ITEM 4. 16
CITY MANAGER' S REPORT
SEPTEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A CONSTRUCTION CONTRACT WITH
MOZINGO CONSTRUCTION, INC. FOR CIP WW 25-3
MCKINLEY AVENUE FORCE MAIN INTERTIE AND
APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve a Construction Contract with Mozingo Construction, Inc. for CIP WW 25-3
McKinley Avenue Force Main Intertie and Approve
Budget Amendment
SUMMARY:
Black Water Consulting Engineers ( Black Water) has completed the plans and specifications for construction of an intertie between the Manteca Wastewater Quality Control Facility ( MWQCF) and the Lathrop Consolidated Treatment Facility ( LCTF) associated with the McKinley Avenue Force Main Intertie Capital Improvement Project CIP) WW 25-3 (Project). The Project was formally advertised on August 14, 2025, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code ( LMC) 2. 36. 060. Based on the review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be Mozingo Construction, Inc. ( Mozingo) with a base bid of 3, 758,11.
Staff request City Council approve a construction contract with Mozingo for the construction of the Project in the amount of $ 3, 758,11. Staff also request City Council authorize a 15% construction contingency of $ 563, 807 for a total construction budget not to exceed $ 4, 322, 518 and authorize staff to spend the contingency as necessary to achieve the goals of the Project.
Sufficient funds were not allocated in the adopted Fiscal Year 2025-6 budget to approve the construction contract; therefore, a budget amendment of $4, 322, 518 is requested to have sufficient funds to complete the Project.
BACKGROUND:
The City currently treats wastewater at two facilities. The MWQCF serves areas located primarily east of Interstate 5, excluding the Crossroads, Gateway, and South Lathrop developments. The LCTF serves the Crossroads, Gateway, South Lathrop, and all areas west of Interstate 5. To improve overall system reliability, expand operational flexibility, and enhance treatment efficiency, staff has identified the construction of an intertie between the two facilities as a critical capital improvement.
The planned Project will connect to the existing sanitary sewer force main located at Vierra Road and McKinley Avenue and will then extend west along Vierra Road and D' Arcy Parkway to the LCTF.
CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH MOZINGO CONSTRUCTION, INC. FOR CIP WW 25-3 MCKINLEY AVENUE FORCE MAIN INTERTIE AND
APPROVE BUDGET AMENDMENT
On March 6, 2025, the City issued a Request for Proposals for consulting engineering services for the Project. Black Water submitted a qualified proposal and, on April 14, 2025, the City Council awarded a $ 771, 001 Professional Services Agreement to Black Water for feasibility assessment, preparation of a basis -of -design report, detailed design, permitting, and bidding support. At the same meeting, Council created CIP WW 25-3 and authorized the transfer of $ 925, 200from the Wastewater Connection Fee Fund ( 6030) to initiate the Project. On August 11, 2025, City Council ratified the City Manager' s execution of an amendment to the PSA with Black Water, increasing the contract amount to $ 919, 053to accelerate completion of the project.
Black Water has completed the design of the plans and prepared the technical specifications for the Project. The Project scope of work includes but is not limited to the installation of approximately 3, 700 linear feet of 16 -inch PVC force main, 1, 270 linear feet of 6 -inch PVC, and 1, 000 linear feet of 3 -inch PVC force mains. The Project also requires a 330 -foot jack -and - bore crossing beneath existing railroad infrastructure, modifications to existing pump stations, and the installation of air release valves, flushing stations, electrical conduit with pull boxes, and cathodic protection systems. Because of the complexity of construction and the potential for unforeseen conditions that may require additional repairs and modifications after execution of the construction contract, staff is requesting authorization of a 15% construction contingency.
The bid solicitation package with plans and specifications for the construction of the Project was advertised on August 14, 2025, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 20166 and Lathrop Municipal Code ( LMC)
2. 36. 060. Four ( 4) bids were received and opened by the City Clerk on September 2, 2025; each determined to be responsive and responsible. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
CIP WW 25-3 McKinley Avenue Force Main Intertie
Contractor Base Bid
Mozingo Construction, Inc. 3, 758,11
D. A. Wood General Construction, Inc. 3, 940, 795
Mountain Cascade, Inc. 4, 022, 450
Preston Pipelines Infrastructure, LLC 4, 155, 400
Staff reviewed and evaluated the bids and determined that the lowest responsible bidder is Mozingo, with a base bid of $3, 758,11. Staff request City Council adopt a resolution approving a construction contract with Mozingo for $ 3, 758,11 for the construction of the Project.
