ITEM 4. 16
CITY MANAGER' SREPORT
AUGUST 10, 2026 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A CONTRACT WITH CERVANTES
LANDSCAPE SERVICES, INC. FOR CONSTRUCTION OF
GROUTED COBBLES FOR MOSSDALE LANDSCAPE
REHABILITATION, CIP GG 25- 06 AND APPROVE
BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Approve a Contract with Cervantes Landscape Services, Inc. for Construction
of Grouted Cobbles for Mossdale Landscape
Rehabilitation, CIP GG 25- 06 and Approve Budget
Amendment
SUMMARY:
On September 9, 2024, City Council approved the creation of Mossdale Landscape Rehabilitation, Capital Improvement Project ( CIP) GG 25- 06 to restore streetscape along McKee Boulevard and Barbara Terry Boulevard in the Mossdale Area. The subject contract is for the installation of 2"- 4" Noya cobbles in concrete beds Project), comprising one of four landscape elements to be used for park strip, streetside and median landscaping in Mossdale.
The plans and specifications for the cobbles installation were prepared by staff and advertised for bid on June 23, 2026 pursuant to bidding procedures in California Public Contract Code 22037 and Lathrop Municipal Code 2. 36. 060.
The City Clerk received and opened seven ( 7) bids for the Project on July 7, 2026, all determined to be responsive and from responsible bidders. The bid results are summarized in Table 1 below:
Groute
Table 1: Summary of Bid Results
Contractor Total Bid
Cervantes Landscape Services, Inc. 175, 500
M4 Concrete and Drywall 175, 875
FBD Vanguard Construction, Inc. 6188, 110
United Pavement Maintenance, Inc. s200, 647
Westside Landscape & Concrete, Inc. 228, 021
Solves All Engineering 236, 050
Marina Landscape, Inc. 272, 500
Upon review and evaluation of the bids, the bidder with the lowest bid for the Project was determined to be Cervantes Landscape Services, Inc. ( Cervantes Landscape) with a bid of $ 175, 500.
CITY MANAGER' SREPORT PAGE 2
AUGUST 10, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONTRACT WITH CERVANTES LANDSCAPE SERVICES, INC. FOR
CONSTRUCTION OF GROUTED COBBLES FOR MOSSDALE LANDSCAPE
REHABILITATION, CIP GG 25- 06 AND APPROVE BUDGET AMENDMENT Staff request that City Council approve a contract with Cervantes Landscape in the amount of $ 175, 500 for the construction of the Project. Staff request that City Council approve a 20% construction contingency in the amount of $ 35, 100 for construction of the Project and $ 50, 000 for the purchase of materials such as decomposed granite, synthetic turf and plant material, and authorize staff to spend up to these amounts as necessary to achieve the goals of the Project.
Sufficient funds were not allocated in the adopted Fiscal Year ( FY) 2026-7 budget to CIP GG 25- 06 to fund the construction contract, requested contingency and materials cost; therefore, staff request a budget amendment transferring $ 60, 000 from the Landscape Reserves fund ( 1010) to the CIP Project fund ( 3010).
REASON FOR RECOMMENDATION:
Approval of the subject contract will provide decorative, durable and irrigation -free beds of fixed river cobbles to complement the decomposed granite, synthetic turf and drought -resistant plant materials also planned for CIP GG 25- 06.
FISCAL IMPACT:
The proposed construction contract with Cervantes Landscape is for $ 175, 500. A 20% construction contingency in the amount of $ 35, 100 for construction of the Project and $ 50, 000 for the purchase of materials is also requested.
The Project' scurrent funding is approximately $ 203, 000. To provide funding for the contract, construction contingency and materials purchase, staff request that City Council approve a budget amendment transferring $ 60, 000 from the Landscape Reserves fund ( 1010) to the CIP Project fund ( 3010) as detailed below.
