ITEM 4. 13
CITY MANAGER' SREPORT
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A CONSTRUCTION CONTRACT WITH
UNITED PAVEMENT MAINTENANCE, INC. FOR
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS,
CIP PS 26-0 AND APPROVE BUDGET AMEDMENT
RECOMMENDATION: Adopt Resolution to Approve a Construction Contract with United Pavement Maintenance, Inc. for Spartan
Way Traffic Safety Enhancements, CIP PS 26-0 and
Approve Budget Amendment
SUMMARY:
On October 13, 2025, City Council approved the creation of Spartan Way Traffic Safety Enhancements, Capital Improvement Project ( CIP) PS 26-0 to improve bicycle and pedestrian safety along Spartan Way near Lathrop High School.
The plans and specifications for the installation of a raised crosswalk, bike lane physical barrier and revised traffic striping on Spartan Way ( Project) were completed by staff and advertised for bid on the 22nd and 28th of November 2025 pursuant to Bidding Procedures in California Public Contract Code ( PCC) 20160 and Lathrop Municipal Code ( LMC) 2. 36. 060. The City Clerk received and opened four ( 4) bids on December 15, 2025, all determined to be responsive and from responsible bidders.
The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
n Way Traffic Safety Enhancements, CIP PS 26-0
Contractor Total Bid
United Pavement Maintenance, Inc. 230, 84
FBD Vanguard Construction, Inc. 5275, 608
297, 126
5352,84
Platinum General Engineering LLC
Dirt Dynasty, Inc.
Based on the review and evaluation of the bids, the lowest responsible bidder for the Project was determined to be United Pavement Maintenance, Inc. (United Pavement Maintenance) with a bid of $ 230, 84.
Staff request City Council approve a construction contract with United Pavement Maintenance for the construction of the Project in the amount of $ 230, 84. Staff request City Council authorize a 20% construction contingency of $ 46, 161 and authorize staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project, for a total Project construction cost not to exceed $ 276, 95.
CITY MANAGER' S REPORT PAGE 2
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH UNITED PAVEMENT
MAINTENANCE, INC. FOR SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0 AND APPROVE BUDGET AMENDMENT
To provide sufficient funding for the Project construction, staff also request City Council approve a budget amendment transferring $ 200, 00 from the Measure C fund ( 1060) to the CIP Project fund ( 3310) as detailed in the Fiscal Impact section of this report.
BACKGROUND:
Spartan Way Traffic Safety Enhancements Project CIP PS 26-0, was created to improve bicycle and pedestrian safety along Spartan Way near Lathrop High School.
The Project' simprovements include a raised crosswalk with pedestrian - activated Rapid Rectangular Flashing Beacons ( RRFB) crossing Spartan Way at the skate park entrance and a concrete barrier and associated restriping and signage to accommodate a bicycle lane and narrow the vehicular lanes. A separate contract for the installation of a steel fence within the Spartan Way median was approved by City Council under CIP PS 26-0 on November 10, 2025.
REASON FOR RECOMMENDATION:
The proposed improvements will provide a conveniently located crosswalk to protect pedestrians crossing Spartan Way at Lathrop High School. The narrowed vehicle lanes, Class 2 bicycle lane and vehicle barrier will increase safety for bicyclists as well as reduce vehicle speed. The bicycle lane will also provide a more suitable venue than the sidewalk for those utilizing motorized transportation devices.
FISCAL IMPACT:
The proposed construction contract with United Pavement Maintenance is for 230, 84. A 20% construction contingency is requested in the amount of $ 46, 161 for a total construction cost not to exceed $ 276, 95.
Staff also request City Council approve a budget amendment to transfer $ 200, 00 from the Measure C fund ( 1060) to the CIP Project fund ( 3310) as detailed below, contingent upon approval by the Measure C Oversight Committee:
Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000 PS 26-0
Increase Expenditures
3310- 8000- 420- 12- 00 PS 26-0
200, 00
200, 00
200, 00
CITY MANAGER' S REPORT PAGE 3
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH UNITED PAVEMENT
MAINTENANCE, INC. FOR SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0 AND APPROVE BUDGET AMENDMENT
ATTACHMENTS:
A. Resolution to Approve a Construction Contract with United Pavement Maintenance, Inc. for Spartan Way Traffic Safety Enhancements, CIP PS 26- 20 and Approve Budget Amendment
B. Construction Contract with United Pavement Maintenance, Inc. for Spartan Way Traffic Safety Enhancements, CIP PS 26-0
CITY MANAGER' SREPORT PAGE 4
JANUARY 12, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH UNITED PAVEMENT
MAINTENANCE, INC. FOR SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0 AND APPROVE BUDGET AMENDMENT
APPROVALS:
e- t/eee 40- egadel
Steven Hollenbeak Date
Assistant Engineer
Brad T lor
City Engineer
Fog C.
