ITEM 4. 10
CITY MANAGER' S REPORT
7ANAURY 8, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO BAGLEY
ENTERPRISES, INC. FOR THE FUELING FACILITY
ASSOCIATED WITH CIP GG 21- 13 CORPORATION
YARD IMPROVEMENTS
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to Bagley Enterprises, Inc. for the Fueling Facility
Associated with CIP GG 21- 13 Corporation Yard
Improvements
SUMMARY:
On April 12, 2021, City Council approved the creation of Capital Improvement Project CIP) GG 21- 13 Corporation Yard Improvements to add new buildings and services to the property, including a fueling facility for City vehicles.
The plans and specifications for the construction of the fueling facility ( Project) were completed by staff, and advertised on November 30, 2023 in accordance with Bidding Procedures in California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code ( LMC) 2. 36. 060. The City Clerk received and opened three ( 3) bids on December 19, 2023. Based on the review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be Bagley Enterprises, Inc. ( Bagley) with a bid of $ 335, 210.
Staff requests City Council award a construction contract to Bagley for the construction of the Fueling Facility in the amount of $ 335, 210. Staff also requests City Council authorize a 20% construction contingency of $ 67, 042 for a total cost not to exceed $ 402, 252.
Sufficient funds were allocated in the approved Fiscal Year ( FY) 2023- 24 budget to award the contact.
BACKGROUND:
On April 12, 2021, City Council approved the creation of Capital Improvement Project CIP) GG 21- 13 Corporation Yard Improvements to add additional office space, security upgrades, a fueling facility, a material handling site with storage racks and additional asphalt pavement for vehicle and foot traffic.
On December 11, 2022, City Council awarded a construction contract to construct all concrete flatwork, diking, and fuel tank footings for the fueling facility. This was a significant step towards creating a robust and efficient fueling infrastructure for the City. The construction work began promptly, and by June 2023, all the necessary concrete work had been completed. This cleared the way for installing all fueling components.
CITY MANAGER' S REPORT PAGE 2
7ANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO BAGLEY ENTERPRISES, INC. FOR THE FUELING FACILITY ASSOCIATED WITH CIP GG 21- 13 CORPORATION
YARDIMPROVEMENTS
Soon thereafter, the City purchased above- ground storage tanks for gasoline, diesel and diesel exhaust fluid ( DEF) and staged them for installation.
On June 23, 2023, the City received Authority to Construct ( ATC) from the San Joaquin Valley Air Pollution Control District for Facility N- 8591- 2- 0, confirming the District' s approval of the Project scope and authorizing construction of the Project.
The Project will provide a service- ready fleet fueling facility for city vehicles, with one nozzle each of gasoline, diesel and DEF. The Project also includes tank placement and anchorage, and installation of pumps, piping, dispensers, hoses, nozzles and a FuelMaster electronic fuel control and inventory system.
Staff prepared bid specifications, plans and technical specifications for solicitation on November 30, 2023 in accordance with CA PCC 20160 and LMC 2. 36. 060. Three ( 3) bids were received and opened by the City Clerk on December 19, 2023, all determined to be responsive and from responsible bidders. The bid results are summarized in Table 1 below:
Tab/ e 1: Summar of Bid Resu/ ts- Pro ert and Evidence Bui/din Contractor Total Bid
Ba le Enter rises, Inc. 335, 210. 00
GEMS Environmental Mana ement Services, Inc. 489, 155. 00 Air & Lube S stems, Inc. 492, 359. 25
Staff reviewed and evaluated the bids, and determined that the lowest responsible bidder is Bagley. Staff requests City Council adopt a resolution awarding a construction contract to Bagley in the amount of $ 335, 210 for the construction of the Project. Staff also requests City Council authorize a 20% construction contingency of 62, 042, and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 402, 252.
REASON FOR RECOMMENDATION:
The proposed improvements will provide a service- ready fueling facility typical of many California cities that will minimize vehicle fueling costs and provide efficient fueling operations for many City departments, including Public Works Operations and Maintenance, Police, Building and Parks and Recreation.
FISCAL IMPACT:
The proposed construction contract with Bagley is for $ 335, 210. A 20% construction contingency is requested in the amount of $ 67, 042 for a total cost not to exceed 402, 252.
CITY MANAGER' S REPORT PAGE 3
JANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO BAGLEY ENTERPRISES, INC. FOR THE FUELING FACILITY ASSOCIATED WITH CIP GG 21- 13 CORPORATION
YARDIMPROVEMENTS
Sufficient funds were allocated in the approved Fiscal Year ( FY) 2023/ 24 budget for CIP GG 21- 13 to award the contract; therefore, no budget amendment is needed.
