2026-02-09_item_4.11_approve_construction_contract_with_abide_builders_inc._for_cip_pk_24-04_and_pk_25-01

ITEM 4. 11

CITY MANAGER' SREPORT
FEBRUARY 9, 2026 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A CONSTRUCTION CONTRACT WITH ABIDE
BUILDERS, INC. FOR MOSSDALE AND VALVERDE
PARKS RENOVATION, CIP PK 24- 04 AND 25- 01 AND

APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve a Construction Contract with Abide Builders, Inc. for Mossdale and Valverde
Parks Renovation, CIP PK 24- 04 and 25- 01 and
Approve Budget Amendment
SUMMARY:

On June 12, 2023, City Council approved the Mossdale Landing Park Renovation and Manuel Valverde Park Renovation Capital Improvement Projects ( CIP PK 24- 04 and PK 25- 01) to provide updated splash pads, play equipment and baseball fields for these parks ( Project).

The plans and specifications were prepared by Callander Associates and advertised for bid on December 5 and 12, 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 thirteen ( 13) bids on January 13, 2026. The bid results are summarized in Table 1 below:

Table 1: Summary of Bid Results
Mossdale and Valverde Parks Renovation, CIP PK 24- 04 and 25- 01 Contractor Total Bid
KYA Services LLC 2, 710, 846*
Abide Builders, Inc. 3, 066, 125
F. Loduca Company 3, 128, 040
Grade Tech, Inc. 3, 163,32
Suarez & Munoz Construction, Inc. 3, 426,97
Frontline General Engineering Construction, Inc. 3, 638, 042 JPB Designs, Inc. 3, 825, 784
R&Pacific Construction, Inc. 3, 844, 195
S&H Construction, Inc. 3, 868, 600
Marina Landscape, Inc. 3, 983, 272
MD Construction Company, Inc. 4, 072, 877
CWS Construction Group, Inc. 4, 378, 742
Azul Works, Inc. 4, 553, 370
Bid was withdrawn
Following review and evaluation, Abide Builders, Inc. was determined to be the responsible bidder with lowest responsive bid, with a bid amount of $3, 066, 125.

CITY MANAGER' SREPORT PAGE 2
FEBRUARY 9, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH ABIDE BUILDERS, INC. FOR MOSSDALE AND VALVERDE PARKS RENOVATION, CIP PK 24- 04 AND 25- 01

AND APPROVE BUDGET AMENDMENT
Staff request City Council approve a construction contract with Abide for the construction of the Project in the amount of $ 3, 066, 125. Staff further request approval of construction contingencies of $ 312, 000 for CIP PK 24- 04 and $ 140, 00 for PK 25- 01, totaling $ 452, 000, for a total Project construction cost not to exceed 3, 518, 125.

Sufficient funds were not allocated in the adopted Fiscal Year ( FY) 2025-6 budget to CIP PK 24- 04 and CIP PK 25- 01 to fund the special inspection services needed for the splash pads and play equipment; therefore, staff request a budget amendment of $ 100, 00to transfer $ 50, 000 from the Measure C fund ( 1060) to each CIP Project fund ( 3010) as detailed in the Fiscal Impact section, contingent upon approval by the Measure C Oversight Committee.

REASON FOR RECOMMENDATION:

The existing splash pads at both Community Parks are over 15 years old and serve residents throughout the City. The proposed improvements will provide larger and more modern splash pads with more features and water recycling systems that use less water than the existing systems. The proposed play equipment with rubberized surfacing underneath will provide new and more expansive physical activity venues for children.

FISCAL IMPACT:

The proposed construction contract with Abide is for $ 3, 066, 125. Construction contingencies are requested in the amount of $ 312, 000 for CIP PK 24- 04 and 140, 00 for CIP PK 25- 01, totaling $ 452, 000. City Council authorization is also requested to expend contingency funds as necessary to achieve the goals of the Project for a total Project construction cost not to exceed $ 3, 518, 125.

