ITEM 4.. 16
CITY MANAGER' SREPORT
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
ITEM: CREATE 2026 ANNUAL MICROSURFACING, CIP PS
27- 01, AWARD A CONSTRUCTION CONTRACT TO
AMERICAN PAVEMENT SYSTEMS, INC. AND APPROVE
A BUDGET AMENDMENT
RECOMMENDATION: Adopt Resolution to Create 2026 Annual
MicroSurfacing, CIP PS 27- 01, Award a Construction
Contract to American Pavement Systems, Inc. and
Approve a Budget Amendment
SUMMARY:
Various streets in River Islands are scheduled for Microsurfacing, a preventive maintenance treatment typically applied to asphalt paved surfaces five to seven years after initial placement.
The plans and specifications for the application of Microsurfacing to subject streets Project) were prepared by staff and advertised for bid on July 23, 2026, pursuant to bidding procedures set forth in California Public Contract Code 22037 and Lathrop Municipal Code 2. 36. 060. The City Clerk received and opened six ( 6) bids on August 11, 2026. All six bids were determined to be responsive and from responsible bidders. The bid results are summarized in Table 1 below:
Table 1; Summary of Bid Results -2026 Annual Micro -Surfacing Contractor Total Bid
American Pavement Systems, Inc. 655, 726
Dryco Construction, Inc. 5779, 79
American Asphalt South, Inc. 6790, 858
VSS International, Inc. S799, 671
Sierra Nevada Construction, Inc. 811, 007
Pavement Coatings Co. 903,45
Based on the review and evaluation of the bids, American Pavement Systems, Inc.
American Pavement) was determined to be the lowest responsive and responsible bidder for the Project, with a bid of $655, 726.
Staff recommends that the City Council approve the creation of the 2026 Annual MicroSurfacing, CIP PS 27- 01, and a budget amendment of $ 819, 000, as detailed in the Fiscal Impact section, to provide funding for the construction of the Project. Staff also recommends awarding a construction contract to American Pavement in the amount of $ 655, 726 and authorizing a construction contingency in accordance with the Fiscal Impact section, for a total project construction cost not to exceed 819, 000.
CITY MANAGER' SREPORT PAGE 2
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE 2026 ANNUAL MICROSURFACING, CIP PS 27- 01, AWARD A CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. AND
APPROVE A BUDGET AMENDMENT
BACKGROUND:
MicroSurfacing is preventive maintenance treatment routinely applied to asphalt surfaces 5-7 years following placement, and consists of liquid asphaltic emulsion and fine aggregate. The streets proposed for Microsurfacing were approved by City Council through Resolution 25- 5785 on May 12, 2025, and are listed and shown in Attachment B - 2026 Annual Micro -Surfacing Street List and Attachment C - 2026 Annual MicroSurfacing Map.
Funding for the Project is provided by the Road Maintenance and Rehabilitation Account ( RMRA), established pursuant to California Senate Bill ( SB) 1 in 2017.
REASON FOR RECOMMENDATION:
Microsurfacing is a standard preventive maintenance treatment for asphalt paving in its fifth to seventh year of service life. The process reseals the street surface, extending the service life by five to seven years and improving traction.
FISCAL IMPACT:
The proposed construction contract with American Pavement Systems is $ 655, 726.
A construction contingency of approximately is requested in the amount of $ 163, 274 for a total construction cost not to exceed $ 819, 000.
