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Ripon Potholing Project ~ Signed Contract

Ripon City Council
February 10, 2026

Document
Ripon Potholing Project ~ Signed Contract
Meeting
February 10, 2026
Body
Ripon City Council
Pages
19
Original file
469 KB
Text extracted from the city's file for reading and search. Open the original on riponcityca.iqm2.com. That file is the official record.

CITY OF RIPON

SAN JOAQUIN COUNTY, CALIFORNIA

CITYOF RIPON

SPECIFICATIONS
FOR
Potholing Project
ENGINEER'S CERTIFICATIONS:

These Contract Documents have been prepared by,
or under the direct supervision of, the following Professional Engineer:

Kevin Werner, P.E.

City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
209.599.2108
Rev_9/2024

TABLE OF CONTENTS
GENERAL INFORMATION - SECTION 1......................................1 PROPOSAL - SECTION 2.............................2
CONTRACT - SECTION 3..... ... /
INSURANCE REQUIREMENTS - SECTION 4 .... .................8

END OF TABLE OF CONTENTS
GENERAL INFORMATION - Section 1

1. Project Information. The Project is located at Locust Avenue. The work comprises the furnishing of all labor, materials, tools, and equipment required to complete this project as detailed on the proposal.

2. License and Registration Requirements

2.1 Contractor's License. This Project requires a valid California Contractor's License for the following classification(s): A. Per Public Contract Code §10164, the Contractor must be properly licensed as a contractor from contract award through Contract acceptance.

2.2 City of Ripon Business License. Per Municipal Code Section 5.04.020, a City Business License is required for anyone wishing to carry on commerce within the corporate City limits. Documentation evidencing Contractors Business License is required within fourteen (14) calendar days after City's issuance of Award.

2.3 DIR Registration. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR), under Labor Code Section 1771.4. City will not enter into a Contract with a contractor without proof that the contractor and its subcontractors are registered with the California Department of Industrial Relations ("DIR") to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.

2.4 Certificate of Reported Compliance of In-Use Off-Road Diesel-Fueled Fleets Regulation (Title 13 CCR, Section 2449). For projects involving the use of vehicles subject to the In-Use Off-Road Diesel-Fueled Fleets Regulation, bidder must submit copies of valid Certificates of Reported Compliance for the fleet selected for the contract and its listed subcontractors.

3. Labor Compliance

3.1 General. This Project is subject to the prevailing wage requirements applicable to the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

3.2 Rates. The prevailing rates are on file with the City Clerk and available online at http://www.dir.ca.gov/DLSR. It shall be mandatory upon the Contractor to whom a contract is awarded, and upon all subcontractors under him, to pay not less than said general prevailing rates of per diem wages to all workers employed in the execution of the contract.

4. Questions and Requests for Information or Clarification. All questions, requests for information and requests for clarification regarding the Project shall be directed to the following:

Spencer Schroen
[email protected]

END OF GENERAL INFORMATION
Potholing Project PROPOSAL

Page 1 ends

PROPOSAL - Section 2
Proposal
Potholing Project
Allen A. Waggoner Construction, Inc. hereby submits the attached Proposal to the City of Ripon "(City") for the above-referenced project ("Project")
Potholing Project PROPOSAL

Page 12 ends
Page 1 of 1 ends

City Of Ripon Potholing
Bid Date: 1/22/2026 len A. Waggoner Construction. Inc, DIR #10000041 Time: 5:00PM 12 South Acacia Avenue, Ripon, CA 953
Quote Number: 3969.01 (209) 599-8788 Fax: (209) 599-8792 License: 605336 Type: GENERAL ENGINEERING
City Of Ripon
2 Description Quantity Unit Unit Price Tolal Price
BB Pothole Various Sites
01 Pothole Various Sites 15,00 EA 1,594.00 23,910.00
02 Patch Back Potholes 15.00 EA 739.00 11,085.00
Total: 34,995.00
Total For Pothole Various Sites 34,995.00
Total: 33,995.00
Potholing Project PROPOSAL.

