ITEM 4. 19
CITY MANAGER' S REPORT
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY CITY MANAGER APPROVAL OF
CONSTRUCTION CONTRACT WITH LUMA
ENGINEERING INC. FOR THE CITY OF LATHROP
FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14 AND
APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Ratify City Manager' s Action to Approve Construction Contract with Luma
Engineering Inc. for the City of Lathrop Facilities ADA Improvements, CIP GG 23- 14 and Approve Budget
Amendment
SUMMARY:
In compliance with the Americans with Disabilities Act ( ADA), staff has identified three facilities that will benefit from the installation of automatic doors including the Lathrop Senior Center, Community Center and Generations Center. The goal is to make facility access easier for people with disabilities while improving security and energy conservancy in the three facilities.
The bid solicitation package for the construction of the City of Lathrop Facilities ADA Improvements CIP GG21- 14 ( Project) was advertised on July 18, 2023 in accordance with Informal Bidding Procedures in California Uniform Public Construction Cost Accounting Act ( CA PCC) 22032 and Lathrop Municipal Code ( LMC) Sections 3. 30. 060 and 3. 30. 070.
Public Works received and opened one ( 1) bid on August 3, 2023. Based on the review and evaluation of the bid, the lowest responsive and responsible bidder for the project was determined to be Luma Engineering Inc. ( Luma Engineering), with a bid of 138, 000.
Due to the estimated time ( six weeks) to order and receive the automatic doors the contract with Luma Engineering has been executed by staff, following approval from the City Manager.
Staff request Council ratify City Manager' s approval of the contract with Luma Engineering for $ 138, 000, authorize a 10% contingency of $ 13, 800 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 151, 800. In addition, sufficient funds were not approved in the approved FY 23- 24 budget; therefore, staff request Council approve a Budget Amendment for $ 73, 180 as detailed in the fiscal impact section below.
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER li, 2023 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER APPROVAL OF CONSTRUCTION CONTRACT WITH LUMA ENGINEERING INC. FOR THE CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14 AND APPROVE BUDGET AMENDMENT BACKGROUND:
Congress enacted the Americans with Disabilities Act ( ADA) in 1990 requiring local governments to provide equal access to civic facilities, services, programs and activities for individuals with disabilities. Title 24 of the California Government Code specifies that all buildings, structures, sidewalks, curbs, and related facilities constructed in California with state, county or municipal funds, to be accessible and usable by persons with disabilities.
To make City facility access easier for people with disabilities, staff has identified three facilities that will benefit from the installation of automatic doors including the Lathrop Senior Center, Community Center and Generations Center. City staff prepared the plans and technical specifications for the Project and the informal bid solicitation package was advertised on July 8, 2023, in accordance with Informal Bidding Procedures in CA PCC 22032 and LMC 3. 30. 060 and 3. 30. 070. One ( 1) bid was received; Luma Engineering was determined to be a responsive and responsible bidder.
Table 1: Summar of Bid Results
Contractor Total Bid
Luma En ineerin Inc. 138, 000
Staff requests City Council adopt a resolution to ratify City Manager' s approval of a construction contract with Luma Engineering for $ 138, 000, authorize a 10% contingency of $ 13, 800 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 151, 800.
REASON FOR RECOMMENDATION:
The proposed project will improve accessibility for individuals with disabilities, improve security, save energy and establish ADA conformance.
FISCAL IMPACT:
The construction contract with Luma Engineering for $ 138, 000, plus a 10% contingency of $ 13, 800 is requested for a total project not to exceed $ 151, 800.
The project received CDBG funds in the amount of $ 78, 620. Additional funding in the amount $ 73, 180 is needed to augment existing project funds and the CDBG funds to cover the Project Budget.
