ITEM 4. 21
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY
TIM PAXINS PACIFIC EXCAVATION INC. FOR THE
INSTALLATION OF TRAFFIC SIGNAL NETWORK
CABINETS, CIP PS 23- 01, APPROVE CONTRACT
CHANGE ORDER NO. 2, AND APPROVE BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution to Accept Public Improvements Constructed by Tim Paxin' s Pacific Excavation Inc.
for the Installation of Traffic Signal Network
Cabinets, CIP PS 23- 01, and Authorize the Filing of a
Notice of Completion, Release of Contract Retention,
Release of Performance, Payment Bonds, Approve
Contract Change Order No. 2 and Approve Budget
Amendment
SUMMARY:
Tim Paxins Pacific Excavation, Inc. ( Pac Ex) has successfully completed the construction of improvements, and the installation of Traffic Signal Network Cabinets associated with Capital Improvement Project ( CIP) PS 23- 01 (Project). This work included the construction of concrete pedestals and installation of network cabinets at various locations to house communication systems, which enable the traffic signals to connect to the City' s network. Staff inspected the work, and the City Engineer has deemed the improvements complete and in accordance with the approved plans and specifications.
Staff requests that City Council accept the improvements constructed by Pac Ex and authorize the filing of a Notice of Completion with the San Joaquin County Clerk.
Additionally, staff requests approval for the release of the contract retention, totaling 16, 691. 55, to Pac Ex within forty-ive (45) days of recording the Notice of Completion and the release of performance and payment bonds. As part of the acceptance process, Pac Ex has submitted a one- year warranty bond ( equal to 10% of the construction contract)
Staff also requests that the City Council approve balancing Change Order ( CCO# 2) and authorize a budget amendment of $ 55, 415. 52 from the General Fund Street Reserves ( 1010) to cover the cost of the balancing change order No. 2.
CCO # 2 addresses unexpected site conditions that were not visible during the planning and design stages. These conditions, which were critical to resolve in order to maintain the integrity of the project, led to an increase in costs. Most of the cost overrun is for additional conduit around existing infrastructure to be able to get to the network cabinets.
CITY MANAGER' SREPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TIM PAXINS PACIFIC EXCAVATION INC. FOR THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01, AND APPROVE CONTRACT CHANGE ORDER NO. 2
AND APPROVE BUDGET AMENDMENT
BACKGROUND:
On July 11, 2022, City Council approved the creation of Capital Improvement Project CIP) PS 23- 01 for City -Wide Traffic Systems and Safety Upgrades Project for various upgrades that will maintain and improve the reliability, safety and function of various traffic control devices. CIP PS 23- 01 included the installation of 17 new City provided NEMA 3) traffic signal network cabinets for various traffic intersections throughout the City to provide City network connection at the major intersections. The new traffic signal network cabinets will house the equipment necessary to connect the intersection cameras, traffic signal controller, and Iteris detection systems to the City' s network for monitoring, maintenance and optimization.
Staff requests City Council accept the improvements constructed by Pac Ex for CIP PS 23- 01, authorize the filing of a Notice of Completion with the San Joaquin County Clerk, approve the release of contract retention to Pac Ex for $ 16, 691. 55 within fortyfive ( 45) days after the recording of the Notice of Completion, and approve the release of performance and payment bonds.
Upon acceptance of the improvements, the performance bond ( Bond No. CA4724559, 135, 825) and payment bond ( Bond No. CA4724559, $135, 825) will be released and replaced with a one- year warranty bond ( Bond No. CA472559, $ 33,83. 10). The one- year warranty bond covers any repairs or replacements that may become necessary during the one- year period beginning with this acceptance due to any defective materials or workmanship in connection with the completed improvements.
Pac Ex has also provided the necessary lien releases for the materials supplied and completed work.
Council previously approved Change Order CCO No. 1 for $ 120, 00 during the project' sconstruction. Now, staff is requesting approval for Change Order CCO No. 2 to cover additional work due to unexpected site conditions, resulting in a final contract amount for the project of $ 333, 81. 04.
