ITEM 4. 14
CITY MANAGER' SREPORT
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
ITEM: AWARD CONSTRUCTION CONTRACT TO ARROW
DRILLERS INC. FOR CONSTRUCTION OF GOLDEN
VALLEY PARKWAY AND SADLER OAK DRIVE FIBER
OPTIC EXTENSION, CIP GG 22- 03 AND APPROVE
BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Award a Construction Contract to Arrow Drillers Inc. for Construction of Golden Valley
Parkway and Sadler Oak Drive Fiber Optic Extension
CIP GG 22- 03 and Approve Budget Amendment
SUMMARY:
On June 14, 2021, City Council approved the creation of Capital Improvement Project CIP) GG 22- 03 Citywide Fiber Optic Improvements to connect City Hall and the Corporation Yard to existing and future City Facilities via fiber optic lines installed in new and existing conduit runs. The next phase of this project is the connection of Golden Valley Pkwy from Towne Centre Drive to Sadler Oak Drive ( Project). The scope of work consists of the procurement and installation of new fiber optic pull boxes along Golden Valley Pkwy extending from Towne Centre Drive to Lathrop Road including Directional boring and conduit installation from Mossdale Pump Station ( M3) across Golden Valley Pkwy to the median and across Brookhurst Blvd.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on January 30, 2025, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC)
2. 36. 060. The City Clerk received and opened six ( 6) bids on February 20, 2025.
After review and evaluation, staff determined the lowest bidder did not provide a complete bid package; therefore, the bid was deemed not responsive. The next responsive and responsible bidder was Arrow Drillers Inc. dba Arrow Construction with a bid of $ 123, 800.
Staff requests City Council award a construction contract to Arrow Construction for construction of the Project in the amount of $ 123, 800 and authorize a 20% construction contingency of $ 24, 760 for a total cost not to exceed $ 148, 560.
CIP GG 22- 03 has a current balance of $ 90, 700 therefore, staff is also requesting Council approve a budget amendment transferring $ 57, 860 from the Measure C fund to the CIP Project Fund ( 3010) to fund the construction contract and a 20% contingency. Contingent on approval by the Measure C Committee.
CITY MANAGER' S REPORT PAGE 2
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ARROW DRILLERS INC. FOR
CONSTRUCTION OF GOLDEN VALLEY PARKWAY AND SADLER OAK DRIVE FIBER OPTIC EXTENSION, CIP GG 22- 03 AND APPROVE BUDGET AMENDMENT BACKGROUND:
Staff identified the need to expand its network capabilities to be able to accommodate existing and new facilities such as police and fire stations, pump stations, wells, security cameras and traffic signals that are essential to the daily management of City businesses, resources and security. The expansion of fiber optic network will allow City staff to remotely communicate and monitor these facilities and will provide compliance with the Department of Homeland Security requirements. The bid solicitation package with plans and specifications for the construction of the Project was advertised on January 30, 2025, in accordance with Bidding Procedures in California PCC 22160 and LMC 2. 36. 060.
Six ( 6) bids were received; The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Contractor Base Bid
Golden State Utility Co. 82, 368
Arrow Drillers Inc. 123, 800
Lawrence Backhoe Service Inc. 126, 21
Lasar Electric, Inc. 141, 660
Tim Paxin' s Pacific Excavation Inc. 159, 246
Bear Electrical Solutions LLC 198, 340
Staff reviewed and evaluated the bids and determined that the lowest bidder did not provide a complete bid package; therefore, the bid was deemed not responsive. The next responsive and responsible bidder was Arrow Construction. Staff requests City Council adopt a resolution awarding a construction contract to Arrow Construction for 123, 800.
Staff also requests City Council authorize a 20% contingency of $ 24, 760 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 148, 560.
REASON FOR RECOMMENDATION:
Construction of the Project will allow for new City Facilities and Traffic signals to be connected to the City' s network and will establish compliance with the Department of Homeland Security.