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH MOZINGO CONSTRUCTION, INC. FOR CIP WW 25-3 MCKINLEY AVENUE FORCE MAIN INTERTIE AND
APPROVE BUDGET AMENDMENT
Staff also request City Council authorize a 15% construction contingency of $ 563, 807 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 4, 322, 518.
Staff further request City Council approve a budget amendment as detailed in the Fiscal Impact section of this report.
REASON FOR RECOMMENDATION:
Completion of CIP WW 25-3 is necessary to improve redundancy and system resilience in the City' swastewater system and to strengthen operational efficiency between the two treatment facilities.
FISCAL IMPACT:
The proposed construction contract with Mozingo is for $ 3, 758,11. A 15% construction contingency is requested in the amount of $ 563, 807 for a total cost not to exceed $ 4, 322, 518.
Sufficient funds were not allocated in the adopted FY 2025/6 budget to the Project to award the construction contract; therefore, a budget amendment of $4, 322, 518is requested as detailed below:
Reduce Water and Sewer
General Fund Reserve
1010- 251- 0400
Increase Transfer Out
1010- 9900-90- 9- 1
Increase Transfer In
6090- 900- 393- 00- CIP WW 25-3
Increase Appropriation
6090- 8- 00- 420- 84- 00 CIP WW 25-3
ATTACHMENTS:
4, 322, 518
4, 322, 518
4, 322, 518
4, 322, 518
A. Resolution to Approve a Construction Contract with Mozingo Construction, Inc. for CIP WW 25-3 McKinley Avenue Force Main Intertie and Approve a Budget Amendment
B. Construction Contract with Mozingo Construction, Inc. for CIP WW 25-3 CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 8, 2025 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH MOZINGO CONSTRUCTION, INC. FOR CIP WW 25-3 MCKINLEY AVENUE FORCE MAIN INTERTIE AND
APPROVE BUDGET AMENDMENT
APPROVALS:
q// 25
Bellal Nabizadah Date
Assistant Engineer
Brad aylor
City ngineer
Cari James Date
Director of Finance
1,
r CM
Date
9/ 3/ 7, as
Cl • 3• ZoZS
Michael King Date
Assistant City Manager
7, 2 - C L -S
Salvador Navarrete Date
City Attorney
foC? ' S 9/ 6// 10aS'
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A CONSTRUCTION CONTRACT WITH MOZINGO CONSTRUCTION, INC. FOR CIP WW 25-3 MCKINLEY AVENUE FORCE MAIN INTERTIE AND
APPROVE BUDGET AMENDMENT
WHEREAS, the City currently treats wastewater at two facilities. The Manteca Wastewater Quality Control Facility ( MWQCF) serves areas located primarily east of Interstate 5, excluding the Crossroads, Gateway, and South Lathrop developments.
The Lathrop Consolidated Treatment Facility ( LCTF) serves the Crossroads, Gateway, South Lathrop, and all areas west of Interstate 5; and
WHEREAS, in order to improve overall system reliability, expand operational flexibility, and enhance treatment efficiency, staff has identified the construction of an intertie between the two facilities as a critical capital improvement; and WHEREAS, the planned McKinley Avenue Force Main Intertie Capital Improvement Project ( CIP) WW 25-3 (Project) will connect to the existing sanitary sewer force main located at Vierra Road and McKinley Avenue and will then extend west along Vierra Road and D' Arcy Parkway to the LCTF; and WHEREAS, on March 6, 2025, the City issued a Request for Proposals for consulting engineering services for the Project. Black Water Consulting Engineers Black Water) submitted a qualified proposal and, on April 14, 2025, the City Council awarded a $ 771, 001 Professional Services Agreement to Black Water for feasibility assessment, preparation of a basis of design report, detailed design, permitting, and bidding support. At the same meeting, Council created CIP WW 25-3 and authorized the transfer of $ 925, 200from the Wastewater Connection Fee Fund ( 6030) to initiate the Project; and
execution
WHEREAS,
of an amendment
on August
to
11,
the
2025,
PSA with
City
Black
Council
Water,
ratified
increasing
the City
the
Manager' s
contract
amount to $ 919, 053 to accelerate completion of the Project; and WHEREAS, Black Water has completed the design of the plans and prepared the technical specifications for the Project. The Project scope of work includes but is not limited to the installation of approximately 3, 700 linear feet of 16 - inch PVC force main, 1, 270 linear feet of 6 -inch PVC, and 1, 000 linear feet of 3 - inch PVC force mains.