Decrease Landscape Reserves
1010- 251- 07-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 25- 06
Increase Expenditures
3010- 8000- 420- 12- 00 GG 25- 06
ATTACHMENTS:
60, 000
60, 000
60, 000
60, 000
A. Resolution to Approve a Contract with Cervantes Landscape Services, Inc. for Construction of Grouted Cobbles for Mossdale Landscape Rehabilitation, CIP GG 25- 06 and Approve Budget Amendment
B. Contract with Cervantes Landscape Services, Inc. for Construction of Grouted Cobbles for Mossdale Landscape Rehabilitation, CIP GG 25- 06 CITY MANAGER' S REPORT PAGE 3
AUGUST 10, 2026 CITY COUNCIL REGULAR MEETING
APPROVE A CONTRACT WITH CERVANTES LANDSCAPE SERVICES, INC. FOR
CONSTRUCTION OF GROUTED COBBLES FOR MOSSDALE LANDSCAPE
REHABILITATION, CIP GG 25- 06 AND APPROVE BUDGET AMENDMENT APPROVALS:
7P29, Z6
Steven Hollenbeak Date
Assistant Engineer
7 30 •zozG
Brad Taylor Date
Public Works Director / City Engineer
Cari James Date
Director of Finance
7/4/ zoz(.
Thomas Hedegard Date
Deputy City Manager
3o• 22C.
Michael King Date
Assistant City Manager
o.- zoz6
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore
City Manager
Date
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE A CONTRACT WITH CERVANTES LANDSCAPE SERVICES, INC. FOR
CONSTRUCTION OF GROUTED COBBLES FOR MOSSDALE LANDSCAPE
REHABILITATION, CIP GG 25- 06 AND APPROVE BUDGET AMENDMENT WHEREAS, on September 9, 2024, City Council approved the creation of Mossdale Landscape Rehabilitation, Capital Improvement Project ( CIP) GG 25- 06 to restore streetscape along McKee Boulevard and Barbara Terry Boulevard in Mossdale; and
WHEREAS, on June 23, 2026, the City solicited bids for the construction of the grouted cobble beds ( Project) pursuant to bidding procedures in California Public Contract Code 22037 and Lathrop Municipal Code 2. 36. 060; and WHEREAS, a total of seven ( 7) bids were received and opened by the City Clerk on July 7, 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 Cervantes Landscape Services, Inc. (Cervantes Landscape) with a bid of $ 175, 500; and WHEREAS, staff request that City Council approve a contract with Cervantes Landscape in the amount of $175, 500 for the construction of the Project; and WHEREAS, staff request that City Council approve a 20% construction contingency in the amount of $ 35, 100 for construction of the Project and $ 50, 000 for the purchase of materials such as decomposed granite, synthetic turf and plant material, and authorize staff to spend up to these amounts as necessary to achieve the goals of the Project; and
WHEREAS, staff request a budget amendment transferring $ 60, 000 from the Landscape Reserves fund ( 1010) to the CIP Project fund ( 3010) as detailed below:
Decrease Landscape Reserves
1010- 251- 07-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 25- 06
Increase Expenditures
3010- 8000- 420- 12- 00 GG 25- 06
60, 000
60, 000
60, 000
60, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve a contract with Cervantes Landscape for the construction of the Project for a cost of $ 175, 500; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a 20% construction contingency in the amount of $ 35, 100 for construction of the Project and $ 50, 000 for the purchase of materials such as decomposed granite, synthetic turf and plant material, and authorize staff to spend up to these amounts 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.
The foregoing resolution was passed and adopted this 10th day of August 2026 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS O FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Attachment
0 11
INSTALLATION OF GROUTED COBBLES CONSTRUCTION CONTRACT
CIP GG 25- 06
CONSTRUCTION CONTRACT
This Contract, dated August 10, 2026, is entered into by and between the City of Lathrop City"), a municipal corporation of the State of California ( City), and Cervantes Landscape Services, (Contractor), whose Taxpayer Identification Number is 27- 4833736.
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 Installation of Grouted Cobbles , CIP GG 25- 06 (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 construction of streetside and median landscape wet -set grouted cobbles in approximately 80 pre -graded and pre -formed areas ranging from 50 to 200 square feet each along a corridor approximately one mile in length as shown on the Project Location Map — Attachment A and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 40 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: $ 175, 500 — One Hundred Seventy -Five Thousand, Five Hundred Dollars
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by Cervantes Landscape Services on July 7, 2026. For the purposes of construing, interpreting and resolving inconsistencies
INSTALLATION OF GROUTED COBBLES CONSTRUCTION CONTRACT
CIP GG 25- 06
between the provisions of this Contract, these documents and the provisions thereof are set forth in the order of precedence described in Article 3 of the General Conditions.