Staff request that the City Council approve a budget amendment transferring 819, 000 from the RMRA Fund ( 2030) to the CIP Project Fund ( 3310) to fund the construction contract and contingency, as follows:
Increase Transfer Out
2030- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
PS 27- 01
PS 27- 01
819, 000
819, 000
819, 000
CITY MANAGER' S REPORT PAGE 3
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE 2026 ANNUAL MICRO -SURFACING, CIP PS 27- 01, AWARD A CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. AND
APPROVE A BUDGET AMENDMENT
ATTACHMENTS:
A. Resolution to Create 2026 Annual Micro -Surfacing, CIP PS27- 01, Approve a Construction Contract. with American Pavement Systems, Inc. and Approve a Budget Amendment
B. Construction Contract with American Pavement Systems, Inc. for the 2026 Annual Micro -Surfacing, CIP PS 27- 01
C. List of Streets for 2026 Annual Micro -Surfacing, CIP PS 27- 01 CITY MANAGER' S REPORT PAGE 4
SEPTEMBER 14, 2026 CITY COUNCIL REGULAR MEETING
CREATE 2026 ANNUAL MICRO - SURFACING, CIP PS 27- 01, AWARD A CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. AND
APPROVE A BUDGET AMENDMENT
APPROVALS:
Steven Hollenbeak Date
Assistant Engineer
Brad Taylor / Date
Public Works Director / City Engineer
r -awl cJ. 7/ aea,
Cari James Date
Director of Finance
Thomas Hedegard ' Date
Deputy City Manager
Michael King Date
Assistant City Manager
t•Z•czZG
2.. 6
Salvador Navarrete Date
City Attorney
Steph n J. Salvatore
City Manager
Date
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO CREATE 2026 ANNUAL MICROSURFACING, CIP PS 27- 01, AWARD A CONSTRUCTION CONTRACT TO AMERICAN PAVEMENT SYSTEMS, INC. AND APPROVE A
BUDGET AMENDMENT
WHEREAS, on July 23, 2026 the City solicited bids for the construction of the 2026 Annual Microsurfacing, Capital Improvement Project ( CIP) PS 27- 01, (Project) pursuant to Bidding Procedures in California Public Contract Code 22037 and Lathrop Municipal Code 2. 36. 060; and
WHEREAS, a total of six ( 6) bids for the Project were received and opened by the City Clerk on August 11, 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 American Pavement Systems, Inc. (American Pavement) with a bid of $ 655, 726; and WHEREAS, staff request that City Council approve the creation of 2026 Annual Microsurfacing, CIP PS 27- 01; and
WHEREAS, staff request that City Council award a contract to American Pavement in the amount of $655, 726for the construction of the Project; and WHEREAS, staff request that City Council approve a construction contingency in the amount of $ 163, 274 and authorize staff to spend up to the amount of the contingency as necessary to achieve the goals of the Project, for a total Project construction cost not to exceed $ 819, 000; and
WHEREAS, staff request Council approve a budget amendment transferring 819, 000 from the RMRA Fund ( 2030) to the CIP Project Fund ( 3310) to fund the construction contract and contingency as follows:
Increase Transfer Out
2030- 9900-90- 9010
Increase Transfer In
3310- 9900- 393- 0000
Increase Appropriation
3310- 8000- 420- 10
819, 000
PS 27- 01 $ 819, 000
PS 27- 01 $ 819, 000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the creation of 2026 Annual Microsurfacing, CIP PS 27- 01; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment as detailed above; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby award a contract to American Pavement for the construction of 2026 Annual Microsurfacing, CIP PS 27- 01 for $ 655, 726; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a construction contingency of $163, 274 for a total cost not to exceed 819, 000 for the construction of the Project and authorizes staff to spend up to the amount of the contingency as necessary to accomplish the goals of the Project.
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop does hereby approve a budget amendment transferring $ 819, 000 from the Gas Tax Fund 2030) to the CIP Project Fund ( 3310) as listed above.
The foregoing resolution was passed and adopted this 14th day of September 2026 by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Attachment
e g
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
SAMPLE 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 American Pavement Systems, Inc., (Contractor), whose Taxpayer Identification Number is 30- 0602049.
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 Pro' ect and Work. Construction Documents for 2026 Annual Micro - Surfacing, CIP PS 27- 01 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions ofthis 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 crack sealing, removal of existing, replacement in kind and installing of updated traffic. markers and thermoplastic striping and markings, placement of approximately 170, 00 square yards of Type II micro -surfacing with Black Rock, and performing all appurtenant work in place and ready for use, all as described in the Project Specifications, as shown in Attachment A - Map of Streets for 2026 Annual Micro -Surfacing, CIP PS 27- 01, as listed on Attachment B — List ofStreets for 2026 Annual Micro -Surfacing, CIP PS 27- 01, and as shown in Attachment C - Map and Detail Exhibit for Striping Modifications., and any task necessary to accomplish the aforementioned tasks.
The work shall be completed within 30 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: $ 655, 725. 20 Six Hundred Fifty -Five Thousand, Seven Hundred Twenty -Five Dollars and Twenty Cents
3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials 2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by Contractor on August 11, 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 ofits 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 perfoinu 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 2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen ' the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions ofthis 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 ofthe 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 isa 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.
2026 ANNUAL MICRO -SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the Contractor' s proposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' 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 and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contract Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion of the Contract Price; or (ii) to disburse any portion of the Contract Price to the Contractor.
The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or (ii) shall not be deemed in default of the CITY' s obligations under the Contract Documents unless the Contractor' 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 on forms provided by the Division of Labor Standards Enforcement or shall contain the 2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
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 ofrecords 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 ofwritten notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident 2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
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 pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
7)
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
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 of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.
15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, (2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two (2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.
Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
To City: City ofLathrop
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: Leisser Mazariegos, Project Manager
To Contractor:
Mailing Address:
Phone:
Email:
ATTN:
16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time 2026 ANNUAL MICRO -SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
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.
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
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.
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
25) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
26) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.
EXHIBITS:
EXHIBIT A: Contractor' sSubmitted Bid Packet
Certification of insurance, performance and payment bonds, and worker' s compensation certification shall be furnished to the City by the Contractor after City Council' sapproval with resolution.
2026 ANNUAL MICRO - SURFACING CONSTRUCTION CONTRACT
CIP PS 27- 01
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.
CONTRACTOR:
Seal:
By:
Name:
Title:
By:
Name:
Title:
CITY OF LATHROP
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
EXHIBIT A
SECTION 00300
2026 ANNUAL MICRO - SURFACING
CIP PS 27- 01
BID PROPOSAL FORMS.
TO:
BID. PROPOSAL FORMS
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
A' 1"' LNTION: City Clerk
FOR: 2026 ANNUAL MICRO -SURFACING, CIP PS 27- 01
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:
LEGAL COMPLIANCE .
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, orassociation; that he has carefully examined the location ofthe proposed work and the Construction Documents; and he proposes and agrees that ifthis Bid is accepted he will contract with the City ofLathrop, in the form of the Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.
SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.
BASIS OF AWARD
The basis for award ofthe contract will be theprice 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
2026 ANNUAL MICRO -SURFACING
CIP PS 27- 01
BID PROPOSAL FORMS.
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 lowestbid 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 toga 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
2026
CIF PS
ANNUAL
27- 01
MICRO- SURFACI„ NG BID PROPOSAL FORMS. ,. .
2026 ANNUAL MICRO -SURFACING, CIP PS 27- 01
BID SCHEDULE
BID
ITEM DESCRIPTION QUANTITY UNITS UNITPRICE
EXTENDED
TOTAL
1 .. Mobilization / Bonds / Insurance: 1 :: LS 9 l0, 0(, U. Oa 0 y(p, 003. 2 Provide and Implement Traffic
Control Plan
1 LS 132160 ' 00: 3Z, 090. oo
3 Provide and Implement Erosion and
Sediment. Control Plan 1 LS - o oo S' oc vo
4: . .
Preserve and Protect all, Survey
Monuments
1 ;: : LS f S' w, oo .. U' r00 .00
5 Preserve and Protect all Utility
Covers
1 LS t
coo. 0O. pct
6 Furnish & Install Type II Micro="
Siufacing w/ Black Rock per
Project Plan and Specifications
177, 368 SY JI,. Io 1 ,( c.n •2a
7 : Furnish and Perform' Crack Sealing 1 LS: . t3I', 4oc . co IT 3r. ' 460- 9 8 Remove Existing Thermoplastic
Markings, Striping and Markers . 1 LS 13. 3, c00 •cv i33: SIP ^oo 9 Furnish,: Install & Remove
Temporary Pavement. Delineation. 1 LS i tips -0.a if 1 , ar0. 00. . 10 Furnish & Install Thermoplastic.
Traffic Markings and Striping to
Existing Conditions and per
Attachment C — Revised Traffic
Stripingand Markings Exhibit
1 LS
S 7"3, 1; ra3 ,z rc• 00
11 Furnish & Install Fire. Hydrant '
Pavement Markers
1 , _ LS .: 1104. 00 S60- 0
TOTAL BID torgIltr• 20
TOTAL BID : . 112 5. i ? 7
TOTAL BID INWORDS: . Romat- 0
FrPryffuri' NouSvIND, SEtiN Porat'
twemy 1
I"E OoNgAS t -rwE.,, yy fs •
00300- 3
SECTION 00300
2026 ANNUAL MICRO -SURFACING
Cif' PS 27- 01.
BID PROPOSAL FORMS
INFORMATION REQUIREDOF BIDDER
The Bidder shall furnish the following information. This information is considered essential in enabling the. Project Manager to determine if the Bidderis experienced in similar types of work and ifthe Bid is based on a careful study ofinethods 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' sname and address:
AtvtU at' tjM/ 1n .IP+AuA N'. 1 tS-F/ L11vtca " / . w I 11 . . J}r. J • -r ( DOD V -" oohs v} . - a J S
v
2)
3)
4)
5).
Bidder' stelephone number: 2- 041 2. L 1-71
Bidder' semail address: 61111tAA19 PAANIOWI JUNVfrt '$ 4j'/ 1 -5. 004' 1 Bidder' sContractor' sLicense # / Expiration Date / Classification:
G, L, 3 e. 2. 1. 'LI ozyi .: r4 1
Bidder' sDIR Registration # /. Expiration:
WW® t9O02o t(1 3. OI9 PZi
6) Person who inspected site of proposed work for Bidder: . .