The Project also requires a 330 -foot jack -and -bore crossing beneath existing railroad infrastructure, modifications to existing pump stations, and the installation of air release valves, flushing stations, electrical conduit with pull boxes, and cathodic protection systems; and
WHEREAS, because of the complexity of construction and the potential for unforeseen conditions that may require additional repairs and modifications after execution of the construction contract, staff is requesting authorization of a 15% construction contingency; and
WHEREAS, the bid solicitation package with plans and specifications for the construction of the Project was advertised on August 14, 2025, in accordance with Bidding Procedures in California Public Contract Code ( PCC) 20166 and Lathrop Municipal Code ( LMC) 2. 36. 060; and
WHEREAS, four ( 4) bids were received and opened by the City Clerk on September 2, 2025; each determined to be responsive and responsible; and WHEREAS, upon review and evaluation of the bids, the lowest responsible bidder is Mozingo Construction, Inc. (Mozingo), with a base bid of $ 3, 758,11. Staff request City Council adopt a resolution to approve a construction contract with Mozingo for $ 3, 758,11for the construction of the Project; and WHEREAS, staff also request City Council authorize a 15% construction contingency of $ 563, 807 and authorize staff to spend the contingency as necessary to achieve the goals of the Project for a total cost not to exceed $ 4, 322, 518; and WHEREAS, sufficient funds were not allocated in the adopted Fiscal Year ( FY) 2025/6 budget for the construction of the Project, staff also request Council authorize a budget amendment as detailed below:
Reduce Water and Sewer
General Fund Reserve
1010- 251- 0400 $ 4, 322, 518
Increase Transfer Out
1010- 9900-90- 9- 1 $ 4, 322, 518
Increase Transfer In
6090- 900- 393- 00- CIP WW 25-3 $ 4, 322, 518
Increase Appropriation
6090- 8- 00- 420- 84- 00 CIP WW 25-3 $ 4, 322, 518
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Mozingo for CIP WW 25-3 McKinley Avenue Force Main Intertie with a base bid of $ 3, 758,11; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 15% construction contingency of $ 563, 807, for a total construction budget of $4, 322, 518 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 does hereby approve a budget amendment of $ 4, 322, 518 as detailed above for the construction of the Project.
The foregoing resolution was passed and adopted this 8th day of September, 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
ATTACHMENT B
CONSTRUCTION CONTRACT
This Contract, dated September 8, 2025, is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and Mozingo Construction, 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 McKinley Avenue Force Main lntertie Project, CIP WW 25-3 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to the diversion of discharge currently sent to the MWQCF. As part of this modification, wastewater will be redirected to the LCTF via a new 16 -inch force main. Additional improvements include redirecting flows from the C&S Pump Stations and the LIP Pump Station into an existing 16 -inch force main along McKinley Road as well as the installation of electrical conduit, pullboxes, and a
flushing station at the McKinley Avenue Pump
Station. A new intertie connection is being proposed at the intersection of McKinley Avenue and Vierra Road to divert wastewater discharging to the MWQCF to the LCTF. and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 70 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: $ 3, 758,11
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 Mozingo Construction, Inc. on September 2, 2025. For the 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. Comensation. In consideration of Contractor' sperformance 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' 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 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 Assistant Engineer to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
7. Assum ltion of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor 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 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. 5is 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' 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 ofthe Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the 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' 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.
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 ( 10) days after receipt of the written request. d) Any copy ofrecords made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' sname, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within (5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements 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 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' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Assistant Engineer 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 Assistant Engineer 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' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.
12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.
13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.
14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
16. Miscellaneous.
1)
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
PHONE: (209) 712- 3136
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
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 8)
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.
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 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. 19) Contractor and subcontractors must comply with the regulations imposed by California Air Resources Board (" CARB") including, without limitation, Title 13, California Code of Regulations Division 3, Chapter 9, and all pending amendments Regulation").
20) 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).
21) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 22) 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.
23) 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.
24) 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.
25) 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.
26) 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Michael King, Assistant City Manager
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
EO01111 " AN
Iczinfo Cc sti` w: iori, inc.
