ITEM 4. 23
CITY MANAGER' S REPORT
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
ITEM: CREATE CIP PK 25- 13 SANGALANG PARK SHADE
SHELTER, AWARD CONSTRUCTION CONTRACT TO
B&M BUILDERS, INC. AND APPROVE BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution to Create CIP PK 25- 13 Sangalang Park Shade Shelter, Award Construction Contract to
B&M Builders, Inc. and Approve Budget Amendment
SUMMARY:
City staff received requests from residents to construct a shade shelter, amenities and concrete access paths at Sangalang Park ( Project) to provide a second shaded venue at this park.
The plans and specifications for the construction of the Project were informally advertised for bid on September 18, 2024 pursuant to California Public Contract Code PCC) 22034 and Lathrop Municipal Code ( LMC) 3.0. Public Works received and opened two ( 2) bids for the construction of the Project on October 3, 2024. One bid was subsequently withdrawn. Based on the review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be B&M Builders, Inc. (B&M) with a base bid of $ 192,40.
Staff requests City Council award a construction contract to B&M for the construction of the Project in the amount of $ 192,40. Staff also requests City Council authorize a 15% contingency of $ 28, 820 for a total cost not to exceed $ 220, 960and authorize staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project.
Staff will need to order the shelter and other amenities for an estimated cost of 81, 300 as detailed in the Background Section of this Report. A budget amendment of $ 303, 000 is requested as detailed in the Fiscal Impact Section of this Report to have sufficient funds to pay for the Project' sconstruction contract and contingency and purchase the shade structure and amenities.
BACKGROUND:
Sangalang Park is a neighborhood park in Stonebridge. This park provides numerous recreational opportunities and furnished public gathering areas at the north end of the park near the splash pad and playground. City staff received requests from residents to construct a second shade shelter near the south end of the park to provide another shaded venue for public gatherings. The proposed location of the shelter is immediately west of the tennis courts. This location will provide a covered CITY MANAGER' SREPORT PAGE 2
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 25- 13 SANGALANG PARK SHADE SHELTER, AWARD CONSTRUCTION CONTRACT TO B&M BUILDERS, INC. AND APPROVE BUDGET
AMENDMENT
location from which tennis matches could be viewed, and the surrounding grass provides a suitable venue for larger gatherings and other activities.
The Project' sscope of work includes the construction of a concrete slab for the shelter, concrete walkways, modifications to a drain inlet and extension of a water line. The construction contract will also require the installation and assembly of the following City -furnished items: 30' diameter octagonal shade structure similar to the existing one at the north end of the park, four table & bench sets, a BBQ and hot coal bin, trash receptacle and drinking fountain.
Staff prepared the plans and specifications for the Project, and released them for bid solicitation on September 18, 2024 pursuant to CA PCC 22034 and LMC 3.0. Two 2) bids were received and opened by staff on October 3, 2024, both determined to be responsive and from responsible bidders.
Staff reviewed and evaluated the bids and determined that the responsible bidder with the lowest responsive bid is B&M, with a bid of $ 192,40. Staff requests City Council adopt a resolution awarding a contract to B&M for $ 192,40 for the construction of the Project.
Staff also requests City Council authorize a 15% contingency of $ 28, 820 and authorize staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 220, 960.
Staff further requests City Council approve funding for the purchase of the shade shelter and other items as summarized in Table 1, below:
Table 1: Summary of Estimated Costs for Materials
Item Cost
Shade Structure 60, 000
4) Tables / benches / trash receptacle 28, 000
Drinking Fountain 5, 300
BBQ and hot coal bin 3, 000
Total 96, 300
The items listed above will be procured in compliance with Lathrop Municipal Code
2. 36. 110. The costs above are estimated costs based on previous purchases because not all quotes for these items have been received.
REASON FOR RECOMMENDATION:
The proposed improvements will add a covered facility for public gatherings to the park in an open location conducive to many activities.
CITY MANAGER' SREPORT PAGE 3
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE CIP PK 25- 13 SANGALANG PARK SHADE SHELTER, AWARD CONSTRUCTION CONTRACT TO B&M BUILDERS, INC. AND APPROVE BUDGET
AMENDMENT
FISCAL IMPACT:
The proposed construction contract with B&M is for $ 192,40. A 15% construction contingency is requested in the amount of $ 28, 820. $96, 300 is also needed for the purchase of the shade shelter and amenities as described above.
The estimated total project cost for which the budget amendment is requested is 317, 260.