Name: Date of Inspection: eb H / 24v
t. J.
7) List 5 projects of a nature similar to this project completed by Bidder.
Project Contract
Price
Name, Address and
Telephone Number of :Owner
C, oLP&A '. i;
3o? S sCurr- :
lq
i 5.1) 26: 1
C.. 41 e f-t>iHui. bon \-- a'. kylt. l 'i., .- so,,. , wit ' s&'' 3 z. Qal-ti 5. 71. 660 Pe.(... a;' t
t
23- aq PNx: wtw- c,
I- .. . t
v
t AR. -7.
G O
i
O; LOA. t - 2Zt U-) A -t'-- c.. o ua i
W..
4Sz
20cA- 3 -5I -(o- 100
i'a" 1w ,,v't C- 6%-" k` i,
S tii3 o' t0- , s... l La•- ati 6. :37 2c,
A, 1$e4771
I , 4 c -s . Cc , tot• q61-- 6; n.' G• w
4oei' u,h
a. t14310.- E, Ac. a.:. I{v;1A.,%_ 5{u. 1G [: lL CL 2.s t CAT cAL1,.= krcrs • ..
1j
Va\) x+v.n , a, Ak_.\. e,
tt,. C
Ili t
aq
i
1. : 1 . act6 1_. ,it : Ccw
i
01 CwiF•- tpift' A
X30 yeti . c q t. -2' L,.,..
03- :2.4 Sot -C,,, scs,..\ ,.
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g I _'tw' in0
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ii--' ni.' lk" t"- S' 1. 1t•..+ - r o- lu :s4rw. c - co,- 9ii `VS -3 . . s- ---i 1.- .-', e7, 1)
00300- 4
SECTION 00300
2026 ANNUAL MICRO -SURFACING BID PROPOSAL FORMS.
CIF PS 27- 01
LIST OF SUBCONTRACTORS:
The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid hi excess of one- half of one percent ofthe 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 ofbids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted. Failure to complywith this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing " Not Applicable" in the list below.
Work to be
Performed
Subcontractor
Name
Subcontractor
Email Address
and Phone #
California:
Contractor' s
License No.
DIR No. Percent
of Work
c14_ SciOhA b 14log 4l. goa0
Stahmh NC- C
IP'
os9Os hA. •b L. a
414. 019 .m2ys
i-f • s -f
l Id00009Wq i
co / 4
clam- Sti(;
STIM0IVA P 4#el? lltsp r°If o 3 y6)( 7°1170°°°° 3(1) I 4 Note: Attach additional sheets ifrequired.
00300- 5
gear
SECTION 00300
2026 ANNUAL MICRO -SURFACING BID PROPOSAL FORMS
CIP PS 27- 01
ADDENDA
Bidder certifies he reviewed ARC Stockton' s website for addenda within 48 hours of bid opening and acknowledges receipt ofthe following addendum ( addenda):
Respectfully submitted,
A- wl c& OJA Am t ClOVA/, 5.,
Dated Legal Name of Firm
Signature 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 names and Post Office addresses of all the individual members.
Nat\ --ires r)4.-
MlXC e c'L- ery. 4c UJL VP
beam!, i71- AAJN- WOOSVokl1012. 11 +- 5+., Sty. J1 M 1o, 443s -H JoJi 11ha- Sf
6 Iwo s, ' A lis'- 5s- ti
Id1U .IjL`- A,( 41-- IMO ieft £9J 41
00300- 6
SECTION 00300
2026 ANNUAL MICRO -SURFACING BID PROPOSAL FORMS
CIP PS 27- 01
BIDDER' SBOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE American Pavement Systems, Inc..
as PRINCIPAL, and Western Surety Company
as SURETY are held; and firmly bond unto the City of Lathrop in the penal sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by the Principal to the City of Lathrop for the work described below, for the payment ofwhich sum in lawful money of the United States, well and truly to be made to the City ofLathrop to which the bid was submitted, we bind ourselves, our heirs, executors, :administrators and successors, jointly and severally, firmly by those presents. In no case shall the liability of the surety hereunder exceed the sum of $ Ten Percent ( 10%) of the Total Amount of the Bid
THE CONDITION OF THIS OBLIGATION IS SUCH,
THAT, WHEREAS, the Principal has submitted the above mentioned bid to the City of Lathrop for certain construction specifically described as follows, for which bids are to be opened at the City HaI1, 390 Towne Centre Drive, Lathrop, CA: 2026 ANNUAL MICRO -SURFACING, CIP PS 27- 01.