Staff request a budget amendment of $ 100, 00 for special inspection services with allocations of $ 50, 000 from the Measure C fund ( 1060) to each CIP Project fund 3010) as detailed below, contingent upon approval by the Measure C Oversight Committee:

AND APPROVE BUDGET AMENDMENT
ATTACHMENTS:

A. Resolution to Approve a Construction Contract with Abide Builders, Inc. for Mossdale and Valverde Parks Renovation, CIP PK 24- 04 and CIP PK 25- 01 and Approve Budget Amendment
B. Construction Contract with Abide Builders, Inc. for Mossdale and Valverde Parks Renovation, CIP PK 24- 04 and CIP PK 25- 01
CITY MANAGER' SREPORT PAGE 4
FEBRUARY 9, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONSTRUCTION CONTRACT WITH ABIDE BUILDERS, INC. FOR MOSSDALE AND VALVERDE PARKS RENOVATION, CIP PK 24- 04 AND 25- 01

AND APPROVE BUDGET AMENDMENT
APPROVALS:
2iceevIv6( 67, 20, to
Steven Hollenbeak Date
Assistant Engineer
Brad aylor
City Engineer
Cari Jam
Director of `finance
Date
1/ 2f7Zo" tb
n/ Ag6
Date
re / e oi
Thomas Hedegard Date
Deputy City Manager
I • Z7• zozc.

Michael King Date
Assistant City Manager
Salvador Navarrete
City Attorney
6- Le a6
Date
Z - Z• Z(
Step en 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 ABIDE BUILDERS, INC. FOR MOSSDALE AND VALVERDE PARKS RENOVATION, CIP PK 24- 04 AND 25- 01

AND APPROVE BUDGET AMENDMENT
WHEREAS, on June 12, 2023, City Council approved the creation of Mossdale Park Renovation and Valverde Park Renovation, Capital Improvement Project ( CIP) PK 24- 04 and 25- 01 (Project), respectively; and
WHEREAS, on December 5 and 12, 2025, the City solicited bids 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 thirteen ( 13) bids were received and opened by the City Clerk on January 13, 2026; and
WHEREAS, upon review and evaluation of the bids, the responsible bidder with the lowest responsive bid for the Project was determined to be Abide Builders, Inc. (Abide) with a bid of $ 3, 066, 125; and
WHEREAS, staff request City Council approve a construction contract with Abide in the amount of $ 3, 066, 125 for the construction of the Project; and WHEREAS, staff request that City Council approve construction contingencies in the amount of $312, 000 for CIP PK 24- 04 and $ 140, 00 for PK 25- 01 and authorize staff to spend up to the amounts of the contingencies as necessary to achieve the goals of the Project for a total Project construction cost not to exceed $ 3, 518, 125; and
WHEREAS, staff request a budget amendment of $ 100, 00 to allocate 50, 000 from the Measure C fund ( 1060) to each CIP Project fund ( 3010) as detailed below, contingent upon approval by the Measure C Oversight Committee:

Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 PK 24- 04
Increase Transfer In
3010- 9900- 393- 0000 PK 25- 01
Increase Expenditures
3010- 8000- 420- 12- 00 PK 24- 04
Increase Expenditures
3010- 8000- 420- 12- 00 PK 25- 01
100, 00
50, 000
50, 000
50, 000
50, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a construction contract with Abide for the construction of the Project for a cost of $ 3, 066, 125; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve construction contingencies in the amount of $312, 000 for CIP PK 24- 04 and $ 140, 00 for PK 25- 01 and authorizes staff to spend up to the amounts of the contingencies as necessary to achieve 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 as detailed above, contingent upon approval by the Measure C Oversight Committee.

The foregoing resolution was passed and adopted this 9th day of February 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

ATTACHMENT B
SECTION 00500

MOSSDALE LANDING AND VALVERDE PARK RENOVATION CONSTRUCTION CONTRACT CIP PK 24- 04 & PK 25- 01

CONSTRUCTION CONTRACT
This Contract, dated February 9, 2026, is entered into by and between the City of Lathrop City"), a municipal corporation of the State of California ( City), and Abide Builders, Inc., Contractor), whose Taxpayer Identification Number is
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:

1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.