Sufficient funds were not allocated in the approved Fiscal Year ( FY) 2024/5budget to CIP PK 25- 13 to award the construction contract, fund the contingency and purchase the Project materials; therefore, a budget amendment of $ 303, 000 from the Measure C Fund ( 1060) to the CIP Project Fund ( 3010) is requested as detailed below:
Increase Transfer Out
1060- 99- 00- 990-- 1 $ 318, 000
Increase Transfer In
3010- 99- 00- 393- 00 PK 25- 13 $ 318, 000
Increase Expenditures
3010- 8- 00- 420- 12- 00- PK 25- 13 $ 318, 000
The budget transfer of $318, 000 from the Measure C Fund ( 1060) is contingent upon the Measure C oversight committee finding that the proposed expenses are in compliance with appropriate use of Measure C funds.
ATTACHMENTS:
A. Resolution to Create CIP PK 25- 13 Sangalang Park Shade Shelter, Award Construction Contract to B&M Builders, Inc. and Approve Budget Amendment B. Construction Contract with B&M Builders, Inc. for CIP PK 25- 13, Sangalang Park Shade Shelter
CITY MANAGER' SREPORT PAGE 4
OCTOBER 14, 2024 CITY COUNCIL REGULAR MEETING
CREATE SANGALANG PARK SHADE SHELTER, CAPITAL IMPROVEMENT PROJECT PK 25- 13, AWARD CONSTRUCTION CONTRACT TO
B&M
BUILDERS, INC. AND APPROVE BUDGET AMENDMENT
APPROVALS:
4/ cee‘. 4 0.3. 24
Steven Hollenbeak Date
Assistant Engineer
Brad 1Aylor
City Engineer
Date
l o % - ID 7.
Cari James Date
Director of Finance
Michael King
Assistant City Manager
Salvador Navarrete
City Attorney
lo• 8. Lc, Vj
Date
Date 2--
let• • Z44-
Ste 11en J. Salvatore Date
City Manager
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE CIP PK 25- 13, SANGALANG PARK SHADE SHELTER, AWARD CONSTRUCTION CONTRACT TO B&M BUILDERS, INC. AND APPROVE BUDGET AMENDMENT WHEREAS, Sangalang Park is a neighborhood park in Stonebridge, which provides numerous recreation opportunities; and
WHEREAS, City staff received requests from residents to construct a shade shelter, concrete pathways and other amenities ( Project) to provide a covered venue; and
WHEREAS, on September 18, 2024, the City solicited bids for the construction of the Project pursuant to informal bidding procedures in Public Contract Code 22034 and Lathrop Municipal Code 3.0; and
WHEREAS, a total of two ( 2) bids were received and opened by staff on October 3, 2024, and one of the bids was subsequently withdrawn by the bidder; and WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be B&M Builders, Inc. (B&M) with a bid of $ 192,40; and
WHEREAS, staff requests City Council approve the creation of Sangalang Park Shade Shelter, Capital Improvement Project ( CIP) PK 25- 13; and WHEREAS, staff requests City Council award a construction contract to B&M in the amount of $ 192,40for the construction of the Project; and WHEREAS, staff requests City Council authorize a 15% contingency in the amount of $28, 820, for a total cost of $ 220, 960and authorize staff to spend the up to the amount of the contingency as necessary to achieve the goals of the Project; and
WHEREAS, staff will order the shelter and other amenities for an estimated cost of $96, 300; and
WHEREAS, sufficient funds were not allocated to CIP PK 25- 13 in the approved Fiscal Year 2024/5 budget for the construction of the Project, construction contingency and the purchase of the shade structure, tables and other amenities, staff also requests City Council approve a budget amendment transferring $ 318, 000 from the Measure C Fund ( 1060) to the Project CIP fund ( 3310) as detailed below and contingent on the approval of the Measure C Oversight Citizens' Committee:
Increase Transfer Out
1060- 99- 00- 990-- 1 $ 318, 000
Increase Transfer In
3010- 99- 00- 393- 00 PK 25- 13 $ 318, 000
Increase Expenditures
3010- 8- 00- 420- 12- 00 PK 25- 13 $ 318, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves the creation of Sangalang Park Shade Shelter, CIP PK 25- 13; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby awards a contract to Deol Construction for the construction of Sangalang Park Shade Shelter, CIP PK 25- 13 for $ 192,40; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% contingency of $ 28, 820, for a total cost of $ 220, 960 and authorizes staff to spend up to the amount of the contingency as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment of $ 318, 000 to fund the construction contract, contingency and materials purchases as detailed above.
