ITEM 4. 20
CITY MANAGER' SREPORT
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A CONTRACT WITH R. SUTTON
ENTERPRISES, LLC FOR CONSTRUCTION OF
SIDEWALK AND LANDSCAPE IMPROVEMENTS -
PHASE 1, CIP PS 25- 14 AND APPROVE BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve a Contract with R.
Sutton Enterprises, LLC for Construction of Sidewalk
and Landscape Improvements - Phase 1, CIP PS 25-
14 and Approve Budget Amendment
SUMMARY:
On October 14, 2024, City Council approved the creation of Sidewalk and Landscape Improvements - Phase 1, CIP PS 25- 14 (Project) to replace streetscape improvements, irrigation system, and lifted segments of sidewalk along Slate Street Project).
The plans and specifications for the Project were prepared by Westwood Professional Services, Inc. and advertised for bid on the 21st and 28th of April 2026, pursuant to bidding procedures set forth in California Public Contract Code ( PCC) 22037 and Lathrop Municipal Code ( LMC) 2. 36. 060.
The City Clerk or her designee received and opened ten ( 10) bids on May 28, 2026.
All bids were determined to be responsive and from responsible bidders. The bid results are summarized in Table 1 below:
Table 1: Summary of Bid Results
Sidewalk and Landscape Improvements - Phase 1, CIP PS 25- 14 Contractor Total Bid
R. Sutton Enterprises, LLC 61, 588, 044
Zara Construction, Inc. 1, 660, 130
Modernscapes Innovation 1, 783, 100
United Pavement Maintenance, Inc 1, 882, 001
George Reed, Inc. S1, 890, 378
Frontline General Engineering Construction, Inc. 1, 926, 863 Stockbridge General Contracting, Inc. S1, 981,18
B&M Civil LLC dba B&M Builders 2, 058, 904
Sposeto General Engineering, Inc. 2,05, 870
Dirt Dynasty, Inc. S2, 536, 308
Based on the review and evaluation of the bids, the lowest bidder for the Project was determined to be R. Sutton Enterprises, LLC with a bid amount of $ 1, 588, 044.
CITY MANAGER' S REPORT PAGE 2
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONTRACT WITH R. SUTTON ENTERPRISES, LLC FOR
CONSTRUCTION OF SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1, CIP PS 25- 14 AND APPROVE BUDGET AMENDMENT
Staff request that City Council approve a contract with R. Sutton Enterprises, LLC for the construction of the Project in the amount of $ 1, 588, 044. Staff request that City Council authorize a 20% construction contingency of $ 317, 608 and authorize staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project, for a total construction budget not to exceed $ 1, 905, 652.
To provide sufficient funding for the construction of the project, staff request City Council approve a budget amendment transferring $ 830, 00 from the General Streets Reserve fund ( 1010) to the CIP Project fund ( 3310) as detailed in the Fiscal Impact section of this report.
BACKGROUND:
Sidewalk and Landscape Improvements - Phase 1, CIP PS 25- 14 was created to replace lifted and damaged segments of sidewalk. The Project will also replace existing streetscape and irrigation to reduce water use and update existing curb ramps for ADA compliance.
REASON FOR RECOMMENDATION:
The proposed improvements will eliminate hazards from lifted sidewalks and provide ADA- compliant curb ramps that will better serve residents with ambulatory disabilities.
FISCAL IMPACT:
The proposed construction contract with R. Sutton Enterprises, LLC is for $ 1, 588, 044.
Staff request approval of a 20% construction contingency in the amount of $ 317, 608, for a total construction budget not to exceed $ 1, 905, 652.
Staff request that City Council approve a budget amendment transferring $ 830, 00 from the General Streets Reserve fund ( 1010) to the CIP Project fund ( 3310) as detailed below:
Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
PS 25- 14
PS 25- 14
830, 00
830, 00
830, 00
830, 00
CITY MANAGER' S REPORT PAGE 3
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONTRACT WITH R. SUTTON ENTERPRISES, LLC FOR
CONSTRUCTION OF SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1, CIP PS 25- 14 AND APPROVE BUDGET AMENDMENT
ATTACHMENTS:
A. Resolution to Approve a Construction Contract with R. Sutton Enterprises, LLC for Sidewalk and Landscape Improvements - Phase 1, CIP PS 25- 14 and Approve Budget Amendment
B. Construction Contract with R. Sutton Enterprises, LLC for Sidewalk and Landscape Improvements - Phase 1, CIP PS 25- 14
CITY MANAGER' SREPORT PAGE 4
JUNE 8, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONTRACT WITH R. SUTTON ENTERPRISES, LLC FOR
CONSTRUCTION OF SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1, CIP PS 25- 14 AND APPROVE BUDGET AMENDMENT
APPROVALS:
c4c.. eA/ cm llog& k, zeal tor I. Z( 7
Steven Hollenbeak Date
Assistant Engineer
6/ 0616
Publi Works
Date
s Director / City Engineer
Brad aylor
Cari J s
Director f Finance
Date
bia26) 2&
6/ 312oz4
Thomas Hedegard Date
Deputy City Manager
Michael King Date
Assistant City Manager
Co • 3 • ZoZ (.
