ITEM 4. 18
CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO GEORGE
REED, INC., FOR CONSTRUCTION OF CLASS II
BIKEWAYS TO ACE STATION, CIP PS 22- 18 AND
APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Award a Construction Contract to George Reed, Inc., for Construction of Class II
Bikeway to Ace Station, CIP PS 22- 18 and Approve
Budget Amendment
SUMMARY:
In 2021, City Council approved Capital Improvement Project ( CIP) PS 22- 18 for Class II Bikeway to ACE Station ( Project). The Project will install approximately 4. 2 miles of Class II bikeway south on Harlan Road from Louise Avenue to the Lathrop/ Manteca ACE Station. The Project will microsurface Harlan Rd, grind and overlay asphalt concrete on segments along D' Arcy Parkway and Yosemite Avenue to accommodate the traffic loads shifted by the installation of bike lanes. A project location map is included as Attachment " C" for reference.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on July 18, 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 six ( 6) bids on August 3, 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 George Reed, Inc. ( George Reed), with a bid of $ 1, 642, 616.
Staff requests City Council award a construction contract to George Reed for construction of the Project in the amount of $ 1, 642, 617 and authorize a 10% construction contingency of $ 164, 262 for a total cost not to exceed $ 1, 806, 879.
Staff is also requesting Council approve a budget amendment transferring $ 449, 234 from the Transportation Development Act ( TDA) ( 2140) to the CIP Project Fund ( 3310) to fund the construction contract and a 10% contingency.
BACKGROUND:
The Active Transportation Program ( ATP) was created by Senate Bill 99 ( Chapter 359, Statutes of 2013) and Assembly Bill 101 ( Chapter 354, Statutes of 2013) to increase the use of active modes of transportation including walking and biking. Through the San Joaquin Council of Governments ( SJCOG), the ATP granted the City of Lathrop 1, 001, 000 of Measure K funding toward the construction of CIP PS 22- 18.
CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC. FOR
CONSTRUCTION OF CLASS II BIKEWAY TO ACE STATION, CIP PS 22- 18 AND
APPROVE BUDGET AMENDMENT
On January 10, 2022, City Council approved a Cooperative Agreement with SJCOG to establish roles and responsibilities on processing the granted funding on the Project.
The Project will install Class II bike lanes from Louise Avenue to the Lathrop/ Manteca ACE Station. Construction of the Project includes microsurfacing Harlan Rd, grinding and overlaying asphalt concrete on segments along D' Arcy Parkway and Yosemite Avenue to support the traffic loads shifted by the installation of bike lanes. New signs will be installed and striping will use Methyl Methacrylate ( MMA) green markings for bike lanes.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on July 18, 2023 in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.
Six ( 6) bids were received; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Table 1: Summar of Bid Results
Contractor Base Bid
Geor e Reed, Inc. 1, 642, 617
Dirt D nast , Inc. 1, 804, 969
Knife River 1, 901, 564
United Pavement Maintenance 1, 934, 286
Consolidated En ineerin 1, 965, 297
B& M Builders, Inc. 2, 085, 965
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is George Reed. Staff requests City Council adopt a resolution awarding a construction contract to George Reed for $ 1, 642, 617.
Staff also requests City Council authorize a 10% construction contingency of$ 164, 262 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 1, 806, 879.
REASON FOR RECOMMENDATION:
Currently, there are no bike lanes on Harlan Road ( south of Louise Avenue), D' Arcy Parkway, and Yosemite Avenue. The construction of this Project will connect residents north of Louise Avenue and commuters to the Lathrop/ Manteca ACE commuter train station that services the Bay Area.
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC. FOR
CONSTRUCTION OF CLASS II BIKEWAY TO ACE STATION, CIP PS 22- 18 AND
APPROVE BUDGET AMENDMENT
FISCAL IMPACT:
The proposed construction contract with George Reed for $ 1, 642, 617, plus a 10% construction contingency of $ 164, 261 is requested for a total Project budget not to exceed $ 1, 806, 879. The Project received Measure K funds in the amount of 1, 001, 000. Additional funding in the amount of $ 449, 234 is needed to augment existing Project funds and the Measure K grant to cover the Project budget.