NOW, THEREFORE, if the Principal is awarded the contract and within the time and manner required under the specifications, after the prescribed forms are presented to him for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 28th day of July , 202E
American Pavement Systems, Inc.( Seal)
Seal)
i \ fi Yres 4Av ,,+
Address: 1012 11th .Street, .#1000
Modesto, CA 95354
We ern Surety Company (Seal)
athleen West, Attorney -in -Fact •
Address: 2 21 N. California B vd.
Suite 760, Walnut Creek, CA 94596
NOTE: Signatures of those executing for the surety must be properly acknowledged. 00300- 7
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validityof that document.
State of California
County of Stanislaus
On Ivs- hou,
personally appeared
before me;
Tiffanie Lee, Notary Public
fi?„ 4
here insert name and title of the officer).
who proved to me on thebasis of satisfactory evidence. to be the person( s) whose name( s) is/ are subscribed to the within instrument arid, acknowledged to methat he/ she/ thy executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
TIFFANIE LEE
Notary Public • California
Stanislaus County L
Commission # 2462712
My Comm, Expires Oct ZS• 2027
Seal)
Optional information
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attacheddocuinent.
Description of Attached Document
The preceding Certificate of; Acknowledgment is attached to a document titled/ for the purpose of
containing pages, and dated
The signer( s) capacity or authority is/ are as:
Individual( s)
Attorney -in -Fact
El Corporate Officers)
TItle( s)
Guardian/ Conservator
Partner - Limited/ General
CI Trustee( s)
Other:
representing:
Name( s) of Person( s) or Entity( ies) Signer is Representing r •
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
o forms) of identification O credible wiiness( e)
Notarial event is detailed in notary journal on:
Page # Entry ft
Notary contact: ..
Other
Additional Signer,( s) 0] Signer( s)' ihumbprint( s)
El
la Copyright 2007-018 Notary P. otary, PO Box 41400, Des Moines, IA 50311- 0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form.
CALIFORNIA. ALL- PURPOSE ACKNOWLEDGMENT. :. . . CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed. the document to which this certificate is attached; and not: the truthfulness; accuracy; or validity. of: that document.
State of California.
County of . . ...._._ . ContraCosta
On JUL 2 81016
Date.
personally appeared .•-Kathleen West _
before me, Yvonne Roncagliolo, Notary Public
Here Insert Name and Title of the Officer
Narne( s) ofSggner( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the withininstrument: andacknowledged to me that he/ she/ thy executed the same in his/er/ their authorized capacity( ies), and that by his/er/ their signature( s) on the instrument the person( s}, or the entity upon behalf of which the person( e)- acted, executed the instrument:
YVONNE RONCAGLIOLO
Notary Public - California
San Francisco County g
Commission # 2455415
My Comm. Expires Aug 24, 2027
I certify under PENALTY OF PERJURY under the. Iavvs
of the State of California that the foregoing paragraph istrue and correct.
WITNESS my hand nd official seal.
Signature
Signature of Notary Public
Place. Notary Seal Above
OPTIONAL .
Though this section is optional, completing this information can deter alteration of the . document or fraudulent reattachment of this form t en unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: ,:._. - Signers) Other Than Named Above:._ —.
Capacity( ies) Claimed by Signer( s)
Signer' sName:;
C1 Corporate
Partner —
Officer-' Title( s) _
Limited General
Individual Attorney in Fact
Trustee Guardian or: Conservator
Other:_
Signer is Representing::
Signer' s
Name
Corporate Officer = Title( s):: "..
Partner .— Limited O General
D Individual b. Attorney in Fact
Trustee Guardian or Conservator
Other:
Signer Is Representing:
2014 National Notary Association • vvww. NationalNotary. org • 1=800 -US NOTARY (14) 0..,; 8766827) Item # 5907 esters Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City ofSioux Falls, and State of South Dakota, and that it does by virtue of the signature: and seal herein affixed hereby make, constitute and appoint Charles R Shoemaker, Kathleen West, Kelly Holtemann, Mark M Munekawa, Nerissa S Bartolome, Yvonne Roncagliolo, Patrick R Diebel, Karen Rhodes, Valerie Takeuchi, Erica Li, Christina Parsons, Zachary V Overbay, Andrew S Holloway, Rossio Polio, Lucy M Dunham, Christopher M Howell, Nathalia P Sholl, Jacquelin Muro Silva, Keith Lovitt, Individually of San Francisco, CA, its true and lawful Attorney( s)- in- Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts. -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer ofthe corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the Authorizing By -Laws and Resolutions printed at the bottom of this page, duly adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 20th day ofFebruary, 2026:
4,4
WESTERN SURETY COMPANY
h
tsa
his : a
St rte of South Dakota
County ofMinnehaha
ss
Larry Kasten, Vice President
On this 20th day ofFebruary, 2026, before me personally came Larry Kasten, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President ofWESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Boardof Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
My commission expires
December 4, 2031
K. WASH
1 NO A Y vusuc
veZS SOUTH DAKOTA
K. Walsh, Notary Public
CERTIFICATE
I, Paula Kolsrud, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Laws and Resolutions ofthe corporation printed below this certificate are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal ofthe said corporation this 28th day of July, 2026:
4 ED.: c\ WESTERN SURETY COMPANY
Fi
S'.. a@:::// 4 GkQ ', oerN.. 6
Paula Kolsrud, Assistant Secretary.
