ITEM 4. 20
CITY MANAGER' S REPORT
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP GG 24- 25 CITY FACILITIES FENCING
IMPROVEMENTS, AWARD A CONSTRUCTION
CONTRACT TO ALL STEEL FENCE, INC., AND APPROVE
BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Create CIP GG 24- 25 City Facilities Fencing Improvements, Award
Construction Contract to All Steel Fence, Inc., and
Approve Budget Amendment
SUMMARY:
The Harlan Road and Mossdale wastewater pump stations, Easy Court stormwater pump station and Thomsen Park are enclosed with chain link fencing that provides minimum protection to theft and vandalism. To replace the existing fencing at these locations, staff is proposing to create Capital Improvement Project ( CIP) GG 24- 25 for City Facilities Fencing Improvements ( Project).
On June 19, 2023, staff designed and solicited bids for the construction of the Project in accordance with Informal Bidding Procedures in California Public Contract Code PCC) 22034 and Lathrop Municipal Code ( LMC) 3. 30. Public Works received and opened three ( 3) bids on July 18, 2023. Based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be All Steel Fence, Inc. ( All Steel) with a bid of $ 164, 254.
Staff is requesting City Council approve the creation of the Project and award a construction contract to All Steel for construction of fencing and other improvements in the amount of $ 164, 254 and authorize a 15% construction contingency of $ 24, 638 for a total cost not to exceed $ 188, 892.
Staff also requests City Council approve the following budget amendments, as detailed below, transferring funds to the CIP Project Fund ( 3010):
o $ 66, 046 from the Water Recycling Plant No. 1 Cap Rep Fund 6070 o $ 31, 434 from the General Fund 1010 to subsidize City Storm Drain Zone 1 Fund ( 2510)
o $ 48, 731 from the CTF Plant No. 1 Capital Replacement Fund 6110 CITY MANAGER' S REPORT PAGE 2
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 25 FOR CITY FACILITIES FENCING IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO ALL STEEL FENCE, INC., AND
APPROVE BUDGET AMENDMENT
BACKGROU N D:
The City of Lathrop has the following facilities enclosed with chain link fencing that provides minimum security.
Harlan Road Wastewater Pump Station - near 11850 S. Harlan Road Mossdale Wastewater Pump Station - 703 River Islands Parkway Easy Court Stormwater Pump Station - 371 Easy Court
Thomsen Park - 435 Thomsen Road
Improvements to Thomsen Park will include a sally port entry and concrete slabs to facilitate the entrance of visitors with dogs while maintaining ADA compliance. These modifications will help convert Thomsen Park into a dog park. The Project will also remove the chain link fence and install new tubular steel fencing to improve security at the pump stations.
Staff prepared the plans and technical specifications for the Project, and solicited them for bid on June 19, 2023 in accordance with CA PCC 22034 and LMC 3. 30.
Three ( 3) bids determined to be responsive and from responsible bidders were received and opened by Public Works on July 18, 2023. The bid results are summarized in Table 1 below:
Tab/ e 1: Summar of Bid Resu/ ts
Contractor Total Bid
All Steel Fence, Inc. 164, 254
Golden Ba Fence Plus Iron Works, Inc. 187, 756
Luma En ineerin Contractors, Inc. 249, 300
Staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is All Steel. Staff requests City Council adopt a resolution awarding a construction contract to All Steel in the amount of $ 164, 254. Staff also requests City Council authorize a 15% construction contingency of $ 24, 638, and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 188, 892.
REASON FOR RECOMMENDATION:
Creation of the Project and award of a construction contract will allow the fencing improvements to increase security at the utility facilities and park. The proposed tubular steel fencing is more durable, provides decorative features, and reduces each facility' s long- term operational costs. These improvements will allow Thomsen Park to serve as the City' s third dog park, and the first one in Historic Lathrop.
CITY MANAGER' S REPORT PAGE 3
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 25 FOR CITY FACILITIES FENCING IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO ALL STEEL FENCE, INC., AND
APPROVE BUDGET AMENDMENT
FISCAL IMPACT:
The cost for the proposed construction contract with All Steel is for $ 164, 253, plus a 15% contingency in the amount of $ 24, 638 for a total cost not to exceed $ 188, 892.
Sufficient funds were allocated in the approved FY 23/ 24 Adopted Budget for CIP PK 22- 09 however; CIP GG 22- 24 City Facilities Fencing Improvements budget is insufficient to cover the associated costs.