Therefore, staff requests Council approve a budget amendment transferring $ 449, 234 from TDA ( 2140) to the CIP Project Fund ( 3310) as follows:
Increase Transfer Out
2140- 9900- 990- 9010 449, 234
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 18 449, 234
Increase A propriation
3310- 8000- 420- 1200 PS 22- 18 449, 234
ATTACH M ENTS:
A. Resolution to Award a Construction Contract to George Reed, Inc., for Construction of Class II Bikeway to ACE Station, CIP PS 22- 18 and Approve Budget Amendment B. Construction Contract with George Reed, Inc., for Construction of Class II Bikeway to ACE Station, CIP PS 22- 18
C. Project location map
CITY MANAGER' S REPORT PAGE 4
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO GEORGE REED, INC. FOR
CONSTRUCTION OF CLASS II BIKEWAY TO ACE STATION, CIP PS 22- 18 AND
APPROVE BUDGET AMENDMENT
APPROVALS:
g 3 ZoL3
Angel arca Date
Assistant Engineer
h23
Ken Reed Date
Senior Construction Manager
5 3 2023
Brad ylor Date
City Engineer
a3
Cari Jam Date
Director o i ance
IG'—• 3• ZoZ3
Michael King Date
Assistant City Manager
I 2
Salvador Navarrete Date
City Attorney
8• ' l - 2oZ3
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AWARD A CONSTRUCTION CONTRACT TO GEORGE REED, INC. FOR CONSTRUCTION OF CLASS II BIKEWAY TO ACE STATION, CIP PS 22- 18 AND APPROVE
BUDGET AMENDMENT
WHEREAS, in 2021, City Council approved Capital Improvement Project ( CIP) PS 22- 18 for Class II Bikeway to ACE Station ( Project) to construct approximately
4. 2 miles of Class II bike lanes south on Harlan Road from Louise Avenue to the Lathrop/ Manteca ACE Station; and
WHEREAS, the Project will microsurface Harlan Rd, grind and overlay asphalt concrete on segments along D' Arcy Parkway and Yosemite Avenue to accommodate the traffic loads shifted by the installation of bike lanes; and WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on July 18, 2023 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, six ( 6) bids were received and opened on August 3, 2023; and WHEREAS, upon review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be George Reed, Inc. ( George Reed), with a bid of $ 1, 642, 617; and
WHEREAS, staff is requesting City Council award a construction contract to George Reed for the construction of CIP PS 22- 18 in the amount of $ 1, 642, 617 and approve a 10% construction contingency of $ 164, 262 for a total Project cost not to exceed $ 1, 806, 879; and
WHEREAS, sufficient funds were not allocated for the construction of the Project; and
WHEREAS, staff also requests Council approve a budget amendment transferring $ 449, 234 from the Transportation Development Act ( TDA) to the CIP Project Fund ( 3310) as follows:
Increase Transfer Out
2140- 9900- 990- 9010 449, 234
Increase Transfer In
3310- 9900- 393- 0000 PS 22- 18 449, 234
Increase A propriation
3310- 8000- 420- 1200 PS 22- 18 449, 234
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with George Reed for construction of Class II Bikeway to ACE Station, CIP PS 22- 18 for a cost of $ 1, 642, 617; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 10% construction contingency of $ 164, 262 for a total cost not to exceed $ 1, 806, 879 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 as detailed above.
The foregoing resolution was passed and adopted this 14th day of August, 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROV AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
ATTACHMENT
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
CONSTRUCTION CONTRACT
CLASS II BIKEWAY TO ACE STATION, CIP PS 22- 18
This Contract, dated August 14, 2023, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and George Reed, 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 ofthis Contract.
2. General Scope of Project and Work. Construction Documents for Class II Bikeway to ACE Station, CIP PS 22- 18 ( 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 is generally described as, but not necessarily limited to: grind and overlay 3" of Asphalt Concrete on D' Arcy Parkway, grind and construct 6" of Asphalt Concrete over 12" Aggregate Base on segments of Yosemite Avenue, application of Microsurfacing, and installation of Methyl Methacrylate ( MMA), signing, striping, and markings for bike lanes.
The work shall be completed within 60 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 wark performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 1, 642, 616. 20 ( One Million Six Hundred Forty- Two Thousand Six Hundred Seventeen and twenty cents)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with Public Warks Department and are hereby incorporated by reference ( i.e.
Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and guaranty) and the SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
Bid Documents submitted by George Reed, Inc. on August 3rd, 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 wark.
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 Proj ect Manager to the address set forth in Section 15 ofthis 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, orjudgments, 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 ar 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 ar 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, ar arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property ofContractor 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 SECTION 00500
FISCAL YEAR 2023- 24 CLASS Il BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
by the sole willful or negligent act or omission of City ar 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 ofthe use or occupancy ofthe 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 DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on- going obligation of the Contractar under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Wark in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor ofany tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) andl or Labor Code Section 1771. 1( d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion ofthe Contract Price; or( ii) to disburse any portion ofthe Contract Price to the Contractor.
The Contractar 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 monitar 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, SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
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 recards 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.
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
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 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 ar 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 Wark 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 SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
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 ofthe physical conditions of the Project site.
12. Assi ment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra wark, 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 ar 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.
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
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: George Reed, Inc.
Phone: 140 Empire Avenue, Modesto CA 95354
Email: Naiome. grissom@georgereed. com
ATTN: Naiome Grissom
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 ofthis Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds ar rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected sha11 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. Contractar 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 successars 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, ar any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), 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, sha11 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.