Salvador Navarrete Date
City Attorney
p. 44 -21.,
StephenJ. Salvatore Date
City Manager
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE A CONTRACT WITH R. SUTTON ENTERPRISES, LLC FOR
CONSTRUCTION OF SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1, CIP PS 25- 14 AND APPROVE BUDGET AMENDMENT
WHEREAS, on October 14, 2024, City Council approved the creation of Sidewalk and Landscape Improvements - Phase 1, CIP PS 25- 14 (Project) to replace streetscape, irrigation and lifted segments of sidewalk; and WHEREAS, on April 21, 2026 and April 28, 2026, the City solicited bids for construction of the Project pursuant to bidding procedures in California Public Contract Code ( PCC) 22037 and Lathrop Municipal Code ( LMC) 2. 36. 060; and WHEREAS, the City Clerk or her designee received and opened ten ( 10) bids on May 28, 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 R. Sutton Enterprises, LLC ( R. Sutton) with a bid of $ 1, 588, 044; and WHEREAS, staff request that City Council approve a construction contract with R. Sutton in the amount of $ 1, 588, 044for the construction of the Project; and WHEREAS, staff request that City Council approve a 20% construction contingency in the amount of $317, 608 and authorize staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project for a total construction budget not to exceed $ 1, 905, 652; and
WHEREAS, to provide adequate funds for the construction contract and construction expenses, staff request that City Council approve a budget amendment in the amount of $ 830, 00 from the General Streets Reserve fund ( 1010) to the CIP Project fund ( 3310) as detailed below:
Decrease Street Repair Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
PS 25- 14
PS 25- 14
830, 00
830, 00
830, 00
830, 00
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a contract for $ 1, 588, 044 with R. Sutton Enterprises, LLC for the construction of Sidewalk and Landscape Improvements - Phase 1, CIP PS 25- 14; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 20% construction contingency of $ 317, 608 for a total cost not to exceed $ 1, 905, 652 for 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 8th day of June 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 Attoiney SECTION 00500
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1 CONSTRUCTION CONTRACT CIP PS 25- 14
CONSTRUCTION CONTRACT
This Contract, dated May 11, 2026, is entered into by and between the City of Lathrop City"), a municipal corporation of the State of California ( City), and R. Sutton Enterprises, LLC, (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 SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1, CIP PS 25- 14 (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 removal and replacement of segments of concrete sidewalk and other civil concrete work, HMA paving, landscaping, masonry repair and additional related tasks and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 140 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: $ 1, 588, 043. 45 One Million, Five Hundred Eighty - Eight Thousand, Forty -Three Dollars and Forty -Five Cents.
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 « Contractor» on May 5, 2026.
For the purposes of construing, interpreting and resolving inconsistencies between the SECTION 00500
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1 CONSTRUCTION CONTRACT CIP PS 25- 14
provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' s
performance of its obligations hereunder,
City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' sPublic Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s
personal property or the personal property of any
person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements effecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' 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 by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
SECTION 00500
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1 CONSTRUCTION CONTRACT CIP PS 25- 14
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
SECTION 00500
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1 CONSTRUCTION CONTRACT CIP PS 25- 14
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' s
proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' 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' s enforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contract Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' s
obligation to: (i) process any request for payment of any portion of the Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under
the Contract Documents unless the Contractor' sdemonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
Record of wages paid: Inspection
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be SECTION 00500
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1 CONSTRUCTION CONTRACT CIP PS 25- 14
on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3)A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy 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.
SECTION 00500
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1 CONSTRUCTION CONTRACT CIP PS 25- 14
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 of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. 1A.
11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate SECTION 00500
SIDEWALK AND LANDSCAPE IMPROVEMENTS -PHASE 1 CONSTRUCTION CONTRACT CIP PS 25- 14
resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8)
9)
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.
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.
SECTION 00500
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1 CONSTRUCTION CONTRACT CIP PS 25- 14
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. 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.
SECTION 00500
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1 CONSTRUCTION CONTRACT CIP PS 25- 14
7)
8)
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.
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 ofrights 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 SECTION 00500
SIDEWALK AND LANDSCAPE IMPROVEMENTS -PHASE 1 CONSTRUCTION CONTRACT CIP PS 25- 14
in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act ( 42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractor and subcontractors must comply with the regulations imposed by California Air Resources Board (" CARB") including, without limitation, Title 13, California Code of Regulations Division 3, Chapter 9, and all pending amendments Regulation").
20) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
21) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 22) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
23) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
SECTION 00500
SIDEWALK AND LANDSCAPE IMPROVEMENTS -PHASE 1 CONSTRUCTION CONTRACT CIP PS 25- 14
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' s
approval with resolution.
SECTION 00500
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1 CONSTRUCTION CONTRACT CIP PS 25- 14
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
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Brad Taylor, City Engineer
APPROVED:
By:
Stephen J. Salvatore, City Manager
EXHIBIT A
SECTION 00300
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1
CIPPS25- 14
BID PROPOSAL FORMS
TO:
BID PROPOSAL FORMS
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: SI DEWALK AND LANDSCAPE I M PROVEM ENTS- PHASE 1, CI P PS 25- 14
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those naned herein; that this Bid is made wi thout collusion with any other person, firm, partnership, corporation, or association; that he has careful I y examined the I ocati on of the proposed work and the Construction Documents; and he proposes and agrees that if this Bid is accepted hewill contract with the City of Lathrop, in the form of the Contract asset forth in the Construction Documents for said project, to provide ail 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 i n the fol I owi ng Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, I icensi ng costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award of the contract will be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid or none of the work.
ADDITIVE AND DEDUCTIVE ALTERNATES
As required by Public Contract Code section 20103. 8, if this bid solicitation indudes additive or deductive items, the method checked below wi II be used to determi ne the lowest bid. If no method is checked, subparagraph ( A) will be used to determine the lowest bid. City retains the right to 00300- 1
SECTION 00300
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1
CI P PS 25- 14
BID PROPOSAL FORMS
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.
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 speificrally 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, afunding amount publicly disclosed by City beforethefirst bid is opened.
D) The I owest bid will bedetermi ned 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.
ATTACHMENT A
SECTION 00300
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE I
CIPPS25- 14 BID PROPOSAL FORMS
BID
ITEM
DESCRIPTION QUANTITY UNITS UNIT
PRICE
ITEM
PRICE
1 Mobilization / Bonds / Insurance 1 EA 150, 00. 100, 00. 2 Traffic Control 1 EA 95, 000. 85, 000.
3 Erosion and Sediment Control Plan ( ESCP) 1 EA 6, 500. 0 6, 500. 0 4 Site Preparation ( Clearing, Grubbing, Demolition &
Disposal)
42, 698 SF
1. 25
53, 372. 50
5 Hardscape Demolition & Off -Haul - Attached Sidewalk 15, 202 SF
2. 50
38, 005.0
6 Hardscape Demolition & Off -Haul - Detached
Sidewalk
11, 534 SF
2. 50
28, 835. 00
7 Hardscape Demolition & Off -Haul - Curb
Return ( Excluding Commercial Driveway)
21 EA
1, 600. 0
33, 600. 0
8 Hardscape Demolition & Off -Haul - Curb Ramp ( Outside of Returns and Driveways)
4 EA
1, 400. 0
5, 600. 0
9 Hardscape Demolition & Off -Haul - Driveway 3, 083 SF 2. 50 7,07. 50 10 Hardscape Demolition & Off -Haul - Curb & Gutter ( 10 Total Locations)
75 LF
125. 00
9, 375. 00
11 Tree Removal 4 EA 1, 800. 0 7, 200. 0
12 Grading ( Rough/ Fine) 1 LS 18, 000. 18, 000.
13 Temporary Erosion Control 1 LS 8, 500. 0 8, 500. 0
14 Relocate & Reconnect Existing Water Meter 1 EA 3, 500. 0 3, 500. 0 15 Attached Sidewalk ( R- 6) 24, 795 SF 18. 00 446, 310. 0 16 Detached Sidewalk ( R- 7) 3, 095 SF 26. 00 80, 470. 0 17 Class II Aggregate Base ( Outside of Curb
Return)
48 CY
102. 00
4, 896. 00
18 Industrial / Commercial Driveway ( R- 21) 2, 484 SF 26. 00 64, 584. 00 19 02' Grind & Overlay w/ 7" HMA Deep Lift 3, 082 SF 9. 50 29,79. 00 20 6" Vertical Curb & Gutter ( 7 total locations) 55 LF 45. 00 2, 475. 00 21 Curb Transition ( R- 12) 5 EA 600. 00 3, 000.
22 30' Curb Return w/ Case A Curb Ramp ( R- 13) 21 EA 6, 500. 0 136, 500. 0 23 Case C Curb Ramp (R- 13) 6 EA 3, 500. 0 21, 000.
24 Case F Curb Ramp @ Commercial Driveway ( R- 13) 2 EA 6, 500. 0
13, 000.