REASON FOR RECOMMENDATION:
Pac Ex has completed construction of the Project pursuant to the contract documents dated December 12, 2022. Staff inspected the improvements, and they have been deemed complete and in accordance with the plans and specifications approved by the City Engineer.
Pac Ex has submitted a one- year warranty bond for the improvements to be accepted based on 10% of the construction contract) and lien releases confirming all subcontractors and suppliers have been paid in full. The warranty bond covers any repairs or replacements that become necessary during the one- year period, CITY MANAGER' SREPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TIM PAXINS PACIFIC EXCAVATION INC. FOR THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01, AND APPROVE CONTRACT CHANGE ORDER NO. 2
AND APPROVE BUDGET AMENDMENT
beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements.
Upon council approval, the performance bond and payment bond will be released and replaced with the one- year warranty bond upon City Council' s acceptance of the
improvements.
FISCAL IMPACT:
Staff requests that City Council approve balancing Change Order No. 2 and authorize a budget amendment of $ 55, 415. 52from the General Fund Street Reserves ( 1010) to fund the balancing change order. The final construction contract amount with Pacific Excavation for the Project is $ 333, 81. 04.
Decrease Street Reserves
1010- 251- 03-0 $ 55, 415. 52
Increase Transfer Out
1010- 9900-90- 9010 $ 55, 415. 52
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 01 $ 55, 415. 52
Increase Appropriation
3310- 8000- 430- 37- 00 (Materials) PS 23- 01 $ 55, 415. 52 ATTACHMENTS:
A. Resolution to Accept Public Improvements Constructed by Tim Paxin' s Pacific Excavation Inc. for the Installation of Traffic Signal Network Cabinets, CIP PS 23- 01, and Authorize the Filing of a Notice of Completion, Release of Contract Retention, Release of Performance and Payment Bonds, Approve Contract Change Order No. 2 and Approve Budget Amendment
B. Notice of Completion - CIP PS 23- 01, The Installation of Traffic Signal Network Cabinets.
C. The installation of Traffic Signal Network Cabinets CIP PS 23- 01 Contract Change Order No. 2
CITY MANAGER' SREPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS CONSTRUCTED BY TIM PAXINS PACIFIC EXCAVATION INC. FOR THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01, AND APPROVE CONTRACT CHANGE ORDER NO. 2
AND APPROVE BUDGET AMENDMENT
APPROVALS:
i/7/ di, 111
Carlos Carrillo Date
Management Analyst
Ken Reed Date
Senior Construction Manager
Brad Liaylor
City Engineer
Date
ID R - 6,) 0a29
1 oiss/ 7ov- I
0 / alb 02, Y
Cari James Date
Finance Director
Michael King Date
Assistant City Manager
0-8• tovl
C) —
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT
PUBLIC IMPROVEMENTS CONSTRUCTED BY TIM PAXIN' S PACIFIC EXCAVATION INC. FOR THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01, AND AUTHORIZE THE FILING OF A NOTICE OF
COMPLETION, RELEASE OF CONTRACT RETENTION, RELEASE OF
PERFORMANCE AND PAYMENT BONDS, APPROVE CONTRACT CHANGE ORDER NO. 2 AND APPROVE BUDGET AMENDMENT
WHEREAS, on July 11, 2022, City Council approved the creation of Capital Improvement Project ( CIP) PS 23- 01 for City -Wide Traffic Systems and Safety Upgrades Project for various upgrades that will maintain and improve the reliability, safety and function of various traffic control devices; and WHEREAS, CIP PS 23- 01 included the installation of 17 new City provided NEMA 3) traffic signal network cabinets for various traffic intersections throughout the City to provide City network connection at the major intersections.; and WHEREAS, Tim Paxins Pacific Excavation, Inc. (Pac Ex) has successfully completed the construction of improvements and installation of the installation of Traffic Signal Network Cabinets associated with Capital Improvement Project ( CIP) PS 23- 01 (Project); and
WHEREAS, staff inspected the work, and the City Engineer has deemed the improvements complete and in accordance with the approved plans and City specifications; and
WHEREAS, staff requests that the City Council accept the improvements constructed by Pac Ex and authorize the filing of a Notice of Completion with the San Joaquin County Clerk; and
WHEREAS, staff requests approval for the release of the contract retention, totaling $ 16, 691. 55, to Pac Ex within forty-ive (45) days of recording the Notice of Completion and the release of performance and payment bonds; and WHEREAS, Pac Ex has submitted a one- year warranty bond for the improvements to be accepted ( based on 10% of the construction contract) and lien releases confirming all sub - contractors and suppliers have been paid in full.