4. Compensation. In consideration of Contractor' sperformance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.
Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.
5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' spersonal property or the personal property of any person performing labor or services or supplying materials or equipment under the Project.
Contractor shall furnish City with the certificates of insurance and with original endorsements effecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.
6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' 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.
INSTALLATION OF GROUTED COBBLES CONSTRUCTION CONTRACT
CIP GG 25- 06
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
INSTALLATION OF GROUTED COBBLES CONSTRUCTION CONTRACT
CIP GG 25- 06
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) Exlress 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' 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 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
INSTALLATION OF GROUTED COBBLES CONSTRUCTION CONTRACT
CIP GG 25- 06
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. 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
INSTALLATION OF GROUTED COBBLES CONSTRUCTION CONTRACT
CIP GG 25- 06
respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the 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;
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.
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;
3)
5)
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;
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 7)
INSTALLATION OF GROUTED COBBLES CONSTRUCTION CONTRACT
CIP GG 25- 06
pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;
9) There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' 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 ofthis Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
INSTALLATION OF GROUTED COBBLES CONSTRUCTION CONTRACT
CIP GG 25- 06
16. Miscellaneous.
1)
To City: City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: (209) 941- 7449
ATTN: Project Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time
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CIP GG 25- 06
8)
to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
INSTALLATION OF GROUTED COBBLES CONSTRUCTION CONTRACT
CIP GG 25- 06
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractor and subcontractors must comply with the regulations imposed by California Air Resources Board (" CARB") including, without limitation, Title 13, California Code of Regulations Division 3, Chapter 9, and all pending amendments Regulation").
20) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
21) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 22) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
23) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
24) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
INSTALLATION OF GROUTED COBBLES CONSTRUCTION CONTRACT
CIP GG 25- 06
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.
INSTALLATION OF GROUTED COBBLES CONSTRUCTION CONTRACT
CIP GG 25- 06
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
Seal:
CONTRACTOR:
By:
Name: Alejandro Cervantes
Title: CEO
By:
Name:
Title:
CITY OF LATHROP
APPROVED AS TO FOR
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Brad Taylor, Public Works Director / City Engineer
APPROVED:
By:
Stephen J. Salvatore, City Manager
EXHIBIT A
SECTION 00300
INSTALLATION OF GROUTED COBBLES BID PROPOSAL FORMS
CIP GG 25- 06
BID PROPOSAL FORMS
TO: City of Lathrop
390 Towne Centre Drive
Lathrop. CA 95330
ATTENTION: City Clerk
FOR: INSTALLATION OF GROUTED COBBLES, CIP GG 25- 06
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 ifthis Bid is accepted he will contract with the City ofLathrop, in the form ofthe Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ orFederal, 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, ifthis bid solicitation includes additive or deductive items, the method checked below will be used to determine the lowest bid. Ifno method is checked, subparagraph ( A) will be used to determine the lowest bid. City retains the right to add to or deduct from the Contract any of the additive or deductive alternates included in Bid Proposal.
00300- 1
SECTION 00300
INSTALLATION OF GROUTED COBBLES BID PROPOSAL FORMS
CIP GG 25- 06
X ( A) The lowest bid will be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items.
B) The lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation or Bid Proposal as being used for the purpose of determining the lowest bid price.
C) The lowest bid will be the lowest total of the bid prices on the base contract and those additive and deductive items taken in order from a specifically identified list of those items that, when in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a
funding amount publicly disclosed by City before the first bid is opened.