25 Case CH Curb Ramp ( R- 14) 1 EA 6, 500. 0 6, 500. 0
26 Driveway ( R- 20) 2 EA 7, 500. 0 15, 000.
27 Driveway ( R- 23) 3 EA 7, 500. 00 22, 500. 0
28 4" — 8" Mortared Cobbles 2, 706 SF 32. 00 86, 592. 00 29 4" Stabilized Decomposed Granite 5, 469 SF 2. 30 12, 578. 70 30 Reset Sign Post ( R- 45 and R- 46) 1 EA 500. 00 500. 00 31 Steel Edging 1, 314 f,E 5. 00 6, 570. 0
32 Repair Damaged Block Wall ( City -Identified
Locations)
1 ALLOW 50, 000.
50, 000.
ATTACHMENT A
SECTION 00300
SIDEWALK AND LANDSCAPE E IPROVEMENTS- PHAE 1
CEP PS 25- 14 BID PROPOSAL FORMS
33 Soil Amendments 31, 262 SF 2. 00 62, 524. 00
34 15 Gallon Trees 174 Ea 25. 00 4, 350. 0
35 5 Gallon Shrubs 212 EA 45. 00 9, 540. 0
36 1 Gallon Shrubs 1, 043 EA 45. 00 46, 935. 00
37 Top Dressing — Decorative Bark Mulch 31, 262 SF 0. 75 23, 446. 50 38 Root Barrier @ 24" Height 3, 440 LF 1. 25 4, 300. 0
39 Irrigation System 31, 262 SF 0. 25 7, 815. 50
40 Irrigation Controllers with New Stainless Steel Pedestals 2 EA 6, 500. 0
13, 000.
41 Landscape Maintenance ( 90Day) 36, 731 SF 0. 25 9, 182. 75 TOTAL BID 1, 588, 043. 45
TOTAL BID : 1, 588, 043. 45
TOTAL BID IN WORDS : ONE MILLION FIVE HUNDRED EIGHTY EIGHT THOUSAND FORTY THREEE DOLLLARS
AND FORTY FIVE CENTS
SECTION 00300
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1
CIPPS25- 14
BID PROPOSAL FORMS
INFORMATION REQUI RED OF BIDDER
The Bidder shall furnish the following information. This information is considered essential in enabling the Project Manager to determine if the Bidder isexperienoed in similar types of work and if the Bid is based on a careful study of methods applicableto thework and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' sname and address:
R Sutton Enterprises LLC.
Po Box 237 Vallecito , Ca 95251
209- 872- 9978
2) Bidder' stelephone number:
3) Bidder' semail address:
chrpaaron@yahoo. com
4) Bidder' sContractor' sLicense#/ Expiration Date/ Classification:
1101339 02- 28-027 A/ Haz
5) Bidder' s DIR Registration # 1 Expiration:
1001012216 12/ 31/ 26
6) Person who inspected site of proposed work for Contractor' sfirm:
Aaron Johnson 05/ 25/026
Name: Date of Inspection:
7) List 5 projects of a nature similar to this project:
Project Contract
Price
Name, Address and
Telephone Number of OwneF
See Attached
UrLo» 4) 04 RiAil 12,6 7S, 9ft r4., 5444 La•-» 4.7 - 2vr- S' ZS Ytro Xew 44i <- di taav 4i„„,„, 4 0.4: 71.( 140-7
00300- 5
SECTION 00300
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1
CI P PS 25- 14
BID PROPOSAL FORMS
LIST OF SUBCONTRACTOR&
The B i dder shall I i st 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' s Total Bid Price or ten thousand dollars ($ 10, 000), whichever is greater. Shall also Iist the portion of the WORK which will be done by such subcontractor, in accordance with Section 4104 of the Public Contract Code.
After the openi ng of bids, no changes or substituti onswi I I be allowed except as otherwise provi ded 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. Fai I ure 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 requi re a subcontractor, the Contractor shat I note that on this page by writing " Not Appl i cabl e" i n the Iist below.
Work to be
Performed
Subcontractor
Name
Subcontractor
Email and Phone
No.
California
Contractor' s
License No.
DIR No.
Percent of
Work
N/ A
Note: Attach additional sheets if required.
00300- 6
SECTION 00300
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1
CIPPS25- 14
BID PROPOSAL FORMS
ADDENDA
Bidder certifies he reviewed ARC Stodcton' swebsite for addenda within 48 hours of bid opening and adcnawledges receipt of the fol l owi ng addendum ( addenda):
1 5/ 26/026
05/ 28/026
Respectfully submitted,
R Sutton Enterprises LLC.
Dated Legal Name of Firm
Aaron Johnson
Signature of Authorized Representa¢ jve
If Bidder is a corporation, show State in which incorporated.) California LLC.
The ful I 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.
