ITEM4. 15
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: CREATE FIRE STATION 34 SAFETY UPGRADES, CIP GG
27- 04, APPROVE A CONSTRUCTION CONTRACT WITH
TIM PAXIN' S PACIFIC EXCAVATION, INC. DBA
PACIFIC EXCAVATION, AND APPROVE BUDGET
AMENDMENT
RECOMMENDATION: Adopt Resolution to Create Fire Station 34 Safety Upgrades CIP GG 27- 04, Approve a Construction
Contract with Tim Paxin' sPacific Excavation Inc. DBA
Pacific Excavation, and Approve Budget Amendment
SUMMARY:
Fire Station 34 is located on River Islands Parkway, a six -lane arterial roadway with relatively high traffic volumes and operating speeds. Emergency vehicles exiting the station must cross multiple travel lanes to access the opposite direction of travel, creating potential conflicts with approaching vehicles. The proposed Opticomactivated flashing yield sign system will provide advance warning to motorists when emergency vehicles are exiting or crossing the roadway, improving safety for emergency responders and the traveling public.
Plans and specifications for the installation of the City -furnished SWARCO/ RTC Fire Station Warning System at Fire Station 34 ( Project) were advertised on August 6, 2026, in accordance with California Public Contract Code ( PCC) Section 22034 and Lathrop Municipal Code ( LMC) Section 3.0. 060. On August 20, 2026, the City received four bids. Following staff review, Tim Paxin' sPacific Excavation, Inc. DBA Pacific Excavation ( Pacific Excavation) was determined to be the lowest responsive and responsible bidder, with a base bid of $ 49, 670.
Staff request that City Council approve the creation of Capital Improvement Project CIP) GG 27- 04 Fire Station 34 Safety Upgrades, award a construction contract to Pacific Excavation in the amount of $ 49, 670 and authorize a 15% contingency of 7, 451 for a total construction budget not to exceed $ 57, 121, and approve a budget amendment transferring $ 100, 00 from the Measure C Fund ( 1060) contingent upon review by the Measure C Oversight Committee to the General CIP Fund ( 3010).
BACKGROUND:
The Project will install a City -furnished SWARCO/ RTC Fire Station Warning System at Fire Station 34 to improve safety for emergency vehicles exiting the station and crossing River Islands Parkway. The work includes installation of four Opticomactivated flashing yield sign assemblies on. new Type 1B poles, including shoulder - and median - mounted signs on each approach to the station' seastern driveway. The Project also includes installation of an AC -powered network cabinet, Opticom card, CITY MANAGER' S REPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE FIRE STATION 34 SAFETY UPGRADES, CIP GG 27- 04, APPROVE A CONSTRUCTION CONTRACT WITH TIM PAXIN' SPACIFIC EXCAVATION, INC.
DBA PACIFIC EXCAVATION, AND APPROVE BUDGET AMENDMENT
four pole foundations, one cabinet foundation, electrical conduit and conductors from the existing point of service, system testing and activation, temporary traffic control, and restoration of disturbed landscaping.
The AC -powered cabinet will use a nearby existing electrical connection and will activate the warning system when Opticom- equipped Fire Station 34 emergency vehicles approach the station driveway. To avoid potential construction delays, the City procured the long -lead materials in advance of construction award. These materials include the RTC Fire Station Warning System, Opticom card, and network cabinet components, which have an estimated lead time of approximately 12 weeks from receipt of order.
Plans and specifications for construction of the Project were advertised on August 6, 2026, pursuant to PCC Section 22034 and LMC Section 3.0. 060. On August 20, 2026, the City received four responsive and responsible bids, summarized in Table 1. Pacific Excavation submitted the lowest bid of $ 49, 670. Staff reviewed the bid and recommends award of the construction contract to Pacific Excavation.
Table 1: Summary of Bid Results
Contractor Base Bid
Tim Paxin' s Pacific Excavation, Inc. 49, 670. 0
Saint Francis Electric, Inc. 52, 280. 0
City Light Construction LLC 62,28. 00
Bockmon & Woody Electric Co., Inc. 70, 486. 09
Staff also recommend Council approve the creation of CIP GG 27- 04 Fire Station 34 Safety Upgrades and a budget amendment.
REASON FOR RECOMMENDATION:
Approval of the Project will allow installation of an Opticom- activated advance - warning system to alert motorists when emergency vehicles are exiting or crossing River Islands Parkway, thereby improving safety for emergency responders and the traveling public.