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:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT
CONTRACT
This Contract, dated October 14, 2024 is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and B&M Builders, 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 SANGALANG PARK SHADE SHELTER, CIP PK 25- 13 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to construction of a concrete slab, pier footings and concrete flat work, installation of City - furnished shade shelter, drinking fountain and other outdoor amenities, extension of a water line and adjustments to landscaping and drainage facilities, and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 60 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: $ 192,40 (One Hundred Ninety Two Thousand One Hundred Forty Dollars)
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 Deol Construction Company, Inc. on October 3, 2024. For the SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
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 ofContractor, or which results from Contractor' s noncompliance
with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' 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 SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency 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 SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 Contractor' sproposal 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 of Work, 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. 4 and 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' s obligations under
the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), 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 SECTION 00500
SANGALANG PARK SHADE SHELTER, C1P PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1)A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the 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. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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 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' sobligation 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' s
warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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)
8)
9)
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;
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 SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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.
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
PHONE: (209) 941- 7363
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor: B&MBuilders, Inc.
Phone: ( 916) 638- 8626
ATTN: Patrick Mullen
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.
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT 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.
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.
Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other 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 SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' 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 USC 1368), 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 SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' 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 Council' sapproval with resolution.
SECTION 00500
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION CONSTRUCTION CONTRACT IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
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
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
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: SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location of the proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he will contract with the City ofLathrop, in the form of the Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and finnish 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/ orFederal, 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
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
BID SCHEDULE
BID
ITEM
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
1 Grubbing, Offhaul, Transportation and
Disposal of Turf and Soil Excess
1 LS 1250D 121 , 5- 00
2 Grade and Compact Soil for PCC Slabs 910 SF 0 9100
3 Construct PCC Slab for Shade Shelter
@ 6" Deep Per Project Plans &
Specifications
830 SF 25. 20t15- 0
4 Construct Pier Footings for Shade
Shelter Slab Per Project Plans &
Specifications
8 EA 5000 4, 0. 000
5 Install 3/ 4" PVC Water Line to Drinking
Fountain
250 LF 50 12S0D
6 Install City -Furnished Modular
Octagonal Shade Shelter
1 LS 311Sb 31. 15- o
Irrigation Relocation and Landscape
Repairs
1 LS TOD TO 0
8 Assemble / Install City -Furnished
Outdoor Table / Bench Assembly
4 EA 1150 11. 000
9 Install City -Furnished Drinking
Fountain Per Project Plans &
Specifications
I EA MowMow MOOD 000
10 Raise Storm Drain Inlet to Grade and
Modify Cover to Meet ADA Standards
1 LS 11000 4. 00D
00300- 2
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
11 Place Concrete Walkways Per Project
Plans & Specifications
1020 SF 20 LAD
12 Place Concrete Steps Per Project Plans
Specifications
17 EA LID) 7 1 !• 1
13 Install City -Furnished BBQ and Hot
Coal Bin per Manufacturer' sDirections
1 LS 7S1) 11
14 Install City -Furnished Trash Can 1 LS 17Sb 750
TOTAL BID: $ 1 92, 14D
TOTAL BID IN WORDS: DAQ, amAtittal i•) iktlyT6401- 110040414 Or1C giAAAiftel FOt 1) elj• rS
00300- 3
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
INFORMATION REOUIRED OF BIDDER
The Bidder ( Contractor) shall furnish the following information. This information is considered essential in enabling the Project Manager to determine if the 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' s name and address:
B&M Builders, Inc.
11330 Sunrise Park Dr. Ste C, Rancho Cordova, CA 95742
2) Bidder' soffice telephone number: (916) 638- 8626
3) Bidder' s email address: Pmullen@bm- builders. com
4) Bidder' sContractor' s License # / Expiration Date / Classification:
861848 / 7- 31- 2025 / A, B, C8, C10, C12, C20, C27, C31, C53, C54 Bidder' s DIR Registration # / Expiration:
1000003277 / 6- 30- 226
6) Person who inspected site of proposed work for Contractor' sfirm:
Name: N/ A Date of Inspection: N/ A
7) List 4 projects of a nature similar to this project:
5)
Project Contract
Price
Name, Address and
Telephone Number of Owner
2024 ADA Upgrade Project 96,05. 67 City of South Lake Tahoe - 1740 D St.
South Lake Tahoe, CA 96150 - ( 530) 542- 6033
Douglas Boulevard Median
Modification Project
341, 272. 30 County of Placer - 3091 County Center Dr
Auburn, CA 95603 - ( 530) 745-522
Markham School Pedestrian
Improvements Project
178, 408. 10 City of Vacaville - 650 Merchant St Vacaville, CA 95688 - ( 707) 449- 5317
O' Neil Park Restroom
Replacement
177, 290. 0
City of Sacramento Youth, Parks & Community
Enrichment - 915 I St, 3rd Floor Sacramento, CA 95814 - 916) 380- 8813
00300- 4
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
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 of work to be performed with the words " and/ or" will not be permitted.
Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing " Not Applicable" in the list below.
Subcontractor
License Percent of
Work to be Performed Number Total Contract Subcontractor' sName & Address Creative Builders - P. O. Box
1. Shade Structure Installation 808069 28. 758% 1568, Shaffer, CA 93263
2. 3.
4. 5.
6. Note: Attach additional sheets ifrequired.
00300- 5
Seal)
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
ADDENDA
Bidder acknowledges receipt of the following addendum ( addenda):
Respectfully submitted,
10- 3- 2024 B&M Builders, Inc.
Dated Legal Name of Firm
ature of Authorized Representative
IfBidder is a corporation, show State in which incorporated.) California
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.
Patrick Mullen - President, Secretary, Treasurer, Manager - 11330 Sunrise Park Dr. Ste C. Rancho Cordova CA 95742 Jonathan Brown - CEO - 11330 Sunrise Park Dr. Ste C, Rancho Cordova, CA 95742 Austin O' Connell - Vice President - 11330 Sunrise Park Dr. Ste C, Rancho Cordova, CA 95742 00300- 6
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE B & M Builders, Inc.
as PRINCIPAL, and Travelers Casualty and Surety Company of America 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 of which sum in lawful money ofthe United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ 1O% of Total Amount Bid
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: SANGALANG PARK SHADE SHELTER, CIP PK 25- 13.
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
00300- 7
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 2nd day of October , 20 24
B & M Builders, Inc.
Patrick fviuilen, Pres
Address: 11330 unrise Park Drive, Suite C,
Travelers Casualty and Surety Company of America
Seal) ( Seal)
Seal)
Ryan Tash, Attorney - in -Fact
Address: ONE TOWER SQUARE
Rancho Cordova, CA 95742 HARTFORD, CT 06183
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 8
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 Califomia
County of Sacramento
On 0101,/ --of before me, Traci E. Nakagaki, Notary Public insert name and title of the officer)
personally appeared Patrick Mullen
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) 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)
TRACI E. NAKAGAKI I
Y
COMM. #2383122 z
a Notary Public • California T.)
Sacramento County ..
MIComm. Padres Nov. 1512025/
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
CUPCCAA INFORMAL BID SOLICITATION BID PROPOSAL FORMS
NONCOLLUSION AFFIDAVIT
STATE OF
COUNTY OF
Patrick Mullen
SS.
being first duly sworn, deposes and says that he or she is President B & M Builders, Inc.
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 ofthe bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Si of: President, Secretary,
SEE ATTACHED NOTARY JURAT* anager, Project Manager or Representative Patrick Mullen, President
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- 9
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 before me,
Traci E. Nakagaki, Notary Public
insert name and title of the officer)
personally appeared Ryan Tash
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) 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)
TRACI E. NAKAGAKI
a ; ^ COMM. 02383122 z
z ; j NobuyB m
is California c
Comm. .: nr,,, , 2025
TRAVELERS.„
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut ( herein collectively called the " Companies"), and that the Companies do hereby make, constitute and appoint Ryan Tash of RANCHO CORDOVA , California , their true and lawful Attorney( s)- in- Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.
State of Connecticut
By:
City of Hartford ss. Robert L. Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
Anna P. Nowik, Notary Public
This Power of Attomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys - in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company' s
name and seal with the Company' s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when ( a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company' sseal by a Secretary or Assistant Secretary; or ( b) duly executed ( under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys - in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 2nd day of October , 2024 .
Kevin Hughes, Assistant retary
To verify the authenticity ofthls Power ofAttorney, please call us at 1- 800- 421- 3880.
Please referto the above -named Attorney( s)- In- Fact and the details ofthe bond to which this Power ofAttorney is attached.
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
Subscribed and sworn to ( or affirmed) before me on this 2nd day of October , 20 24 , by Patrick Mullen
proved to me on the basis of satisfactory evidence to be the person( s) who appeared before me.
at
a
TRACI E. NAKAGAKI
COMM. # 2383122 z
Notary Public • California u Sacramento County
MxConon. Epirea Nov. 1520_25
Seal) Signature
SECTION 00300
SANGALANG PARK SHADE SHELTER, CIP PK 25- 13
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 of perjury, 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 X
If the answer is yes, explain the circumstances in the following space.
PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because 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)
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