Member Brad Sutton
Member Mark Sutton
SECTION 00300
SIDEWALK AND LANDSCAPE Lr1PRO« 1E\ TS- PHASE i
CIP PS 25- 14
BID PROPOSAL FORMS
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE R. Sutton Enterprises, LLC
as PRINCIPAL, and Merchants Bonding Company ( Mutual)
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 ofLathrop to which the bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally. firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of S Ten Percent of Total Amount Bid ( 10%)
THE CONDITION OF THIS OBLIGATION IS SUCH,
1 HAT, 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: SIDEWALK AND LANDSCAPE LMPROVEMENTS— PHASE 1, CIP PS 25- 14
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.
LN WITNESS WHEREOF, we have hereunto set our hands and seals on this 27th , dy of May , 2026.
R. Sutton Enter rises LLC ( Seal) Merchants Bonding Company ( Mutual By: ( Seal)
Address: PO Box 237
Vallecito, CA 95251
rv—
By:\ V ' '.
Vicki Mather, Attorney -tire
Address: PO Box 2808 -
Portland, OR 97208
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 8
CALIFORNIA ALL- PURPOSE 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 Oregon
County of Clackamas
On 05/ 27/026
Date
personally appeared
before me, Jessica Noel Wimer, Notary Public
Insert Name of Notary exactly ask appears on the official seal Vicki Mather
Name( s) of Signer( s)
Notary Public,
OFFICIAL. STAMP
JESSICA NOEL WIMER
NOTARY PUBLIC - OREGON
COMMISSION NO. 1050033
MY COMMISSION EXPIRES JULY 28, 2028
Place Notary Seal Above
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 Califomia that the foregoing paragraph is true and correct.
Witness my h nd and official seal.
Signature
ure of Notary Public
Jessica Noel mer, My Commission expires 07- 28-028
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s
Name:
Individual
Corporate Officer— Ttle( s):
Partner Limited General
Attorney in Fact
X
Trustee
Guardian or Conservator
Other:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer' s
Name:
Individual
Corporate Officer— Title( s):
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
RIGHT THUI', 1EERii iT
OF SIGNER
Top of thumb here
Signer is Representing Signer is Representing:
MERCHANTS
BONDING COMPANY.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY ( MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY , an assumed name of Merchants National Bonding, Inc., (herein collectively called the " Companies") do hereby make, constitute and appoint, individually, Andrew Choruby; Ashlee Pingree; Brent Olson; Bryahna Byrd; Casey Geske; Chloe Lyons; Christopher A Reburn; Gloria Bruning; J Patrick Dooney; Jessi Wimer; Joel Dietzman; Justin Cumnock; Patricia Arndt; Richard W Kowalski; Sterling Drew Roddan; Vicki Mather their true and lawful Attomey( s)- in- Fact, to sign its name as surety( ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
This Power- of- Attomey is granted and is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of the Companies.
The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys- in- Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney - in -Fact includes any and all consents for the release of retained percentages and/ or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/ or its assignee, shall not relieve this surety company of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey- in- Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this tgth day of May 2026 Zt°' 4 •. ... IM. IN4pe,.
r -0- •o o.. t'ii '•.
z50%.. 2003 „ 2003 R:
y,•. .,'.•
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
MERCHANTS NATIONAL INDEMNITY COMPANY
By 7,
STATE OF IOWA
COUNTY OF DALLAS ss.
On this 19th day of May 2026 before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY ( MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.
Penni Miller
Commission Number 787952
My Commission Expires
January 20, 2027
Expiration of notary' s commission
does not invalidate this instrument)
I, Elisabeth , Sapfiersfeld, Secretary of MERCHANTS BONDING COMPANY ( MUTUAL), MERCHANTS NATIONAL BONDING, INC., and 013110KTIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER- OFVE exe' drted. bysaid Companies, which is still in full force and effect and has not been amended or revoked.
Aft h
s
2026• r f,•# tave: hereunto set my hand and affixed the seal of the Companies on this 27th day of May , Notary Public
Secretary
fA
SECTION 00300
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1
CI P PS 25- 14
BID PROPOSAL FORMS
STATE OF
COUNTY OF
Aaron Johnson
NON -COLLUSION AFFIDAVIT
ss.
being first duly sworn, deposes and says that he or she is Estimator of R Sutton Enterprises LLC. 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 i ndi redly 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 ay bidder or anyone el se 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 adva t e agai nst the public body awarding the contract of anyone interested i n the proposed contract; that all statements contained in the bid ae 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 pad, and will not pay, any fee to any corporation, patnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a col I usive or sham bid. 4a.;,, f h
Signature of: Presi$ ent, Secretary,
Manager, Project Manager or Representative
Calaveras
The County of
California
State of
Subscribed and swom to (or affirmed) before me
28 May 26
on this day of , 20 . by
Brad Sutton 25 , proved to
me on the basis of satisfactory evidence to be the
person( s) who appeared before me.