Therefore, staff requests City Council approve a $ 31, 434 subsidy from General Fund 1010) to the Storm Drain City Zone 1 ( 2510) to fund the construction at Easy Court Storm Pump Station due to insufficient funds in that account.
Staff also requests City Council approve the following budget amendments, as detailed below, transferring funds to the CIP Project fund ( 3010); Increase Transfer Out
6060- 9900- 990- 9010 66, 046
Increase Transfer Out
1010- 9900- 990- 9010 31, 434
Increase Transfer Out
6110- 9900- 990- 9010 48, 731
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 25 146, 211
Increase A propriation
3010- 8000- 420- 1200 GG 24- 25 146, 211
ATTACH M ENTS:
A. Resolution to Create CIP GG 24- 25 for City Facilities Fencing Improvements, Award a Construction Contract to All Steel Fence, Inc., and Approve Related Budget Amendment
B. Construction Contract with All Steel Fence, Inc. for CIP GG 24- 25 for City Facilities Fencing Improvements
CITY MANAGER' S REPORT PAGE 4
AUGUST 14, 2023 CITY COUNCIL REGULAR MEETING
CREATE CIP GG 24- 25 FOR CITY FACILITIES FENCING IMPROVEMENTS, AWARD CONSTRUCTION CONTRACT TO ALL STEEL FENCE, INC., AND
APPROVE BUDGET AMENDMENT
APPROVALS:
P-t. eU 2 7.. 2 3
Steven Hollenbeak Date
Assistant Engineer
t- Z8 - 3
Ken Reed Date
Senior Construction Manager
7 3 I 2oZ3
Brad ylor Date
Ci Engineer
i
i la
C i ] am s Date
Director f inance
7 7 •2oz3
Michael King Date
Assistant City Manager
7 t- 7 - zp Z3
Salvador Navarrete Date
City Attorney
8•3-z3
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP CREATING CIP GG 24- 25, CITY FACILITIES FENCING IMPROVEMENTS AND AWARD A CONSTRUCTION CONTRACT TO ALL STEEL FENCING, INC., AND APPROVE
BUDGET AMENDMENT
WHEREAS, the Harlan Road and Mossdale wastewater pump stations, Easy Court stormwater pump station and Thomsen Park are enclosed with chain link fencing that provides minimum protection to theft and vandalism; and WHEREAS, to replace the existing fencing at these locations, staff is proposing to create Capital Improvement Project ( CIP) GG 24- 25 for City Facilities Fencing Improvements ( Project); and
WHEREAS, improvements to Thomsen Park, for CIP PK 22- 09 will include a sally port entry and concrete slabs to facilitate the entrance of visitors with dogs while maintaining ADA compliance. These modifications will help convert Thomsen Park into a dog park; and
WHEREAS, on ) une 19, 2023, staff designed and solicited bids for the construction of fencing improvements at all four sites ( Project) in accordance with Informal Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3. 30 a total of three ( 3) bids were received and opened by Public Works on July 18, 2023; and
WHEREAS, based on the review and evaluation of the bids, the lowest responsive and responsible bidder for the Project was determined to be All Steel Fence, Inc., ( All Steel) with a bid of $ 164, 254; and WHEREAS, staff is requesting City Council approve the creation of the Project and award a construction contract to All Steel for $ 164, 253, plus a 15% contingency in the amount of $ 24, 638 for a total cost not to exceed $ 188, 892; and WHEREAS, sufficient funds were allocated in the approved FY 23/ 24 Adopted Budget for CIP PK 22- 09, Thomsen Park improvements; and WHEREAS, sufficient funds weren' t allocated in the approved FY 23/ 24 Adopted Budget for CIP GG 24- 25, City Facilities Fencing Improvements; and WHEREAS, therefore, staff also requests City Council approve the following budget amendments, as detailed below, transferring funds to the CIP Project Fund 3010), including a $ 31, 434 subsidy from the General Fund ( 1010) to the Storm Drain City Zone 1 ( Fund 2510);
Increase Transfer Out
6060- 9900- 990- 9010 66, 046
Increase Transfer Out
1010- 9900- 990- 9010 31, 434
Increase Transfer Out
6110- 9900- 990- 9010 48, 731
Increase Transfer In
3010- 9900- 393- 0000 GG 24- 25 146, 211
Increase A propriation
3010- 8000- 420- 1200 GG 24- 25 146, 211
NOW, THEREFORE, BE IT RESOLVED, City Council of the City of Lathrop hereby approves the creation of CIP GG 24- 25, City Facilities Fencing Improvements; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop also approves a budget amendment as detailed above, including a subsidy of $ 31, 434 from the General Fund ( 1010) to the Storm Drain City Zone 1 ( Fund 2510); and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to All Steel Fence, Inc. in the amount of 164, 254 for the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency of $ 24, 638 for a total cost not to exceed $ 188, 892 for the construction of the Project and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project.