757 Wakefield Ct.
0akdaie, C,4 95361
SECTION 00300
MCKINLEY AVENUE FORCE MAIN INTERTIE PROJECT
CIP WW 25-3
BID PROPOSAL FORMS
TO:
BID PROPOSAL FORMS
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: McKinley Avenue Force Main Intertie Project, CIP WW 25-3 THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location ofthe proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he will contract with the City of Lathrop, in the form of the Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award of the contract will be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid, or none of the work. 00300- 1
4czinp C ;: stnic1: io .,
75! Wakefield Ct.
othiale, CA 95361
SECTION 00300
MCKINLEY AVENUE FORCE MAIN INTERTIE PROJECT BID PROPOSAL FORMS CIP WW 25-3
INFORMATION REQUIRED OF BIDDER
The Bidder ( Contractor) shall furnish the following information. This information is considered essential in enabling the City Engineer 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:
Mozingo Construction, Inc.
751 Wakefield Court, Oakdale, CA 95361
2) Bidder' s
telephone number: ( 209) 848- 0160
3) Bidder' s email address: sbaker@mozingoconstruction. com 4) Bidder' s Contractor' sLicense # / Expiration Date / Classification:
702625 / 03- 31- 2026 / A/ B
5) Bidder' sDIR Registration # / Expiration:
1000002424 / 06- 30- 2028
6) Person who inspected site of proposed work for Contractor' sfirm:
Name: Mas Cramer Date of Inspection: 08/ 21/ 025
7) List 5 projects of a nature similar to this project:
Project Contract
Price
Name, Address and
Telephone Number of Owner
2022-3 Sonoma Trunk
Extension, Lift Station and
Water Main Upgrade
8, 458, 138. 96 City of Modesto, 1010 10th St. Modesto, CA 95354 Pete Kambel, (209) 577-444
Copper Cove Lift Station
Renovations & Fore Main Bypass
Project
7,18, 361. 85
Calaveras County Water District, 120 Toma Court,
San Andreas, CA 95249
Kevin Williams, ( 209) 754- 3184
Roselle Ave. Sewer Force
Main Extension Crossroads
West l!nit 1
2, 600, 063.1
FCB Homes/ Tom Doucette, President
209) 609- 8112
City
Sharpe
of Riverbank, Peter ) n nnis ( 2f9) 863- 7' 4R
Army Depot Water &
Sewer System Repairs 6,62, 577. 69
Army & Air Force Exchange
Services 3911 S Walton Walker Blvd., Dallas, TX
Dan Dickinson ( 2' 4)3' 2-' 71
JM Pike Park Stormwater to $
Sanitary Sewer Cross Connection 32,67,27. 0C City of Modesto, 1010 10th St. Modesto, CA 95354 Pete Kambel, ( 209) 577-444
00300- 3
vtozinsro Construction; Inc.
751 l4 ake ielM Ct.
oakiale, CA 95361
WW 25-3 Addendum No. 1
ATTACHMENT A
McKinley Avenue Force Main Intertie Project, CEP WW 25-3
REVISED BID SCHEDULE
BID
M
DESCRIPTION QUANTITY UNIT
PRICE
EXTENDED
TOTAL
1 Mobilization/ Demobilization 1 LS 150, 00 1601000 • °° 2 Traffic Control 1 LS SO, 000 S0, 000 -0°
3 ESCP / Water Pollution Control 1 LS 20, 0 00 7 0, 0 00' 00 4 Site Restoration 1 LS 9, 131 SLI , 13r° 0
5 Construction Dewatering, Pumping, and
Disposal
1 LS
1, WO
1 1, 00Cr
11, (100 059 14, 000 '
6 All Sheeting, Shoring, and Bracing 1 LS 50, 000 60 0 0 . Oo 9015,' 00 •°° 7 16" PVC Pipe ( AWWA- C900) 3700 LF 139 •°0 8 6" PVC Pipe ( AWWA- C900) 1270 LF 51. 0°A, , 0 yo -°° 9 3" PVC Pipe ( AWWA- C900) 1000 LF 10. 00 10, 000."