Therefore, the balance of $ 59, 380, plus a 10% contingency of $ 13, 800 for a total of 73, 180 will be carried over from fiscal year 22- 23 General Fund ( 1010), CIP GG 22- 31 to the CIP Project Fund ( 3010) as follows:
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 11, 2023 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER APPROVAL OF CONSTRUCTION CONTRACT WITH LUMA ENGINEERING INC. FOR THE CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14 AND APPROVE BUDGET AMENDMENT Increase Transfer Out
1010- 9900- 990- 9010 73, 180
Decrease A propriations
1010- 5001- 420- 0100 73, 180
Increase Transfer
3010- 9900- 393- 00- 00 GG 23- 14 73, 180
Increase Expenditures
3010- 8000- 420- 12- 00 GG 23- 14 73, 180
ATTACH M ENTS:
A. Resolution to Ratify City Manager Approval of Construction Contract with Luma Engineering Inc. for the City Of Lathrop Facilities ADA Improvements, CIP GG 23- 14 and Approve Budget Amendment
B. Ratified Construction Contract with Luma Engineering, Inc. for CIP GG 23- 14, City of Lathrop Facilities ADA Improvements
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER li, 2023 CITY COUNCIL REGULAR MEETING
RATIFY CITY MANAGER APPROVAL OF CONSTRUCTION CONTRACT WITH LUMA ENGINEERING INC. FOR THE CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14 AND APPROVE BUDGET AMENDMENT APPROVALS:
C. Z Z, Za 2
Carlos Carrillo Date
Management Analyst II
3 - 3
Ken Reed Date
Senior Construction Manager
ZI 202
Brad ylor Date
City Engineer
l i g p..
Cari James Date
Director of inance
21 • 2023
Michael King Date
Assistant City Manager
Z- 3
Salvador Navarrete Date
City Attorney
l -.- ZQ• Z3
Step en J. Salvatore Date
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING
A CONSTRUCTION CONTRACT WITH LUMA ENGINEERING INC FOR THE CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14 AND APPROVE
BUDGET AMENDMENT
WHEREAS, in compliance with the Americans with Disabilities Act ( ADA), staff has identified three facilities that will benefit from the installation of automatic doors including the Lathrop Senior Center, Community Center and Generations Center; and WHEREAS, City staff prepared the plans and technical specifications. The informal bid solicitation package for the City of Lathrop Facility ADA Improvements, CIP GG 23- 14 ( Project) was advertised on ) uly 8, 2023, in accordance with Informal Bidding Procedures in CA PCC 22032 and LMC 3. 30. 060 and 3. 30. 070; and WHEREAS, Public Works received and opened one ( 1) bid on August 3, 2023.
Based on the review and evaluation of the bid, the lowest responsive and responsible bidder for the project was determined to be Luma Engineering Inc. ( Luma Engineering), with a bid of $ 138, 000; and
WHEREAS, a portion of the construction contract will be funded with CDBG funds with an available balance of $ 78, 620; and
WHEREAS, due to the estimated time ( six weeks) to order and receive the automatic doors the contract with Luma Engineering has been executed by the staff, following approval from the City Manager; and
WHEREAS, staff request Council ratify the City Manager' s approval of a construction contract with Luma Engineering for $ 138, 000, authorize a 10% contingency of $ 13, 800 and authorize staff to spend the contingency as necessary to achieve the goals of the project for a total cost not to exceed $ 151, 800; and WHEREAS, therefore, the balance of $ 59, 380, plus a 10% contingency of 13, 800 for a total of $ 73, 180 will be carried over from fiscal year 22- 23 General Fund ( 1010), CIP GG 22- 31 to the CIP Project Fund ( 3010) as follows:
Increase Transfer Out
1010- 9900- 990- 9010 73, 180
Decrease A propriations
1010- 5001- 420- 0100 73, 180
Increase Transfer
3010- 9900- 393- 00- 00 GG 23- 14 73, 180
Increase Expenditures
3010- 8000- 420- 12- 00 GG 23- 14 73, 180
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approve the ratification of a construction contract with Luma Engineering Inc., for $ 138, 000, authorize a 10% contingency for the total project cost not to exceed $ 151, 800 and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment as detailed above.
The foregoing resolution was passed and adopted this 11t" day of September 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 ATTAC,FiMENT
SECTION 00500
y
CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT
CONTRACT
This Contract, dated September, 2023, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Luma Engineering Contractors Inc. dba LUMA Builders, ( Contractor), whose Taxpayer Identification Number is 88- 1014365.
