ITEM 4. 20
CITY MANAGER' S REPORT
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO MG & JC
CONCRETE, INC. FOR CONSTRUCTION OF TOWNE
CENTRE DRIVE RAISED CROSSWALK PROJECT, CIP
PS 24- 07
RECOMMENDATION: Adopt Resolution Awarding a Construction Contract to MG & JC Concrete, Inc. for the Construction of
Towne Centre Drive Raised Crosswalk, CIP PS 24- 07
SUMMARY:
The City of Lathrop established the current Traffic Calming Program in 2014 and approved Capital Improvement Project ( CIP) PS 24- 07 with the FY 24-5 budget to address and resolve local neighborhood traffic concerns. This program provides traffic calming measures that can reduce traffic speed, motor -vehicle collisions, and improve safety for pedestrians, cyclists, and motorists.
The goal of the Towne Centre Raised Crosswalk ( Project) is to reduce vehicle speeds on Towne Centre Drive and provide a crosswalk with enhanced safety features for pedestrians crossing between the Towne Centre Apartments to the north and the amenity center to the south. The Project will include grinding of asphalt paving, minor demolition of concrete curb and landscape, installation of grouted cobble, installation of 1-B poles for pedestrian actuated flashing beacons, construction of ADA ramps and landings, construction of concrete raised crosswalk, and striping.
The total budget for this Project, including contingency of 20%, is $ 60, 000. This amount was previously appropriated and sufficient funds were allocated in the approved FY 2024-5 budget for Traffic Calming Measures projects.
Staff requests City Council award a construction contract to MG & JC Concrete, Inc of Vacaville, California for the construction of Towne Centre Drive Raised Crosswalk Project, Capital Improvement Project ( CIP) PS 24- 07 in the amount of $ 42, 340.
BACKGROUND:
City Staff has received complaints from residents regarding vehicles traveling at unsafe speeds on Towne Centre Drive near the Towne Centre Apartments and concerns about pedestrians crossing from the north apartment complex to the south apartment complex, where most of the amenities for the apartments are located.
During October 2023, City staff began a traffic calming study utilizing the California Manual on Uniform Traffic Control Devices ( MUTCD); and after four ( 4) days of the study, data was collected for an estimated 17, 000 vehicles. This amounts to CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO MG & 3C, CONCRETE INC. FOR THE CONSTRUCTION OF TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07 approximately 4, 250 vehicles crossing at the area of concern per day. The speed collected yielded higher averages than the posted speed limit of 25 mph. After careful consideration and observation, staff recommends a raised crosswalk in the area. City staff prepared plans, specifications and an engineer' s estimate in- house.
Staff advertised an informal bid solicitation package for construction of Towne Centre Drive Raised Crosswalk Project on August 6, 2024, in accordance with Informal Bidding Procedures in California Public Contract Code ( PCC) 22034 and Lathrop Municipal Code ( LMC) 3.0. 040. Public Works received and opened two ( 2) informal bids on August 19, 2024. Based on review and evaluation, MG & JC Concrete, Inc. was determined to be a responsible contractor and their bid of $ 42, 340 was determined to be the lowest responsive bid submitted for the project. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Towne Centre Drive Raised Crosswalk
Contractor Total Sample Base Bid
MG & JC Concrete, Inc. 42, 340
Westside Landscape & Concrete, Inc. 56, 613
Staff requests City Council award a construction contract to MG 8,, JC Concrete, Inc. for an amount not to exceed $ 42, 340.
The total estimated cost of this Project, including contract amount, a 20% construction contract contingency, 15% for construction soft costs related to the construction of this project, if awarded to MG & JC Concrete, Inc., is as follows:
Construction Bid 42, 340. 0
Construction Contingency ( 20%) 8, 468. 00
Misc. Costs for Construction 9, 192. 00
Total Project Budget 60, 000.
Staff also requests City Council authorize staff to spend the contingency and soft cost as necessary to achieve the goals of the Project for a total cost not to exceed $ 60, 000.
REASON FOR RECOMMENDATION:
The Project is recommended to increase the safety of the residents and pedestrians around Towne Centre Drive.