D) The lowest bid will be determined in a manner that prevents any information that would identify and 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. 00300- 2
SECTION 00300
INSTALLATION OF GROUTED COBBLES
CIP GG 25- 06
BID PROPOSAL FORMS
INSTALLATION OF GROUTED COBBLES, CIP GG 25- 06
BID SCHEDULE
ITEM DESCRIPTION QUANTITY UNITS
PRICE
EXTENDED
1 Mobilization / Bonds / Insurance 1 LS 99 ,-t5O y- DQ1,' tS¢2_ act ,poc. s;
I1$V, 1SO`
S 17S, 5OO=-
2 Traffic Control 1 E LS q, C0Cj;:.
3 6it..O
Furnish & Pour PCC Beds and
Furnish & Place 2"- 4" Noya
Cobbles in Pr - Graded and PreFormed as
TEAL BID
9. 500 SF
TOTAL BID : _n_ __
TOTAL BID IN WORDS : Nun, 4tC, dSe_vLtrkvt - F; ve- T' ote4O nci C ivt, J
Nu r d arid 2. exe.
00300- 3
SECTION 00300
INSTALLATION OF GROUTED COBBLES BID PROPOSAL FORMS
CIP GG 25- 06
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 ifthe Bid is based on a careful study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Additional sheets shall be attached as required.
BIDDER' SINFORMATION
1) Bidder' s name and address:
ti/C..nva rnl- eg tolndithecixPr. SPA -v.% c- risA T. Anc, 1(e4q Ste a+r+ore Ave , Po exbora, CA ctt• scb
2) Bidder' stelephone number: LZoq) 2.1' - - q.%L0 t
3) Bidder' semail address: ci"• rv,a," f.erbla., rdseap;,, e' . ca•+ 4) Bidder' s Contractor' sLicense # / Expiration Date / Classification:
tozb4 7 / e i I % t / 215221 / G -. 2_, et_ -4s, o -tool 5) Bidder' s DIR Registration # / Expiration:
t
of o tit 16541 / DER / % b./ z02_ 13i
6) Person who inspected site of proposed work for Contractor' sfirm:
Name: A1tjAsacfr_ Gc-„ eunkrsDate of Inspection: *, 4t d I , ZjZ24p 9c re: 2.
7) List 5 projects of a nature similar to this project:
Project Contract
Price
Name, Address and
Telephone Number of Owner
M cGo inrsGll P e1/ 4.-. 14
PlAO\ SL 2_
M Zs5,1326S
Ire ?.O GL1G. Cs r 81dEttc Chr cuG, A
tape.
Poo -%e.
14e rnor A.1
PoArltly r 11151, 3' 11% u
po. v;ol tao not : (, 5 la 3 clot• •- 4%2
WWI ° woNnt' prr .,4G, 64. 4,e. Z'
15,5
13 0.% ot cA- tirn HGtltictrab 42,, s ,'1f52u,' 41
7o. e: No flownl F (..? l9q ) 5' 3 5 - 14012-
R. ocic- hawan OrWe., Moe( lbkc, e.A
bald tan 2ooud
tl32q, 43iou' t+4tt
Joo, Madia, ng
t4tottawea% .C. 20q) 5' SS -'t0t2.
acc. l. i
can pr• ve_, Rode- O, G4
Spo, r4rourN waw,
Red et VeinG G 01)= 34 ;MS - 6° 1O
C.*,
tewKC.
04 Lathrrop: L. oglgii1-' 14 65
Cetityre. Der- SW., lt#MK^ de, GA
00300- 4
SECTION 00300
DiSTALLATION OF GROUTED COBBLES BID PROPOSAL FORMS
CEP GG 25- 06
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' sTotal Bid Price or ten thousand dollars ($10, 000), whichever is greater. Shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4104 of the Public Contract Code.
After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted. Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing Not Applicable" in the list below.
Work to be
Performed
Subcontractor
a Name
Subcontractor
Email Address
and Phone #
California
Contractor' s
License No.
DIR No.
Percent
of Work
1rakPltiG ; De. LATete• re.
c oriI vet T* eke. 9. .
t:. or+ vo1
ie+ po0de- to,
O4 : c,
4155961- o1. t"b
M1165 2. zoe000l
osY,
1 I
Note: Attach additional sheets if required.