FISCAL IMPACT:
Staff requests City Council approve a budget amendment transferring $ 57, 860 from Measure C Funds ( 1060) to the General CIP fund ( 3010) as follows:
CITY MANAGER' S REPORT PAGE 3
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ARROW DRILLERS INC. FOR
CONSTRUCTION OF GOLDEN VALLEY PARKWAY AND SADLER OAK DRIVE FIBER OPTIC EXTENSION, CIP GG 22- 03 AND APPROVE BUDGET AMENDMENT Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 22- 03
Increase Appropriation
3010- 8000- 420- 100 GG 22- 03
57, 860
57, 860
57, 860
CITY MANAGER' SREPORT PAGE 4
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ARROW DRILLERS INC. FOR
CONSTRUCTION OF GOLDEN VALLEY PARKWAY AND SADLER OAK DRIVE FIBER OPTIC EXTENSION, CIP GG 22- 03 AND APPROVE BUDGET AMENDMENT ATTACHMENTS:
A. Resolution to Award a Construction Contract to Arrow Drillers Inc. for Construction of Golden Valley Parkway and Sadler Oak Drive Fiber Optic Extension, CIP GG 22- 03 and Approve Budget Amendment
B. Construction Contract with Arrow Drillers Inc. for Construction of Golden Valley Parkway and Sadler Oak Drive Fiber Optic Extension, CIP GG 22- 03 CITY MANAGER' S REPORT PAGE 5
MARCH 10, 2025 CITY COUNCIL REGULAR MEETING
AWARD CONSTRUCTION CONTRACT TO ARROW DRILLERS INC. FOR
CONSTRUCTION OF GOLDEN VALLEY PARKWAY AND SADLER OAK DRIVE FIBER OPTIC EXTENSION, CIP GG 22- 03 AND APPROVE BUDGET AMENDMENT APPROVALS:
3 / T ( Za LJ
Carlos Carrillo Date
Management Analyst
nandes Date
rector of Information Systems
Brad
City
Taylor
ngineer
Cari Ja e
Director • Finance
Date
3 /3Ao- z-5
Adda2- 5
Date
S • 3 • 2025'
Michael King Date
Assistant City Manag
3• Zpt S'
Salvador Navarrete Date
City Attorney
3.5. 25
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO AWARD A CONSTRUCTION CONTRACT TO ARROW DRILLERS INC. FOR
CONSTRUCTION OF GOLDEN VALLEY PARKWAY AND SADLER OAK DRIVE FIBER OPTIC EXTENSION, CIP GG 22- 03 AND APPROVE BUDGET
AMENDMENT
WHEREAS, on June 14, 2021, City Council approved the creation of Capital Improvement Project ( CIP) GG 22- 03 Citywide Fiber Optic Improvements Golden Valley Parkway and Sadler Oak Drive Fiber Optic Extension to connect City Hall and the Corporation Yard to existing and future City Facilities via fiber optic lines installed in new and existing conduit runs; and
WHEREAS, the scope of work consists of the procurement and installation of new fiber optic pull boxes along Golden Valley Pkwy extending from Towne Centre Dive to Sadler Oak Drive including Directional boring and conduit installation from Mossdale Pump Station ( M3) across Golden Valley Pkwy to the median and across Brookhurst Blvd ( Project); and
WHEREAS, a bid solicitation package with plans and specifications for the construction of the Project was advertised on January 30, 2025, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 22160 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, six ( 6) bids were received and opened on February 20, 2025; and WHEREAS, after review and evaluation staff determined that, the lowest bidder did not provide a complete bid package; therefore, the bid was deemed not responsive; and
WHEREAS, the next responsive and responsible bidder was Arrow Drillers Inc. dba Arrow Construction with a bid of $ 123, 800; and
WHEREAS, staff requests City Council adopt a resolution to award a construction contract to Arrow Construction for construction of the Project in the amount of $ 123, 800; and
WHEREAS, staff also requests City Council authorize a 20% contingency of 24, 760 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 148, 560; and WHEREAS, CIP GG 22- 03 has a current balance of $ 90, 700 therefore, staff is also requesting Council approve a budget amendment transferring $ 57, 860 from the Measure C fund ( 1060) to the CIP Project Fund ( 3010) to fund the construction contract and a 20% contingency, contingent on approval by the Measure C Committee; and
WHEREAS, staff requests City Council approve a budget amendment transferring $ 57, 860 from Measure C Funds ( 1060) to the General CIP fund ( 3010) as follows:
Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 22- 03
Increase Appropriation
3010- 8000- 420- 10 GG 22- 03
57, 860
57, 860
57, 860
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Arrow Construction for construction of CIP GG 22- 03 Golden Valley Pkwy and Sadler Oak Drive Fiber Optic Extension for a cost of $ 123, 800; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a 20% contingency of $ 24, 760 for a total cost not to exceed 148, 560 and authorizes staff to spend up to this amount as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop approves a budget amendment transferring $ 57, 860 from Measure C Funds ( 1060) to the General CIP fund ( 3010) as shown above, contingent on approval from the Measure C Committee.
The foregoing resolution was passed and adopted this 10th day of March 2025, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney ATTAL' a:o
CONSTRUCTION CONTRACT
H
This Contract, dated March 10, 2025 is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Arrow Drillers 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 Golden Valley Pkwy and Sadler Oak Rd Fiber Optic Extension CIP GG 22- 03 (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 excavating, trenching, backfilling, potholing and/ or directional boring and procurement and installation of conduit, tracer wire, mule tape and fiber optic cable pull boxes on Golden Valley Pkwy between Town Centre Dr. and Sadler Oak Dr.; and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 90 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: $ One hundred twenty three thousand eight hundred 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, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by Arrow Drillers Inc. on February 20, 2025. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the 00500- 1
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' sPublic Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s
personal property or the personal property of any
person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements effecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' 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 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 00500- 2
continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' s
proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' s
performance of Work, the Contractor shall request the CITY' sconsent to 00500- 3
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' s
obligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' sobligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours 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.