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: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney A1' TACHME VI'
N N
CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
CONTRACT
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 All Steel Fence, 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 recardation 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 CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25 ( Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to demolition and offhaul of existing steel and chainlink fencing, provision of materials for and the construction of a concrete vehicle barrier wall and tubular steel fencing at four (4) City- owned within Lathrop city limits and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 40 working days following issuance of Notice to Proceed.
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: $ 164, 254 ( One Hundred Sixty Four Thousand Two Hundred Fifty Four pollars)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, certification of insurance, workers compensation certification, and guaranty) and the Bid Documents submitted by All Steel Fence, Inc. on July 18, 2023.
CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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, Ciry shall pay to Contractar 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 supparting 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. Contractar 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, ar damage as may be caused CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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 ar 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.
CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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).
Certi ed 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.
CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CTTY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available far inspection as copies and furnished upon request to the public ar 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 CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CTTY of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within (5) working days, provide a notice of a change of location and address.
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 Section 00700 - S. IA.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by
CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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 ar 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 autharity 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. Assi n. 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 C1tX. 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.
CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7363
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:
Phone:
Fax:
ATTN:
16. Miscellaneous
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval ar 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.
CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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 priar oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted ar to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severabiliry. 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 CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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 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 far 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.
CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' s Submitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the Ciry by the Contractor after City Council' s approval with resolution.
CITY FACILITIES FENCING IMPROVEMENTS, CIP GG 24- 25
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
B y:
Stephen J. Salvatore, City Manager
END OF SECTION)
SEC"TtUN 40300
2023 UTiLi7Y AND PARK FEiYCtI C 1MPROVE; M NTS
CUPCCAA IIVFORMAL B! D SOLiC[ TAT34N BIU PRdPQ5AL FORMS iiD FRCIPOSAL FORMS
T0: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATI' ENTICiN: Public Works Department
FOR: 2023 UTIL[ TY AND PARK FENC[ NG IIVIPROVEMENTS
THE UNDERSIGNED, AS BIDDER, H RE Y AGREES AND CLARES THAT:
L GAL UMPLIANCE
Thc only persons or parties interested in this Bid as Principais are those ngmcd hcrein; that this Bid is made without coltusion with any ather person, firm, partnership, corparation, or assaciation; thai he has carefulfy examined the Iocation ofthc proposed work aad the Constructian Dacuments; and he proposes and agrees that ifthis Bid is acceptcd he will contract with the City of L. athrop, in the farm of ths Contract as set Forth in thc Construction Documcnts for said project, ta providc all the necessary labor, services, materials, and equipment, and to do all tho wark and fumish all the materials; and that he wili accept in fuli payment thcrefore the pricc as proposed in the following Bid Schedule.
SCHEDULE OF P tICES
All agplicable permit fees, licensing costs, s tes taxes, Staie, nndtor Federal, aad any other taxes, patent rights, or royalties arc included in the prices quoted in the Hid. Ali biank spaccs must be filled ia.
ASIS OF AWARD
The basis for award of the cantract will be thc totaf price af thc Sase $ id. The City of Lathrop reservcs the rigi t to award ths work contemplatcd by on[ y the Base Bid, the work cantemplated by the Base Bid plus Bid Attcrnate 1, or none ofthe work.