1Z. i7. 2.5
Date
11/ L / ZozC--
Cari James Date
Director of Finance
Thomas Hedegard Date
Deputy City Manager
12 • 22. ZoZS'
Michael King Date
Assistant City Manager
Z, ' / - - 5
Salvador Navarrete Date
City Attorney
1 • Zlo
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A CONSTRUCTION CONTRACT WITH UNITED PAVEMENT
MAINTENANCE, INC. FOR SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0 AND APPROVE BUDGET AMENDMENT
WHEREAS, on October 13, 2025, City Council approved the creation of Spartan Way Traffic Safety Enhancements, Capital Improvement Project ( CIP) PS 26- 20 ( Project); and
WHEREAS, on November 22, 2025 and November 28, 2025, the City solicited bids for the Project pursuant to bidding procedures in California Public Contract Code PCC) 20160 and Lathrop Municipal Code ( LMC) 2. 36. 060 for the construction of the Project; and
WHEREAS, a total of four (4) bids were received and opened by the City Clerk on December 15, 2025; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be United Pavement Maintenance, Inc. ( United Pavement Maintenance) with a bid of $ 230, 84; and WHEREAS, staff request City Council approve a construction contract with United Pavement Maintenance in the amount of $ 230, 84 for the construction of the Project; and
WHEREAS, staff request that City Council approve a 20% construction contingency in the amount of $ 46, 161 and authorize staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project for a total Project construction cost not to exceed $ 276, 95; and
WHEREAS, to fund the Project, staff request City Council approve a budget amendment in the amount of $ 200, 00 from the Measure C fund ( 1060) to the CIP Project fund ( 3310) as detailed below, contingent upon approval by the Measure C Oversight Committee:
Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000 PS 26-0
Increase Expenditures
3310- 8000- 420- 12- 00 PS 26-0
200, 00
200, 00
200, 00
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract for $ 230, 84 with United Pavement Maintenance for the construction of Spartan Way Traffic Safety Enhancements, CIP PS 26-0; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 20% construction contingency of $ 46, 161 for a total cost not to exceed $ 276, 95for the construction of the Project and authorizes staff to spend up to the amount of the contingency as necessary to accomplish the goals of the Project; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve the requested budget amendment as detailed above.
The foregoing resolution was passed and adopted this 12th day of January 2026 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 SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
CONSTRUCTION CONTRACT
This Contract, dated January 12, 2026 is entered into by and between the City of Lathrop City"), a municipal corporation of the State of California ( City), and United Pavement Maintenance, 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 SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0 (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 a 3" grind of asphalt paving, minor demolition of concrete curb and landscape, installation of 2" conduit, construction of two concrete raised crosswalks with # 4 reinforcement, installation of four City furnished 14' type 1-B poles, and Safe -T Lane Interlocking Concrete Bike Lane Dividers with long and tapered end units at Site 1, installation of striping, pavement markings, ADA ramps, and landings at both Project Sites; and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 32 Working days following issuance of Notice to Proceed and as defined herein.
No road closures for this project will be authorized outside of the following dates:
March 14 — March 22, 2026.
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: $ 230, 84 - Two Hundred Thirty Thousand Eight Hundred and Four Dollars
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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 United Pavement Maintenance, Inc. on December 15, 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. Compensation. 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' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' spersonal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements 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.
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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 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. 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.
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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' sconsent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or (ii) shall not be deemed in default of the CITY' s obligations under
the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request.
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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. 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 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.
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. IA.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' s
warranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City.
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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)
8)
9)
Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' s
ability 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.
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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
209) 941-. 7430
ATTN: Veronica Albarran, Project Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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. A11 documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
1 1) 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.
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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).
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
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.
SECTION 00500
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS CONTRACT
CIP PS 26-0
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
Seal:
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FO M:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Brad Taylor, City Engineer
APPROVED:
By:
Stephen J. Salvatore, City Manager
EXHIBIT A
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0 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 ofLathrop, in the form ofthe Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award of the contract will be the price ofthe base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid, or none of the work.