2. General Scole of Project and Work. Construction Documents for Mossdale Landing and Valverde Park Renovation, CIP PK 24- 04 & PK 25- 01 (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 work to be performed under this contract is generally described as, but not necessarily limited to the construction of splashpads with recirculating systems and associated utility and electrical work, a renovated play area with rubber surfacing, basketball court, baseball field infield improvements, a dumpster enclosure, pedestrian pathways and planting, irrigation improvements; and any task necessary to accomplish the aforementioned tasks.

The work shall be completed within 120 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, 066, 125 - Three Million, Sixty -Six Thousand, One Hundred Twenty Five Dollars

3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by Abide Builders, Inc. on January 00500- 1
SECTION 00500

MOSSDALE LANDING AND VALVERDE PARK RENOVATION CONSTRUCTION CONTRACT CIP PK 24- 04 & PK 25- 01
13, 2026. 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 ofprecedence 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' 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. 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 00500- 2
SECTION 00500

MOSSDALE LANDING AND VALVERDE PARK RENOVATION CONSTRUCTION CONTRACT CIP PK 24- 04 & PK 25- 01
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. Com Dliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.

DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work 00500- 3
SECTION 00500

MOSSDALE LANDING AND VALVERDE PARK RENOVATION CONSTRUCTION CONTRACT CIP PK 24- 04 & PK 25- 01
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. 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. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor.

The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' sobligations under the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.

Record of wages paid: Inspection
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours 00500- 4
SECTION 00500

MOSSDALE LANDING AND VALVERDE PARK RENOVATION CONSTRUCTION CONTRACT CIP PK 24- 04 & PK 25- 01
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. Ifthe requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
00500- 5
SECTION 00500

MOSSDALE LANDING AND VALVERDE PARK RENOVATION CONSTRUCTION CONTRACT CIP PK 24- 04 & PK 25- 01
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' sobligation to pay compensation to Contractor, and on or before the date ofExecution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. 1A.

11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
00500- 6
SECTION 00500

MOSSDALE LANDING AND VALVERDE PARK RENOVATION CONSTRUCTION CONTRACT CIP PK 24- 04 & PK 25- 01
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7)
8)
9)
Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.

12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.

13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.

14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.

15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and 00500- 7
SECTION 00500

MOSSDALE LANDING AND VALVERDE PARK RENOVATION CONSTRUCTION CONTRACT CIP PK 24- 04 & PK 25- 01
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: Leisser Mazariegos, Project Manager
To Contractor:

Mailing Address:

Phone:

Email:

ATTN:

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 00500- 8
SECTION 00500

MOSSDALE LANDING AND VALVERDE PARK RENOVATION CONSTRUCTION CONTRACT CIP PK 24- 04 & PK 25- 01
5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract. 8) 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 00500- 9
SECTION 00500

MOSSDALE LANDING AND VALVERDE PARK RENOVATION CONSTRUCTION CONTRACT CIP PK 24- 04 & PK 25- 01
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.
00500- 1
SECTION 00500

MOSSDALE LANDING AND VALVERDE PARK RENOVATION CONSTRUCTION CONTRACT CIP PK 24- 04 & PK 25- 01
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.
00500- 11
SECTION 00500

MOSSDALE LANDING AND VALVERDE PARK RENOVATION CONSTRUCTION CONTRACT CIP PK 24- 04 & PK 25- 01
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 FORM:

By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Brad Taylor, City Engineer
APPROVED:

By:

Stephen J. Salvatore, City Manager
00500- 12

EXHIBIT A
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATION BID PROPOSAL FORMS CIP PK 24- 04 & PK 25- 01

BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: MOSSDALE LANDING AND VALVERDE PARK RENOVATION,
CIP PK 24- 04 & PK 25- 01
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:

LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location of the proposed work and the Construction Documents; and he proposes and agrees that if this 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.

ADDITIVE AND DEDUCTIVE ALTERNATES
As required by Public Contract Code section 20103. 8, ifthis 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.