ATTACHMENTS:
A. Resolution Awarding a Construction Contract to Bagley Enterprises, Inc. for the Fueling Facility Associated with CIP GG 21- 13 Corporation Yard Improvements B. Construction Contract with Bagley Enterprises, Inc. for the Fueling Facility Associated with CIP GG 21- 13, Corporation Yard Improvements CITY MANAGER' S REPORT PAGE 4
JANUARY 8, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO BAGLEY ENTERPRISES, INC. FOR THE FUELING FACILITY ASSOCIATED WITH CIP GG 21- 13 CORPORATION
YARDIMPROVEMENTS
APPROVALS:
2 , 9_ z 3
Steven Hollenbeak Date
Assistant Engineer
I2- q - 3
Ken Reed Date
Senior Construction Manager
12° i 2dZ3
Brad ylor Date
City Engineer
a%
Cari James Date
Director of nance
c- 1 Z - - 2oZ3
Michael King Date
Assistant City Manager
i
t • zoZ3
Salvador Navarrete Date
City Attorney
3 ` 2 i
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING A CONSTRUCTION CONTRACT TO BAGLEY ENTERPRISES, INC. FOR THE FUELING FACILITY ASSOCIATED WITH CIP GG 21- 13 CORPORATION YARD
IMPROVEMENTS
WHEREAS, on April 12, 2021, City Council approved the creation of Capital Improvement Project ( CIP) PK GG 21- 13 Corporation Yard Improvements to add new buildings and services to the property; and
WHEREAS, on November 30, 2023, the City solicited bids for the construction of a fueling facility ( Project) to provide gasoline and diesel fuel for City- owned vehicles; and
WHEREAS, a total of three ( 3) bids were received and opened by the City Clerk on December 19, 2023; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be Bagley Enterprises, Inc. ( Bagley) with a bid of $ 335, 210; and WHEREAS, staff requests City Council award a construction contract to Bagley in the amount of $ 335, 210 for the construction of the Project; and WHEREAS, staff also requests Council authorize a 20% construction contingency in the amount of $ 67, 042 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed 402, 252; and
WHEREAS, sufficient funds were allocated in the approved Fiscal Year ( FY) 2023/ 24 budget for the construction of the Project; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract to Bagley Enterprises, Inc. for the construction of the Fueling Facility Associated with CIP GG 21- 13, Corporation Yard Improvements for a cost of $ 335, 210; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 20% construction contingency of $ 67, 042 for a total cost not to exceed $ 402, 252 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 8t" day of January, 2024 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
TTAC HMENT
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
CONSTRUCTION CONTRACT
This Contract, dated January 8, 2024 is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Bagley Enterprises, Inc., Contractor), whose Taxpayer ldentification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for CORPORATION YARD FUELING FACILITY, CIP GG 21- 13 ( 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 the installation of a Hirt burner, pumps, dispenser, hanging hardware and a FuelMasterTM module and piping for the connection of all to existing above- ground gasoline, diesel and DEF tanks to provide a complete and service- ready fueling facility, 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: $ 335, 210. 00
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, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by Bagley Enterprises, Inc. on Dec. 19, 2023. For the purposes of construing, interpreting and resolving inconsistencies between the provisions ofthis Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
SECTION 00500
CORPORATION YARD FUELING FACIL[ TY CONSTRUCTION CONTRACT CIP GG 21- 13
4. Compensation. In consideration of Contractor' s performance ofits obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' s Bid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof ofinsurance shall be mailed to the Proj ect Manager to the address set forth in Section 15 ofthis Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, ar 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 ofthis Contract, or arising thereafter.
7. Assumption of Risk. Contractor agees 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 ar omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment ar performance, or any part thereof, shall not operate as a waiver by City ofits 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 SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy ofthe 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 Wark 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 Subcontractar is a DIR Registered contractor.
c) Contractor Obligation to Verifv Subcontractor DIR Re istration Status. An affirmative and on- going obligation of the Contractor under the Contract Documents is the Contractor' s verification that a11 Subcontractors, of all tiers, are at all times during performance of Work in fu11 and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' s verification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Re istered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' s proposal for the Wark is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractar' s DIR registration lapses prior to or during a Subcontractor' s performance of Work, the Contractor shall request the CITY' s consent to SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771. 1( c)( 3) and/ or Labor Code Section 1771. 1( d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: ( i) the Contractor' s strict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Paytnent of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s obligation to: ( i) process any request for payment of any portion ofthe Contract Price; or( ii) to disburse any portion ofthe Contract Price to the Contractor.
The 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 Labar Commissioner. The CITY: ( i) sha11 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 Wark pursuant to Labor Code Section 1771. 4( a)( 4), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours warked 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 recards 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.
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the CITY, the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. 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 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 ofthe written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the recards 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 (] 0) 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.
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT C1P GG 21- 13
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.
1 l. 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, Contractar 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 payrnent is made hereunder;
4) Any manufacturer' s warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractar 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 Contractar;
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 Contractar and City which would materially affect Contractar' s
ability to perform under the Contract;
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
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 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 ofthe 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, ar delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' s Project- related and Work- related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if( 1) personally served, ( 2) sent by the United States mail, postage prepaid,( 3) sent by private express delivery service, ar( 4) in the case ofa 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
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
PHONE: ( 209) 941- 7363
FAX: ( 209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractar' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay ar 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 ofthis Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. A11 documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
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 contractar 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 far 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 l 1738, and Environmental Protection Agency Regulations at 40 CFR Part 15.
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
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 Contractar has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written" Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' s Submitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' s approval with resolution.
SECTION 00500
CORPORATION YARD FUELING FACILITY CONSTRUCTION CONTRACT CIP GG 21- 13
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 O FO
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
BID PROPOSAL FORMS
Bagley Enterprises, Inc.