ADDITIVE AND DEDUCTIVE ALTERNATES
As required by Public Contract Code section 20103. 8, if this bid solicitation includes additive or deductive items, the method checked below will be used to determine the lowest bid. If no method is checked, subparagraph ( A) will be used to determine the lowest bid. City retains the right to add to or deduct from the Contract any of the additive or deductive alternates included in Bid Proposal.
00300- 1
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
X ( A) The lowest bid will be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items.
B) The lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation or Bid Proposal as being used for the purpose of determining the lowest bid price.
C) The lowest bid will be the lowest total of the bid prices on the base contract and those additive and deductive items taken in order from a specifically identified list of those items that, when in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a
funding amount publicly disclosed by City before the first bid is opened.
D) The lowest bid will be determined in a manner that prevents any information that would identify and ofthe bidders or the proposed subcontractors or suppliers from being revealed to City before the ranking of all bidders from lowest to highest has been determined. 00300- 2
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS
CIP PS 26-0
BID PROPOSAL FORMS
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0
BID SCHEDULE
BID
ITEM
DESCRIPTION QUANTITY UNITS
UNIT
PRICE
EXTENDED
TOTAL
1 Mobilization / Bonds / Insurance 1 LS 22, 480 22, 480 2 Traffic Control 1 LS 34, 250 34, 250
3 Erosion and Sediment Control Plan
ESCP) 1 LS 5, 080 5, 080
4 Remove Existing Thermoplastic
Striping 950 LF 10. 00 9, 500
5 Landscape Demolition 520 SF 12. 70 6,04
6 Reestablish All Landscaping and
Irrigation Disturbed by Construction 1 LS 1, 560 1, 560 7 Install Irrigation Sleeves Beneath
New Concrete Improvements to
Reconnect / Maintain Irrigation
Service 1 LS 1, 440 1, 440
8 Grind / Off -Haul / Remove Existing
Asphalt Concrete ( d 3" Depth 800 SF 11. 40 9, 120
9 Remove and replace PCC Curb Per
Project Plans and Specs 56 LF 80. 00 4,80
10 Construct PCC Sidewalk Per Project
Plans and Specs 520 SF 14. 00 7, 280
11 Construct PCC Curb Ramp Case F 2 EA 2, 500 5, 000
12 Construct PCC Curb Ramp Case G 1 EA 3, 000 3, 000
13 Construct PCC Curb Ramp Case C 2 EA 1, 500 3, 000
14 Install City -Furnished Safe -T Lane
Interlocking Concrete Bike Lane
Dividers with long and tapered end
units 3106 LF 17. 35 53, 889. 10
15 Install City -Furnished Signage and
Poles with PCC Footings 12 EA 400. 00 4, 800
16 Insta11 2" Conduit per Plans & Specs 75 LF 139. 20 10, 440 17 Install # 4 @ 12 O. C. Both Ways per
Project Plans & Specs 800 SF 13. 05 10, 440
18 Supply / Staking / Place PCC Raised
Crosswalk per Project Plans and
Specs 1 LS 8, 490 8, 490
19 Install Thermoplastic Striping —
MUTCD Figure 3B-0 Option A 2 EA 1, 000 2, 000
20 Install Thermoplastic Striping —
Caltrans Std. Pln. A20D, Detai139 3310 LF 5. 00 16, 550 21 Install Thermoplastic Striping —
Caltrans Std. Pln. A20D, Detail 39A 1135 LF 3. 00 3, 405 22 Install Thermoplastic Striping —
Caltrans Std. Pln. A20, Detail 39A 1315 LF 3. 00 3, 945 00300- 3
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS
CIP PS 26-0
BID PROPOSAL FORMS
with Methyl Methacrylate ( MMA)
Green Enhancement
23 Install Thermoplastic Striping —
Ladder Crosswalk 2' Rungs @ 2'
Spaces per Caltrans Std. Pln. A24F l00 LF 3. 00 300. 00 24 Install Thermoplastic Markings -
Shared Lane Marking MUTCD
Figure 9C- 8 EA 250. 00 2, 000
25 Install Thermoplastic Markings -
Helmeted Bicyclist Marking
MUTCD Figure 9C- 3 Option B 7 EA 250. 00 1 , 750
TOTAL BID 230, 83. 10
TOTAL BID : $ 230, 83. 10
TOTAL BID IN WORDS : TWO hundred thrirty thousand eight hundred three and one tenth 00300- 4
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
INFORMATION REQUIRED OF BIDDER
The Bidder shall furnish the following information. This information is considered essential in enabling the Project Manager to determine if the Bidder is experienced in similar types of work and if the Bid is based on a careful study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its resection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' s name and address:
United Pavement Maintenance, Inc.