00300- 5
SECTION 00300
INSTALLATION OF GROUTED COBBLES BID PROPOSAL FORMS
CJP GG 25- 06
ADDENDA
Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours of bid opening and acknowledges receipt of the following addendum ( addenda):
Respectfully submitted,
O14 2. 02. L2 , l",/ C. xnIalnk iays- dlSeJ' PG. 4+r-xvkoS,' 1nG. ted Legal Name of Firm
Sig ethire ofAuthorized Representative
Seal)
If Bidder is a corporation, show State in which incorporated.) 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 ofpartnerships and joint ventures, give naives and Post Office addresses of all the individual members.
C, tsrva eksc.% orv.( A
Pr, S der* _IM ; oehdr0 C. e'- vai. ntc Perez
Clee- k- r i. Ateov dro C. ex- van keen Pe . z
cry.% ure- r : A !c
Jarc+ to! Gelc' vn, tt PcnerZ
etr‘ n9r1- ' A1tcxrdro G er var+Vc5
00300- 6
SECTION 00300
INSTALLATION OF GROUTED COBBLES BID PROPOSAL FORMS
CIP GG 25- 06
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE C L S/ Cervantes Landscape Services Inc.
as PRINCIPAL, and Granite Re, Inc. dba Granite Surety 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 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. finely by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ Ten Percent of Bid Amount ( 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 Hall, 390 Towne Centre Drive, Lathrop, CA: INSTALLATION OF GROUTED COBBLES, CIP GG 25- 06.
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 7 day
of fly , 20 26
C L S/ Ceryantes Landscape Granite Re, Inc. dba Granite Services Inc. ( Seal) Surety Insurance Company ( Seal
f
w,. '
l,s—
Seal)
Kenneth D. Wh' Cington, Attorney -in -Fact
Address: 16649 Sycamore Avenue Address: 14001 Quailbrook Drive Patterson, CA 95363 Oklahoma City, OK 73134
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 7
ACKNOWLEDGMENT OF SURETY
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 the document.
State of
County of . 5" fA/ 2J Cr L zu, 6
On this I day of U121
ACKNOWLEDGMENT OF PRINCIPAL.
Prier et,)( Yeul
Name of Signer
whose name is subscribed to the within instrument and acknowledged to me that he/ she executed the same in his/er - authorized capacity, and that by his/, eraignature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
A Pubis C20 2( p, before me • EznmC2
6 Publsersonally appeared
Here insert Name and Tide f Officer
who proved to me on the basis of satisfactory evidence to be the person A. GOMEZ
Notary Public • California
San Joaquin County
Commission it 2512053
My Comm. Expires Mar 10, 2029
I :certify under the 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
Signature of Notary Public
State of Oklahoma
County of Oklahoma
On this 7 day of July, 2026 before me personally come( s) Kenneth D. Whittington, Attorney -in -Fact of Granite Re, Inc. DBA Granite Surety Insurance Company with whom I am personally acquainted, and who, being by me duly swom, says that he reside( s) in Oklahoma City, Oklahoma that he is the Attomey- in- Fact of Granite Re, Inc. DBA Granite Surety Insurance Company, the company described in and which executed the within instrument; that he know( s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and he signed said instrum = as P rnex( s)- in- Fact of the said Company by like order.
Notary Public
1iitl/ l
O8 A% SIA... ./tV,
19002899
s EXP. 03/ 19/ 27
i CP
Ar P
l i 111 ```•
GR- 34 (CA) Ed. 01- 22
GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of MINNESOTA and having its prindpal office at the qty of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
KENNETH D. WHITTINGTON; KYLE MCDONALD its true and lawful Attomey- in- Fact( s) for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said:
KENNETH D. WHiTTINGTON; KYLE MCDONALD may lawfully do In the premises by virtue of these presents.
M Witness Whereof, the said GRANITE RE, INC DBA GRANITE SURETY INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Assistant Secretary, this 31n day of July, 2023.
Kenneth D. Whitt' on, President
STATE OF OKLAHOMA )
SS:
COUNTY OF OKLAHOMA )
On this 31 day of July, 2023, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by Ilke order as President and Assistant Secretary, respectively, of the Company.