00300- 9
SECTION 00300
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1
CI P PS 25- 14
BID PROPOSAL FORMS
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAI RE
I n accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the fol l owi ng 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 V
If the answer is yes, explain the circumstances i n the fol I owi ng 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 s fai l ure 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 caitioned that making a false certification may subject the certifier to criminal prosecution.
SECTION 00300
SIDEWALK AND LANDSCAPE IMPROVEMENTS PHASE 1
CIPPS25- 14
BID PROPOSAL FORM S
AFFI RM ATI VE ACT I ON PROGRAM CERTIFICATE
The Bidder hereby certifiesthat Bidder is in oompliancewith the Civil Rights Act of 1964, Executive Order No. 11246, and all other applicable Federal and State lays and regulations relating to equal opportunity employment.
BIDDER 12 . Se., A r ach
C•
Signature)
Date)
R Sutton Enterprises LLC.
Bidder' sName:
Po Box 237 Vallecito , Ca 95251
Address:
The abovecertification of the Bidder regarding its affirmative on program shall be filled out completely, signed, and submitted by each Bidder and shall be a part of the Contract Documents.)
END OF SECTION)
SECTION 00300
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1
CIPPS25- 14
BID PROPOSAL FORMS
PUBLIC WORKSCONTRACTOR 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 contrail to perform public work must be registered with .the Department of Industrial Relations.
See https:// www. dir. cagov/ Publio- Works! PublicWorks. html for additional information.
No bid will be accepted nor aiy contrail entered into without proof of the contractor' sand 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 of Bidder:
R Sutton Enterprises LLC.
DIR Registration Number: 1001012216
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall i nd ude 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 dureti on of the project.
3. Fai lure to submit this form or comply with any of the above requirements may result in a fi ndi ng that the bid is non- respor ve.
Bidder' sSignature:
Bidder' sName and Title: Aaron Johnson
Firm:
Estimator
R Sutton Enterprises LLC.
Date: May 28,026
END OF DOCUMENT)
00300- 12
SECTION 00300
SIDEWALK AND LANDSCAPE IMPROVEMENTS - PHASE 1
CIPPS26- 14
BID PROPOSAL FORMS
CERTI Fl CATI ON OF D RUG -FREE WORKPLACE REQU I REM ENTS
BIDDER CERTIFICATIONS
1. The Bidder certifies that it will or will continueto provide a drug -free work place by:
A. Publ i shi ng a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a control led substance is prohibited i n the Bidder' swork place and specifying the actions that wi II be taken against employees for violation of such prohibition:
1. Making it a requirement that each employee to be engaged i n 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 empl oyee wi I I :
a Abide by the terms of the statement.
b. Notify the employer in writing of his or her conviction for aviolation of a criminal drug statute occurring in the work place no I afar 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 fol lowi ng actions, within 30 calendar days of receiving notice, with respect to any employee who is so convicted:
a) Taking appropriatepersonnel action against such an employee, up to and including termination, consistent with the requi rements of Federal and State law.
b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabi I i tali on 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 acci dent/ inci dent resulting in loss of life, injury or damage to the facility, or equipment, all personnel involved shall be required to submit to substance testi ng as soon as possi bla after the i nd dent, but not more than 4 hours after the incident.
00300- 13
SECTION 00300
SIDEWALK AND LANDSCAPE IMPROVEMENTS PHASE 1 BID PROPOSAL FORMS CIPPS25- 14
B. Establ i shi ng an ongoing drug -free awareness program to inform employees about:
1. The dangers of drug abuse i n the work pl ace.
2. The Bidder' spol icy of maintaining a drug -free work place.
3. Any avai I abl a drug Counseling, rehabilitation, and employee assistance programs. Thepenalties that may be imposed upon employees for drug abuse violations occurri ng i n the work pl ace.
C. Making a good fath 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 l ocati on( s) I isted and / or descri bed below:
San Joaquin County, City of Lathrop, along Slate Street between Stonebridge Lane aid Harlan Road.
BIDDER R Sutton Enterprises LLC.
Signale
May 28,026
Date)
SUTTON
ENTERPRISES
Po Box 237
Vallecito, Ca. 95251
209) 735- 4597
EXPERIENCE STATEMENT
DECEMBER 2019
aroject Name and Location: Calaveras County Administrative Office Capital Improvement Program #20- 1040-2- 38 County of Calaveras. Sheriffs office, 1045 Jeff Tuttle Dr, San Andreas, Calif. 95249 acility Owner: Calaveras County Sheriffs Dept.
Point of Contact: Albert Alt, County Administrative Officer ( 209) 754- 6025 Description of Project: Grading Lot to drain, Drain towards North end of property. excavation for installation of twelve - inch Culvert
Project Name and Location: Service Lateral Replacement Project, acility Owner: Paradise Irrigation District
oint of Contact: Blaine Alien 530- 877- 4971
Description of Project: Mobilization/ Demobilization and Potholing at various locations as determined throughout tr, aradise Irrigation District, resulting in the installation of 1. 312 new potable water service laterals. including hot taps. rafficcontrol, and asphalt restoration as needed.