CITY MANAGER' SREPORT PAGE 3
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO MG & JC, CONCRETE INC. FOR THE CONSTRUCTION OF TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07 FISCAL IMPACT:
The Towne Centre Drive Raised Crosswalk Project, CIP PS 24- 07, is an approved project in the City' s Capital Improvement Plan, covered under CIP Project Fund 3310). The proposed service contract with MG & JC Concrete, Inc. is for an amount not to exceed $ 42, 340. The total budget for this project, including contingency is 60, 000. As part of CIP PS 24- 07 Traffic Calming Measures, sufficient funds were allocated in the FY 2024-5 budget for award of the construction contract and related expenses.
ATTACHMENTS:
A. Resolution Awarding a Construction Contract to MG & JC Concrete, Inc. for the Construction of Towne Centre Raised Crosswalk Project, CIP PS 24- 07 B. Construction Contract with MG & JC Concrete, Inc. of Vacaville, CA for Towne Centre Drive Raised Crosswalk Project, CIP PS 24- 07
CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO MG & JC, CONCRETE INC. FOR THE CONSTRUCTION OF TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07 APPROVALS:
Leisser Mazariegos
Project Manager
v 71/ 42,,-•
Veronica Albarran
Junior Engineer
Brada' aylor
City Engineer
Cari
Director o Finance
DS- aB--oa
Date
Date
a/ 22124Z'- 1
i/q/ c/ 014
Date
8- 21 • zozy
Michael King Date
Assistant City Manager
9, ?.0 2
Salvador Navarrete Date
City Attorney
con sus ikizogy
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 MG & JC CONCRETE, INC. FOR THE
CONSTRUCTION OF TOWNE CENTRE DRIVE RAISED CROSSWALK PROJECT, CIP PS 24- 07
WHEREAS, the City of Lathrop established the current Traffic Calming Program in 2014 and approved Capital Improvement Project ( CIP) PS 24- 07 with the FY 24-5 budget to address and resolve local neighborhood traffic concerns; and WHEREAS, City staff has received complaints from residents regarding vehicles traveling at unsafe speeds on Towne Centre Drive near the Towne Centre Apartments and concerns about pedestrians crossing from the north apartment complex to the south apartment complex, where most of the amenities for the apartments are located; and
WHEREAS, during October 2023 City staff began their traffic calming study utilizing the California Manual on Uniform Traffic Control Devices ( MUTCD); and after four ( 4) days of data collection an estimated 17, 000 vehicle speeds were collected.
This amounts to a little over 4, 250 vehicles crossing at the area of concern per day.
The speed collected yielded higher average speed than the posted speed limit of 25mph; and
WHEREAS, after careful consideration and observation, staff recommends a raised crosswalk for this area; and
WHEREAS, the scope of work consists of the grinding of asphalt paving, minor demolition of concrete curb and landscape, installation of grouted cobble, installation of 1-B poles for pedestrian actuated flashing beacons, construction of ADA ramps and landings, construction of concrete raised crosswalk, and striping; and WHEREAS, the bid solicitation package with plans and specifications for the construction of the Towne Centre Raised Crosswalk ( Project) was advertised on August 6, 2024, in accordance with Informal Bidding Procedures in California PCC 22034 and Lathrop Municipal Code ( LMC) 3.0. 040; and
WHEREAS, two ( 2) bids were received and opened on August 19, 2024; and WHEREAS, staff reviewed and evaluated the bids, and determined that the lowest responsive and responsible bidder is MG & JC Concrete, Inc. Staff requests City Council adopt a resolution awarding a construction contract to MG & JC Concrete, Inc. for $ 42, 340; and
WHEREAS, staff also requests City Council authorize a 20% construction contingency of $8, 468, if needed; and
WHEREAS, total project budget is not to exceed an amount of $ 60, 000; and WHEREAS, there are no fiscal impact, sufficient funds have been budgeted for project PS 24- 07 in FY 24/5 to cover the cost of the project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby awards a construction contract with MG & JC Concrete, Inc. for construction of CIP PS 24- 07 Towne Centre Drive Raised Crosswalk for a cost of 42, 340; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 20% construction contingency of $8, 468 a total cost not to exceed 60, 000 for construction of the Project.