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKEWAY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' s Submitted Bid 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.
SECTION 00500
FISCAL YEAR 2023- 24 CLASS II BIKE' AY TO ACE PROJECT STATION CIP PS 22- 18 CONTRACT
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR: George Reed, Inc.
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
SECTION 00300
CLASS II BTKEWAY TO ACE STATiON BID PROPOSAL FORMS
CIP PS 22- 18
CLASS II BIKEWAY TO ACE STATION, CIP PS 22- 18
BID SCHEDULE
BID
DESCRIPTION QUANTITY UNITS
IT EXTENDED
ITEM PRICE TOTAL
1 Mobilization/ Bonds/ Insurance 1 LS
Oo pa t ot, e eo. op
2 Traffic Control 1 LS
ov 5 400. Ov
3 Erosion and Sediment Control Plan
1 LS
ESCP 9, 000. 00 9, 000. 00
4 Remove Existing Thermoplastic
1 LS
Markin 95 000. 00 95 000. s and Stri in r
5 Grind out Pavement to 3" Depth and
g0 765 SF
Dis ose ' Arc Pkw 0. 38 30, 690. 70
6 Grind out18" of Existing Surface
2 302 CY
Yosemite Ave) 39. 00 89 778. 00
Place 3" HMA, Single Lift( D'Arcy 7
pk
1, 46s TON 160. 00 234 400. 00
Place 12" Aggregate Base( Yosemite
g .
ve)
2, 425 TON 145, 500. 00
Place 6" Asphalt Concrete( Yosemite
9 Ave
1, 485 TON
129. 50 192 307. 50
10 Place Type II Microsurfacing with
565, 020 SF
Black Rock 2 l, S$, 00
11 Thermoplastic Sh-iping- Caltrans Std.
400 LF
Pln. A20, Detail l 1. 75 700. 00
12 Thermoplastic Striping- Caltrans Std.
3, 360 LF
Pln. A20, Detai122 2. 50 8, 400. 00
13 Thermoplastic Striping- Caltrans Std.
5, 080 LF
Pln. A2o, Detai125 2. 25 11 430. 00
14 Thermoplastic Striping- Caltrans Std.
15 705 LF
Pln. A20, Detai132 4.75 74 598. 75
15 Thermoplastic Striping- Caltrans Std.
100 LF
Pln. A20, Detail 37B 3. 00 300. 00
16 Thermoplastic Striping- Caltrans Std.
5, 925 LF
Pln. A20, Detai138 3. 25
l
Thermoplastic Striping- Caltrans Std.
61, 335 LF
Pln. A20, Detai139 2. 00 122, 670. 00
1 g
Thermoplastic Striping- Caltrans Std.
3, 040 LF
Pln. A20, Detai139A 2. s $ Q. QQ
19 Therrnoplastic Striping- 8" White Line
6, 090 LF
Dia onal 3. 00 18 270. 00
20 Thermoplastic Striping- 8" Yellow Line
396 LF
Hatchin 5.00 1 980. 00
21 Methyl methacrylate( MMA) Green
g, 950 SF
Enhancement 14. 00 125, 300. 00
22 Thermoplastic Striping- 6" Dashed
g5 LF
vVhite Line 4.00 340. 00
23 Thermoplastic Sri-iping- 12"
1, 400 LF
White/ Yellow Line 7. 00 9, 800. 00
24 Thermoplastic Striping- Yield Line 66 LF
10. 00 660. 00
00300- 2
SECTION 00300
CLASS Ii BIKEWAY TO ACE STATiON BiD PROPOSAL FORMS
CIP PS 22- 18
Thermoplastic Marking- Type I Arrow 1 s EA
24' Thru 250. 00 3 750. 00
26 Thermoplastic Marking- Type II Arrow
g EA
Thru- Left ( Thru- Ri ht 275. 00 2 200. 00
2 Thermoplastic Marking- Type IV
58 EA
Arrow( Left or Ri ht) 150. 0 7 0.
28 Thermoplastic Marking- Type IV
52 EA
Arrow TWLTs 7 800. 00
29 Thermoplastic Marking- Type VI
5 EA
Arrow 420. 00 2100. 00
30 Thermoplastic Marking- BIKE LANE
g0 EA
lus Arrow, Sharrow 150. 00 12 000. 00
31 8' STOP and Rail Road Legends 9 EA 750. 6, 75. 0
32 Insert Blue RPM @ Fire Hydrant 14 EA 25. 00 350. 0
33 Signage as Shown per Plans 1 LS
g5 650. 00 85, 650. 00
TOTAL BASE BID: ( 2 . Zp
TOTAL BASE BID IN WORDS: O.<. nn : Dn S X Unc tp,( -'w-.. - o ' I1ou3 i x 1 wncJlt ec sl x te,n '+' - J, c
tY f5
do
00300- 3
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