WHEREAS, the warranty bond covers any repairs or replacements that become necessary during the one- year period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvement; and
WHEREAS, upon acceptance of the improvements, the performance bond Bond No. CA4724559, $ 135, 825) and payment bond ( Bond No. CA4724559, 135, 825) will be released and replaced with a one- year warranty bond ( Bond No.
CA472559, $33,83. 10); and
WHEREAS, staff is requesting that the City Council approve balancing Change Order ( CCO# 2) and authorize a budget amendment of $ 55, 415. 52 from the General Fund Street Reserves ( 1010) to fund the balancing change order. The final construction contract amount with Pacific Excavation for the Project is $ 333, 81. 04; and
Increase Transfer Out
1010- 9900-90- 9010 $ 55, 415. 52
Increase Transfer In
3310- 9900- 393- 0000 PS 23- 01 $ 55, 415. 52
Increase Expenditures
3310- 8000- 430- 37- 00 (Materials) PS 23- 01 $ 55, 415. 52 Decrease Reserve
1010- 251- 03-0 $ 55, 415. 52
WHEREAS, CCO # 2 addresses unexpected site conditions that were not visible during the planning and design stages. These conditions, which were critical to resolve in order to maintain the integrity of the project, led to an increase in costs; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop approve a budget amendment of $ 55, 415. 52from the General Fund Street Reserves ( 1010) to fund the balancing change order ( CCO# 2); and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves a balancing change order ( CCO# 2) in the amount of $55, 415. 52; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby accept the completed public improvements constructed by Pac Ex for CIP PS 23- 01; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop authorizes the filing of the Notice of Completion with the San Joaquin County Clerk and the release of the contract retention to Pac Ex, in the amount of $ 16, 691. 55 within forty-ive (45) days after the recording of the Notice of Completion, and authorizes the release of the performance and payment bonds.
The foregoing resolution was passed and adopted this 14th day of October, 2024 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees ( GC 11922)
ATTACHMENT " 13
SPACE ABOVE THIS LINE FOR RECORDER' S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is owned by:
NAME STREET AND NO. CITY STATE
City of Lathrop 390 Towne Centre Drive Lathrop CA 95330 If more than one owner of the interest stated, the name and address of each must be stated)
2. That the full name and address of the owner of said interest or estate, if there is only one owner, and that the full names and addresses of all the co -owners who own said interest or estate as tenants in common, as joint tenants, or otherwise, if there is more than one owner, are set forth in the preceding paragraph.
3. That the nature of title or the stated owner, or if more than one owner, then of the stated owner and co - owners is:
Project No. CIP PS 23- 01 Installation ofTraffic Signal Network Cabinets, by Tim Paxins Pacific Excavation, Inc.
4. That on the 14th day of October 2024 a work of improvement on the real property herein described was completed.
5. That the name of the original contractor, if any, for said work of improvement was: Pacific Excavation, Inc.
6. That the name and address of the transferor is:
NAME STREET AND NO. CITY STATE
Tim Paxins Pacific Excavation, Inc. 796 Kent Street, Elk Grove, CA 95624
7. That the real property herein referred to is situated in the State of California, and is described as follows:
City of Lathrop County of San Joaquin,
Project No. CIP PS 23- 01 Installation of Traffic Signal Network Cabinets
CITY OF LATHROP
By:
Stephen J. Salvatore, City Manager Date
That the undersigned has knowledge ofthe contents herein and states under penalty ofperjury that the foregoing is true and correct.