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: CORPORATION YARD FUELING FACILITY, CIP GG 21- 13
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location 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 of the Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales ta ces, State, and/ or Federal, and any other taxes, patent rights, or royalties aze included in the prices yuoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award of the contract will be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid or none ofthe work. 00300- 1
BAGLEY ENTERPRISES> INC
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROP SAL FORMS
CIP GG 21- 13
CORPORATION YARD FUELING FACILITY, CIP GG 21- 13
BID SCHEDULE
BID
DESCRIPTION UNIT EXTENDED
M
QUANT. UNITS
pRICE TOTAL
1 Mobilization/ Bonds/ Insurance 1 LS $ 45424. 00 $ 45, 424. 00 Wayne Fueling Systems LLC- WA- 3/ G7209D
Twin, Two- Product Remote Dispenser: Dual Hose/
2 Dual Product: Unleaded& Diesel; Lane Oriented; 1 LS $ 17005. 00 $ 17, 005. 00 Standazd Speed- Up To 22 GPM; Internal Filter;
Pulser; Hose Mast; Totalizer
3 Franklin Fueling Systems FE- STPAG75- VL2—
3/ 4 HP AG fixed speed STP 88- 149" alcohoUgas
2 E``+ $ 5, 067. 18 $ 10, 134. 36
Franklin Fueling Systems FE- R- Model R check
4 valve, factory installed, for Veeder- Root PLLD Line 2 EA $ 100. 00 200.00 Leak
5 Franklin Fueling Systems FE- 401165905 Field
2 EA $ 514. 50 $ 1, 029. 00
Installed- Siphon system when purchased w/STP
Franklin Fueling Systems FE- STP- CBS- Single6 phase control box w/ lockout switch, 124 volt coil up 2 EA $ 349. 50 699. 00 to 2 HP
Franklin Fueling Systems FE-R17- SS- Riser assy
17" SS
2 E` $ 453. 00 906. 00
S Husky Corporation HiJ- 5885- 2 PN vent- thread w/ 3
1 EA 696. 60 WCP& 8 WCV w/intern scrn
696. 60
9 Emco Wheaton Retail Corp. EW- A0084- 038- Vent
EA $ 696. 06 $ 696. 06
P- V aluminum 3" pres 8" vac 2" NPT
10 Morrison Bros. Co. MB- 2440M- 0600AVEVR- 8" 8
1 EA 487. 60 $ 487. 60
oz emergency vent Male thread w/o- ring EVR
11 Morrison Bros. Co. MB- 2440M- 0700AVEVR- 8"
16 oz emergency vent Male thread w/o- ring EVR
1 EA $ 548. 04 548. 04
12 Morrison Bros. Co. MB- 2440M-0200 AV- 6" 8 oz
1 EA
emergency vent Male thread w/o- ring
284. 20 284. 20
Monison Bros. Co. MB- 2440M- 0400AVEVR- 6"
13 16 oz emergency vent Male thread wJo- ring EVR
1 EA $
333. 62 333. 62
Morrison Bros. Co. MB- 715- TT3- 3MBB- 0- 3" 10
14 gal top connection w/3" AL M QD adaptor, BR ball 2 EA 4133. 36 $ 8, 266. 72 valve, hand um
15 Morrison Bros. Co. MB- 715-VR30 AK- 3" vapor
1 EA 607. 64
recovery kit, includes cap, adapter& 2 clamps 607. 64
Morrison Bros. Co. MB- 715- 5404 AS- Four- leg
16 stand f/715 10 gal remote fill box, powder coated 2 EA $ 883. 24 $ 1, 766. 48 steel
Morrison Bros. Co. MB- 9095AA3300AVEVR- 3"
pressure fill ove ll prevention valve, aluminum
2 EA $ 1, 883. 04 $ 3, 766. 08
body w/3" Female threaded x 6" Female threaded
connections CARB EVR
00300- 2
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
Momson Bros. Co. MB- 9095ATM0300 AK- 3"
1 g
manual test mechanism Includes A, B& AA 0300
2 EA
top, aluminum w/3" male quick disconnect x 6" 495. 20 990. 40 female threads
Morrison Bros. Co. MB- 91 SC- 2000AGEVR- 2"
19 clock gauge less alarm box, male threads, drop tube 2 EA $ 1, 236. 50 $ 2, 473. 00 float blank face
20 Morrison Bros. Co. MB- 419- 03081TEVR- 3" x 7'- 9"
2 Ep $ 265. 66 531. 32 aluminum drop tube CARB EVR approved 21 Morrison Bros. Co. MB- 4 1 9- 0206 1TEVR- 2" x 6'
4 EA 610. 64
aluminum drop tube CARB EVR approved 152. 66
Morrison Bros. Co. MB- 419E- 0200AEEVR- 2" drop 22
tube extender, CARB EVR approved
2 EA $ 49. 42 98. 84
Franklin Fueling Systems FX-FF20X18I- 1 IXM346- 23