Authorizing By -Laws and Resolutions
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power ofAttorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders ofthe Company.
Section 7. All bonds, policies, undertakings, Powers ofAttorney, or other obligations ofthe corporation shall be executed in the corporate name. ofthe Company by the President, Secretary, and Assistant Secretary, Treasurer, orany Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary; or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings; Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal maybe printed by facsimile.
This Power of Attomey is signed by Larry Kasten, Vice President; who has been authorized pursuant to the above Bylaw to execute power of attorneys on behalf of Western Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27' b day ofApril; 2022:
RESOLVED: That it is in the -best interest ofthe Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed ofthe Company." Go to wwry. cnasuretv. com > Owner / Obligee Services > Validate; Bond Coverage, if you want to verify bond authenticity.
Form F4280- 8- 2023
SECTION 00300_ .
2026 ANNUAL MICRO -SURFACING
CIP PS -27- 01
NON -COLLUSION DECLARATION
STATE OFCALIFORNIA
COUNTY OF SAN JOAQUIN
1. 11 declares that he or she is
v ihL V ts of t,,,, f- Sens 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, orgaization, 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 shallrefrain 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, ofthe bidder orany other bidder, or ofthat ofany 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 hasnot, directly or indirectly, submitted his or herbid 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 anycorporation, partnership, company associated, organization, bid depository, or to any member or agent thereof to effectuate a callus' sham bid.
BID PROPOSAL FORMS.
Signatureof President, Secretary,
Manager, Project Manager or Representative
C1/ 4' 0et- 1Nay: e \R( L reshotylk,-
00300- 8
SECTION 00300
2026 ANNUAL MICRO - SURFACING
CIP PS 27- 01
BID PROPOSAL FORMS
PUBLIC CONTRACT CODE SECTION 10162. QUESTIONNAIRE
In accordance with Public Contract Code Section 10162, the Bidder shall complete, under penalty ofperjury, the following questionnaire:
Has the Bidder, any officer ofthe 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 oflaw or a safety regulation'? No
Iftheanswer 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 onefinal unappealable finding of contempt of court by a federal court has been issued against the .Contractor, within the immediately preceding two year period because of the Contractor' sfailure to comply with an order of a federal court which orders the Contractor to comply with an order ofthe National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
00300- 9
SECTION 00300
2026 ANNUAL MICRO -SURFACING
CIP PS 27- 07
BID PROPOSAL FORMS
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
lpies, tku( Signature)
i(15 -1141 -co
Date)
Bidder' sName:
Address: t9 S+. 5 . loop
The above certification ofthe. Bidder regarding its affirmative action program shall be filled. out completely, signed, and submitted by each Bidder and shall be a part ofthe Contract Documents.)
00300- 1
SECTION 00300
2026 ANNUAL MICRO -SURFACING BID PROPOSAL FORMS
CIP PS 27- 01
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
SUBMIT WITH BID
Pursuant to Labor Code sections 1725. 5and 1771., all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.
See https:// www. dir. ca. gov/ Public- Works/ PublicWorks. htmlfor additional information.
No bid will be accepted nor any contract entered into without confirmation of the contractor' s and subcontractors' current registration with the Department ofIndustrial 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: Atkkarioun ?( tt1- 914S S, - L
DIR Registration Number: —
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration ofthe 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 ofbid 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.
0 dUU;
Bidder' sSignature: `
I
Bidder' sName and Title: ` t1 ' •% , - . L Y \ V. f ie- eves u.& - Firm:
Date:
4un. r-u.A(\ Pa- 000. 4d- jiiAt›
51, 01 -co
00300- 11
SECTION 00300
2026 ANNUAL MICRO- SURFACLNG
Cif PS 27- 01, •
BID PROPOSAL FORMS
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 ofa controlled substance is prohibited in the.