By:
Teresa Vargas, City Clerk Date
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the NOTICE OF COMPLETION dated September 18, 2024 by Installation of Traffic Signal Network Cabinets, Inc. to the City of Lathrop, a political corporation and/ or governmental agency, is hereby accepted by the undersigned officer or agent on behalf ofthe City Council pursuant to authority conferred by minute action of the City Council adopted on October 14, 2024, and the grantee consents to recordation thereof by its duly authorized officer.
Dated By
Stephen J. Salvatore, City Manager
EXCAVATION INC.
September 18, 2024
City of Lathrop
Re: CIP 23- 01 Installation of Traffic Signal Network Cabinets Subject: Letter of Completion
The intent of this letter is to inform you that Pacific Excavation, Inc has completed the project listed above. We request the City' s acceptance of the work completed per plans and specs along with extra work at force account totaling $333, 81. 03.
If you have any questions regarding the above, please feel free to call me.
Respectfully submitted,
Prescilla Gastelum
Corporate Secretary
CONSENT OF
SURETY COMPANY
TO FINAL PAYMENT
DOCUMENT G707A! A
OWNER
ARCHITECT
CONTRACTOR
SURETY - X
OTHER
Bond No. CA4724559
PROJECT: Installation of Traffic Signal Network Cabinets, CIP PS 23- 01 name, address)
TO ( Owner)
City of Lathrop
CONTRACTOR
Tim Paxin' sPacific Excavation, Inc.
ARCHITECT' SPROJECT NO:
CONTRACT FOR:
CONTRACT DATE: December 12, 2022
In accordance wkh the provisions of the Contract between the Owner and the Contractor as indicated above, the Owe mead new and address of UGLY Comps*
Great American Insurance Company , SURETY COMPANY,
301 E 4th Street Cincinnati, OH 45202
on bond of ( here insert name and address of Contractor) Tim Paxin' sPacific Excavation, Inc., 9796 Kent St., Elk Grove, CA. 95624 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to were limed name and address aOwner) City of Lathrop, 390 Towne Center Dr., Lathrop, CA. 95330 , OWNER, As set forth in the said Surety Company' sbond.
IN WITNESS WHEREOF,
the Surety Company has hereunto set its hand this
Attest:
Seal):
18 day of September, 2024 19
Great American Insurance Company
Surety Company
James D. Einerson, Attorney -in -Fact
AIA DOCUMENT 6107 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1070 EDITION • MAO 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. NW. WASHINGTON. D. C. 20000 S- 4869
ONE PAGE
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity 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
County of Sacramento
On Sept. 18, 2024 before me,
Gail C. Einerson, Notary Public
insert name and title of the officer)
personally appeared James D. Einerson, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) is/ doe subscribed to the within instrument and acknowledged to me that he/ pie/ tl.c executed the same in his/ korltbrair authorized capacity( iw), and that by his/ l /tMMir signature( y on the instrument the person(!, or the entity upon behalf of which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Seal)
GAIL. C.
0 ; ... COMM. # EINERSON; 2489029
2 {: r,1 SACRAMENTO COUNTY
0 NOTARY PUBLIC • CALIFORNIA
O
COMM. EXPIRES MAY 3 2028''
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513- 369- 5000 • FAX 513- 723- 2740 The number of persons authorized by
this power of attorney is not more than THREE
No. 0 14660
POWER OF ATTORNEY
KNOWALL MEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State ofOhio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf ofthe said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name
JAMES D. EINERSON
GAIL C. EINERSON
MICHELLE FURNO
Address Limit of Power
ALL OF ALL
GOLD RIVER. CALIFORNIA $ 100, 00,00
This Power ofAttorney revokes all previous powers issued on behalfofthe attorney( s)- in- fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2ND day of DECEMBER 2020 Attest _ GREAT AMERICAN INSURANCE COMPANY
Assistant Secretary Divisional Senior Vice President
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 2ND day of DECEMBER , 2020 , before me personally appeared MARK VICARIO, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President ofthe Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal ofthe said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the 13y - Laws of said Company, and that he signed his name thereto by like authority.