Fireflex 2" x 18" Male x Male swivel flex connector
3 EA $ 398. 60 $ 1, 195. 80
Franklin Fueling Systems FX- FFISX18M346X2F24 Fireflex 1- 1/ 2 x 18 M346 swivel x 2 FNPT flex 3 EA $ 322. 08 $ 966. 24 connector
S. Bravo Systems, Inc. BR-A6210- 1 - Pedestal- mount
25 f/Reliance Select above- ground dispenser sump 1 EA
2, 955. 1 $ 2, 955. 12
e x alvanealed steel
S. Bravo Systems, Inc. BR- BK- A6000- Boss- mount
26 bracket for product valves
2 EA $ 173. 68 $ 347. 36
S. Bravo Systems, Inc. BR-BK-B2- X& Y axis
27 adjustable stabilizer bracket for vapor valve for VR 1 EA $ 153. 48 $ 153. 48 emer enc valve bracket
S. Bravo Systems, Inc. BR- B- 33- 3- 2- 1. 5- Flexible 3, 28 2 8c 1- 1/ 2 combo fitting
2 EA $ 137. 92 $ 2 5. 84
S. Bravo Systems, Inc. BR-EBS- Electrical bulkhead
29 seal f/3/ 4& 1 conduit
2 E`4
74. 78 149. 56
30 OPW Retail Fueling OP- IOBF vvIP- 5830- 1- 1/ 2 male 2 EA
top double poppet emergency valve 402. 02 $ 804. 04
OPW Retail Fueling OP- 60VSP- 1001 - 1 x 1- 1/ 2
31 vapor line shear valve poppeted
1 EA 357. 08 $ 357. 08
Emco Wheaton Retail Corp. EV- A4005EVR- 052-
EVR balance vapor recovery nozzle black 32
EV- A4005EVR- 052- C
1 EA 942. 08 $ 942. 08
CORE- EVR Balance recove nozzle
Emco Wheaton Retail Corp. EV-A4119EVR-U20-
Coaxiai SafeBreak coupling valve EVR 33
EV- A4119EVR- 020- C
1 EA $
224. 40 224. 40
CORE- Coaxial SafeBreak cou lin valve
34 ContiTech USA, Inc. GD- BALVEN- 096- 00- 8'
1 EA
Premier ULTRA coaxial hose w/venturi 613. 28 $ 613. 28
35 ContiTech USA, Inc. GD- BAL- 048- 00- 4' Premier
1 EA
ULTRA coaxial wJo venturi whip hose 333. 08 $ 333. 08
Emco Wheaton Retail Corp. EV-A4041- 001 - 36
Coaxial splitter, island mount, alum
1 EA $ 233. 64 $ 233. 64
00300- 3
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
3 OPW Retail Fueling OP- 11A- 0100- I,eaded spout
1 EA
non VR nozzle- green 169. 68 $ 169. 68
Husky Corporation HLJ- 350- VI F multi- plane swivel 38 3/ 4 M x F
1 EA $
70. 74 70. 74
39 Husky Corporation HU- 3360- 3/ 4 x 3/ 4
1 EA 208. 80 $ 208. 80 reconnectable Safe- T-Break
ContiTech USA, Inc. GD- FSB3/ 4- 012- MXMS- 00-
40 NEW STYLE 3/ 4" xl' Flexsteel hardwall hose 1 EA 98. 46 qg. MxMS- BLK ContiTech USA, Inc. GD-FSB3/ 4- 102- MXMS-00-
41 NEW STYLE 3/ 4" x8. 5' Flexsteel hardwall hose 1 EA 172. 56 $ 172. 56 MxMS- BLK- 20022089
Syn- Tech Systems, Inc.- Fuel Master FM42
FMU3505PLUSG- Prokee 2. 4 FMiT— gray Includes:
LS $ 14, 607. 95 $ 14, 607. 95
4 Hose Control; Configured For AIM 2. 4/ AIM T1;
Island Card Reader; Wired Ethernet Read
Veeder Root VR1- 860190- 120- TLS4 console,
43 CDIM, color touch screen display, UL
1 EA $
6, 633. 75 $ 6, 633. 75
Veeder Root VR1- 333434- 001 - T'LS4 application
44 soflware, 12 inputs must order one per console
EA $ 6, 155. 62 $ 6, 155. 62
Veeder Root VR1- 332813- 001 - TLS- 45U universal
45 input/ output interface module/ UIOM w/ 5 dry 1 EA
contact output relays, 41ow voltage dry contact 2, 992. 45 $ 2, 992. 45 in uts 5 hi h volta e in uts
46 Veeder Root VR1- 330020- 832- External Printer for
1 EA $ 2, 210. 60 $ 2, 120. 60
TLS4 Series Console( Epson Model: TM-T88V)
4 Veeder Root VR1- 330020- 839- Wall Mounting 1 EA $ 248. 40 $ 248. 40 Bracket f/External Printer f/T' L. S4 Series Consoles
48 Veeder Root VR1- 846397- 307- MagPlus 8' in- tank
EA 4, 363. 07
inv only w/ water detection, HGP probe
4, 363. 07
49 Veeder Root VR1- 846397- 305- MagPlus 7' in-tank
1 EA $ 4, 363. 07 $ 4, 363. 07
inv only w/water detection, HGP probe
Veeder Root VRI- 846397- 605- MagPlus 7' in-tank
50 nv only no water detection, HGP probes
1 EA $ 4, 363. 07 $ 4, 363. 07
51 Veeder Root VR1- 846400- 014- Mag Plus install kit
1 EA $ 775. 80 $ 775. 80
4 float alt fluid 10' cable