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.
00300- 1
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATION BID PROPOSAL FORMS CIP PK 24- 04 & PK 25- 01
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 of the 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.

END OF SECTION)
00300- 2

ATTACHMENT A
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATIONS
CIP 24- 04 25- 01

BID PROPOSAL FORMS

MOSSDALE LANDING AND VALVERDE PARK RENOVATION,
CIP PK 24- 04 & PK 25- 01

REVISED BID SCHEDULE
BID
ITEM

DESCRIPTION QUANTITY UNITS UNIT
PRICE

EXTENDED
TOTAL

MOSSDALE LANDING PARK
IA Mobilization / Bonds / Insurance LS 1 50, 000. 50, 000. 2A Temporary Fencing LS 1 8, 000. 8, 000.
3A Demolition LS 1 30, 000. 30, 000.
4A Erosion and Sedimentation Control LS 1 7, 000. 7, 000. 5A Solid Waste Enclosure II LS 1 110, 00. 110, 00.
6A Play Equipment LS 1 400, 00. 400, 00.
7A Splash Pad Equipment LS 1 385, 000. 385, 000.
8A Site Electrical LS 1 200, 00. 200, 00.
9A Earthwork and Gradin4 LS 1 75, 000. 75, 000.
10A Landscape Maintenance LS 1 3, 500. 0 3, 500. 0
11A Tree Protection and Pruning LS 1 5, 000. 5, 000.
12A Pedestrian Concrete Pavement SF 5, 150 25. 00 128, 750. 0 13A Vehicular Concrete Pavement SF 441 15. 00 6,15. 00
14A Splash Pad Pavement SF 2, 750 55. 00 151, 250. 0
15A Basketball Court Pavement SF 6, 140 25. 00 153, 500. 0 16A Concrete Mowband LF 95 25. 00 2, 375. 00
17A Concrete Seatwall LF 37 400. 00 14, 800. 0
18A Play Area Curb LF 355 25. 00 8,75. 00
19A Replace Curb and Gutter LF 6 800. 00 4, 800. 0
20A Play Area Rubber Surfacing SF 6, 280 30. 00 188, 400. 0 21A Infield Mix SF 444 2. 14 950. 16
22A Infield Mix Topdress SF 50, 970 0. 40 20, 388. 00
23A ADA Shower LS 1 3, 000. 3, 000.
24A Basketball Goal EA 2 6, 000. 12, 000.
25A
Reinstalling Bases, Plates and Pitching
Rubber
LS 1
8, 000. 8, 000.
26A Relocate Trash Receptacles EA 1 500. 00 500. 00
27A Relocate Bench EA 5 600. 00 3, 000.
28A Planting Irrigation LS 1 45, 000. 45, 000.
29A Landscape Soil Preparation LS 1 11, 000. 11, 000.
30A Shrub, 5 -gallon EA 82 40. 00 3, 280. 0
31A Shrub, 1 - gallon EA 175 16. 00 2, 800. 0
32A Tree, 24" Box EA 4 750. 00 3, 000.
33A Tree, 15 -gallon EA 10 220. 00 2,00. 0
34A Bark Mulch SF 5, 858 0. 78 4, 569. 24
35A Root Barrier LF 250 14. 00 3, 500. 0
36A Turf From Sod SF 9, 290 1. 20 11,48. 00
37A Water Line — 2" LF 102 50. 00 5, 100. 0
ADDENDUM NO. 1 00300- 3

ATTACHMENT A
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATIONS
CEP 24- 04 25- 01

BID PROPOSAL FORMS
38A Gate Valve EA 3 1, 000. 3, 000.
39A Connect to Existing Water Line LS 1 600. 00 600. 00 40A Relocate Water Meter and Backflow
Preventer
LS 1
2, 500. 0 2, 500. 0
41A Connect to Existing Sewer Manhole LS 1 2, 500. 0 2, 500. 0 42A Sanitary Sewer Line — 4" LF 104 70. 00 7, 280. 0
43A Cleanout EA 3 600. 00 1, 800. 0
44A Connect to Existing Drain LS 1 1, 200. 00 1, 200. 0 45A Underdrain LF 285 65. 00 18, 525. 00
46A Solid Drain Line — 4" LF 119 70. 00 8, 330. 0
47A Solid Drain Line — 6" LF 155 80. 00 12, 400. 0
48A Area Drain EA 2 1, 200. 00 2, 400. 0
48A Splash Pad Drain EA 2 2, 500. 0 5, 000.