SUSAN A KONORST
Notary Public
State of Ohio
My Comm. Expires
May 18, 2025
MARK VICARIO ( 877377- 2405)
S4- oct- a ar01- 4410y
This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors ofGreat American Insurance Company by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one ofthem, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalfofthe Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits oftheir authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary ofthe Company ntay be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary ofGreatAmerican Insurance Company, do hereby certify that the foregoing Power ofAttorney and the Resolutions ofthe Board ofDirectors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 18 day of September , 2024
Assistant
Lew3
Secretary
es_
51028AH ( 03/ 20)
Job # 23-248
CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT' SLIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT
RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.
IDENTIFYING INFORMATION
Name of Claimant: PACIFIC EXCAVATION INC
Name of Customer: CITY OF LATHROP
Job Location: CIP 23- 01 INSTALL TRAFFIC SIGNAL NETWORK CABINETS Owner: CITY OF LATHROP
CONDITIONAL WAIVER AND RELEASE
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant' sreceipt of payment from the financial institution on which the following check is drawn:
Maker of Check: CITY OF LATHROP
Amount of Check: $ 69, 336.0
Check Payable to: PACIFIC EXCAVATION INC
EXCEPTIONS
This document does not affect any of the following:
Disputed claims for extras in the amount of:
SIGNATURE
Claimant' sSignature:
Claimant' sTitle:
Date of Signature
FORM R103 rev 07-2- 12
0 CORPORATE SECRETARY
9/ 18/ 2024
DocuSign Envelope ID: A96F5264- C7FC- 415A- 97DA- 45CD1 F 1 CD827 SECTION 00670
THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS CIP PS 23- 01
CUPCCAA INFORMAL BID SOLICITATION GUARANTY
Bond No: CA4724559
Premium: $ 0
Contract No: CIP PS 23- 01
GUARANTY ( WARRANTY) BOND
KNOW ALL PERSONS BY THESE PRESENTS, that
WHEREAS, the CITY OF LATHROP, ( hereinafter referred to as " City") and Tim Paxin' sPacific Excavation, Inc. , ( hereinafter referred to as " Principal") have entered into an Agreement (" Contract") for THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS, CIP PS 23- 01, and
WHEREAS, Principal is required under the terms of the Agreement to furnish warranty security for the work performed pursuant to the Agreement in the amount of [$ 33,83. 10 ] to guarantee replacement and repair of the improvements as described in the Agreement for a period of one year following the date of recordation of the notice of acceptance of the Improvements against any defective work or labor done, or defective materials furnished.
NOW,. THEREFORE, we, the Principal, and . Great American Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of Thirty- three thousand three hundred eighty- three & 1 W1ooDollars ($ 33,83. 10 ) lawful money of the United States, being not less than 10 percent ( 10%) of the amount payable by the terms of the Contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
The condition of this obligation is such that if Principal shall indemnify City for all loss that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the improvements by the City Council of City, then this obligation shall be null and void; otherwise, this obligation shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered.
Surety' s obligations hereunder are independent of the obligations of any other surety for the performance of the Contract, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the City' srights against the others.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the City or its successors or assigns.
Surety shall provide Citywith thirty ( 30) days' written notice ofPrincipal' sdefault prior to Surety terminating, suspending or revoking the bond.
00670- 2
DocuSign Envelope ID: A98F5264- C7FC- 415A- 97DA- 45C01F1CDB27 SECTION 00670
THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS CIP PS 23- 01
CUPCCAA INFORMAL BID SOLICITATION GUARANTY
The Surety hereby stipulates and agrees that no change, extension oftime, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications.
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their seals this day of September 19 , 2014 the name and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
Tim Paxin' sPacific Excavation, Inc.
Note:
To be signed by Principal
and Surety and acknowledgment and
notarial seal attached.