10 Trenching, Bedding, & Backfill 5970 12 Ti, •0O 541, 2' 40' 0° 11 Jack and Boring 330 LF Z ,600 440, 00 • °°
12 4" Plug Valve I LS 3, 400 3, g00 •00
13 6" Plug Valve 3 EA o, 500 14, 500 .00
14 16" Plug Valve 2 EA 21, 000 21, 000.0
15 Air Release Valve ( ARV) Assembly 3 EA f l , 000 3, 000. 16 Pressure Gauges 1 LS 1 000 I , 0 00 . 00
17 Conduits and Pull Boxes 1 LS 150, 000 150 , 0 00 ' 00 18 Connection to Existing System 5 EA 24, 000 120 , 000 ' °° 19 C&SPump Station Modifications 1 LS ZQi , 0 DO Z2 40000 • 0° 20 Cathodic Protection System & Test Station 1 LS 51, 0(X) Opp • o0 21 Flushing Station 1 LS 140, 00 q0, 000' uo
22 As -Built Drawings 1 LS 1, 600 1 500 ' 00
TOTAL BID S3, 15$,11• o0
TOTAL BID : 3, 1S150-1 vo
TOTAL BID IN WORDS : Thr e m ( IOn66vtiel h( 4N1d rCd 1f ght itouSdvk SevtN1 InwncUrecl tttAttn
4. 5.
6. j! 4 Co; L. SLi IeLIV iZI lW.
75! Ivalieffeld Cr.
oak,/ ale, C'° 95361
SECTION 00300
MCKINLEY AVENUE FORCE MAIN INTERTIE PROJECT BID PROPOSAL FORMS CIP WW 25-3
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent ofthe Contractor' sTotal Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item ofwork to be performed with the words " and/ or" will not be permitted.
Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing " Not Applicable" in the list below.
Work to be Performed
Subcontractor
License
Number Total Contract Subcontractor' sName & Address
161 i ( o ' fa ik I fi$vn,
Percent of
2. paving ( pct, r1iAI) IOOgy13 12. 3°%0
13 Dirt Ocinctsti Inc.
Po ( ox (nl Far mlton, % q', 23O
3. JacK axed boat, ` b12gii ( o . q °ro Al I Mite ?vino) 1553 itnicc g. B 1stafidd, C 1
c133W
Note: Attach additional sheets if required.
00300- 4
SECTION 00300
v1ozinsio Construction, Inc.
751 Wakefield ct.
Oakdale, C' 4
95361
MCKINLEY AVENUE FORCE MAIN INTERTIE PROJECT BID PROPOSAL FORMS CIP WW 25-3
ADDENDA
Bidder certifies he reviewed ARC Stockton' swebsite for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):
1 g /4,2oa( 5--
Da ed
Respectfully submitted,
Mozingo Construction, Inc.
Legal Name of Firm
Signature of Authorized Representative
Paul J. Graham, Construction Manager
Seal)
If Bidder is a corporation, show State in which incorporated.) Mozingo Construction, Inc. , A California Corporation
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.
Kurtis Mozingo, CEO/ President, 751 Wakefield Court, Oakdale, CA 95361 Doni Mozingo, CFO/ Secretary, 751 Wakefield Court, Oakdale, CA 95361 00300- 5
SECTION 00300
MCKINLEY AVENUE FORCE MAIN INTERTIE PROJECT BID PROPOSAL FORMS CIP WW 25-3
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE Mozingo Construction, 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 ofLathrop 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 $ ten percent of 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 City Hall, 390 Towne Centre Drive, Lathrop, CA: McKinley Avenue Force Main lntertie Project, CIP WW 25-3.
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 27 day of August , 2025.
Mozingo C
ctign4 Inc. (Seal) Travel Surety Company of America ( Seal) Seal) a,-- eal
ram,' J • hru, I1cuv', consryuG' fi ,1 ,,uanotr, James D. Einerson, Attomey- in- fact Address: Address:
751 Wakefield Ct. Oakdale, CA 95361 11090 White Rock Road Rancho Cordova, CA 95670 NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 6
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 August 27, 2025
insert name and title of the officer)
personally appeared James D. Einerson, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(» whose name( Ais/ ate subscribed to the within instrument and acknowledged to me that he/ sab/ t* executed the same in his/ ter/ilt authorized capacity( in), and that by his/ IM/NIR signature( on the instrument the person( O, or the entity upon behalf of which the person( Aacted, executed the instrument. before me,
Gail C. Einerson, Notary Public
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)
40,
GAIL C. EINERSON
COMM. # 2489029
0 t
ry NOTARY PUBLIC • CALIFORNIA Id
2 { TwJ ' SACRAMENTO COUNTY 0
1 Y V Y
aw
O'
COMM. EXPIRES MAY 3, 20281;
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 James D Einerson of GOLD RIVER , California , their true and lawful Attomey( 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. Raney`' Senior 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
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 Attomeys- 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' sseal 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 Attomeys- 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 Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys- inFact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of Attomey 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 27 day of August 2025 .