The foregoing resolution was passed and adopted this 9th day of September 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TSB FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney SECTION 00500
ATTACHMENT
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
CONTRACT
This Contract, dated , is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and MG & JC Concrete, Inc., Contractor), whose Taxpayer Identification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.
2. General Scope of Project and Work. Construction Documents for TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07 (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, including City furnished materials.
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 a 3" grind of asphalt paving, minor demolition of concrete curb and landscape, installation of grouted cobble, installation of 1" conduit, installation of two City furnished 13' type 1- B poles, construction of ADA ramps and landings, construction of a concrete raised crosswalk, striping, and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 10 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: 42, 340 ( Written Price)
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by the Contractor on August 19, 2024. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this 00500- 1
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' sperformance ofits obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' sBid 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' spersonal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property 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.
00500- 2
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification 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' sSubcontractor List submitted with the 00500- 3
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
Contractor' s
proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance ofWork, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict 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' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' sobligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), 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 the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms 00500- 4
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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' spayroll 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 of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' sname, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements ofthis Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict 00500- 5
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
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 - 5. 1A.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty 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' sBid, 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
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
8)
9)
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;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
00500- 7
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
16. Miscellaneous
1)
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
To Contractor:
Phone:
PHONE: (209) 941- 7363
FAX: (209) 941- 7449
ATTN: Veronica Albarran, Junior Engineer
MG & JC Concrete, Inc
401 Buckeye Street,
Vacaville, CA 95688
415) 933- 0031
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, 00500- 8
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable 00500- 9
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, 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.
00500- 1
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted 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' sapproval.
00500- 11
SECTION 00500
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION CONTRACT
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
00500- 12
CENT
R
AISED CRO SSW
CUPCINFOR MA
rrtr
rmrrR
r
rro
i
roirwr
R.
rwarnrlr
rrTAu
011,
100
ONNEINVEN plP
ASOCIIIIMO
MINCALINVINIIMIOAN
D
mP. arBITSM
SIG
NING
AND
STRIPING
PLAN
NT
S)
P
rrwrrrrssWlu. CENTOWNE
IRE peirrero
DR
trr
PUN
wt .)
B
rW
r . M
1101511S, S,
SSW.'
GPM*
S
SCSIumNWEwWraTlMfOr OTS NMINZ •
ra
reON. Bwmi¢ T. 4.wII.
SECTION A - N. A
T. S,)
TOWN!
CENTRE OR
DE
MO
PLAN
T
Is.
SECTION B -
B
N. T. S.)
AHEAD
2 ( W11-
30' 7( 30") W11. 2
30" X30 ")
W16 -
7P (
21" X15 ")
W16 -
9P (
24" X12")
SIGNS
CHART
N .
T. S.)
NOTES
FOR
CONTRACTOR-
9725 411 '
IT1 "
OF
I.
11" HROP
1. CONTRACTOR TO
VERIFY
ALL
DIMENSIONS
AND
LOCATIONS .
FY
23/ 24
TRAFFIC
CALMIN
G
MEASURES
CIP
PS
24- 07
TOWNE
CENTRE
DRIVE
RAISED
CROSSWALK
REVISI
ONS
NO.
SI
DATE
DESCRIPTI
ON
DEPARTMENT
OF
PUBLIC
WORKS
CITY
OF
LATHROP DRAWN BY
CDEC NE0 B1
B .
T .
MGR.: PROD DATE: [
LILY
iota
F. R
CIE
PS
FILE
NO
SCALE:
24. 01
SHEET
NO .