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract. a.) This project is funded with Community Development Block Grant ( CDBG) funds.
Contractors and Subcontractors shall adhere to applicable provisions of the CDBG Program Labor Compliance Manual & Contract Language attached to the bid documents, ofthis contract ATTACHMENT B. All required compliance forms must be submitted per CDBG requirements.
1. General Scope of Project and Work. Construction Documents for the CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14 ( Project).
Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City. The Project and Work is generally described as follows:
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including but not limited to the removal of three ( 3) existing sets of double swing doors, framing modifications and installation of 3 automated single slide glass doors, 1 swinging door and all appurtenances at the three different City of Lathrop owned facilities, as more fully described in the Project Plans and Specifications of the Informal Bid Solicitation, City of Lathrop Facilities ADA Improvements and incorporated herein by reference.
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 Contractar as though originally specified or shown. The Contractor will be compensated for work actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.
Base Bid Total: 138, 000. 00 ( One Hundred Thirtv- Eight Thousand Dollars) 00500- 1
SECTION 00500
CITY OF LATHROP FACILIT' IES ADA IMPROVEMENTS, CIP GG 23- 14
CUPCCAA INFORMAL BID SOLICITATTON CONSTRUCTION CONTRACT
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Deparhnent 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 Luma En i
eering Contractors Inc. dba LUMA Builders on August 3, 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 ofthe General Conditions.
4. Compensation. In consideration of Contractor' s performance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies ofinsurance coverage described in Section 5. 2 ofthe 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 fumish 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 ofinsurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construcrion 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.
00500- 2
SECTION 00500
CITY OF LATHROP FACILI' I'IES ADA IMPROVEMENTS, CIP GG 23- 14
CUPCCAA INFORMAL BID SOLICITAITON CONSTRUCTION CONTRACT
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 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 ofany 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 discrerionary 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 Proj ect site, insofar as any are required by reason of the use or occupancy ofthe Proj ect site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazazdous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING iTNIT DIR RegistraHon.
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 lunitation, 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 a115ubcontractors ofevery 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 pemutted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on-going obligation of the Contractor under the Contract Documents is the Contractor' s verification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work 00500- 3
SECTION 00500
CITY OF LATHROP FACILI'I'I S ADA IMPROVEMENTS, CIP GG 23- 14
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 subsritute the non-DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ or Labor Code Section 1771. 1( d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is:( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR prepazation 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 hazd copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to La.bor 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 Deparhnent of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the 00500- 4
SECTION 00500
CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14 CUPCCAA INFORMAL Bm SOLICITATION CONSTRUCTION CONTRACT
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 fvrms. 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 Standazds Enforcement, and Division of Apprenticeship Standards of the Deparhnent 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 Standazds, or the Division of Labor Standards Enforcement. Ifthe 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 prepazation 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 a$ er 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 CTTY, 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 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. fl In the event ofnoncompliance 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 00500- 5
SECTION 00500
CITY OF LA'I'HROP FACILITIES ADA II1 IPROVEMEN' S, CIP GG 23- 14
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT after such 10- day period, Contractor shall pay a
penalty of One- Hundred Dollazs($ 100. 00)
to the CTTY 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. lA.
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) yeaz after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' s Bid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
00500- 6
SECTION 00500
CI1' Y OF LATHItOP FACII. ITIES ADA IIVIPROVEMENTS, CIP GG 23- 14
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 8) Contractor has not made a.n 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 aze no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s ability to perform under the Contract; 10) Contractor has fumished 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 ofthis 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. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional chazges, 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) yeazs after the expiration or eazlier termination ofthis 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 regulaz business hours ofCity.
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
00500- 7
SECTION 00500
CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE:( 209) 941- 7430
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor: Luma Engineering Contractors Inc. dba LIJMA Builders Mailing Address: 370 Myrtle Lane, Oakley, CA 94561
Phone: 925) 499- 2668
Email: info_ buildluma com
p; Fernando D. Lopez
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 L,aw. The parties agee that this Contract shall be governed and construed by and in accordance with the Laws ofthe 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 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 ofthis Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties conceming the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
00500- 8
SECTION 00500
CITY OF LATHROP FACILI' I'IES ADA IMPROVEMENTS, CIP GG 23- 14
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of Califomia.