Veeder Root VR1- 846400- 110- Mag Plus install kit 52
2 float gasoline 10' cable
1 EA $ 1, 492. 50 $ 1, 492. 50
53 Veeder Root VR1- 849600- 011 - Mag probe install kit 1 EA $ 914. 38 $ 914. 38
diesel 4 float 10' cable
54 Monison Bros. Co. VR1- 312020- 952- 4" riser cap 3 EA and ring kit for probe 305. 60 916. 80
Veeder Root VR1- 312020- 984- Above ground 55
nstallation kit
3 EA 370. 80 $ 1, 112. 40
56 Veeder Root VR1- 794380- 208- Sump sensor w/ 12'
3 EA $ 11. 00 $ 2, 133. 00
cable
00300- 4
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
57 Veeder Root VR1- 794390- 420- Interstitial sensor
2 EA
f/steel tank w/16' cable
1, 259. 98 $ 2, 519. 96
Diversified Distribution, Inc. VR1- 3 12020- 928- 2"
58 interstitial sensor riser cap& adaptor kit, single port 2 EA $ 140. 32 280. 64 hole
59 Veeder Root VR1- 790091- 001 - Overfill alarm, Steel 1 EA $ 1, 88434 $ 1, 884. 34 Pole Mount/ Install and Connect AC Power Veeder Root VRI- 790095- 001 - Alarm
60 acknowledgement switch
1 EA $ 1, 157. 37 $ 1, 15737
61 SE TANK DECAL PACKAGES— LJNLEADED and
1 LS $ 336. 00 336. 00 DIESEL
62 Signage and Additional Decals 1 LS 144. 00 $ 144. 00 Morrison Bros. Co. MB- 710- 0200 1 V- 2" solenoid
63 valve( Viton) w/ 120/ 60 volt AC coil
2 E'4 $ 2, 110. 00 $ 4, 220. 00
64 Morrison Bros. Co. MB- 346DI- O500 AV- 2 external
2 EA
emergency valve ductile iron 630. 52 $ 1, 261. 04
Jomar International, Ltd. SE- 100- I OSLH- Jomaz 2
65 brass ball valve full port locking handle
2 EA $ 146. 42 $ 292. 84
PMP Corporation 5E-62632- STI flush mount fuel
66 pump( SS2249PS- El shutdown E- Stop w/ surface 2 EA $ 407. 92 g15. 84 cover& alarm
6 Hirt Combustion Engineers, Inc. HV- VCS- 100- 2-
1 LS Hirt VaporTek system f/AG tank EVR II 38, 922. 95 $ 38, 922. 95 Hirt Combustion Engineers, Inc. HV- M40- 48" legs
1, 285. 04 68
for VSC- 100
1 EA $ 1, 285. 04
Hirt Combustion Engineers, Inc. HV-P65- 1/ 4"
69 check valve f/ground mount only
1 EA $ 601. 66 601. 66
Wayne Fueling Systems LLC WA- D3/ G7101DDEF compact single, remote dispenser islandoriented less filter w/cap; Single Product— DEF 1 LS $ 10, 933. 34 $ 10, 933. 34
Compact Remote Dispenser, Island Oriented; Pulser;
Hose Mast; Totalizer; Solenoid Valve; 20" Pedestal
w/ Containment
71 OPW Retail Fueling OP- 60V- DEF- DEF shear valve 1 EA $ 620. 80 $ 620. 80 72 OPW Retail Fue( ing OP- 21GU- 0400- DEF nozzle
EA Wayne Bennett( standard) 517. 50 $ 517. 50
73 OPW Retail Fueling OP- 2IGU- H15- DEF 15' hose
1 EA
assembly Wayne 337. 26 $ 337. 26
OPW Retail Fueling OP- 2IGU- SSB- DEF SS swivel 74 &
reconnectable breakaway
1 EA 380. 96 $ 380. 96
75 Franklin Fueling Systems FE- 403469901 - DEF
1 EA $ 6>976. 30 $ 6, 976. 30
60Hz, single phase, VLl 69- 102 vaziable length
00300- 5
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
Franklin Fueling Systems FE- STP- CBS- Single76 phase control box w/lockout switch, 120 volt coil up 1 EA ta 2 HP 345. 18 $ 345. 18
Franklin Fueling Systems FEP- 403408931, Check
valve DEF, spare part
1 EA $ 539. 26 $ 539. 26
Franklin Fueling Systems FE- 403409931 - 1/ 2 bypass 78 reliefvalve
1 EA 4.69 $ 774. 69
Franklin Fueling Systems FE- 403713921 - Single
phase electrical kit includes STP- CBS( 208- 240V
79 pump control with 120V coil, p/ n 400818921)& 25 1 EA 450. 47 $ 450. 47
uF/ 370V Capacitor( p/ n 400170936, for use with
DEF- PMA 150A
Jomar International, Ltd. 5E- 100- 968- 2" SS ball
80 valve
1 EA 354. 80 $ 354. 80
OPW Retail Fueling OP-23- Oo33- 2" aluminum tank gl
vent
1 EA $ 59. 44 59. 44
K1eerBlue Solutions SE- SBD 911178- 2" Male SS
116. 00 82
compatible Drybreak f/Todo
1 EA 116. 00
Veeder Root VR1- 846397- 607- MagPlus 8' in- tank
4, 188. 54 83
inv only no water detection, HGP probes