1 OF
77A
1 A
TT
CHME
R
CR
TO
WNE
CENTRE
DR
TOWNE
CENTRE
DR
PROJECT SITE
B- 1
EXHIBIT " A' "
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA 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: TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07 THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location of the proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he will contract with the City of Lathrop, in the form ofthe Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award of the contract will be the total price of the bid. The City of Lathrop reserves the right to award only the work contemplated by the bid or none of the work. 00300- 1
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
BID SCHEDULE
BID
ITEM
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
1 Mobilization / Bonds / Insurance 1 LS
coo M10c0
5( COD 2 Traffic Control 1 LS
5( 000
3 Landscape Demolition 1 LS Cc WO
4 Grind / Off -Haul / Remove Existing
Asphalt Concrete @ 3" Depth
320 SF A 11 2Q
5 Construct PCC Sidewalk @ 5'
Width per City Std. Detail
20 LF
115 3( 5CO
6 Remove and replace PCC Curb Per
Project Plans and Specifications
16 LF
0 ( o
Construct PCC Curb Ramp Case
CH"
1 EA 310c0 3 IflJ cco,
8 Construct PCC Curb Ramp Case
1 EA 3 3/ c
9 Install City -Furnished Poles w/
PCC Footings
2 EA
f o
1 ccO
10 Install 1" Conduit per Plans &
Specs
1 LS 31. 000 3( cco
11 Install Grouted Cobbles per City
Standard 2"- 4" Noya River Cobbles
60 SF
yy12 Supply / Place PCC Crosswalk Per
Project Plans and Specifications
1 LS t l
i2co it I 213
13 Install Striping Per Project Plans 1 LS 3( cop8(oo
TOTAL BID: $ 4Z, ;) 210
TOTAL BID IN WORDS: AlVO 1 wQ 4 -r nv 1 v.d -k-vP. e 14UvtCll O hc4 TO , 00300- 2
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
INFORMATION REQUIRED 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 methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' sname and address:
Mea, Arid 5, QOVO- e, C,.
901 Kvc) kelf red \ I Gicaki i l le, C/ 4 . g5( o
2) Bidder' soffice telephone number: 14 X33- 008)
3) Bidder' sfax number: N 1 Pt
4) Bidder' s Contractor' sLicense # / Expiration Date / Classification:
I 01- 1 BC° / zo25 / Cse, A
5) Bidder' s DIR Registration # / Expiration:
1(00'3 OI / 66) -30—? OZ5
6) Person who inspected site ofproposed work for Contractor' sfirm:
7)
Name: Sa< r-- o Cprpv p Date of Inspection: E 113 1211
List 4 projects of a nature similar to this project:
Project Contract
Price
Name, Address and
Telephone Number of Owner
00300- 3
Miguel Gonzalez — Work Experience
CURB, GUTTER & SIDEWALK REPAIR INCLUDING TREE REMOVAL & STUMP GRINDING & INSTALLATION OF CONCRETE CURB RAMPSAT MISCELLANEOUS LOCATIONS2021- 2022( P.W. 507- 18) Owner - City of Antioch Capital Improvements200 " H" StreetP. O. Box 5007Antioch, CA 94531- 5007 — Inspector Darren Travels — 925 382 5050
Prime Contractor — MG& JC Concrete Inc. 401Buckeye Street Vacaville, CA 9568 Contract Price $ 323, 950. 0 Date October 21 —June 22
Animal Shelter, Concrete CIP GG 23- 06 — Concrete Curb ramps, sidewalk and asphalt paving Owner - City Of Lathrop, 390 Towne Centre Dr, Lathrop CA 95330 — Project Manager Angel Albaraca — 209 712 3136
Prime Contractor — MG& JC Concrete Inc. 401Buckeye Street Vacaville, CA 9568 Contract Price $ 94, 000. Extra work added Final Price $ 99,50. 0 Date 03/ 11/ 24 — 03/ 15/ 24 Lombard St Vision Zero, Lombard St San Francisco — Sewer, Water and Concrete ( Bus pads, Sidewalk, Curb ramps, curb & Gutter)
Owner San Francisco Public works — Representative — Brian Wong Resident Engineer Prime Contractor — M Squared Construction, 1278 20th Ave San Francisco — 415 661- 6902 Contract Price - $ 29, 982, 000. Date Oct 2018 — Oct - 2020 Role — Foreman/ operator of pipe laying and Concrete Crew ( Role involves layout of work, scheduling of work, making sure the work is done efficiently and safely) Polk Streetscape Project, Polk St St San Francisco — Sewer, Water and Concrete ( Bus pads, Sidewalk, Curb ramps, curb & Gutter)
