenue
Clovis, CA 93612
2) Bidder' s telephone number: ( 559) 292-2900
3) Bidder's fax number: ( 559) 476- 1780
BID PROPOSAL FORMS
4) Bidder' s Contractor' s License ( Class): A, B, C- 8, C27, C61/ D09, C61/ D34 License No.: 967612
Expires: 6/ 30/2023
5) Person who inspected site of proposed work for Contractor' s firm:
Name: Zach Jakusz/ Todd Hollis pate of Inspection:
5) List 5 projects of a nature similar to this project:
Project Contract Name, Address and
Price Telephone Number of Owner
State Farm Sports
Village III 2 261 820 City of Bakersfield- 1600 Truxtun Avenue, 3rd Floor Phase Bakersfield, CA 93307- 5141 / ( 661) 852- 2120
Greenfield Park 2, 147, 016 City of Greenfield- 599 El Camino Real Greenfield, CA 93927 / ( 831) 674- 5591
Riverstone 5, 600, 000 Valley Development, Inc. - 370 Lodge Road South Madera, CA 93636 / ( 559) 237- 7000
San Pablo Raceway 5, 330, 098 San Pablo Raceway- 2601 Road 20 San Pablo, CA 94806 / 562 577- 7228
Muscle Shoals Solar 26, 012, 843 Muscle Shoals Solar- 211 Industrial Drive Muscle Shoals, AL 35661 / ( 617) 37741301
00300- 4
SECTION 00300
SHILLING AVENUE BASIN PARK
CIP PK 22-34
LIST OF SUBCONTRACTORS:
BID PROPOSAL FORIMS
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent ofthe Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4147 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item ofwork to be performed with the words " and/ or" will not be permitted.
Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should 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.
Work to be Performed
1. PIP RUBBBER SURFACE
2, LANDSCAPE/ IRRIGATION
3. PLAY INSTALL
4. WATER PLAY INSTALL
Subcontractor
License
Number
854429
967955
Percent of
Total Contract
0 2--
808069 . p LI
833691 Q
5. ( Cat C roS rZ
Note: Attach additional sheets if required.
Subcontractor / Address / Phone #
SPECTRATURF
555 S PROMENADE AVE # 103
800- 975- 57AS
ELITE LANDSCAPE CONSTRUCTION INC
2972 LARKIN AVE
559- 292- 7760
CREATIVE BUILDERS
PO BOX 1568
707- 763- 6210
KING KAHN DRILLING
9315 N. FOWLER AVE
559- 994- 6025
p u S-T -EL t-- C,. t cks r ntc. .
P. O. tSvX ( 3c, 9
7' 1coP, j3o
0- 1 96 8 a 9
CkP_45P COMP Ar- y
C Cy t . S- raiL, 7S AVE
S ;,, c1e 7-,,,4 , OA ` - S- Zt s2-09 949, zt --5"
ii6, 60- 5
SECTION 00300
SHILLING AVENUE BASIN PARK BID PROPOSAL FORMS
CIP PK 22-34
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one-half of one percent ofthe Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted.
Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should 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 Percent of
Work to be Performed Number Total Contract
1. E_L- GCT12t CA-L 5-P>%3oS . 0
2. 0
4,
5. 4"
Note: Attach additional sheets if required.
Subcontractor / Address / Phone #
g0C1GMA14 % I,,. 300D' 4
Co.
1S2- 8 EL F' 114AL Ors--tvi
Tor-rG - T o / C- L' Z. i
6` i q64 483-8
v 65 Jv- 5
SECTION 00300
SHILLING AVENUE BASIN PARK
CIP PK 22- 34
ADDENDA
BID PROPOSAL FORMS
Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours ofbid opening and acknowledges receipt of the following addendum ( addenda):
3/ 2,) 23
Dated
Respectfully submitted,
Stockbridge General Contracting, Inc.