1 EA 4, 188. 54
84 Veeder Root VR1- 846400- 104- Mag Plus install kit
1 EA $ 1, 241. 98 2 float alt fluid 5' cable
1, 241. 98
Place 1, 000 Gallon Poly DEF Tank and Provide/ 85
Install Snyder Industries Cable Anchor Kit
LS $
2, 215. 60 $ 2, 215. 60
86 Steel Bollazds per CFC 312 23 EA $ 334. 00 $ 7, 682. 00 Provide Slope Under Feet ofExisting Gasoline and 87
Diesel Tanks— Grout or Steel Plate
LS $ 4, 444. 00 $ 4, 444. 00
88 Provide/ Install 100A Subpanel 1 LS $ 4, 444. 00 $ 4, 444. 00 89 Secure Existing Gasoline and Diesel Tanks to PCC
1 LS $ 4, 444. 00
Slab 4, 440. 00
90 LCT- Dispenser Vapor Return, including Sump, 1 LS $ 5, 849. 00 Sensor and'/." Copper Tubing& PCC Removal 5, 849. 00 91 Elevated Pipe Stands and Surface Level Uni- Struts,
i LS
IncludingHardware 16, 667. 00 $ 16, 667. 00
92 Electrical and Data Conduit 1 LS $ 6, 944. 00 $ 6, 944. 00 93 2" Stainless Steel Piping 250 LF $ 45. 33 $ 11, 332. 50 94 Electrical and Data Wiring 1 LS $ 7, 000. 00 $ 7, 000. 00 Install NEMA 3 Cabinet( 36" x 30" x 12") for
95 Electrical SubPanel, VR Monitor and Hirt Burner 1 LS $ 2, 500. 00 $ 2, 500.00 Controls
00300- 6
BAGLEY ENTERPRISES, INC
SECTION 00300
CORPORATION YARD FUELIlVG FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
96 Start- Up/ Air District Commissioning 1 LS $ 9, 600. 00 $ 9, 600. 00 Coordination with San Joaquin County
1, 511. 00 97
Environmental Health
1 LS 1, 511. 00
98 City Employee Training 1 LS $ 4,800. 00 $ 4, 800. 00 Project Commissioning per Lathrop Manteca Fire
3, 200. 00 99
District
1 LS $ 3, 200. 00
TOTAL BID 335, 210. 00
TOTAL BID: $ 335, 210. 00
TOTAL BID IN WORDS: Three hundred thirty five thousand two hundred ten dollars and no cents 00300- 7
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
INFORMATION REOUIRED OF BIDDER
The Bidder( Contractor) shall furnish the following information. This information is considered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful study of inethods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to complv with this requirement may render the Bid non- responsive and mav cause its rejection. Additional sheets shall be attached as required.
BIDDER' S INFORMATION
1) Bidder' s name and address:
Bagley Entemrises, Inc.
2370 Maggio Circle# 4
Lodi CA 95240
2) Bidder' s telephone number: 209- 367- 4800
3) Bidder' s fax number: 209- 367- 5424
4) Bidder' s Contractor' s License( Class): A B HAZ C- 61 ( D21, D34, D40) License No.: 774802
Expires: 2/ 29/2024
5) Person who inspected site of proposed work for Contractor' s firm:
Name: Eric Molgaard Date of Inspection: 12/ 7/2023
5) List 5 projects of a nature similar to this project:
Project Contract Name, Address and
Price Tele hone Number of Owner
Replace UDC and Dispensers $ 124,965 San Joaquin County Fleet Services, Kevin Myose P O Bx 1810 Stockton CA 209- 953- 7508
Replace Dispensers 58, 864 San Joaquin County Fleet Services, Kevin Myose P O Bx 1810 Stockton CA 209- 953- 7508
CHP Tracy, Install Fuel Island $ 314, 827 Lusazdi Construction, Aaron McCoy 6375 Clark Av, Dublin CA 714- 414- 0286
City of Madera Fire Station 58 $
51, 415
Davis Moreno Construction, Ben Romero
Santa Cruz Auto Shop
167, 500
Katch Environmental Renee Serrano
929 L St Fresno CA 559- 292- 6653
00300- 8
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' s Total Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words" and/ or" will not be permitted.
Failure to comply with this requirement may render the Bid non-responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing" Not Applicable" in the list below.
Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' s Name& Address 1 Not Applicable at this time
2. 3.
4. 5.