Owner San Francisco Public works — Representative — Panos Panagopolus ResidentEngineer Prime Contractor— M Squared Construction, 1278 20` h Ave San Francisco — 415 661- 6902 Contract Price - $ 18, 321751. 00 Date Oct 2016 —June 2019 Role — Foreman/ operator of pipe laying and Concrete Crew ( Role involves layout of work, scheduling of work, making sure the work is done efficiently and safely) 22nd, 23rd and Dolores St San Francisco — Sewer, Concrete ( Bus pads, Sidewalk, Curb ramps, curb & Gutter)
Owner San Francisco Public works — Representative — Ben Leung Prime Contractor — Basset Engineering 2330 Castro St, San Francisco —415 597 6690 Contract Price - $ 2, 496, 000. Date Jan 21— September 21 Role — Subcontractor— Concrete flat work ( Curb ramps, curb and gutter and sidewalk) Jairo Coronado — Work Experience
CURB, GUTTER & SIDEWALK REPAIR INCLUDING TREE REMOVAL & STUMP GRINDING & INSTALLATION OF CONCRETE CURB RAMPSAT MISCELLANEOUS LOCATIONS2021- 2022( P.W. 507- 18) Owner - City of Antioch Capital Improvements200 " H" StreetP. O. Box 5007Antioch, CA 94531- 5007 — Inspector Darren Travels — 925 382 5050
Prime Contractor — MG& JC Concrete Inc. 401Buckeye Street Vacaville, CA 9568 Contract Price $ 323, 950. 0 Date October 21 —June 22
Animal Shelter, Concrete CIP GG 23- 06 — Concrete Curb ramps, sidewalk and asphalt paving Owner - City Of Lathrop, 390 Towne Centre Dr, Lathrop CA 95330 — Project Manager Angel Albaraca — 209 712 3136
Prime Contractor — MG& JC Concrete Inc. 401Buckeye Street Vacaville, CA 9568 Contract Price $ 94, 000. Extra work added Final Price $ 99,50. 0 Date 03/ 11/ 24 — 03/ 15/ 24 Lombard St Vision Zero, Lombard St San Francisco — Sewer, Water and Concrete ( Bus pads, Sidewalk, Curb ramps, curb & Gutter)
Owner San Francisco Public works — Representative — Brian Wong Resident Engineer Prime Contractor — M Squared Construction, 1278 20th Ave San Francisco — 415 661- 6902 Contract Price - $ 29, 982, 000. Date Oct 2018 — Oct - 2020 Role — Foreman/ operator of pipe laying and Concrete Crew ( Role involves layout of work, scheduling of work, making sure the work is done efficiently and safely) Polk Streetscape Project, Polk St St San Francisco — Sewer, Water and Concrete ( Bus pads, Sidewalk, Curb ramps, curb & Gutter)
Owner San Francisco Public works — Representative — Panos Panagopolus ResidentEngineer Prime Contractor — M Squared Construction, 1278 20` h Ave San Francisco — 415 661- 6902 Contract Price - $ 18, 321751. 00 Date Oct 2016 — June 2019 Role — Foreman/ operator of pipe laying and Concrete Crew ( Role involves layout of work, scheduling of work, making sure the work is done efficiently and safely) 22nd, 23rd and Dolores St San Francisco — Sewer, Concrete ( Bus pads, Sidewalk, Curb ramps, curb & Gutter)
Owner San Francisco Public works — Representative — Ben Leung Prime Contractor —Basset Engineering 2330 Castro St, San Francisco — 415 597 6690 Contract Price - $ 2, 496, 000. Date Jan 21— September 21 Role — Subcontractor — Concrete flat work ( Curb ramps, curb and gutter and sidewalk) SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
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' sTotal 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 ofwork to be performed with the words " and/ or" will not be permitted.
Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing "Not Applicable" in the list below.
1. 2.
3. 4.
5. 6.
Work to be Performed
Subcontractor
License Percent of
Number Total Contract Subcontractor' sName & Address
Note: Attach additional sheets if required.
00300- 4
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
ADDENDA
Bidder acknowledges receipt ofthe following addendum ( addenda):
Respectfully submitted,
Dated Legal Name of Firm
Signature of Authorized Representative
Seal)
IfBidder is a corporation, show State in which incorporated.) 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.