TOTAL BID FOR MOSSDALE
LANDING PARK ONLY 2, 137, 835. 40

VALVERDE PARK
1B Mobilization / Bonds / Insurance LS 1 40, 000. 40, 000. 2B Temporary Fencing LS 1 7, 000. 7, 000.
3B Demolition LS 1 20, 000. 20, 000.
414 Tras 1 Enc osure ES
1R Frncinn ancl Cpdimantatinn fnntre1 I C 1 3, 000. 3, 000. 5B Splash Pad Ec uipment LS 1 385, 000. 385, 000.
6B Site Electrical LS 1 80, 000. 80, 000.
7B Earthwork and Grading LS 1 75, 000. 75, 000.
8B Landscape Maintenance LS 1 3, 500. 0 3, 500. 00
9B Tree Protection and Pruning LS 1 600. 00 600. 00
10B Pedestrian Concrete Pavement SF 1,15 25. 00 27, 875. 00 11B Pedestrian Concrete Pavement, Special SF 580 15. 00 8, 700. 0 12B Splash Pad Pavement SF 3, 200 55. 00 176, 000.
13B Concrete Mowband LF 107 25. 00 2, 675. 00
14B Infield Mix SF 536 2. 30 1, 232. 80
15B Infield Mix Topdress SF 30, 545 0. 40 12, 218. 00
16B ADA Shower LS 1 6, 000. 6, 000.
17B Reinstalling Bases, Plates and Pitching
Rubber
LS 1
8, 000. 8, 000.
18B Relocate Bench EA 1 600. 00 600. 00
19B Planting Irrigation LS 1 16, 000. 16, 000.
20B Landscape Soil Preparation LS 1 8,20. 0 8,20. 0
21B Bark Mulch SF 2, 160 1. 20 2, 592. 00
22B Turf From Sod SF 9, 405 1. 20 11, 286. 00
23B Water Line — 2" LF 93 50. 00 4, 650. 0
24B Gate Valve EA 1 1, 000. 1, 000.
25B Connect to Existing Water Line LS 1 1, 200. 0 1, 200. 0 26B Connect to Existing Sewer Manhole LS 1 1, 200. 0 1, 200. 0 ADDEMDUM NO. 1
00300- 4

ATTACHMENT A
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATIONS
CIP 24- 04 25- 01

BID PROPOSAL FORMS
27B Sanitary Sewer Line — 4" LF 136 70. 00 9, 520. 0
28B Cleanout EA 3 1, 200. 0 3, 600. 0
29B Solid Drain Line — 4" LF 86 70. 00 6, 020.
30B Splash Pad Drain EA 2 2, 500. 0 5, 000.

TOTAL BID FOR VALVERDE PARK
ONLY 928, 28. 80
TOTAL BID (BOTH PARKS) 3, 066, 124. 20
TOTAL BID : 4 , piij(#, 12'+. W
TOTAL BID IN WORDS : fUU1
Wahl c
4vHI6 ' cAAA 'S
ADDEMDUM NO. 1 00300- 5
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATION BID PROPOSAL FORMS CIP PK 24- 04 & PK 25- 01

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 reiection. Additional sheets shall be attached as required.