G t
Kevin E. Hughes, Assi tent
To verify the authenticity ofthis Power ofAttorney, please call us at 1- 800- 4213880.
Please referto the above -namedAttorney( s)- in- Fadandthe details of the bond to which this PowerofAttorney is attached.
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 Stanislaus
on August 28, 2025 before me, Jaclyn M. Hoobler, Notary Public insert name and title of the officer)
personally appeared Paul J. Graham
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 C' L
jLJ Y 1 ` iD 7t, bv---- ( Seal)
JACLYN M. HOOBLER
Notary Public - California
Stanislaus County F.
iZ dry Commission # 2469367
My Comm. Expires Nov 9, 2027
SECTION 00300
MCKINLEY AVENUE FORCE MAIN INTERTIE PROJECT
CIP WW 25-3
BID PROPOSAL FORMS
STATE OF
COUNTY OF
Paul J. Graham
NONCOLLUSION AFFIDAVIT
SS.
being first duly sworn, deposes and says that he or she is Construction Manager of Mozingo Construction, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price ofthe bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative the to, or paid, and will not pay, any fee to any corporation, partnership, company as ociat organ ion, bid depository, or to any member or agent thereof to effectuate a coll ve or ha . id.
Signature of: Prsid• nt, Secretary,
Manager, or Representative Paul J. Graham, Construction Manager The ' . un of
State of
Subscribed and worn to ( or affirmed) before me
on this d of , 20 , by
proved to
me on the basis o satisfactory evidence to be they
person( s) who app ared before me. Oki
Seal
Signature
00300- 7
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 Stanislaus
Subscribed and sworn to ( or affirmed) before me on this 28th day of August , 20 25 , by Paul J. Graham
proved to me on the basis of satisfactory evidence to be the person( s) who appeared before me.
Seal)
JACLYN M. HOO$ LER
Notary Public • Calitcriia
Stanislaus County
Commission # 2469367
May Comm. Expires Nov 9. 2027
Signature `{ C' 1,' V r - IL -
J i
SECTION 00300
MCKINLEY AVENUE FORCE MAIN INTERTIE PROJECT
CIP WW 25-3
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 ofthe 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)
00300- 8
City of
Public Works Department
V Wakefield ield cr.
ale, ell 95361
390 Towne Centre Dr. — Lathrop, CA 95330
Phone (209) 941- 7430 — fax ( 209) 941- 7449
www. ci. lathrop. ca. us
ADDENDUM NO. 1— August 27, 2025
McKinley Avenue Force Main Intertie, CIP WW 25-3
This addendum amends the Contract Drawings and Specifications for this project as follows:
1. See Plan Revision Snip # 1, below, upsizing the 3" plug valve to a 4" plug valve on Sheet 14 ofthe Plans and revising the 16" X 3" reducer to a 16" X 4" reducer
2. See " Revised Bid Schedule — McKinley Avenue Force Main Intertie - CIP WW 25-3", Attachment A, revising bid item # 12 from 3" plug valve to 4" plug valve. All references to the 3" plug valve should be revised to 4", including both the plans and specifications. This applies to Division 2, Technical Specification Section 01110 — Work Covered by Contract Documents, 1. 02. A. 12. Bids must be submitted on the Revised Bid Schedule.
CONTRACTOR TO CONNECT
TO EX. 16" FM AND INSTALL .