2907 Tully Rd, Hughson, CA, 95326
Mailing - P. O. Box 1017 Hughson, CA, 95326
2) Bidder' stelephone number: ( 209) 8834345
3) Bidder' s email address: rudy@asphaltpavingpros. net 4) Bidder' s Contractor' sLicense # / Expiration Date / Classification:
905503 / 08/ 31/ 2027 / A, B, C10, C31, C32.
Bidder' s DIR Registration # / Expiration:
1000878534 / 06/ 30/ 226
5)
6) Person who inspected site of proposed work for Contractor' sfirm:
Name: Javier Ruvalcaba Date of Inspection: 12/ 03/ 2025 7) List 5 projects of a nature similar to this project:
Project Contract
Price
Name, Address and
Telephone Number of Owner
Citywide Sidewalk Repair 2, 815, 330
City of Stockton 22 E Weber Ave Rm 301
Stockton, Ca. 95202 209- 937- 8411
23- 031 Pkg- 1 Roads Program 1, 314,74
City of Turlock 156 S. Broadway St
Turlock, Ca. 95382 209- 668- 5600
Patterson Rd Sidewalk
Project 315, 280
City of Riverbank 6617 Third Ave
Riverbank, Ca 95367 209- 863- 7155
Jail Courthouse Walkway 160, 719
County of Tuolumne 2 S Green St
Sonora, Ca. 95370 209- 533-904
Citywide Curb Ramps 2024
CDBG 2023- 06 533, 077
City of Elk Grove 8401 Laguna Palms Way
Elk Grove, Ca. 95758 916- 627- 3315
00300- 5
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' sTotal Bid Price or ten thousand dollars ($ 10, 000), whichever is greater. Shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4104 of the Public Contract Code.
After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing " Not Applicable" in the list below.
Work to be
Performed
Subcontractor
Name' . . `-
Subcontractor
Y :: Address -,,
California
Contractor` s
License No..
DIR No `
f
Percent of=
Work
Mobilization( p), T. C.( p),
Remove Existing
Thermoplastic Striping,
Install Thermoplastic
Striping & Markings
Central
Striping
Service, Inc
3489 Luyung Drive,
Rancho Cordova,
CA 95742
403896 1000006499
26.%
Staking( p) JDE Engineering Manteca, CA 95336k Ct, N/ A 2000015362
2.5%
WPCP,
Site Visits
Genesis SWPPP 1841 Tenaya Ave,
Clovis, CA 93611
N/ A 2000016857
1.3%
Note: Attach additional sheets ifrequired.
00300- 6
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
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 Respectfully submitted,
12/5/ 2025 United Pavement Maintenance, Inc.
Dated Legal Name of Firm
I, a C-&
Signature ofAuthorized Representative
Seal)
IfBidder is a corporation, show State in which incorporated.) A California Corporation
2907 Tully Rd,
Hughson, CA 95326
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.
United Pavement Maintenance, Inc. S Corporation A California Corporation Rodolfo Ruvalcaba President, Treasurer, and Manager
Mabel Ruvalcaba Corporate Secretary
00300- 7
RESOLUTION OF United Pavement Maintenance, Inc.
Authorized Officers - Certificate of Secretary
I, Mabel Ruvalcaba, the Secretary of United Pavement Maintenance, Inc. ("Corporation"), a corporation organized under the laws of the state of California, with its primary place of business at 2907 Tully Rd, P. O. Box 1017 , Hughson , California, 95326, hereby certify that the following is a true and complete copy of a resolution the Board of Directors of the Corporation (" Board") adopted by a vote of the members of the Board at the Board meeting taking place on May 17, 2013. A quorum was present, and the vote complied with the bylaws of the corporation.
NOW THEREFORE LET IT BE:
RESOLVED, that any one of the following directors, with titles as designated, are authorized and directed to execute on behalf of and as the act of this corporation all bids, contracts, and other documents necessary.
Director: Rodolfo Ruvalcaba, President
Director: Rodolfo Ruvalcaba, Vice President
Director: Rodolfo Ruvalcaba, Treasurer
Director: Mabel Ruvalcaba, Corporate Secretary
Signature:
I further certify that this resolution has not been amended, modified, or repealed.