BIDDER' SINFORMATION
1) Bidder' s name and address:

Abide Builders, Inc.
825 Riverside Pkwy, Ste 120
West Sacramento CA 95605
2) Bidder' stelephone number: 916- 375- 1009
3) Bidder' s email address: ppizzo@abidebuilders. com
4) Bidder' sContractor' sLicense # / Expiration Date / Classification:
891745 / 02/ 28/027 / A, B, C- 27
5) Bidder' s DIR Registration # / Expiration:
1000003318 / 06/ 30/ 227
6) Person who inspected site of proposed work for Contractor' sfirm:

Name: Philip Pizzo Date of Inspection: 1/ 5/ 2026
7) List 5 projects of a nature similar to this project:

Project Contract
Price
Name, Address and
Telephone Number of Owner
Larry Gury Park 2, 608,00. 0
Southgate Recreation & Park District
6000
916- 428- 1171OrangeAve Sacramento, CA 95823
Gibson Park 4, 021, 608. 00
City of Roseville - Parks, Recreation, & Libraries
316 Vemon Street, Roseville, CA 95678
916- 772-59
Northlake Community
Park Improvements 1, 953, 703. 00
Greenbriar
500 La Gonda ,
ect Owner LLC
Way, Suite 102, Da v94526Integral lle, CA
unities
949- 720- 3612
Audrey
Part
Huisking
Project 916- 772-529Construction 848 000, 00
City of Roseville - Parks, Recreation, & Libraries
316 Vernon Street, Roseville, CA 95678
Jack Sheldon Park 2,77, 000.

Southgate Recreation & Park District
660000Orra, g71AveSacramento, CA95823
00300- 6
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATION BID PROPOSAL FORMS CIP PK 24- 04 & PK 25- 01
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 ofthe Public Contract Code.

After the opening ofbids, 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
0 '.

Subcontractor;
Address .

California
Contractor' sLicense No.'MR No.
i,`.

Percent
of Work
r.

Ste i
times
liewoitt, InG.

2. 4 20 nand
creek M. *e3
prentmaca '
141- i3
Ltvoma UDDD
a4gfo5
1:7,
eltctieGAI
COX cAbtYiG, 1nc'.
2 0
maamarro, o
1 +
F( o
a. o
589Gl
t. b70
fiF tratUXC.
555s. prantrtldb
coR rw, on' q
i
ica o
X15

5. 370
Note: Attach additional sheets ifrequired.
00300- 7
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATION BID PROPOSAL FORMS CIP PK 24- 04 & PK 25- 01

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 2
Respectfully submitted,
1/3/ 2026 Abide Builders, Inc.

Dated Legal Name of Firm
Signature ofAuthorized Representative
Seal)
If Bidder is a corporation, show State in which incorporated.) California
The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:

NOTICE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.

Philip Pizzo, President/ Secretary/ Treasurer/ Manager
00300- 8
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATION BID PROPOSAL FORMS CIP PK 24- 04 & PK 25- 01

NON -COLLUSION AFFIDAVIT
STATE OF Yolo
ss.

COUNTY OF California
Philip Pizzo being first duly sworn, deposes and says that he or she is President of Abide Builders, 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 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, comp sscyated, organization, bid depository, or to any member or agent thereof to effectuate a collusiv or sham bid.

Signat f: President, Secretary,
Manager, Project Manager or Representative
The County of Yolo
State of California
Subscribed and sworn to ( or affirmed) before me
on this 13th day of January 20 26 by
Jean F. Majewski , proved to
me on the basis of satisfactory evidence to be the
person( s) who appeared before me.

Seal
Signatur qm4A7,
cc
z
JEAN F. NAJEWSKI t
COMM. * 2474351 z
Notary Public • California
Yolo County
Mt Comm. Eyires Doc. 27, 20271
00300- 1
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATION BID PROPOSAL FORMS CIP PK 24- 04 & PK 25- 01
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the Bidder, any officer of the Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X
If the answer is yes, explain the circumstances in the following space.

PUBLIC CONTRACT SECTION 10232 STATEMENT
In accordance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor' sfailure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
00300- 11
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATION BID PROPOSAL FORMS CIP PK 24- 04 & PK 25- 01

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
Signature)
1/3/ 2026
Date)
Bidder' sName: Abide Builders, Inc.

Address: 825 Riverside Parkway, STE 120 West Sacramento, CA 95605 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 of the Contract Documents.)