Bidder' sworkplace 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 ofthe contractbe given a copy ofthe statement,
2. Notifying: the employee in the statement that, as a condition of employment under the Contract, the employee will:
a. Abide by the terms ofthe statement.
b.. Notifythe employer in writing ofhisor her conviction for 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 ofthe 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 tenn nation, 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 orlocal 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 afterthe incident, but not more than 4 hours after the incident.
00300- 12
SECTION 00300
2026 ANNUAL MICRO -SURFACING BID PROPOSAL FORMS
CIP PS 27- 01
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 ofmaintaining 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 ofwork done in connection with this Contract will occur at the location( s) listed and / or described below:
Various residential and minor collector streets in the City of Lathrop, bounded by the following streets: River Islands Parkway, Dell` Osso Drive, Stewart Road and River Bend Drive.
BIDDER
Signature)
Date)
sls- iwic. o
END OFSECTION)
00300- 13
California Environmental: Protection Agency
Air Resources Board
January 1, 2026
CERTIFICATE OF : REPORTED COMPLIANCE
FF- ROAD :DIESEL VEHICLE REGULATION
This certificate indacates thatthe fleet' lisedabove has reported off -road diesel vehicles to. the California Air Resources Board, and has certified they are in compliance with title 13 CCR, section 2449.: All applicable'. vehlcles owned bythe Individual,, company, or agency must be reported and labeled, as specified in Section .2449; with alP possible .completeness, else this certificate_ is null and void. Certificate expires: 2/8/027 Michelle Buffington
Chief, Mobile Source Control Division '
California Air Resources Board
To verify the authenticity of this certificate, enter this number at http:// www. arb. ca. govidoors/ compliance_ cert1, html
CALIFORNIA
AIR RESOURCES BOARD
Certificate of Reported Compliance With:
Advanced Clean: Fleets Regulation
Truck, and :Bus I Regulation
Issued to: _ .. American Pavement Systems
This certificate confirms that the fleet owner has attested _under penalty: of perjury: that the statements and: information they provided to the California: Air. Resources Board; (CARE) are true, accurate, and complete regarding all relevant vehicles in the fleet required toshow compliance. GARB hereby finds that the fleetlistedhas met requirements of:
Trtlee13" CCR' Sections 2013 2016 (Advanced Clean: Fleets Regulation) Title. 1aCCR 2025 (Truck and Bus Regulation)
If CARB subsequently finds _that .the' stateenents and. inforrnatian that have been provided are not true, accurate, and complete, this certificate, shlVbe. effectiyely revoked and the fleet subject to penalties.
This certificate is vahcl until December 31, Z026
TRUCRS Fleet Identification
Printed on 025- 12- 29 137170
To verify the authenticity of this certificate, visit
ww w. arb. ca. gov/ msprog/ onrdicsei/ tblookup. Php
0 Pticileile Buffington
Division. Chief, Mobile Source Control
DivislonCeliforrtta Air urces Board
T-,
79 Vehicles
AMERICAN PAVEMENT SYSTEMS, INC.
CERTIFICATE OF SECRETARY
Resolved; that effective January. 2, 2026 through December 31, 2026, the individuals named on the attached Exhibit 1' are authorized to negotiate; execute and attest electronic and paper documents necessary forthe conduct of the company' saffairs with respect to the submission and execution of construction project bids,idproposals, bid addenda and all other bid -related documents prepared and submitted on behalf of the Company, relating to any and all domestic :construction projects arising out of the Company' soperations.
I, David Pimley, do hereby certify that I am duly qualified as Secretary of American Pavement Systems, Inc., a California corporation ( the " Company"); that the foregoing is a true and correct copy of resolutions duly adopted effective January 2, 2026 by the Board of Directors, at a meetingin accordance with the provisions of the Company Bylaws; that the directors acting were duly and regularly elected; and that the. resolution adopted has not been modified trrepealed and is still: in full force and effect DATED: January 2, 2026
David Pimley, Secretary:
EXHIBIT 1
AUTHORIZED SIGNERS
American Pavement Systems,. Inc., A California Corporation DESIGNATED SIGNERS.