Principal)
Signature
Print Name and Title
Great American Insurance Company
Surety)
301 E 4th Street Cincinnati, OH 45202
Address
James D. Einerson, Attorney -in -Fact
END OF SECTION)
Print Name and Title
00670- 3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity 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
County of Sacramento
On Sept. 19, 2024 before me,
Gail C. Einerson, Notary Public
insert name and title of the officer)
personally appeared James D. Einerson, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(*) whose name() is/:
subscribed to the within instrument and acknowledged to me that he/ siNtirp executed the same in his/ lrrrtily r authorized capacity**), and that by his/ gR/ tieip signature($ on the instrument the person( y, or the entity upon behalf of which the person(, acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature 6;$ 1. XIS. 441)( Seal)
GAIL C. EINERSON Y
COMM. # 2489029
NOTARY PUBLIC - CALIFORNIA ,
SACRAMENTO COUNTY 0
COMM. EXPIRES MAY 3 2028'
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513- 369- 5000 • FAX 513- 723- 2740 The number of persons authorized by
this power of attorney is not more than THREE
No. O 14660
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws ofthe State ofOhio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney - in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name
JAMES D. EINERSON
GAIL C. EINERSON
MICHELLE FURNO
Address Limit of Power
ALL OF ALL
GOLD RIVER, CALIFORNIA $ 100, 00,00
This Power of Attorney revokes all previous powers issued on behalfof the attomey( s)- in- fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2ND day of DECEMBER 2020 .
Attest GREAT AMERICAN INSURANCE COMPANY
Assistant Secretary
1109
Divisional Senior Vice President
STATE OF OHIO, COUNTY OF HAMILTON - ss:
MAR}< VICARIO ( 877- 3n- 2405)
On this 2ND day of DECEMBER , 2020 , before me personally appeared MARK VICARIO, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
SUSAN A KONORST
Notary Public
State of Ohio
My Comm. Expires
May $ 8, 2025
a 444442y
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys - in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary ofthe Company may be affixed by facsimile to any power of attorney or certicate ofeither given for the execution ofany bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal ofthe Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power ofAttorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 19 day of September , 2024
e.
Assistant Secretary
S1029AH ( 03/ 20)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity 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
County of Sacramento
On September 20th, 2024 before me,
Michelle L. Pereira ( Notary Public)
insert name and title of the officer)
personally appeared Prescilla Gastelum
who proved to me on the basis of satisfactory evidence to be the persorl( s) whose namejipyis/' subscribed to the within instrument and acknowledged to me that be/ she/ tbeyexecuted the same in big/ her/ tl authorized capacityLies), and that by, ais/ her/ tbetr signatures on the instrument the person $, or the entity upon behalf of which the person( siacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature' Z,( i Seal)
MICHELLE L. PEREIRA
Notary Public - California
Sacramento County g
Commission # 2464892 i
My Comm. Expires Oct 27, 2027
ATTACHMENT" C
0 CHANGE ORDER NO. 2
CIP PS 23- 01 Contract Change Order No. 2 City of Lathrop CONTRACT CHANGE ORDER NO. 2
CIP PS 23- 01
Contractor: Tim Paxin' s Pacific Excavation
Address: 9796 Kent Street
Elk Grove, CA 95624
Change Order Date
Contract Execution Date:
Notice to Proceed Date:
September 20, 2024
December 12, 2022
February 3, 2023
Pursuant to your request and the provisions of the Contract Specifications, City agrees to revise line items as detailed in Attachment A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and Tim Paxin' sPacific Excavation dated December 12, 2022.
I. CHANGES IN THE SPECIFICATIONS
None
11. ADDITION( S) TO CONTRACT
Additional $ 55, 415. 52to total cost of contract due to bid Item overages and extra work. Refer to Attachment A: Balancing Change Order Summary
CHANGE ORDER NO. 2 55, 415. 52
CHANGE ORDER NO. 2
CIP PS 23- 01 Contract Change Order No. 2 City of Lathrop
DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.
TIME OF COMPLETION
Complete
RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed.
Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:
A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.
END OF SECTION)
CHANGE ORDER NO. 2
CIP PS 23- 01 Contract Change Order No. 2 City of Lathrop Approved As
To Form:
Recommended
By:
Approved By:
Accepted By
Contractor:
Salvador Navarrete
City Attorney
City of Lathrop
Michael King
Assistant City Manager
City of Lathrop
Stephen J. Salvatore
City Manager
City of Lathrop
m Paxin dba Pacific Excavation
e -S CLi _. g S -k-e, 1, ckr,,
Print Name and Title Ce _`l^ $
o
Date
Date
Date
Date
ATTACHMENT A
BALANCING CONTRACT CHANGE ORDER SUMMARY
CIP PS 23- 01 INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS Bid Item List Quantity
Pacific Excavation, Inc.