My Commission Expires:
April 21, 2027
Commission #: 11003620
7n' zJ
K le' P. McDonald t
NotaryPublic
Assi stant
i
stant Secretary
OulutGRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY, a Minnesota Corporation, HEREBY CERTIFIES that the following resolution Is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of GRANITE RE, INC. DBA GRANITE SURETY INSURANCE COMPANY and that said Power of Attorney has not been revoked and is now In full force and effect.
RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys - in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business.
On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." tl ltlr,
IN WITNESS WHEREOF, the undersigned has su, ls1 if to and affixed the corporate seal of the Corporation this 0 . app? 0RgrF July 7 , 2026.
GR- 40 (CA) Ed. 06- 24 ill ill%
Kyle 1:/ McDonald, Assistant Secretary
SECTION 00300
INSTALLATION OF GROUTED COBBLES BID PROPOSAL FORMS
CIP GG 25- 06
NON -COLLUSION DECLARATION
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN
SS.
At e. rnnde b
Centrk„* e5pee rz, being first duly sworn, deposes and says that he or she is L E b of g e,ruive" A, the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Sign ttire of: President, Secretary,
Manager, Project Manager or Representative
00300- 8
SECTION 00300
INSTALLATION OF GROUTED COBBLES BID PROPOSAL FORKS
CIP GG 25- 06
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:
Has the Bidder, any officer of the Bidder, or any employee of the Bidder, who has a proprietary interest in the Bidder. ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state. or local government project because of a violation of law or a safety regulation? Yes No /
If the answer is yes, explain the circumstances in the following space.
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- 9
SECTION 00300
INSTALLATION OF GROUTED COBBLES BID PROPOSAL FORMS
CIP GG 25- 06
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)
J (
n' T
121a' Lln
Date)
Bidder' sName: ( S c_Ecvam{ GQa Lar,d!, ca: Tc
Address: 1ta, 5&a Sye.. am3v- Y- Ave , Pout- e_c-sart, CA at5 3 3 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.)
00300- 1
SECTION 00300
INSTALLATION OF GROUTED COBBLES BID PROPOSAL FORMS
CIP GG 25- 06
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 Ts ,. xir,z., g tl }' trsc- 1 'of1; 4i' f;rh4 httill for additional information.
No
and
bid
subcontractors'
will be accepted
current
nor any contract entered into without confirmation of the contractor' s 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: G LS I C ricv„ nsttetm i art iSc tve- Sea-. vt , - tom .
DIR Registration Number: 100 Z t 13se4
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725. 5and 1771. in it contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non -responsive.
Bidder' sSignature:
Bidder' sName and Tit e: Ate -3. 0. dv^ o ; C. E.
Firm: LLB / e_Jr• VearOe t_ar
dSctkv, t .%e- t-ric e_y, =inc.
Date: aw,, ©'t _,_2. 02. 142
00300- 11
SECTION 00300
INSTALLATION OF GROUTED COBBLES BID PROPOSAL FORMS
CIP GG 25- 06
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 ofthe statement.
b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the work place no later than 5 calendar days after such conviction:
1) Notifying the Owner in writing within 10 calendar days after receiving notice from an employee or otherwise receiving actual notice of such conviction.
2) Taking 1 of the following actions, within 30 calendar days ofreceiving notice, with respect to any employee who is so convicted:
a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of Federal and State law.
b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enforcement, or other appropriate agency.
c) Notify the employee that in the event of a major accident/ incident resulting in loss of life, injury or damage to the facility, or equipment, all personnel involved shall be required to submit to substance testing as soon as possible after the incident, but not more than 4 hours after the incident.
00300- 12
SECTION 00300
INSTALLATION OF GROUTED COBBLES BID PROPOSAL FORMS
CIP GG 25- 06
B. Establishing an ongoing drug -free awareness program to inform employees about:
1. The dangers of drug abuse in the work place.
2. The Bidder' spolicy 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:
Both sides and medians of McKee Blvd. from Autumn Rain Dr. to Barbara Terry Blvd.
North side only ofBarbara Terry Blvd., from McKee Blvd. to Spartan Way All medians of residential streets immediately intersecting McKee Blvd. and Barbara Terry Blvd, within the nodes described above.
BIDDER
5u1
u,
6, ? 211
Date)
END OF SECTION)
00300- 13
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INTENTIONALLY
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