IN WITNESS WHEREOF, I have set my hand on behalf of the Corporation on January 24, 2024.
By:
Print Name: Mabel Ruvalcaba
Title: Corporate Secretary Date: 12/5/ 2025
Bond No. CSBA- 32988
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS
CIP PS 26-0
BID PROPOSAL FORMS
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE United Pavement Maintenance, Inc.
as PRINCIPAL, and Atlantic Specialty Insurance Company
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment ofwhich sum in lawful money of the United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ Ten Percent ( 10%) of the 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: SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS, CIP PS 26-0.
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 1st day of December , 2025.
United Pavement Maintenance, Inc. ( Seal)
1, .._.
LaLA ( Seal),
040( g -g. P- va( cae re s', 014 ebti--
Address: P. O. Box 1017
Huahson, CA 95326
Atlantic Specialty Insurance Coman, ( Seal)
R. Wolfe, Attorney -in -pact
Address: One Towne Square, Ste. 1470
Seal)
Southfield. NI 4807E
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 8
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Marin
on
DEC 0. 1 2025
before me, Benjamin Wolfe, Notary Public
insert name and title of the officer)
personally appeared Magdalena R. Wolfe
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ' ( Seal)
o*a BENJAMIN wQLFE
Notary Public • California
3 ^'; -
a
3 Marin County
Commission M 2513526
My Comm. Expires Mar 3, 2029
i
intact] INSURANCE Power of Attorney
Bond No. CSBA- 32988
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Adrian Langrell, Arturo Ayala, Ben Stong, Benjamin Wolfe, Chelsea Liberatore, Daniel Huckabay, Frank Morons, Magdalena R. Wolfe, Michael D Stong, Robert Wood, Shaunna Rozelle Ostrom, each individually if there be more than one named, its true and lawful Attorney - in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty- fifh day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President ( each an " Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney - in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact.
Resolved: That the Attomey- in- Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney - in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attomey- in- Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty- fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023.
STATE OF MINNESOTA
HENNEPIN COUNTY
e, rAPORAl ss,
SEAL • m
1986 " o
rZS FW Yo'
e
ry
Abe
By
Sarah A. Kolar, Vice President and General Counsel
On this fist day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
ALISON D. NASH- TROUT
NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31, 2030
J/ , il// t.4
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated 1st day of December 2025
This Power of Attorney expires
January 31, 2030
Y I M g49 i
441(.' G
cpSV Ortvi
SEAL r'
1986 0
ex.
w. OD -.' 4./
Kara L.B. Barrow, Secretary
Please direct bond verifications to alt. t. `z! 1tiit Lct i nsu. fi.. om Trustee
Other:
Signer is Representing:
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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
December 12, 2025
before me,
Annette M Kinsfater, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared
Rodolfo Ruvalcaba - President
Name( s) of Signer( s)
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/ tey 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.
ANNETTE M. KINSFATER
Notary Public • California
Merced County
Commission # 2460852
My Comm. Expires Aug 25, 2027
Place Notary Seal and/ orStamp Above
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
OPTIONAL
Anni, ttSignature orN1r Pub c
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Bidder' s Bond
Document Date: December 1, 2025
Signer( s) Other Than Named Above:
No other signers
Capacity( ies) Claimed by Signer( s)
Signer' s
Name: Rodolfo Ruvalcaba
Corporate Officer — Title( s): President
Partner — Limited General
Individual Attorney in Fact
Guardian or Conservator
Number ofPages: Three
Signer' s
Name:
Corporate Officer — Title( s):
Partner — Limited General
Individual Attorney in Fact
o Trustee Guardian or Conservator
Other:
Signer is Representing:
2019 National Notary Association
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
NON -COLLUSION AFFIDAVIT
STATE OF California
ss.
COUNTY OF Stanislaus
Rodolfo Ruvalcaba , being first duly sworn, deposes and says that he or she is United Pavement Maintenance, Inc.
President of the party making the foregoing bid
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Sig( natu' reof: President, Secretary,
Manager, Project Manager or Representative
The County of
State of
Subscribed and sworn to (or affi d) before me
on this day of , 20 by
proved to
me on the basis of sat' actory evidence to be the
person( s) who app - , red before me.