2020
Project Name and Location: Sheriffs Office Fencing Project, County of Calaveras: Sheriff s office 1045 Jeff Tuttle Jr. San Andreas. Calif_ 95249
acility Owner and Operator Name: Calaveras County Sheriffs Dept. oint of Contact' County of Calaveras Administration Office Attn: Bonnie Rich, Deputy County Acimin Officer (209) 54- 6025
Description of Project: Remove existing five hundred ( 500) feet of eight ( 8) foot of cyclone fencing and one gate. einstail four hundred fifty ( 450) of existing cyclone fencing to back location of lot, and supply and install eight hundred irty ( 850) of two ( 2) strand barbed wire security fencing around north east side of lot. roject Name and Location: CCWD Expansion, Construction, and Reconstruction at Various Locations around 2alaveras County, Calif --- PO # To be issued as Task Orders and On -Call Agreement # 07/9 - CON -01. PO Box 608 San Andreas, Calif 95249
1 SUTTON
ENTERPRISES
PO Box 237
Vallecito, Ca. 95254
209) 735- 4597
aciiity Owner and Operator Name: Calaveras County Water District iaoint of Contact: Damion ( 209) 754- 3306 or Chris Zanardi ( 209) 352- 2934 Description of Project: Perform demolition and/ or removal of water and wastewater services as needed and irected by Calaveras County Water District. Construction, Trucking, Underground Utilities. Excavation, etc.
Project Name and Location: Paradise irrigation District, 6332 Clark Rd, Paradise Ca 95969 Facility Owner and Operator Name: Paradise Irrigation District Point of Contact Jim Ladrini ( 530) 877- 4971
Description of Project. Potable Water Service Replacement at up to 650 locations throughout the PID Service raa The scope encompasses mob/ de- mob and excavation of corporation. stopped at up to 850 locations, allowing for pproximateiy 30° tc, that was be discovered to have conditions not conductive to completing the service lateral p acerent under the contract. Each site was field evaluated and was determined to require shoring, traffic control.
Dr , ipactnon, testing and asphalt/ concrete restoration. 2021
Facility Owner and Operator Name: Pacific States- Sukut- P13, A Joint Venture, Paradise Calif rroject Name and Location: Structural Debris and Hazard Tree Removal — Northern Branch ( DRR20072) Dint of Contact: Aaron Johnson, (209) 872- 9978
description of Project: Haul burned vehicles, equipment, debris, and hazardous trees from place to place as irk is being done.
Project Name and Location: Matelot Pipeline Project, 23310 Pine Log Rd, Columbia, Ca Facility Owner and Operator Name: Tuolumne Utilities District Point of Contact: Jennifer Batt, (209) 532-536
Description of Project: Prepare area by cleaning and grubbing and screen native Backfill. Remove and replace 1, 689 LF of 14in C900 underground water lines by excavation and hand dig in various sections of the district, onstruction, trucking. underground utilities, concrete outlet structure, and erosion control. 2 SUTTON
ENTERPRISES
PO Box 237
Vaiiecito, Ca. 95251
209) 735- 4597
aroject Name and Location: Keith Plaster, Angels Camp Hwy 49, Angels Camp 2F9Q + 57 W Carson Hill. Calif new address is not stated yet, new construction)
acility Owner and Operator Name: Private project, Keith Plaster, (920) 217- 1785 Dint of Contact Keith Plaster. (920) 217- 1785
ascription of Project: New build, excavation to place septic tank, sewer lateral and leech field roject Name and Location: BVLF Pit Tank and Drain Replacement Project No. ITB 21-6, 6500 Buena Jssta Rd.. Amador County
acility Owner and Operator Name: Amador County Waste Management Dept. point of Contact: Jeff Gardner ( 209)23- 6546
Description of Project: Removal of existing metal tank, installation, and plumbing hookup of two new 5. 000- 3alion HDPE poly tanks on the same site.
2022
roject Name and Location: Waste Water System Upgrade and Improvement for the Calaveras County airgrounds
acility Owner and Operator Name: State of California, California Construction Authority point of Contact: CGA Michael Sellens ( 916) 23- 6155
3escription of Project: Prepare area by cleaning and grubbing. Upgrade and modify the existing wastewater treatment system that allows the Fair to operate under emergency and high use conditions by removing the 1d tanks and replacing them with a new 30, 000 -gal sewer tank, 2, 400' of sewer lines, and a 3, 600' leech Meld. This includes lines for the existing 68 RV hookups and construct new sanitary sewer manholes in inpaved areas.