FISCAL IMPACT:
To avoid construction delays associated with an estimated 12 -week lead time, the City procured the City -furnished materials in advance of construction award. The estimated Project costs are summarized below:
RTC Fire Station Warning System: $ 33, 207. 90
Opticom card: $4, 079
Network cabinet and related components: $709. 60
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE FIRE STATION 34 SAFETY UPGRADES, CIP GG 27- 04, APPROVE A CONSTRUCTION CONTRACT WITH TIM PAXIN' SPACIFIC EXCAVATION, INC.
DBA PACIFIC EXCAVATION, AND APPROVE BUDGET AMENDMENT
The proposed construction contract with Pacific Excavation is for $ 49, 670. A 15% contingency is requested in the amount of $ 7, 451 for a total construction budget of 57, 121.
Staff request City Council approve a budget amendment transferring $ 100, 00 from Measure C fund ( 1060) contingent upon review by the Measure C Oversight Committee to the General CIP fund ( 3010) as follows:
Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 27- 04
Increase Appropriation
3010- 8000- 420- 12- 00 GG 27- 04
ATTACHMENTS:
100, 00
100, 00
100, 00
A. Resolution to Create Fire Station 34 Safety Upgrades, CIP GG 27- 04, Approve a Construction Contract with Tim Paxin' s Pacific Excavation, Inc. DBA Pacific Excavation, and Approve Budget Amendment
B. Construction Contract with Tim Paxin' s Pacific Excavation, Inc. DBA Pacific Excavation for Fire Station 34 Safety Upgrades, CIP GG 27- 04 CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE FIRE STATION 34 SAFETY UPGRADES, CIP GG 27- 04, APPROVE A CONSTRUCTION CONTRACT WITH TIM PAXIN' SPACIFIC EXCAVATION, INC.
DBA PACIFIC EXCAVATION, AND APPROVE BUDGET AMENDMENT
APPROVALS:
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Veronica Albarran Date
Assistant Engineer
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Bra6Jaylor DatePubl Works Director/ City Engineer
Cari Ja
Finance ctor
Thomas Hedegard
Deputy City Manager
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Date
Date
V 9. 4 • Zoz (o
Michael King Date
Assistant City Manager
Salvador Navarrete Date
City Attorney
Steph n J. Salvatore Date
City Manager
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE FIRE STATION 34 SAFETY UPGRADES, CIP GG 27- 04, APPROVE A CONSTRUCTION CONTRACT WITH TIM PAXIN' SPACIFIC EXCAVATION, INC.
DBA PACIFIC EXCAVATION, AND APPROVE BUDGET AMENDMENT
WHEREAS, Fire Station 34 is located along River Islands Parkway, a six -lane arterial roadway where emergency vehicles exiting the station must cross multiple travel lanes to access the opposite direction of travel; and WHEREAS, the City proposes to create Capital Improvement Project ( CIP) GG 27- 04, Fire Station 34 Safety Upgrades ( Project), to improve safety for emergency responders and the traveling public through installation of an Opticom- activated flashing yield sign warning system; and
WHEREAS, the Project scope of work includes installation of the City -furnished SWARCO/ RTC Fire Station Warning System, including four Opticom- activated flashing yield sign assemblies on new Type 1B poles, an AC -powered network cabinet, Opticom card, pole and cabinet foundations, electrical conduit and conductors, system testing and activation, temporary traffic control, and restoration of disturbed landscaping; and
WHEREAS, the City procured the Tong - lead RTC warning system, Opticom card, and network cabinet components in advance of construction award to avoid delays associated with an estimated 12 -week lead time; and WHEREAS, plans and specifications for construction of the Project were advertised on August 6, 2026, in accordance with bidding procedures in California Public Contract Code ( PCC) Section 22034 and Lathrop Municipal Code ( LMC) Section
3.0. 060; and
WHEREAS, staff received and opened four (4) bids on August 20, 2026; and WHEREAS, after review and evaluation, the lowest responsive and responsible bidder was determined to be Tim Paxin' s Pacific Excavation, Inc. DBA Pacific Excavation ( Pacific Excavation), with a bid of $49, 670; and WHEREAS, staff request City Council approve a construction contract with Pacific Excavation for construction of the Project in the amount of $ 49, 670 and authorize a 15% construction contingency of $ 7, 451, for a total construction budget of $ 57, 121; and
WHEREAS, staff request City Council approve the creation of CIP GG 27- 04, Fire Station 34 Safety Upgrades and a budget allocation in the amount of $ 100, 00 from the Measure C Fund ( 1060) to the General CIP Fund ( 3010) as detailed below, contingent upon approval by the Measure C Oversight Committee:
Increase Transfer Out
1060- 9900-90- 9010
Increase Transfer In
3010- 9900- 393- 0000 GG 27- 04
Increase Appropriation
3010- 8000- 420- 12- 00 GG 27- 04
100, 00
100, 00
100, 00
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve the creation of Fire Station 34 Safety Upgrades, CIP GG 27- 04; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a construction contract with Tim Paxin' s Pacific Excavation, Inc.