Legal Name of Firm
Authorized Representative
Seal)
If Bidder is a corporation, show State in which incorporated.) California
The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:
NOTICE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
President: Guy Stockbridge _
Secretary: Guy Stockbridge
Treasurer: Guy Stockbridge
00300- d
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Fresno
On May 30 2023_ before me, Ranisa Wells , Notary Public, personally appeared Guy Stockbridge , who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: // ' J411-
RANiSA WELLS
Notary Public • GHfornia
Fresno County
Commission r< 2333397
my Comm. Expires Oct I' 2024
affix seal in above space)
SHILLING AVENUE BASIN PARK
CtP PK 22-34
SECTION 00300
BIDDER' S BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE Stockbridge General Contracting, Inc.
as PRINCIPAL, and Fidelity and Deposit Company of Maryland
BID PROPOSAL FORMS
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment of which sum in lawful money ofthe 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 severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ Ten Percent of $id ( 10%)
THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, CA: SHILLING AVENUE BASIN PARK, CEP PK 22- 34.
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in Rill force.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 23rd day of 2023.
Fidelity and Deposit Company of Maryland
Stockbridge Ge ral ontra ' ng, Inc. (Seal) ( S)
Seal) Kim In,(Attorney -in -Fact ( Seal)
Address: 2972 Larkin Avenue Address: 4 Embarcadero Center, Suite 3740 Clovis, CA 93612 San Franci$ co, CA 94111
NOTE: Signatures ofthose executing for the surety must be properly acknowledged. 00300- 7
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
ss
County of Fresno
On nbefore me, Lyn Genito, Notary Public, personally appeared Kim Wilson . who proved tome on the basis of satisfactory evidence to be the persons whose name4&} is ale subscribed to the within instrument and acknowledged to me that he/ she/ t4" executed the same in 4,4/ her/ thei•r- authorized capacitv4ies), and that by 4is/ her/ t4e+f signature} on the instrument the person( 4, or the entity upon behalf of which the person(,) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
r LYN OENITO
NOTARY PUBLIC - CAl1FO8NIA„
COMMISSION # 2435271 tL
m. Exp.
COUNTY
My Carom. January 21, 2027 %
f
Signature:
Seal) Lyn Genito, Notary kblic
L( RIC1I ANILRICAN INSURANCE COl1I'. lN)
COLONIAL. 1NILRIC IN CASI' AI, TY AND St RL•T1 CO\ 11'. 1N1" FIDELIT' 1 AND DEPOSFI' COMPANY OF M kill LAND
POWLR OF : ' 1 [' ORNLY
h, NOtt Al L %II: N BY TIIESIL PRI: SENTS That the ZURICH AMERICAN INSURANCE COMPANY. a corporation ofthe State of Nets York, the COLONIAL. AME; RICAN CASUALTY AND SURH Y COMPANY, it corporation of the State of Ellinois, and the FIDELITY AND DEPOSI f COMPANY OF MARYLAND a corporation of the State of Illinois ( herein collcciisely called III, " Companies"). b} Robert 1), Nturra), Vise [' resident. in pursuance of authorit}" granted by Article V. Section 8. ofthc Iiy- Laos of said Companies, sthich are set forth on the rescr, c side hereof and are hcrch} certified to he in toll three and effect on the dale hereof. do hereby nominate. constitute, and appoint Stcsco 11. EDWARDS. Kim WILSON. Lyn GLNf10. Bonnie GONLALE%. 1rcy Eit tiCl1. and , of Fresno, California, EACII, it- true and lass I'ul agent and Attorney - in -Fact. to mak.. execute. scat and deliter. ]'or. and on its hehall' as surd}. and as its act and deed: any and all bonds and undertakings. and the execution of' such bonds or undertakings in pursuance of these presents, shall he as binding upon said Companies. as iidly and amply". to all intent; and purpo, ea, as if they had been dun} executed and acknoca lodged by the regularly elected officers of the L(_1RIC1I AMERICAN INSURANCE: CO& IPANY at its office in tiers . York, Null York.. the regularl} elected officers of' the COLONIAL ANIFRICAN CASUALTY AND SCRI- TY COMPANY at its office in Otsink; Mills. Nlaryland., and the regularly elected officers of the FIDELITY AND t) LPOSIT COMPANY OI' MARYLAND at its olfite in Oo ings Nlills, Maryland., in their otsn proper persons
The said Vice President does hcrch} cerrtf) that the extract set forth on the rctersc side hcreol' is a true cup) ol' Anicle V, Section H. of the [ IN - Lass of said Companies. and is nuts in fbrcc IN WI FNESS WI IE: RFOF. t[ ic said VieC- President ha= h. rcunto subscribed liisihcr name, and affixed the Corporate Scats of the said Z REC 11 1NIERIC' AN INSURANCE COMP M', COLONL%L AMERICAN C%S1 % 11' AND St RE1' 1 COMPANY, and FIDFLI rl AND DFIIOSI I' CONIPAN1 OE ll 1R1' LAND. this 22nd day of April. A U. 2022.