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. 00500- 9
SECTION 00500
CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14 CUPCCAA INFORMAL Bm SOLICITATION CONSTRUCTION CONTRACT
19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT( Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written" 1 lotice 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 wamant 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 CTTY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' s Submitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Manager' s approval.
00500- 10
SECTION 00500
CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23- 14
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Brian Pfaff
Title: VP of Project Management
City Council Meeting:
CITY OF LATHROP Resolution no.
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen . Salvatore, City Manager
END OF SECTIOl
00500- 11
EXHIBIT A
SECTION 00300
CITY OF LATHROP FACILITIES ADA IMPROVEMENTS, CIP GG 23-14
CUPCCM INFORMAL BID SOLICITATION BID PROPOSAL FORMS
BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: Public Works Department
FOR: CITY OF LATHROP FACILITIES ADA IIVIPROVEMENTS
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named her in; that this Bid is made without collusion with any other person, fum, partnership, coiporation, or association; that he has carefully examined the location ofthe proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he will contract with the City of Lathrop, in the form ofthe Contract as set forth in the Consiruction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and fiunish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other ta ces, patent rights, or royalries are included in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award of the contract will be the total price ofthe bid. The City of Lathrop reserves the right to award only the work contemplated or none of the work. 00300- 1
5ECTION 00300
CITY OF LATHROP FACII. ITIES ADA IMYROVEMENTS, CIP GG 23- 14
CUPCCM INFORMAL BID SOLICITATION BID PROPOSAL FORMS
CITY OF LATHROP FACILITIES ADA IMPROVEMENTS. CIP GG 23- 14
BID SCHEDULE
ITEM
DESCRIPTION QUANTITY UNITS
P E
E
OENDED
Mobilization, Removal, Off haul and
1 dispose of Existing Doors and assocfated 1 LS s2o,000.0o t2o,000.00 materials.
City of Lathrop Senior CerKer Provide
and Install( Gildor) or equivalent quatity
Dual Panel glass Single Automated
Doors with 1" insulated Gray Glass with
refledNe coating on exterior. Electrical
2 Service to the door. Access/ Safety 1 LS '
0°°' 0° s' 0' 0°
controls and electrical tie in with City of
Lathrop security system( Bay alarm).
Door Frame dimensions approximately
74" w x85" H. Door to slide from right to
left
Gty of Lathrop Community CeMer
Provide and instal)( Gildor) or
equivalent Dual Panel Glass Single
Automated Doors with 1" insulated
Gray Glass with reflective coating on
3 exterior. Eledrical Service to the door. 1 LS , 000.ao 0°°• 0° Access/ Safety control and electrfcal tie
in with City of Lathrop security system
Bay alarm). Doo Frame dimensions
approximately 112" w x85" H. Door to
slide from ri ht to left
City of Lathrop Generations Center
Provide and Install( Gildor) or
equivale t Dual Panel Glass Single
Automated Doors with 1" insulated
Gray Glass with reflective coating on
exterior. Electrical Service to the three saa. 000.00 a,000. 00 4 doors. Access/ Safety control and
1 LS
electrical tie in with City of Lathrop
security system( Bay alarm). Door
Frame dimensions approximately 74" w
x93" H. Door to slide from right to left
00300- 2
SECTION 00300
CITY OF LATHItOP FACILITIES ADA IIYIPROVEMENTS, CIP GG 23- 14
CUPCCAA IIVFORMAL BID SOLICITATION BID PROPOSAL FORMS
City of Lathrop Community CeMer
Provide and Install Dual Panel glass
single manual door with 1" insulated
Gray Glass with reflective coating on
e erior. Access/ Safety control and
s e.000•oo s s,000. 00
5 electrical tie in with City of Lathrop
1 LS
security system( Bay alarm). Door frame
dimensions approximately 38"W x
85" H.
TOTAL BID: $ 138, 000. 00
roT.a I.BID IN WO tus: One Hundred Thirty- Eight Thousand Dollars 00300- 3