U 3- 1
sEcrrorr oa oo
2623 UTIi.iTY AtiD PARK FENCING[ MPROYEMBiYT5
CUPCC. A lNFORMAL B1D SOt, IC!'i'AT10lY BID PROPOSAL ORM5 2023 UTILITY AND PARK FENCLNG IMPROVEMENTS
BASE B1D SCHEDULE
i
S[ TE DESC QjJp U
UNIT ITEM
ITEM PRICE PRICE
l BONDS t MOBILIZATION 1 LS 12, 659. 34 $ 12, 659. 34
2 DEMQl, 1TIfJN I f)FFHAUL LS $ 5, 100. 00 $ S, lOQ. 00 3 TF1biPURARY FENCING LS $ 4,770. 00 $ 4, 770. UQ
O
4 8' HEIGHT STEEL FENCING 165 LF $
3a $ 21, 16950
5 5' HEIGHT STEEL FENGiNG 84 LF 1Q8• 5 $$ 8• Od
8' HEIGH'I' SLIDiNG GA7E Q 20'
G LEa` IG'iH W I'I-[ 40' STFEL V 7RACK t LS 14, 546. 97 $ 14, 546. 97 AND OONCR" TE FQQrT[ NG
7 DEMOLIT[ ON! OFFHAUL t LS $ 700. 00 oa.00
8 TEMPC) RARY ENCING 1 LS $ 4QO. Q0 $ 4d0. U4
0. 9 b' HEiGM' StEELFEIVCMG 12 LF $ 40. 15 $ 4,$ 49.$ 0 1 6' H IGKT PED S1N( NG GA' tE( c 3'
VViDE 2 EA $ 3, 150. Od $ 6, 3QO. Od
l 1
CE COIVCFtb"TE SLA B5{ a 6'
t 20 S F 18Q. 84 $ 21, 700. 80 THICK
40300- 2
SEC? ION 00300
2023 U`CILIT'Y AND PARK FENGNG IMPi OVEMEfYTS
CUi' CCAA 1NFORMA HID SOI. ICITATiUiY SID E' ROPOSAL FORMS 12 DEMOLtT10N/ OFFHAUL E 45 $ 2,050. 00 $ 2, asa. QO
F
13 TF r1PORARY FEfVCMG 1 LS $ 915. 00 5918. OU
U
14 HE[GFit' S' fEELFENCING 34 F $ 180. 89 $ 6, 15Q. 26
8' HEIGE 1' SLIDMG GATE Q 17'
IS LETIGIN WCi7 i 34' STE Z, V' IRACK 1 LS $ 15, 050. 0 $ 15, OSO. QO AND OQNC tE'IE FOOri1NG
16 D MOLlT10N/ OFFHAUL I LS $ 3,b50.00 $ 3, 654. 00
l7 7'EMPORARYFE IIJG I LS $ 2,375. 00 $ 2, 376. 00
a
18 8' HEIGHT STEEL FENC[ 1' dG 110 LF 5115. 91 $ 12, 754. 10 8' HEIGHI' SLtDING GATEQa 22'
19 L IVGFN W1' IH 44' S'TFp.,V TRACK 1 LS 17, 353. Q0 $ 17, 353. 00 fx AND C'ONQtEiE FCfOri' ING
za 8 FiE1GHTSW[ NGGATE i q $ 3, 080. 00 53, 80.00
TUTAG BASE BLD; $ 164, 253. 77
TOTAL BID IlY WORDS: One hundred sixty£our thousand twa hundred fifty three ard 77/ 100 UQ30Q- 3
2023 Park& Utitity Fencing- Addendum No. 2
ATTACHMENT A
REYISBD BID ALTERNATE 1
gi UNtT ITEM
TEM
DFSC QUANT U/ M
p CE Pit[ CE
j A
IX BARR R WALi.
q CY 1, 406. 25 $ 5, 625. 00
O
a
2 z
PIQtHOLFS+ 18" D[A/ 3' DFFM 10 A 380.Q0 $ 3, 800. 00
3 Q CONCRb' IE VFJ C.1E BAItR' R
1S $ 50, 750. OQ $ 50, 750A0
x WALL WtTH Sim. ppbT MD[ 1NT5
TOTALBID ALT!: S 6, 175. 00
TOTAL SID ALT 11N WORD.S: Sixty thousand one hundred seventy five and OU/ 100 SECTION 003Q0
2023 UTtLI' i'1' AiVD PARK FENClNG IMPItUY MENTS
CUPCCAA lNFOtiMAL SID SOLfC[ TATION B1D PROPOSAL' ORAfS 1 IFORMATI N REOUIRED OF BIDD R
Thc Bidder( Contractar) shal! fumish the foilowing information. This information is cansidercd essentia) in cnabling the Projcc# Manager to determine iFthe Bidder is expericnced in similar typ s of work and if the Bid is based on a carcful study of inethads applicablc to the work and itt[ I reatizatian of thc various factars which may affect the progress of tt; e work. Failure to comotv with this neaairement mav rendcr the Bid non- re5 asive and mey c. u e t* ri- n Additianal shects shall be attached as required.