6. Note: Attach additional sheets ifrequired.
003 0- 9
SEC' TION 00300
CORPORATION YARD FUELING FACILTTY BID PROPOSAL FORMS
CIP GG 21- 13
ADDENDA
Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):
N/A
Respectfully submitted,
December 18, 2023 Bagley Enterprises, Inc
Dated Legal Name of Firm
1 Signa re of uthorized Re sentative
R
Seal)
If Bidder is a corporation, show State in which incorporated.) CA
The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:
NOTICE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
Joseph Bagley- President, Secretary, Treasurer and Manager, 2370 Maggio Cir# 4 Lodi CA 95240 00300- 10
SECTiON 00300
Bond No. 66895646
CORPORATiON YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 2]- 13
BIDDER' S BOND
KNOW ALL MEN BY THE5E PRESENTS:
THAT WE Bagley Enterprises, Inc.
as PRINCIPAL, and Western Surety Company
as SURETY are held; and firmiy bond unto the City of Lathrop in the penal sum of 1'EN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment ofwhich sum in lawful money ofthe United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. 1n no case shall the liability of the surety hereunder exceed the sum of$ 340,000.00
THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the City Hall, 390 Towne Centre Drive, Lathrop, CA: CORPORATION YARD FiTELING FACII. ITY, CIP GG 21- 13
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
IN WITNE55 WHEREOF, we have hereunto set our hands and seals on this 19th day of December , 2023.
Seal) Seal)
Salvador Ric ard Mena, Attomey
Seal)
In Fact for Westem Surety Seal)
Address: Address: 151 North Franklin, 17th Floor
r;
Chicago, IL 60606
NOTE: Signatures ofthose executing for the surety must be properly acknowledged. 00300- 11
VUestern Sure Com any
POWER OF ATTORNEY- CERTIFIED COPY
Bond No. 66895646
Know All Men By These Presents, that WESTERN SURETY COMPANl, a corporation duly organized and existing under the lawe of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota( the" Company"), dces b,y theae presents make, constitute and appoint ShcvadOr R1Chdrd Mend .
ite true and lawful attorney( s)- in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for nnd on its behalf as Surety, bonds for:
Principal: Bagley Enterprises, Inc.
Obligee: City of City of Lathrop, Department of Public Works Amount: $ l, 000, 000. 00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the ca rporate seal of the Compan3• aiid duly attested b• its Secretary, hereby ratifying and cronfirming al] that the said attorney( s} infact may do within t.he above stated limitations. Said appointment is made under and by authority of' the following bylaw of Western Surety Company which remains in full force and effect.
Section 7. , ll bonds, policies, undertakings, Powers of Attorney or other ohligations of the corporation shall be exec:uted in the corporate name of the Compan by the President, Secretary, any Assietant Secretary, Treasurer, or any Vice President or by such other off"icers as the Board of Directors may euthorize. The President, any Vice President. Secretary, any Assistant Secre.tary, or the Treaeurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company-. The corporate seal is not necessary- for the validit}• of any bonds, policies, undertakings, Powere of Attome,y or other obligations of the corporation. The signature of any such officer and the corporate seal may- be printed by facsimile." This Power of Attorney map be signed b} digital signature and sealed by a digital or otherwise electroiuc- formatted corporate seal under and by the authorit5• of the following Resolution adopted by the Board of Directore of the Coropang by unanimous written consent dated the 27th day of April, 2022:
RESOLVED: That it is in the 6est interest of the Company to periodically ratify and confirm any corporate dceuments signed by digital signatures and to ratif and conf'irin the use of a digital or otherwise electmnic- formatted corporate seal, each to be considered the act and deed of the Company."
IfBondNo. 66895646 isnotissuedonorbeforemidnightof MdrCh 18th, 2024 all authoritv, cppftlm od this Power of Attornep ehall expire and terminate. e. 4''' r'' r.
a. r ' rr :..
a'3thebs Wher;. Vestern Surety Companp has caused these presents tu be signed by its Vice President, Larry Kastett, and its c@ i a Ce e+ g, a$£ hie 19Y_h dayof ___ December _ 2023_. q:.. ^; e. tii:-.:
WESTERN SURET COMPANY
s'f's oF s vT t.u r ,
s,: S,. ss LarryKasten, VicePresident
COUI4' C{ d YAHA
E,.:.. a.. l
On this_ _ 19th day of December , in the year_
2023___,before me, a notary public, perso: ially appeared Larry Kasten, who being to me duly sworn, acknowledged that he eigned the above Power of Attorney as the aforesaid officer of WESTERN SURETY C 2 a k ledged eaid instrument to be the voluntary act a deed of said corporation.
S. GREEN
riorNrr aueuc
1. 1,.Y1
SOl1TH DAKOTA Notary Public- South Dakota
My Commission Expires February 12, 2027
I the undersigned officer of Weatern Surety Company, a stock corporation of the$ tate of South Dakola, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my- hand and seal of Western Suret}• Company thiR _ 19 th day of December_ __ _ , 2023 __.
WES N SURET COMPAIVY
Larry Kaeten, Vice President
To validate bond authenticity, go to cvw. enasurety.com > Owner/ Obligee Services> Validate Bond Coverage.
Form F5306 r2023
SECTION 00300
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
NONCOLLUSION AFFIDAVIT
STATE OF CA
San Joaquin
ss.
COUNTY OF
Andy Bagley being first duly sworn, deposes and says that he or she is Project Manager of Bagley Enterprises, Inc the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price ofthe bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any mem r or agent thereof to effectuate a collusive or sham bid.
a a3
Signature f: Preside Secretary,
Manager, Project Mana er or Representative
The County of 1 ' n lul 1 n
State of . C U
Subscribed and sworn to( or affirmed) before me
on this,_ day of tr, 20 3, by
t' GI' , proved to
me on the basis of satisfactory evidence to be the
person( who appeared before me.