00500- 4
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. 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 ( 1 0) 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.
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. fJ In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty ofOne- 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.
00500- 5
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. 1A.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability to perform under the Contract;
00500- 6
10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City:
Copy to:
City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
00500- 7
PHONE: (209) 941- 7363
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person
having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8)
9)
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.
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. 00500- 8
10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 00500- 9
19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
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.
00500- 1
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:
Brad Taylor, City Engineer
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
00500- 11
Bond No:
Premium:
Contract No:
PERFORMANCE BOND
WHEREAS, the City Council of the City of Lathrop, State of California, and Principal"), have entered into a Contract whereby principal agrees to install and complete certain designated public improvements. The Contract, dated , 20 , and identified as GOLDEN VALLEY PKWY AND SADLER OAK RD FIBER OPTIC EXTENSION, CIP GG 22- 03, is hereby referred to and made a part hereof; and WHEREAS, the principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the principal and ,
as surety, are held and firmly bound unto the City of Lathrop (" City"), in the sum of dollars ($ ) lawful money of the United States,
for the payment of which we bind ourselves, our heirs, successors, executors and administrators, jointly and severally.
The condition of this obligation is such that if the above principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney' sfees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, 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 obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.
00610- 1
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20 .
ADDRESS OF Contractor:
ADDRESS OF SURETY:
END OF SECTION)
00610- 2
Bond No:
Premium:
Contract No:
PAYMENT ( LABOR AND MATERIALS) BOND
WHEREAS, the City Council of the City of Lathrop, State of California, and Principal"), have entered into an Contract whereby principal agrees to install and complete certain designated public improvements. The Contract, dated 20_, and identified as GOLDEN VALLEY PKWY AND
SADLER OAK FIBER OPTIC EXTENSION, CIP GG 22- 03 is hereby referred to and made a part hereof; and
WHEREAS, under the terms of the Contract, principal is required before entering upon the performance of the work to file a good and sufficient payment with the City of Lathrop to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, the principal and the undersigned as corporate surety, are held firmly bound unto the City of Lathrop and all Contractors, subcontractors, laborers, material, men and other persons employed in the performance of the Contract and referred to in the above - mentioned Code of Civil Procedure in the sum of
dollars ($ ), for
materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the surety will pay the same in an amount not exceeding the amount set forth above, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' sfees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Should the conditions of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alternation or addition to the terms of said Contract or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.
00620- 1
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20 .
ADDRESS OF PRINCIPAL:
ADDRESS OF SURETY:
END OF SECTION)
00620- 2
WORKER' SCOMPENSATION CERTIFICATION
AS REQUIRED BY SECTION 1861
OF THE CALIFORNIA LABOR CODE)
I am aware of the provision of Section 3700 of the Labor Code which require every employer to be insured against liability for worker' s
compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Contract.
Contractor:
By:
Title:
END OF SECTION)
00660- 1
WARRANTY BOND ACKNOWLEDGMENT
TO the City of Lathrop
The undersigned guarantees the construction and installation of the work included in this project.
A Warranty Bond similar to the provided Warranty Bond Form on the following page is required to be submitted prior to project acceptance by the City. The Warranty Bond shall be ten percent 10%) of the final contract amount. The Bond will be effective for one ( 1) year, beginning with the date of project acceptance.
If any of the work is defective, due to faulty workmanship, materials furnished or methods of installation, or if the work or any part of it fails to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within one year after the date on which this contract is accepted by the City after relief from maintenance, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring the project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the City, to replace any such material and to repair the work completely without cost to the City so that the work will function successfully as originally contemplated.
The City shall have the unqualified option to make any needed replacements or repairs done by the undersigned. If the City elects to have the work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned fails or refuses to comply with his obligations under this warranty, the City shall be entitled to all costs and expenses, including attorney' sfees.
Signature of Bidder Date
Bond No:
Premium:
00670- 1
Contract No:
WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS, that
WHEREAS, the City Council of the City of Lathrop, State of California, and Principal"), have entered into an Contract whereby principal agrees to install and complete certain designated public improvements. The Contract, dated , 20 , and identified as GOLDEN VALLEY PKWY AND SADLER OAK RD FIBER OPTIC EXTENSION, CIP GG 22- 03 is hereby referred to and made a part hereof; 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 [$ 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
as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) 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' sobligations 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 City with thirty (30) days' written notice of Principal' s default prior to Surety terminating, suspending or revoking the bond.
00670- 2
The Surety hereby stipulates and agrees that no change, extension of time, 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 , 20_, 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.
Principal)
By
Signature
Print Name and Title
Note:
To be signed by Principal
and Surety and acknowledgment
and notarial seal attached.
Surety)
Address
By
Signature
Print Name and Title
END OF SECTION
00670- 3
PAGE LEFT
INTENTIONALLY
BLANK