BIDDER' S 1NFORMATION
1) Bidder's name and address;
All Steel Fence, Inc
14b Klo Road. Lathra CA 95334 T
2) Bidder"s tetephane nurnber:{ 209} 983- 8409
3) 8iddc' s fax numbcr: { 2Q4) g82- 4325
4) Bidder' s Contractor' s License( Class): G13 & C- 61/ D28 License No.;
1OS12
Expires: 8/ 31/ 2U25
S) Person who inspected site of proposed work far Contraclor' s firm:
Name: Tam Cornell, ut Date of Inspection: ? 14/ 2023
b) List 5 proj$cts of a nature similac ta this project:
Projcct Contract Name, Address and
Pr'rce Te(ephone Number of Owper
POLICE STATION FENCE CIT' Y OF LATHRQP- 2a9. 941. 7930
CIP GG 14• 08 527, 970.00
39Q oy,me Ccntre Drivc, Lathrop CA 95330
Corporatlon Yard Imgrnvesnmu pL Fafk Construction( Grneral) CtP GG 25- 13 S S$ 0, 949. 60 for- CITY OF UTHRQP• 209.441. 7434 Property&& vidence Huifding 390 TowsSe Ccnve Drive, Lathrop CA 95330 104104- Krafl- Heinz Lathrup 395,798,37 C ayco( Genaral) Ktaft- Heinz 980 Louiu Ava, Lathrog. CA ( 800} 255- 5 50
Goo e MFA AOA Fente Retocatlon Clayco{ Genenl) Google MFA 9A9. 355. 3948 B 5909,991. 51
93A ty,, on Ro d{ MoEloti Field}
Niagan Water- STK3-
5681, 958. 40 The Haslcell Company( Genaal Contractor)( 4I9) 491 61d6 Psocess Upfit Project Niaguz Watex Stockton
afl30Cl- 5
SECTIOIV OQ304
2Q23 UiILiTY A(VD PAFtK FENCiNG tMPROVEMENT5
CUPCCAA INFORMAL B1D SOLtC1TATiON 1D PROP05Al, FQRM5
List of 5ubcontractors:
The Bidder shall list balow the natne and business address ofeach subcontractor who wiU perform work nnder this Bid in cxcess of one- half of one percent of the Cantractor' s Total8id Price, and sbalt also list the gartion of the WORK which will be dons by such subcontractor, in accardance with Sectian 410 of the Public Contract Codc. After the opening of bids, no changes o substitutions will be a!{ owed except as othervvise provided by law. The listing of marc than ont subconiractor for each item of wo k to bc performed with the words" and/ or" will not bc permitted.
Failure to comply with tt is requicemenE may render the Bid non- responsive and may cause its rejection. Should Ihe CQntractor provide a bid that does not rcquire a subcontractar, ihe Contractoc shall note ttrat an this page by writing" Not Applicable" in thc iist bGlow.
Sabcoatractoc
Licensc Perceatof
Wark lo be Performed bec Totsl Contract 5ubconiractor' a N me& A reys F818693
ue Btd• Item 11{ Place Contrete Slebs} D! li+ 1Q00602655 s Sindair General Engineering ConsWetioa,[ nc.
Itcmate t- Bid itam xl( Euavatc Burier WaU Footin
p.0. 8ox 1453 OakdaEt, CA 95361
Alternate!- Bid It m N3{ Cancrete Vehlcle$ arricr Wa11) Z.
3. 4.
5. b.
Notc: Attach additional sheets ifrcyuired.
04300- 6
SEC' I' IUI i 0034d
202J UTILITY ANQ PARK FENCING iMPRt1VEMEtYTS
CUPCCM IIVFORMAL BtD SOLiCIi AT101V HID P12000SAt, FOki iS
ADDENDA
Bidder acknowlecfges receipi of the failowing addendum ( addenda):
1 2
Rcspcctfully submitted,
7/ 18/ 2023 All Stee] Fence, Inc.
Dat ci Legai Name vf Firm
Signature f Authorizcd Representativ
kn 4c.. M. C,.r c.11, ,,•.- c c-'
scal}
If Biddcr is a corporatian, show State in which incorporated.) Caiifornia
The full names and post aff'ice addresses of ail persans and parties interested in the foregaing Bid as principals are as follows:
NOTICE); Give first and last names in fuU; in case of carporation, give names of President, Secrctary, Trcasurer, and Manager, and in case of partn rships and joint ventures, give names and Post fficc addresses of al) the individual mcmbers.