Page 3 ends

This Proposal is hereby submitted on -20,
CANL Melum Kickett-Corporate Seonetary
Signature Name and Title (print)
Allen A. Waggoner Construction, Inc. 005336 10 31-26
Contractor Name Contractor Lic.#, Exp. Date, and Classification 1012 S. Acacia Ave. 4127
Address IR Registration
Ripon, CA 95366 Melani Rickett
City/State/Zip Contact Name
(209) 599-8788 [email protected]
Telephone Contact Email

END OF PROPOSAL
Potholing Project PROPOSAL
Page |4
CONTRACT - Section 3
Contract
For
Potholing Project
This Contract made and entered into this 10th day of February, 2026, by and between the CITY OF RIPON, hereinafter called the "City" whose office and principal place of business is in Ripon, San Joaquin County, California, and Allen A. Waggoner Construction, Inc., hereinafter called the "Contractor", whose Post Office address is 1012 S. Acacia Ave., Ripon, CA 95366. - WITNESSETH -
That the City has awarded to the Contractor upon his bid duly submitted, the Contract for doing the work and furnishing the materials and equipment described in the Plans and Specifications bound herewith, on the terms stated as follows:

1. Contractor Agrees:

To do all the work and furnish all labor, material, equipment and appliances to complete the work in accordance with the plans and specifications.

To do and perform said work diligently as directed by the City until completion is evidenced by written acceptance.

To complete said work within the time stated in the proposal. d) To do and perform the work contemplated hereby and furnish all labor, material, appliances, equipment, tools, and pay all taxes therefore, in the amount and at the prices specified in the proposal form submitted by the Contractor, a conformed copy of which is attached to and made a part of the Contract.

To procure and maintain Commercial General Liability, Automobile Liability, Workers' Compensation and coverage forms and endorsements, as specified in "Insurance Requirements - Section 4"
+) That the obligation to procure and maintain the required insurance coverage is independent of the Contractor's obligation to defend, hold harmless and indemnify the City as specified in this Contract. The failure of the Contractor to procure and maintain the required liability insurance does not in any way negate the Contractor's obligations in this Contract.
g) That in the event of loss due to any of the perils for which it has agreed to provide liability insurance coverage, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to the City, on behalf of any insurer providing liability coverage to either Contractor or City, a waiver of any right to subrogation Potholing Project CONTRACT

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which any such insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
h) Wherever and whenever the word "City" is used in this Contract, it shall mean the "City of Ripon." This shall also apply to the Insurance Requirements for Contractors, as well as to the Proposal, Contract, Specifications and all required bonds. The address of the City is 259 North Wilma Avenue, Ripon, CA 95366.

To indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

2. The City agrees to pay the Contractor the Contract prices provided for herein in the following manner:

Progress payments will be made monthly for this contract. At the completion of all the work detailed on the plans and in the specifications for the above named project, the contractor shall submit a payment request for one hundred percent (100%) of the total value of the work.

It is further agreed by the parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.

It is expressly understood and agreed that a waiver of any of the conditions of covenants of this Contract shall not be considered a waiver of any of the provisions hereof.

All provisions of the Occupational Safety and Health Administration Code (OSHA), and California Occupational Safety and Health Administration Code (CAL-OSHA), as they apply to this project, shall be followed
It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:

Accepted Proposal City of Ripon Standard Specifications Contract State of California Standard Specifications
Project Plans and Specifications Any Published Addenda
Potholing Project CONTRACT
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate, on the day and year first above written.
"CONTRACTOR" "CITY"
Allen A. Waggoner Construction, Inc. CITY OF RIPON, a Municipal Corporation By: Melani Picket By:

Melani Rickett Carp. Sec. Gary Barton, Mayor

END OF CONTRACT
Potholing Project CONTRACT
Page |7
INSURANCE REQUIREMENTS - Section 4
Contractor shall procure and maintain for the duration of the contract the required insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work of the Contractor, its agents, employees, representatives, and subcontractors.

A. MINIMUM SCOPE OF INSURANCE

1. General Liability
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. Contractor's general liability policies shall be primary and non- contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.

Auto Liability
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.

Workers' Compensation
Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

B. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City.

At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, public officials, employees and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

C. OTHER INSURANCE PROVISIONS
The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:

Potholing Project INSURANCE REQUIREMENTS

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1. The City, its officers, public officials, employees and volunteers are to be covered as insured's with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor, and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

For any claims related to this project, the Contractor's liability insurance coverage shall be primary insurance as respects the City, its officers, public officials, employees and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

6. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.

If other than ISO forms are used by the insurers) for the Contractor, each form used will require individual review and approval by the City of Ripon.

ACCEPTABILITY OF COMMERCIAL INSURERS
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than "A-: VII."

END OF INSURANCE REQUIREMENTS
Potholing Project INSURANCE REQUIREMENTS

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