SEE
Seal AT T C H E
Signature
00300- 12
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§ 8202 05ee Attached Document( Notary to cross out lines 1- 6 below) See Statement Below( Lines 1- 6 to be compieted only by document signer[ s], not Notary) 1 2
3 4
5 6
gnat e of ocume ' gner No. 1 Signature o ent Signer No. 2( if any) A notary public or other officer completing this certificate verifies only the identiry of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California Subscribed and sworn to( or affirmed) before me Countyof San Joaquin on this L" day of, 20 Z,
by Date Monih Year
p nc r w au eu
JACC, UEI.YN GARCIAi
and( 2) _
coMM a zalsa8s
s ' San JQaqufn Gounty Name( s) o Signer(s)
Califarnia Notary Puhli"";'
proved to me on the basis of satisfactory evidence to Comm Exp Oct, A, 2026 :
i ,,,,,,,,,,,,,,,..,.,................• be the person' j who appeared before me.
Signature
Place Notary Seal and/ or Stamp Above S gnatur of Notary Public OPTIONAL ._
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ p lJf t 1 l J
Document Date: I 2 I ( 2 Number of Pages:
Signer( s) Other Than Named Above: N- 1 r\
02019 National Notary Association
SECTION 00300 ,
CORPORATION YARD FUELING FACILITY BID PROPOSAL FORMS
CIP GG 21- 13
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the Bidder, any officer ofthe Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X_
If the answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because ofthe Contractor' s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
END OF SECTION)
00300- 13
SECTION 00670
CORPORATION YARD FUELING FACILITY WARRANTY BOND
CIP GG 21- 13
WARRANTY BOND ACKNOWLEDGMENT
TO the City of Lathrop
The undersigned guarantees the construction and installation of the work included in this project.
A Warranty Bond similar to the provided Warranty Bond Form on the following page is required to be submitted prior to project acceptance by the City. The Warranty Bond shall be ten percent 10%) of the final contract amount. The Bond will be effective for one( 1) year, beginning with the date of project acceptance.
If any of the work is defective, due to faulty workmanship, materials furnished or methods of installation, or if the work or any part of it fails to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within one year after the date on which this contract is accepted by the City after relief from maintenance, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring the project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to malce such replacement or repairs, or, upon demand by the City, to replace any such material and to repair the work completely without cost to the City so that the work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs done by the undersigned. Ifthe City elects to have the work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned fails or refuses to comply with his obligations under this warranty, the City shall be entitled to all costs and expenses, including attorney' s fees.
7 tif fa
Signatur of Bidder Date
00670- 1
C C STATE LICENSEBOAFtD
ACTIVE LICENSE
774$ a2 CORP
SAG! EY NTERPRIS S INC
B C61/ D2? C61/ D34 C61/ D40 A
HAZ
E4.., a. 02/2912C24 www.cslb. ca. pov
I
BAGLEY ENTERPRISES, INC.
LIQUID HAN[ 3LING SO LUTI NS
a..
if,
Capability Statement
Our primary product lines include:
Bagley Enterprises, Inc.
Aboveground Gasoline, Diesel, and Lube Storage Tanks
phone: 209) 367- 4800
Toll Free: 87 833- 4800
Gasoline and Diesel Dispensing Systems
Fax: 209) 367- 5424
Tank Management Systems
Fuel Management Systems
Email: sales bagleyenterprises. com
Fuel Filtration( Turbo Filtering& Purification of Diesel Fuel) lebsite: www.bagleyenterprises. com
Address: 2370 Maggio Circle# 4
Pumps, hose reels, nozzles, metering devices, gauges, and all Lodi, CA 95240
associated petroleum equipment
Waste Oil Collection Systems
Work Area: Nationwide
Lubrication Systems
Motor Vehicle Maintenance& Repair Shop Equipment
Federal Data
Installation, Inspections, Maintenance, and Repair of Petroleum Related Equipment: CAGE Code: 57AQ1
DUNS#: 92- 7077974
SAM: Active
Designation: SDVOSB( Service Disabled
Veteran Owned Small
Business)
Advantage! e
GSA Contract Holder GS- 07F- 0462Y GSA: GS- 07F- 0462Y
Online Shopping Since 2012 F5C' s: 4250, 4930& 5430
NAICS: 238910, 332311, 333914, 811310
ANCRA, NEW and OLMS
CA Department of VA Palo Alto Health
gacy SINS: 253 24, 253 40, 253 90,
Transportation Care System, CA 253 99, 361 20A, 36124,
36127, 361 99& 56 500
San Joaquin San Joaquin County, CA
Regional Transit
State Data
E CA License: 774802 A, B, HAZ
C- b1 ( D21, D34, D40)
Established in 1985, experienced in design, furnish, and install of CA DIR#: 1000012690 fuel systems CMAS: 4- 20- 56- 0051C
VA-CVE Certified
Manufacturers Certified
International Code Council( ICC) Certified 3
UST Designated Operator
UST/ AST Service Technician/ Installation/ Retrofitting SCfVt r!, t3',
AST Vapor Recovery
VE