Tam Carnell, III ( President& Mana er)
Denise M. Cornell ( Cprporate Secretary& Treasure)
0 30- 7
S CTiON 0030Q
2023 C! TlLITY A14D PAFt} 6EiYC1, VG FMPRUVEM1tENTS
CUPCCAA INFOftMAL BED SQLiCITATION 81R PROPOSAL FORh1S
BIDDER' S BOND
KNUW ALL MEN BY THESE PRESENTS:
Tl-iAT WE All Steel Fence Inc.
as PEtTNCiPAL, and Everest Reinsurance Company
as 5URETY are held; and firmty bond unto the City of Lathrop in thc penal sum of TEN PERCENT ( 10%} Q THE T4TAL AMOUNT OF TNE BiD of the Priacipal above numed, submitted by the Principal to the Ciiy af Lathrop Fo the work dsscribed be ow, for the payrnent ofwhich sum in{ awful money ofthe United Statcs, well and truly to be rnade to the Cicy of Lathrap to which the bid was submitted, we bind oursclves, our hoirs, txtcutors, administr tors and successors, o, y ar a S Ye ity, frrrnly by those presenis. [ n no case shall the liability of the surety hcrcunder exceed the surn of$ Ten Percent of th Amount Bid { 14% of the amaunt bid) THE CONDITCON OF TH[ S OBLIGATION IS SUCH,
THAT. WHEREAS, thc Principal has submitt d the above meniioned bid to the Ciry of Lathrop for certain construction specifically doscribtd as foliows, far which bids are to be opcned at the Public Works Dcpartrnent, 390 Townc Centre Drivc, Lathrop, CA: 2023 UTILITY AND PARK FENCiNG IMPR4VEMENTS.
NQW, THEREFORE, if the Principa! is awarded the cvntract and within the time and manner required under the specifications, afrer the prescribed forms are presented to him for signature eniers into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarante faithful pccformance, and the other to guarantee payment for labor and materiels as required by ( aw, then tfiis obligation shall be nult and voici; otherwise, it shall bc and remain in full force.
OQ3Q0- B
SECTIOt+i 003fld
2023 U1' t[. iTY ANR PARK PENCINt' IMPROVE lE:Y' FS
CL3PCCAA It tFORM1tAL 81D 5UL!(; i" iAl'! ON BID 4ROPQSAi. FQR1tS IN WIT I SS WHEREOF, we have hereunto set our hands and seals on this 14th day of u y 2pz3.
All 5tee1 Fente, Inc, Seal) Everest Reinsurance C n ( Sc• Scai) e i)
Elizab Coliodi, ttorn y-;,- F - t
Address: P ox i309 Addre : 40 Everest Wa War en CoaE orate Center Lathrop, CA 95330 W rren, NJ 07059
Y
Nt7TE: Signatures o' those cxecuting for t6e surety must be properly acicnawledgecl. 00340- 9
ACKNflW EDGMENT
e.
i A rtotary public or other afficer completing this :
ce tificate verifies only the identity of the individua E who signed Ehe document to which this certifccate is
E
atta hed, and not the truthtulness, accuracy, or ;
validity of that documen#.
State of California
County of Butt
On July 14, 2023 before me, Sara WalEiser, Notary Public inse t name and title of the o cer)
persanally appeared Elizabeth Collodi
wt o praved to me on the basis of saEisfactory e idence to be the person( s} whose name( s is/a e su scribe to the within instrument and acknowledged ta me that e/she/t#ey executed the same in k slhert# e authorized capacity(+ efr}; and that by # is/ her/# e+ signature{ s} on the instrument the person( s}- or# he ent ty upon behalf of which the person{ s} acted, executed the instrument. 1 certifij under PENA TY OF PERJURY under the laws of the St te af Califomia that the foregaing paragraph is true and correct.
r... ar. rr....... aw..'''"'