END OF SECTION)
00300- 12
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATION BID PROPOSAL FORMS CIP PK 24- 04 & PK 25- 01

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

SUBMIT WITH BID
Pursuant to Labor Code sections 1725. 5and 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 http:// www. dir. ca. gov/ PublicWorks/ 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: Abide Builders, Inc.

DIR Registration Number: 1000003318
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. 5 and 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 o comply with any of the above requirements may result in a
finding that the l'ds non sponsive.

Bidder' sSignature:

Bidder' sName and Title: Philip Pizzo, President
Firm: Abide Builders, Inc.

Date: 1/3/ 2026

END OF DOCUMENT)
00300- 13
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATION BID PROPOSAL FORMS CIP PK 24- 04 & PK 25- 01

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 of the 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 of receiving 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:
00300- 14
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATION BID PROPOSAL FORMS CIP PK 24- 04 & PK 25- 01

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:
700 Towne Centre Drive, Lathrop, CA 95330 ( Mossdale Landing Park) and 15557 5th Street, Lathrop, CA 95330 ( Valverde Park)
BIDDER
Signature)
1/3/ 2026
Date)
00300- 15

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 Yolo
On January 13, 2026 before me,
Jean F. Majewski, Notary Public
insert name and title of the officer)
personally appeared Philip Pizzo
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
JEAN F. MAJEWSKI
COMM. * 2474351 z
Notary Public • California c
Yolo County
MYConrn. Eiims Dec. V, 2027t
SECTION 00300

MOSSDALE LANDING AND VALVERDE PARK RENOVATION
CIP PK 24- 04 & PK 25- 01

BID PROPOSAL FORMS

BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:

THAT WE Abide Builders, Inc.
as PRINCIPAL, and The Ohio Casualty 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 of which sum in lawful money ofthe United States, well and truly to be made to the City of Lathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ -- 10%--

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 Ha11, 390 Towne Centre Drive, Lathrop, CA: MOSSDALE LANDING AND VALVERDE PARK RENOVATION, CIP PK 24- 04 & PK 25- 01
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.

WITNESS WHEREOF, we have hereunto set our hands and seals on this 9th day rY 20 26.

CAA ( Seal) ( Seal)
144 tP17122. 0/ ( 42E51O1:/ J
Seal) - - - ( Seal)
Address:
825 Riverside Parkway # 120, West Sacramento. CA 95605
The Ohio Casualty Insurance Company
Address:
175 Berkeley St., Boston, MA 02116
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 9

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.

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State of California
Placer County of
on January 09, 2026 before me, Joselynn Campbell, Notary Public insert name and title of the officer)
personally appeared Kathy Rangel
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.

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JOSELYNN CAMPBELL
COMM. # 2504808
NOTARY PUBLIC • CALIFORNIA
PLACER COUNTY ( 7
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SURETY

POWER OF ATTORNEY
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8213388- 977442
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the " Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Maggie Bender -Johnson; Dona Lisa Buschmann; Joselynn Campbell; Edward D. Johnson; Robert D. Laux; Kathy Rangel; Julie A. Shiroma; Ashley White all of the city of Roseville state of CA each individually if there be more than one named, its hie and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 18th day of March , 2025 .

By:

State of PENNSYLVANIA
ss
County of MONTGOMERY
On this 18th day of March , 2025 before me personally appeared Nathan J. Zangede, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohlo Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.

Ir /` •
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
Montgomery County
My commission expires March 28, 2029
Commission number 1126044
Member, Pennsylvania Association of Notaries
Nathan J. Zangerie, Assistant Secretary
By:

Teresa Pastella, Notary Public
This Power of Attorney is made and executed pursuant to and by authority of the following By- laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:

ARTICLE IV — OFFICERS: Section 12. Power of Attorney.

Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys- in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.

ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Nathan J. Zangerle, Assistant Secretary to appoint such attomeys- in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization - By unanimous consent of the Company' s
Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of January , 2026 .

LMS- 12873 LMIC OCIC WAIC Multi Co 02/ 24
By:
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Renee C. Llewellyn, Assistant Secretary

Lathrop City CouncilFebruary 9, 2026

Lathrop City Council
February 9, 2026