00300- 5
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK. CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
NONCOLLUSION AFFIDAVIT
STATE OF
SSCOUNTY OF 9
being first duly sworn, deposes and says that he or she is of the party making the foregoing bid
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ff
jaivc) Coh,. f)I/42, _
Signature of: President, Secretary,
Manager, Project Manager or Representative
The County of
State of
Subscribed and sworn to ( or affirmed) before me
on this day of , 20 , by
proved to
me on the basis of satisfactory evidence to be the
person( s) who appeared before me.
Seal
Signature
00300- 8
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK. CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
in accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty ofperjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No __
Ifthe answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable fmding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor' sfailure 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- 9
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE MG and JC Concrete, Inc.
as PRINCIPAL, and Westem National Mutual Insurance Company as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment ofwhich sum in lawful money ofthe United States, well and truly to be made to the City ofLathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, fumly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ 1o% of Bid Amount,
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 Public Works Department, 390 Towne Centre Drive, Lathrop, CA: TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07.
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.
00300- 6
SECTION 00300
TOWNE CENTRE DRIVE RAISED CROSSWALK, CIP PS 24- 07
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
N
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this f((,'' day 202H
Seal)
Seal)
Address:
Seal)
iC- li ( Seal)
Address: 4700 West 77th Street.
Edina, MN 55435- 4818
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 7
NOT,
COP,
amesstaN E
wt$ TEMIN
wNATIONAL
Ad, Madam: krsaapo
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Westem National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute, and appoint: Eric Verkouteren Gritly Insurance Services Inc. #10248 Its true and lawful Attomey( s)- in- Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto ( if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self- insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows:
All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/ 100 ($7, 500, 000.) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Westem National Mutual Insurance Company thereby, and all of the acts of said Attomeys- in- Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010.
This Power of Attomey is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Westem National Mutual Insurance Company on September 28, 2010:
RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attomeys- in- fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attomey- in- fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company 1) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed ( if a seal be required) by a duly authorized attomey- in- fact or agent; or iii) when duly executed and sealed ( if a seal be required) by one or more attorneys - in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person orpersons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December , 2020.
E SEAL :
Jon R. Hebeisen, Secretary
STATE OF MINNESOTA, COUNTY OF HENNEPIN
Larry A. Byers, Sr. Vice President
On this 16th day of December. 2020, personally came before me, Jon R. Hebeisen and Larry A. Byers and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid,. aad_,, that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers w# RIAi, STAJ duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. ON SHM 9 , SioN
pus
t,I0 lc
7.S &spigot,
Jennifer A. Young, Notary Public
My commission expires January 31, 2026
JENNIFER A. YOUNG
NOTARY PUBLIC
MINNESOTA
My c mnbssion Egaires D1rd112O26
CERTIFICATE
1, the undersigned, assistant secretary of the Westem National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.
d'` OwPl. AiprG.•'.
9 WSEAL
Signed and sealed at the City of Edina, MN this ! 1i6ay of %i>t/8, JS1 , Z) V1 Jennifer A. Young, Assistant Secretary y
State of Oregon Notarial Certificate (ORS Ch. 194. 280, 194. 285) Acknowledgment in a Representative Capacity
State of OREGON
County of DOUG1, Z
This record was acknowledged before me on ( date) Ai. t,4 no—, 20 24 by ( name( s) of individual( s)) 5r; e.
type of authority)
Veybis Ltt ere -0 as
Owe, o F t
rtry of (name of party on whose behalf
record was executed) 7LK. I.jeSiar Natrnnax rvu. k-v.1% trtiv ame C01v41 y . blic - State of Oregon
Official Stamp
OFFICIAL STAMP
JULIAN SHIVELY
NOTARY PUBLIC - OREGON
COMMISSION NO. 1003965
P. r C0141AiSSI04J WIRES SEPTEJ ER 29, 2024
Document Description
This certificate is attached to page 344 of a Bidders 8Ortd ( title or type of document), dated AvouSt / G.', 20 Z4 , consisting of 9 pages.