16" TEE, 16" X 4" REDUCER,
4" PLUG VALVE AND 4" X 3" '
REDUCER. CONTRACTOR TO
VERIFY EXACT LOCATION I
PRIOR TO CONSTRUCTION
PLAN REVISION SNIP #1
1 MORATORIUM STREET
REPAIR PER CITY DETAIL
R- 57
INSTALL ANALOG FLOW( METER
WW 25-3 - Addendum No. 1
ATTACHMENT A
McKinley Avenue Force Main lntertie Project, OP WW 25-3
REVISED BID SCHEDULE
ITEM DESCRIPTION QUANTITY UNITS PRICE TENDED
TOTAL
1 Mobilization/ Demobilization 1 LS
2 Traffic Control 1 LS
3 ESCP / Water Pollution Control 1 LS
4 Site Restoration 1 LS
5 Construction Dewatering, Pumping, and
Disposal
1 LS
6 A11 Sheeting, Shoring, and Bracing_ 1 LS
7 16" PVC Pipe ( AWWA- C900) 3700 LF
8 6" PVC Pipe ( AWWA- C900) 1270 LF
9 3" PVC Pipe ( AWWA- C900) 1000 LF
10 Trenching, Bedding, & Backfill 5970 LF
11 Jack and Boring 330 LF
12 4" Plug Valve 1 LS
13 6" Plug Valve 3 EA
14 16" Plug Valve 2 EA
15 Air Release Valve ( ARV) Assembly 3 EA
16 Pressure Gauges 1 LS
17 Conduits and Pull Boxes 1 LS
18 Connection to Existing System 5 EA
19 C&SPump Station Modifications 1 LS
20 Cathodic Protection System & Test Station 1 LS
21 Flushing Station 1 LS
22 As -Built Drawings 1 LS
TOTAL BID
TOTAL BID :
TOTAL BID IN WORDS :
WW 25-3 - Addendum No. 1
When submitting the bid for the project, the Contractor must acknowledge receipt of the addendum.
Recommended by:
Approved by:
feet
Ken
Senior Construction Manager
Brad aylor, PE
City Engineer
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Date 11. c3", 5
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Ica STACONTRACTORS ELICENSBOARD 10, 4, ACTIVE LICENSE
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MOZINGO
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Registrati on
Start
Date
v
Registration
End
Date
2025- 071
2028- 06 30
2022- 071
2025- 06 30
2019- 07
2022- 06 30
2018- 06 14
2019- 06 30
2017- 06 15
2018- 06 30
2016- 05- 11
2017- 06 30
2015- 06 12
2016- 06 30
2014- 1 03
2015- 06 30
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3/ 11/ 25, 1: 50 PM Califomia Air Resources Board: Off -Road Diesel -Fueled Fleets Regulation
CERTIFICATE OF REPORTED COMPLIANCE
OFF -ROAD DIESEL VEHICLE REGULATION
is issued to
Thu certificate indicates that the fleet listed above has reported c f•road diesel vehicles to the California Air Resources Board and has certified they are in compliance with the 13 CCR, section 2449 All applicable vehicles owned by the indiukivat company, or agency must be reported and labeled as * rated in Section 2449, with O possible completeness, else this certificate is null and void. Cef' tifiCate expires 2/8/026 https:// sl. arb. ca. gov/ ssIdoors/ doos reporting/ perm/hp/ certificate. php 1/
CORPORATE RESOLUTION
of
MOZINGO CONSTRUCTION, INC.
A California Corporation
AUTHORITY TO SIGN CONTRACTS and specific documents
RESOLVED, that any one of the following employees, with titles as designated, are authorized and directed to execute on behalf of and as the act of this corporation the written proposals and/ or contracts together with any/ll associated documents, to and with any entity for which we shall he commissioned to engage into contract, for each and every contract, agreement, change order, purchase order, vendor account, or any/ll associated documents, until hereby nullified.
KURTIS P. MOZINGO
DONI D. MOZINGO
JACOB A. CREGER
PAUL. J. GRAHAM
CEO / PRESIDENT
CFO / SECRETARY
GENERAL MANAGER
CONSTRUCTION MANAGER
AUTHORITY TO SIGN SPECIFIC CHANGE ORDERS
RESOLVED, that any employee, with the title of Area Manager, is authorized and directed to execute on behalf of and as the act of this corporation specific Change Order documents up to $250, 00. until hereby nullified.
RESOLVED FURTHER, that any employee, with the title of Project Manager, is authorized and directed to execute on behalf of and as the act of this corporation specific Change Order documents under $ 50, 000. until hereby nullified.
CERTIFICATE OF SECRETARY
I, Doni Mozingo, am duly qualified and acting Secretary of Mozingo Construction, Inc., a California Corporation.
The foregoing is a true copy of a resolution duly adopted by the Board of Directors of the corporation at a regular/ special meeting duly held on November 20, 2024.
The resolution -is in conformity with the articles of incorporation and bylaws of the corporation, has never been modified or repealed, and is now in full force effect.
Dated, this v3- 01 day of d. p_Ann f 2014_.
Doni Mozingo / Secretary