Seal
Sig • ure
See Attached Notary
00300- 9
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 See Attached Document ( Notary to cross out lines 1-6 below) D See Statement Below ( Lines 1- 6 to be completed only by document signer[ s], not Notary) 5 Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies onlythe 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
ANNETTE M. KINSFATER
Notary Public • California
Merced County
Commission # 2460852
My Comm. Expires Aug 25, 2027
Place Notary Seal and/ orStamp Above
Subscribed and sworn to (or affirmed) before me
on this 12 day of December
by Date
1) Rodolfo Ruvalcaba
Month
2025 ,
Year
and (2)
Name( s) of Signer( s)
proved to me on the basis of satisfactory evidence to
be the person( s) vy# fo appeared before me.
Signature
OPTIONAL
Signature of Nry PL/ blic
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Non -Collusion Affidavit
Document Date:
No Date
Number of Pages:
One
Signer( s) Other Than Named Above: No other signers
2019 National Notary Association
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No
If the answer is yes, explain the circumstances in the following space.
N/ A
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 ofthe 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.
00300- 1
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
AFFIRMATIVE ACTION PROGRAM CERTIFICATE
The Bidder hereby certifies that Bidder is in compliance with the Civil Rights Act of 1964, Executive Order No. 11246, and all other applicable Federal and State laws and regulations relating to equal opportunity employment.
BIDDER
rl„. A Signature)
12/5/ 2025
Date)
Bidder' sName: United Pavement Maintenance, Inc.
Address: 2907 Tully Rd, Hughson, CA, 95326
Mailing - P. O. Box 1017 Hughson, CA, 95326
The above certification of the Bidder regarding its affirmative action program shall be filled out completely, signed, and submitted by each Bidder and shall be a part ofthe Contract Documents.)
END OF SECTION)
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Bidder' sSignature:
SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS
CIP PS 26-0
BID PROPOSAL FORMS
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
SUBMIT WITH BID
Pursuant to Labor Code sections 1725. 5 and 1771., all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
See https:// www. dir. ca. gov/ Public- Works/ PublicWorks. html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor' s and subcontractors' current registration with the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725. 5and 1771. and is currently registered as a contractor with the Department of Industrial Relations.
Name ofBidder: United Pavement Maintenance, Inc.
DIR Registration Number: 1000878534
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725. 5and 1771. in it contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a
finding that the bid is non - responsive.
Uvu. I at/
Bidder' sName and Title: Rodolfo Ruvalcaba - President
Firm: United Pavement Maintenance, Inc.
Date: 12/5/ 2025
END OF DOCUMENT)
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SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
CERTIFICATION OF DRUG - FREE WORKPLACE REQUIREMENTS
BIDDER CERTIFICATIONS
1. The Bidder certifies that it will or will continue to provide a drug -free work place by:
A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder' swork place and specifying the actions that will be taken against employees for violation of such prohibition:
1. Making it a
requirement that each employee to be engaged in the performance of the contract be given a copy ofthe statement.
2. Notifying the employee in the statement that, as a condition of employment under the Contract, the employee will:
a. Abide by the terms of the statement.
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the work place no later than 5 calendar days after such conviction:
1) Notifying the Owner in writing within 10 calendar days after receiving notice from an employee or otherwise receiving actual notice of such conviction.
2) Taking 1 of the following actions, within 30 calendar days ofreceiving notice, with respect to any employee who is so convicted:
a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of Federal and State law.
b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enforcement, or other appropriate agency.
c) Notify the employee that in the event of a major accident/ incident resulting in loss of life, injury or damage to the facility, or equipment, all personnel involved shall be required to submit to substance testing as soon as possible after the incident, but not more than 4 hours after the incident.
B. Establishing an ongoing drug -free awareness program to inform employees about:
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SECTION 00300
SPARTAN WAY TRAFFIC SAFETY ENHANCEMENTS BID PROPOSAL FORMS CIP PS 26-0
1. The dangers of drug abuse in the work place.
2. The Bidder' s
policy of maintaining a drug -free work place.
3. Any available drug counseling, rehabilitation, and employee assistance programs. The penalties that may be imposed upon employees for drug abuse violations occurring in the work place.
C. Making a good faith effort to continue to maintain a drug -free work place through implementation of the requirements stated in this Document.
WORK LOCATIONS
1. The Bidder acknowledges that the performance of work done in connection with this Contract will occur at the location( s) listed and / or described below:
1. Spartan Way, from Stanford Crossing to Golden Valley Parkway
2. Intersection of Barbara Terry Boulevard and Adobe Way BIDDER United Pavement Maintenance, Inc.
4/ vGIi, C-- q6 .`
Signature)
12/5/ 2025
Date)
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