DBA Pacific Excavation for Fire Station 34 Safety Upgrades, CIP GG 27- 04, in the amount of $49, 670; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby authorizes a 15% construction contingency of $7, 451, for a total construction budget not to exceed $ 57, 121, and authorizes staff to expend 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.
PASSED AND ADOPTED by the City Council of the City of Lathrop this 14th day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas
City Clerk
Salvador Navarrete
City Attorney
ATTACHMENT
0.4 •
CONSTRUCTION CONTRACT
This Contract, dated September 14, 2026, is entered into by and between the City of Lathrop (" City"), a municipal corporation of the State of California ( City), and Tim Paxin' s Pacific Excavation, Inc. DBA Pacific Excavation, (Contractor), whose Taxpayer Identification Number is 95- 4398585.
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, andshall 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 Fire Station 34 Safety Upgrades, CIP GG 27- 04 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.
The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to the installation of four Opticom- activated flashing yield sign assemblies on new Type 1B poles, including shoulder- and median -mounted signs on each approach to the station' s eastern driveway. The Project also includes installation of an AC -powered network cabinet, Opticom card, four pole foundations, one cabinet foundation, electrical conduit and conductors from the existing point of service, system testing and activation, temporary traffic control, and restoration of disturbed landscaping; and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 25 Calendar 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: $ 49, 670 (Forty Nine Thousand Six Hundred Seventy 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 Pacific Excavation on August 20, 2026. For the purposes of construing, interpreting and resolving inconsistencies between the provisions of this Contract, these documents and the provisions thereof are set forth in the order 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 Engineer or his designee 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 ofinsurance 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 ofthe 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 ofContractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.
9. Compliance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.
DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5 is a material obligation of the Contractor under the Contract Documents. The foregoing includes ,without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.
The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Recuest Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' s Subcontractor List submitted with the Contractor' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' sconsent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).
Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4 and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation andsubmittal for all Subcontractors of every tier:
b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion ofthe Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Depaitnient of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.
Record of wages paid: Inspection
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist ofpayroll data that are maintained as computer records, if printouts contain the same information as the forms provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1) A certified copy of an employee' s payroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative ofthe CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. Ifthe requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.
The responsibility for compliance with this Article shall rest upon Contractor.
10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manage r the Bonds as required under Section 00700 — 5. 1A.
11. Re- aresentations 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;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the 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 teas'. 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 ofthe 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 snail, 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 ofthe receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
To City: 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
8)
9)
PHONE: (209) 941- 7363
FAX: (209) 941- 7449
ATTN: Engineering Project Management
To Contractor:
16. Miscellaneous.
Tim Paxin' sPacific Excavation, Inc., dba
Pacific Excavation
9796 Kent St,
Elk Grove, CA 95624
PHONE: ( 916) 686- 2800
EMAIL:
ATTN: Prescilla
pgastelum@pacificexcavation. com
Gastelum
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 ofthis Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
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.
Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terns of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractor and subcontractors must comply with the regulations imposed by California Air Resources Board (" CARB") including, without limitation, Title 13, California Code of Regulations Division 3, Chapter 9, and all pending amendments Regulation").
20) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
21) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 22) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
23) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall, not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
24) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
25) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
26) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Informal Bid Packet
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
Resolution No.: 26 -
APPROVED AS TO FORM:
By:
Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:
By:
Brad Taylor, Public Works Director/ City Engineer
APPROVED:
By:
Stephen J. Salvatore, City Manager
END OF SECTION)
EXHIBIT ""
BID
EXCAVATION INC.
UC. #694400 C- 10 8 A
9796 Kent Street
Elk Grove, Ca 95624
916) 686- 2800 Est. Fax ( 916) 686- 2806
DIR # 1000000188
To: PRIME CONTRACTORS
Attn: ESTIMATOR
Subject: BID PROPOSAL
From: TODD HANSON
Cell: ( 916) 870- 7171
Pages: 5
Project: INSTALL RRFB' SAT FIRE STATION # 34
Est. No. 8075
Date: 8/ 20/26
PROPOSED SCOPE FOR THE ABOVE PROJECT
PER PLANS AND SPECIFICATIONS
ADDENDUMS NOTED: 0
UNION
BOND RATE 1%
TRAFFIC CONTROL FOR OUR PORTION OF WORK
PROPOSAL VALID FOR 30 DAYS
SCHEDULE OF VALUES
EXCLUSIONS**
ANY & ALL PERMITS, UTILITY FEES, RAILROAD / FLAGGING FEES
ANY & ALL AGENCY INSPECTION OR TESTING REPORT FEES OF ANY KIND
TEMPORARY POWER, TEMPORARY GENERATORS, TEMPORARY STREET -
LIGHTING, TEMPORARY CAMERAS OR TEMPORARY SIGNALIZATION
IMPACT ATTENUATOR VEHICLE AND CMS BOARD FOR TRAFFIC CONTROL ANY & ALL LOCATING 8z MAPPING OF EXISTING OR NEW FACILITIES
CIVIL IMPROVEMENTS
SURVEY AND STAKING
MAPPING OR LOCATING OF EXISTING SYSTEMS
ANY COST INCREASES DUE TO UNFORESEEN TARRIFS
EXCAVATION INC.