June 2021 to June 2022
roject Name and Location: Culvert Replacement in Stanislaus County on State Route 132 at various ocations Contract # 10- A2249
3 SUTTON
ENTERPRISES
PO Box 237
Vallaclto, Ca. 95251
209) 735- 4597
Facility Owner and Operator Name: State of California, Department of Transportation Point of Contact: Ranbir Bhullar Ranbir. bhuliara© dot_ ca. gov Description of Project: Install culverts/ headwalls on Hwy 132 JULY 2022 to JULY 2026
roject Name and Location: Hauling Services for the Public Works Dept for Calaveras County acility Owner and Operator Name: Calaveras County Public Works Department Joint of Contact: Scott Anderson, Road Superintendent
Description of Project: Hauling material to various places in the county. 2023
roject Name and Location: Frontage Improvements Kiernan Ct, Salida, Calif acility Owner and Operator Name: City of Salida, County of Stanislaus Public Works Dept oint of Contact: Aaron Johnson ( 209) 872- 9978
escription of Project: Installed Storm Drains, Sewer Lines, and Manholes. roject Name and Location: Holtzel Road Storm Repair Project, Mariposa County acility Owner and Operator Name: County of Mariposa, Public Works Dept. joint of Contact: Melinda Rice ( 209) 966- 2828
escription of Project: Mobilization, Traffic Control, Detour Improvements, Debris and vegetation Removal, x 18' Headwall Improvements, Structure Excavation, 60 inch RCP, Structure Backfill, Embankment fill, rive approach and fence.
roject Name and Location: Cal -Trans Route 120, Escalon, Calif. acility Owner and Operator Name: State of Calif, Department of Transportation Contract # 10-N3104 4 SUTTON
ENTERPRISES
PO Box 237
Vallecito, Ca. 95251
209) 735- 4597
Point of Contact: RE Mason Engineering ( 209) 256- 1136 Description of Project: Raising Water Boxes and Vaults, cleaning the tare off Highway 120 2024 .
Project Name and Location: Century Debenedetti Storm Drain Outfall, City of Lodi Facility Owner and Operator Name: City of Lodi, City Hall Point of Contact: Sean Nathen, City Engineer (209) 333- 6710 Description of Project: Constructing a new manhole on an existing 48 -inch storm drain pipe, installing 60 linear feet of 36 -inch storm drain pipe, constructing a new outfall structure, and other incidental and related work.
roject Name and Location: Hornitos Road Pavement Dig Outs Facility Owner and Operator Name: County of Mariposa Department of Public Works in1 ,.)f Contact: Claudia Gonzales (209) 966- 5356
Description of Project: Remove and replace roadway 4" hot mix Asphalt ( dig outs) Project Name and Location: Booster Way Sewer Replacement Project 1168 Booster Way. Angels Camp.
L; a 95222
Facility Owner and Operator Name: City ofAngels
Point of Contact: Dave Richard ( 209) 707- 3325
Description of Project: Removal of exposed and buried sewer pipelines, removal of manholes, bypass dumping, construction of replacement sewers/ manholes including stream crossings, and restoration of surfaces following pipeline construction or areas where pipelines/ manholes are removed and not replaced.
Project Name and Location: Culvert Replacement, Mariposa County near Coulterville zacility Owner and Operator Name: State of California, Department of Transportation Contract # 10 -A2521 oint of Contact: Kimberly Reap, Contract Officer
5 SUTTON
ENTERPRISES
PO Box 237
Vallecito, Ca, 95251
209) 735- 4597
Description of Project: Culvert replacements, headwalls, and other drainage improvements oject Name and Location: Culvert Replacement, Los Banos, Merced County Facility Owner and Operator Name: State of California, Department of Transportation Contract # 10- X12552 Point of Contact: Jagga Dhami
Description of Project Replace Culverts in various areas on Hwy 152 roject Name and Location: Sidewalk Rehabilitation, Copperopolis, Ca Facility Owner and Operator Name: Copper Valley Community Services District Point of Contact: Nicole McCutchen 209-72- 057
Description of Project: Remove existing sidewalks, dead trees, shrubbery, and asphalt. Replace with new sidewalks, asphalt, curb gutter and sidewalk.
Project Name and Location: SUKUT Construction, Wagon Wheel Project, Angels Camp. Ca Facility Owner and Operator Name: Calaveras County, Department of Public Works Point of Contact: Jeff Golden
Description of Project: Off Hauling, Hauling
2025
Project Name and Location: Potter Creek Pump Station Upgrade Project, in Linden Calif.
Facility Owner and Operator Name: Stockton East Water District of Contact: David Strohm
Description of Project: Demolishing and removing approximately 110 LF 12" steel pipe and 70 LF 24" steel pipe. Relocation of an existing steel farm gate. Installing 3 butterfly valves, 3 air valves and 1 flow meter, to weld 180LF x 30" pipe Manifold, build vault and concrete outlet structure. 6 PAGE LEFT
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