00.P0R1400 i
p1` 0
It SEAL SEAL
m
rya r, F 6y , no £
hu, r, xw,• r hh„ In, N, V ' un,,, n.+`^+ , 11 1 EST`
xt RICII AME: RICAN INtit RANCE. COMPANl
COI. C) NIA1. ! IERICAN C: 1ti1 ; U: I' l AND SI RETI C011P. 1N1 EEhFIA-1) AND I) E: POSIT COMPANI OF NL1Rl' t..\Np
13t Robert 1) . Tlurtut,
I ice Pi%!videw
Bt 1) aiva E. Bronn
1'ecrelorly
state or Manland
Count of Baltimore
On thus 14th &% of Apr 1, A. I) 2022, bclirrc the subscriber a Nolan PubhL of the State of Man land du.,, wmmtsswned and yualthul Rabcrt it.
Murray, l are President and t) r, nn E. Brotrn, Srcrelarr of the Companues to the Inrxmally 1 nonut w he the mdn rduals and otficcrs dc, Lnhcd to and tthn executed the preceding instrument. and acknou lodged the cxccunon of same and heby ms me duty s%%orn dcpuscth and sank that he she is the said olf icer of the C otnpany aforesaid and that the seA3 affixed to the tuecedutc instrument are the Corporate Seals ()I said Cumpamcs and Ilia', the said Corporate Seals and the signature as such officer k%ere dul} affixed and subscribed tothe said msirument by the aathoru} and direction ol'the said CorporaLons iN Tt -s rw NY MIL- REOF, I hate t+creunto set my hand and atlixed m, Official Scan the day and %car hrst abune urukn Constance A Dunn Notar. Public lN
Commission 1xpires Jul} 4 2023 Authenticity
ofthis bond can be confirmed at bondvalidator. zurichna.com or 410-559- 8790 SECTION 00300
SHILLING AVENUE BASIN PARK BID PROPOSAL FORMS
CIP PK 22. 34
NONCOLLUSION AFFIDAVIT
STATE OF CALIFORNIA
ss.
COUNTY OF FRESNO
Guy Stockbridge , being first duly sworn, deposes and says that he or she is President/ Owner of Stockbridge Genera! Contracting, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information 1 ' e thereto, or paid, and will not pay, any fee to any corporation, partnership, com associat , org ization, bid depository, or to any member or agent thereof to effectuate a colt ive or sham id.
Manager, ger or Representative
The County of Fresno
State of California
Subscribed and sworn to ( or affirmed) before me
on this day of , 20 13, by
Ul) 1 SWCJC- hc % cl, proved to ,
me on the basis of satisfactory evidence to be the
person( s) who appeared before me. RAMA WELLS Notary
Public • California ei-'- Fresno 0
County Commission
Comm,
2333397 Sealy
Expires Oct 10, 2024 00300-
8 SECTION 00300
SHILLING AVENUE BASIN PARK
CIP PK 22- 34
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
BID PROPOSAL FORMS
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty ofperjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X
Ifthe answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor' s failure to comply with an order of a federal court which orders the Contractor to comply with an order ofthe National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
END OF SECTION)
00300- 9
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Fresno
On May 30 2023_before me, Ranisa Wells , Notary Public, personally appeared Guy Stockbridge , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/ shelthey executed the same in his/ her/their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: A I 0 1
xo
RANtSA wens
s
F Public - Glffornla
s%
no Coon
Commission N 2333397 MY Cantu. ExptrK Oct 10, 2024
affix seal in above space)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Fresno
On May 25 2423_before me, Ranisa Wells , Notary Public, personally appeared Guy Stockbridge , who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal,
Signature:
IUNISA wEs` S
Notary Public • CalMornla
Fresno County
Commission t 2133397
my Comm. Expires Oct 10, I0I4
affix seal in above space)
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