L1C.# 694400 C- 10 & A
9796 Kent Street
Elk Grove, CA 95624
916) 686- 2800 * Fax (916) 686- 2806
California License # 694400 - C- 10 & A
DIR # 1000000188
BID PROPOSAL
DATE ESTIMATE NO.
08/ 20/6 8075
PROJECT
INSTALL RRFB' SAT FIRE STATION # 34
fitivc::::::::::::::::::::::::::::::::::::::::::::::::::::::: ESTimATED:::::::: UNl OE:::: ::::::::::JNI: T;:::::::::::::::
13:.:. Nf::
DESCRIPTIO t•:•. . . . . . . ... . . . . . . . ... . . QUANTITY..:-::: MEASURE::.:::: PRLCE•::TOTAL::::.:;:.
INSTALL RRFB SYSTEM COMPLETE PER PROVIDED
8-1/2" x 11" SITE PLAN SHEETS 1
Proposal Expires in 30 Days
Acceptance of Estimate:
The above prices, specifications and conditions are satisfactory and hereby accepted.
You are authorized to do the work as specified.
See attached cover letter for Inclusions and Exclusions.
Printed Name, Signature & Date:
LS 49, 670. 0 49, 670. 0
SCHEDULE OF VALUES ( COST BREAKDOWN )
ITEM
DESCRIPTION
QTY _ UNIT
PRICE
PER EXT.
TYPE 1-B FOUNDATION 4 5,50. 0 EA 22,00. 0
SURVEILLANCE CABINET FOUNDATION 1 4, 567. 00 EA 4, 567. 00 INSTALL CITY FURNISHED 1-B STANDARD 4 1, 900. 0 EA 7, 600. 0 INSTALL CITY SURVEILLANCE CABINET 1 1, 453. 00 EA 1, 453. 00 INSTALL CITY FURNISHED SIGNS 10 555. 00 EA 5,50. 0
UNDERGROUND CONDUIT SYSTEM INSTALLATION - TRENCHER 50 70. 00 LF 3, 500. 0 PVC 2" 50 8. 00 LF 400. 00
TRAFFIC CONTROL 1 4,00. 0 LT 4,00. 0
TOTAL AMOUNT 49, 670. 0
IMPAIRMENT CI NYYIMIA RMIHIS
VVI• 11WV 1 VI\ J
C: 1= STATE LICENSE BOARD
ACTIVE LICENSE
uRlQenuneer694400
9y11RCas NuP TIM PAXIN' SPACIFIC
EXCAVATION INC DBA PACIFIC
EXCAVATION
Claullcelnnis) A C10
EMI!), CORP
ExWalk R Did* 08/ 31/ 2028 WNW . CSI b. ca. gov SAC
CA
Ato
p7§%. 1927
State of California
Department of
Industrial Relations
kioxnQ > Gusbamgr. Acountlo kuP >
1000000188 - Tim Paxin' sPacific Excavation Inc
1000000188 - Tim Paxin' sPacific Excavation Inc
Customer Account Lookup
PWCR
1000000188
Contractor Status
DIR Approved
CSLB
694400
Business Phone
9166862800
Ext
Registration Start Date
Home Get started Sign up Login
Legal Entity Name
Tim Paxin' sPacific Excavation Inc
Doing Business As ( DBA)
Tim Paxin' s
Pacific Excavation Inc
Business Structure
None
l _
President
TIM PAXIN
Email
pgastelum@pacificexcavation. com
fv rskr aticrn E' ndDat..'-,
2025- 07-1 12028- 06- 30
Crafts
Laborer and Related Classifications . Electrician Cement Mason Operating Engineer ( Heavy and Highway Work)
LABORER
Address
Mailing Address
I 9796 Kent St176089142
Mailing Address - City
I Elk Grove
Physical Address
L
Mailing Address - State
Mailing Address - Zip
95624
Physical Address - City
Physical Address - State
r
Physical Address - Zip
Mailing Address - Country Physical Address - Country