WITNESS my hand and official seai. SARAWALLISER i
COMM. t 2449544
N41AR1' PUBt. IC CAIIlpRN1A / f
COUiITY QF EIlTTE
l.../
1-+
Comm is9ta JUL 5 20 T
Signature Seai}
everestry
POWER OF A170RNEY
EVER£ ST REINSURAIV E COMPANY
KNOW ALL. PERSONS 8Y TliESE PRESENTS 7ha1 Everest Reinsurance Company, a cAtporBtton ot ihe$ tate d ONawere{' Gompany') haHng ts pnnapal off+ce Iocatad at 10 Everesi Way Warren, New Jersey Q7059. da haroby nomrtiata pnstitute ar.d appant Etfrabeth Coilodl, lohn Napklns, Jofrn J. Wahar, JoaepA N, Weber, Rarra Remsay, Sara Watlhe, M/ndy iNhHehouss, Jenn te Lakmann, Oaanne Quintara, B!A Rapp, J son Merch, M tthew fosta, 7onyClsrk, Krlstfe Phiiiips, Claudlne Gordon, Mkh d K. Feensy, Samanihs Wafkfru, Phlf WaCk/ns, Bnd Espinasa, Paula Senna, Pam Say, 8re nna Baurtr(pht, Kathleea Le, Sheron Smlfh ds true arrd lawtul Atlomey( s)- n- iacl io make exr.aite. attest scal and 4el=var tor and an its bthaN es surety and as its eci and deed where repuired y and ali bonde end un0ertekings in tihe nature thereot, for the penal sum d no one ot which s in any event to excce0 UHLIMITED. reserving for tseK iha tu!' pawer d subsldcNan and rewcatian
Suci; bonds and unde takings when duiy exacuted by the atoresad Alfemey( srin taet sha+i be bnelmg upon tfie Company as fu7iy and So the same ez e t as il sucti bonds and undertakings were signed by Ihe President end Sectdary of the Compary and 3ealed wnth iis car; 7orate xai 7hs Ptrwer of Attoraey is granted snd is signtd by tacaim4le undtr and by the eufnariy o! thc td' awing Resolutions adopitd by the Board ot Orredore ot Comparry(° 8oarci j an Apr+!21, 201fi°
RESOtUEO, that the Pnssisisnt, any EzecuNve Urce Pres±dent. and eny Senro Vice Pres+dent ere Aer by appanted by the 8oar[ f as authartred to make executs saat and ebliver! or anrl ar bsheN of N,e Comparty, any and a/ 7 donCs undertakrnps, contracta or ob+ gatrans rn surefy or ca- su ety wrth others and that tha SecnNary o eny Assrstant Sacretary v( tha Compeny be and that each o! them hereby+s aufhorized to aftes! to the execuAon ot eny such bonds. undarfakings. car.tracls or pElrgeho s in sumty ar cp- surery and attach therefa the rnrporats seal of tM Company RESOGVEO, FitRTMER that the Pre rdent. a y Fxectthve Uce Prcsrdent and any SenrorYrce PrDsiCe t are hereby eufhonred to execUle powers ot attarrey qualilyrnQ the attomey named; n! he prven power af stt>mey to execute, w+DenaH ol7he Company bards and undertak ngs, n surety or ro-surety with olhars. end th f the Secretary rar any Ass+ster t Secretary o/ tfia Company be. a+ad that each at fhem rs hertby autnonzed; o attest the e, recutron of any such powar ol sitorney and ta attach thereto the mrporata seal aI Nre Company RESOLVED, FURTHER fn t ihe sipnature at such olficers named r'n Rhe prececF' r g resdutror+s arui the earyorate saa! ol the Company may be at6zed ta such powers a! aftortrey or to any cerh icate+ a+a0ng Mereto by tecsiimrie and any such power o1 attomey vi cerfiffcafe bearrny su: tr faa+mrla ygnatures ar facsrmilg see! sheil ba thareaRer vatrd and 6ind'nq upora tht Campany unth 25pecf to eny bond. under!ak ng conr, act or oorrQena„ n surery a Go- SwCty w th olhers to whicA t s attaChed.
Ift WiTNESS W FtEREOF Everest Ransutanca Company has caused t rr corperate seals to be af(ixed hereta, and ihc t presents io be ugned by lhar duly authonzed offican th+s i5" day of february 2027
Q¢
f
Everest Reinsurance Compa y
a.:!'+ lr•`
S
1l73 ,
II)"^'"'^
P
By Anthony Romana Senfor Vice President
On Ihis 15"" d y ol February 202J, beiore me persona ly came Anthony Ramano known to me who. 6srng dufy swar+i oid execuie the above Enyiromenf that he knaws the aeal ot said Company, IhaS 1he seal atfye4 to the aforesa d snsirumenl, s such ccaporata seal snd was eftixed therelo end thal he e: ecuted sad inslrumenl by Iike order
1N14A RpBWS `—
tiaiyry Pufrik, SUtN oi New York
NQOiR0i2? 91 6 s .