ORIGINAL ESTIMATED COST FINAL COST
Unit Unit Cost Subtotal Quantity J
Subtotal Difference
1 Mobilization @ 17 Locations 1 LS 12, 750. 0 12, 750. 0 1 12, 750. 0 0.0 2 Traffic Control System 1 LS 8, 500. 0 8, 500. 0 1 58,00. 0 0.0 3 Provide ESCP 1 LS 2, 500. 0 52,00. 0 1 2, 500. 0 50. 00 4 Concrete Foundation 13 EA 500. 00 56,00. 0 13 56,00. 0 0.0 5 Concrete Pedestal 15 EA 1, 250. 0 18, 750. 0 15 518, 750. 0 0.0 5A Install City Provided Nema 3 Cabinet 17 EA 400. 00 56, 800. 0 18 7, 200. 0 5400. 0 6 Supply Cabinet Cooling Fan 17 EA 500. 00 58,00. 0 21 10, 500. 00 2, 000. 7 Supply & Install Breaker 17 EA 175. 00 2, 975. 00 21 53, 675. 00 700. 00 8 Supply & Install Receptacle 17 EA 250. 00 4, 250. 0 21 5, 250. 0 1, 000. 9 Ground Bus Bar 17 EA 250. 00 4, 250. 0 21 5, 250. 0 51, 000. 10 Supply & Install Ground Rod 8' 17 EA 250. 00 4, 250. 0 17 54, 250. 0 0.0 11 2" Conduit Run from Tesco to Box 150 LF 210. 00 531,00. 0 160 533, 600. 0 2, 100. 0 12 3" Conduit Run from Box to Controller 150 LF 275. 00 41, 250. 0 160 544, 000. 2, 750. 0 13 Supply and Intrall 120V 10 THWN 100 LF 30. 00 3, 000. 1040 531, 200. 0 528, 200. 0 14 Irrigation Control Codification 1 LS 3, 800. 0 3, 800. 0 1 53, 800. 0 0.0 Subtotal 159, 575. 00 Subtotal 197, 725. 00 38, 150. 0
Contract Change Orders
CCO 1 Mics. Work LS 1 5120, 000. 1 120, 00. 120, 00.
CCO 2 Mics. Work LS 1 16,06. 04 1 16,06. 04 16,06. 04
Subtotal Subtotal 136,06. 04
Subtotal CCO + Ovarage on Contract Unit Prices ($ 38, 150 + $136,06. 04) $ 174, 256. 04 TOTAL ($ 159, 575 + $174, 256. 04) $ 333, 81. 04
SUMMARY
Original Contract Price
Approved Contract
Contract Change at Unit Price
Contract Change Orders
Subtotal for extra work
Approved Contingency
Approved Supplemental Contingency
Approve° c. onungency TOr Project
Total Approved Contingency
Total amount owed to contractor ($ 159, 579 +$174, 256. 04) Current Approved Budget ($ 135, 825+$ 140, 374)
Supplemental Budget
Current Budget including Supplemental
159, 575. 00
135, 825. 00
38, 150. 0
136,06. 04
174, 256. 04
20, 374. 00
120, 000.
1r4,Sb. U4
140, 374. 00
333, 81. 04
276, 199. 00
52, 216. 52
5278, 415. 52
Remaining Balance Owed to Contractor 555, 415. 52 !
Acceptance by Contractor:
1 have examined the quantities of contract items and amounts indicated as payment for extra work and deductions on the proposed final estimate. I agree to accept the total of 333. 81. 04 as Indicated, as total amount earned for all work performed on the above contract, except as may be indicated below.
Exceptions (check one)
None
As Indicated on the attached letter dated:
RECOMMENDED: 4PQ*,), DYN
APPROVED:
Pacific Excavation, Inc.
Cor P-O0
j ' 2_4
oQ to -S- 2°. L\
Ken Reed, Construction Manager Date
0// 2024/
rarTayl• PE., City Engineer Date