Gregory B. Reed, President
Marc A. Bertsch, Executive Vice President
David Piniley, Vice President, Secretary, Treasurer
Michael Marchini, Vice President
Ryan Bangle, Operations Manager
ATTACHMENT C
2026 ANNUAL MICRO - SURFACING
CIP PS 27- 01
MICRO SURFACING STREET LIST
STREET NAME FROM TO SY
Academy Dr Sommerston Pkwy Silver Springs Wy 5, 635
Amador Dr Havasu Dr Calaveras Dr 5, 316
Amesbury Ct Silver Springs Wy End 2, 430
Andromeda Ct Mulholland Dr End 1, 951
Andromeda Wy Mulholland Dr Plumas Dr. 2, 544
Ansley Dr. Whitfield Dr Keswick Dr 2, 618
Antelope Ct Amador Dr End 1, 077
Arrowbrook Ct Mulholland Dr End 2, 559
Balfour Dr Big Bear Dr Broadmoor Wy 2, 879
Balsam Ct Silver Springs Wy End 2, 366
Big Bear Dr Balfour Dr Balfour Dr 1, 392
Bowling Ct Outrigger Ln End 1, 277
Bowling St Mulholland Dr Outrigger Ln 786
Branson Ct Silver Springs Wy End 1, 610
Broadmoor Wy Academy Dr Huntington Wy 3,92
Broadwell Ct Emerson St End 1, 914
Broadwell St Emerson St Gresham St 690
Calaveras Dr Amador Dr Havasu Dr 3, 225,
Chabot Wy Calaveras Dr Clementine Ct 800
Clementine Ct Chabot Wy End 1, 636
Colusa Dr Garden Farms Ave Solano Dr 2, 941
Cornwall Ct Silver Springs Wy End 1, 719
Courtwright Ct Hennessey Wy End 2, 897
Cranbrook Ct Silver Springs Wy End 1, 805
Crystal Dr Melones Dr Big Bear Dr 1, 869
Eastman Ct Gresham St End 2, 167
Echo Wy Marina Dr Havasu Dr 672
Emerson St Hennessey Wy Broadwell St 809
Garden Farms Ave DeII' Osso Dr Somerston Pkwy 7, 213
Gresham St Broadwell St Eastman Ct 1, 650
Harker Ct Silver Springs Wy End 1, 807
Hartford Ct Silver Springs Wy End 2, 392
Havasu Dr Amador Dr Calaveras Dr 2, 633
Hennessey Wy Academy Dr Emerson St 1, 661
Hidden Pond Ct Mulholland Dr End 1,33
Holborn Dr Imperial Dr Japonica Wy 3, 225
Huntington Wy Keswick Dr Yorkton Dr 5, 750
Imperial Dr Marina Dr Garden Farms Ave 4, 954
Isabella PI Chabot Wy End 1, 763
Japonica Wy Water Lily Dr Holborn Dr 1, 042
Jennings Dr Huntington Wy Locksley Dr 1,50
ATTACHMENT C
2026 ANNUAL MICRO -SURFACING
CIP PS 27- 01
MICRO SURFACING STREET LIST
Kerry Ct Gresham St End 2, 080
Keswick Dr Huntington Wy Locksley Dr 1, 264
Klamath Ct Silver Springs Wy End 2,38
Lakeside Dr Somerston Pkwy Dell' Osso Dr 10, 613
Leto Way Gresham St Marina Dr 1, 860
Lewiston Dr Huntington Wy Locksley Dr 1,40
Locksley Dr Yorkton Dr Stafford Dr 2, 553
Longview Ct Outrigger Ln End 1, 091
Loyola Ct. Outrigger Ln End 1, 570
Marina Dr Dell' Osso Dr Somerston Pkwy 7, 104
Mariners Dr Somerston Pkwy Keswick Dr 653
Maynell Dr Huntington Wy Locksley Dr 1,72
Melones Dr Academy Dr Balfour Dr 1, 850
Mendocino Ct Amador Dr End 1, 217
Merritt Dr Huntington Wy Locksley Dr 1,61
Minaret Ct Outrigger Ln End 1, 339
Mulholland Dr Dell' Osso Dr Andromeda Wy 6,28
Outrigger Ln Dell' Osso Dr Bowling St 3, 154
Plumas Dr Andromeda Wy Solano Dr 6,48
Regatta Wy Academy Dr Amador Dr 757
Rosamond St Riverfront Dr Mulholland Dr 1, 410
Silver Springs Wy Water Lily Dr Lakeside Dr 9, 437
Solano Ct Colusa Dr End 1, 899
Solano Dr Colusa Dr Plumas Dr. 2, 699
Stafford Dr Huntington Wy Locksley Dr 1, 203
Tioga Dr Balfour Dr Crystal Dr 1, 237
Water Lily Ct Silver Springs Wy End 1, 550
Water Lily Dr Silver Springs Wy Japonica Wy 1, 914
Whitfield Dr Huntington Wy Locksley Dr 1, 247
Yorkton Dr Huntington Wy Locksley Dr 1, 331
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