y, y
QualHkd in qwan Cou ty
Term Eapins ApAI 25, 2027
Linda Rob+ns, Notary Pub' ic
i, Mcde Chasa Assstant 5ecretary of Everest Remsurance C+ ritpa y do hareby cert ty that i have compared tha( oregaEng copy ot the Ppwer of Attomey and atGdah3, and tha copyr of th Seciiar at ihe bytawn and rescalutians of sa d Co porahon as aef forth in saitl? ower d Attomey, with the C1R GINALS ON f-i. E tN TIiE HOME OFFICE OF SA(4 CORPORATIQN and thal the same are rtect Vanscripts thtreo{ and ot Ihe whde ol the said origineis aM that the said Power et Attotney Ras not been rovoked atW is now n tutt force and e(feCt IN YVITNESS WH£ REOF, I have hereunto set my hand and eifixed! he seai oF said Cc. m: a y, ih#.± h day ai ury zp23 rquraq
4` oyyo r 1fr?7R m, SEAL in J` f
w mn
J uwrx ' t
y Niccle Cha e. PssisiaM Secretary
ES 0{? 01 04 16
SECTION 00300
IOZ3 U7' lLITY AND PARK FENCiNC IMPROVEMENTS
CUPCCAA INFORMAL Bfb SdLICtTATtdN B1D PROPOSAL FORiNS
NONCOLLUSION A' FIDAVIT
STATE OF CR(.,,t - n2. i
ss,
COUNTY OF S} 1s0}} U. l
Q$ 115 . t,.. being firsi du4y swom, deposes end says tbat he or she is F'?' A. L(.,, IC. the party making the faregoing bid
that the bid is not madc in the interest of, or on behalf of, any undisclosed persori, partne ship, company, association, organi2etion, or corporation; that the bid is genuine and noE coltusive or sham; that thc bidder has nat directly or indirecily induced or solicited any other bidder to put in a false or sham bid, and has nat dircctly or indirectly colluded, conspired, connived, or agreed witfi any bidder or anyone else to pui in a sham bid, or that anyone sE aQ refrain fcom bidding; that the bidder has nat in any manner, dircctly ar indirectly, sought by agreement, communication, ac canference with apyone to fix the bid price ofthc bidder oc any other bidder, or ofthat af any other bidder, or to secure any advantage against the public body awarding tht contract ot' anyone interested in the propose i contract; thai al) statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereaf, or divulged infarmaEion or data rclative thercto, or paid, and witl not pay, any fee to any corporation, partaership, company associated, orgenization, b' pasitory o Eo any membet or agent thereof to ef' ectuate a cal lusivc or sham bid.
Signaturc of: President, Secrctary,
Manager. Projcct Manager or Representativc
The County of S t 9t?U I
State of ll' K}
Subscribcd and swom to{ ar a rmed) before me
on this
m
day of U--` E 20 Z3, by
w,;
1 U.- proved to
mc an the basis of satisfactory evidence to be the
persan( s) who„ ared before me.
Commii i0n/ 23 7847
Seal c.ra
ti...
5ignature
0030d-] 0
SECTION 00300
2423 UTiLITY AAlD AARK FENCING IMPRQYEMEN7' S
CUPCCAA tNFORIKAL B1U 50LICfTATfON SiD PR4PQ5AL FpRMS
PUHLIC CONTRACT CODE SECTIUN 1016Z QUESTIONNAIRE
In accordance with Public Contract Code Seciion 10162, the Bidder shap comglcte, under penalty af perjury, the following yuestionnairC:
Has the Bidder, any a icer of the Bidder, or any employec of the Bidder, who has a proprictary interast in the Bidder, ever been disquatified, romoved, or otherwise prevented from bidding on, ar campleting a federal, state, ar local government project because af a vialation of law or a safety rcgutation7 Y s No X
lfthe answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
1n accordance with Public Contract Code Section l0232, the Contractor h reby states under peRalty of perjury, that no mare thao one finat unappealable frnding of contcmpt of court by a federal court has ban issued ageinst the Cantractor within the immediately preceding two year period because oftha Contractar' s fai{ nre to comply with an order of a federa! court which arders the Contcacto to comply with an order of the Nationat i.abor Relations 8oard.
NOTE: The above Statement and Questionnair ara part of the Propasal. Signing this propasal on the signature portion thereof shall slso constitute signaturc of this Statement and Questionnaire.
Hidders are cautioned that making a false certification may subject the ceKifer ta crimirial prosccutian,
END UF SECT[ UN)
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