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MINUTES - 01011972 - Agreements R262 In 1
CONT.-RA COSTA COUNTY RE-CORDS OF THE CLERK OF THE BOARD OF SUPER-VISORS REEL # �-� � AGREEKENT S - VARIOUS YEARS Finance Building Remodel Building Maintenance Job No. 15 .9 Pleasant Hill 1973 Finance Building (Air Conditioning) , Maintenance Shop, 7#1330 Martinez 1972 Fire College Site Improvements (Contract 1) , WO 55 .7, Treat Blvd. Concord 1974 Fire College Site Improvements (Contract 2) , 11/0 5547, Treat Blvd. Concord 19711 STORED% REEL # a�VNDEX # MAP BOX 1 L 2 i 36 FM 73 1 DEC � 1December 111 1973 I y ALTERATIONS TO CONTRA COSTA CO?i':TY FINANCE BUILDING Martinez, California t ADDENDUM No. 2 i The following changes shall be made part of the Contract Documents: i Item 1. DRAWINGS Sheets 1 and 2. TACKBOARDS a.) Remove all tackboards on walls in areas where refurbishing work is indicated. Metal-framed, vinyl-covered and plytrood- backed cork tackboards shall be stored on site for relocating s on walls as directed by Owners Owner will remove from site those boards not used. Cork cemented to wall surface shall be removed completely. All wall surfaces damaged removing existing tackboards, including filling holes in walls, shall be repaired and left in suitable condition, as determined by . the Owner, to receive a paint finish. Item 2. DRAWINGS Sheet 2, Area 220. GIASS - a.) Remove existing obscure glass in two Hauserman metal walls, including doors, and replace with new clear glass: 3/16" crystal. Re-use existing metal stops. Item 3. DRAWINGS Sheet 3. GLASS FROSTING a.) The lower one-half of the clear glass in the two existing metal walls along the inside edge of the second floor Mezzanine comprising 13 panels shall receive an application on the inside I surface of "Modern Lux Glass Frosting No. 227" (L & H Paint Products of San Francisco) in accord with the instructions of the manufacturer. Item 4. DRAWINGS Sheet 22 Area 302. GLASS a.) Provide 3/16" crystal clear glass in lieu of existing glass in the two relocated partitions as described on Mezzanine Floor Plan. Item 5. DRAWINGS, Sheet 2, 2nd Floor. GENERAL a.) Contractor's attention is directed to the existing ceiling conditions. It should be noted that two ceilings are now in place approximately 16" apart. The original upper ceiling is metal-framed lath and plaster and the lower snap-in metal-pan type is suspended from the upper ceiling. Owner will provide for inspection of ceilings upon request by Bidder. Item 6. DRAWINGS, Sheet 2. WALL OPchING ia.) Side and head jambs of new opening between Areas 218 and 221 shall include a self-edge surround with metal corner reinforcement on the exterior corners on both sides of the wall. Contractor's Option: Plaster and metal lath or gypsum board. -1- ALTERATIONS TO CONTRA COSTA COUNTY FINANCE, BUILDING December 11, 1973 . ADDENDUM No. 2 (con't.) b.) Lintel over opening with necessary supporting posts shall comply with Code requirements. Contractor has option to use metal studding or fire-treated wood for framing. Item 7. DRAWINGS, Sheet 2. CLOSURE OF OPENINGS a.) Six wall openings on Mezzanine of second floor, at upper part of second floor windows, shall be closed as follows: 1.) Existing metal grille shall remain in place 2.) Provide backing and studs at 16" o.c. to support 5/8" gypsum board located to finish out flush with existing wall surface. Contractor may use fire treated wood or metal studs at his option. 3.) Finish surface to be ready to accept paint. 4.) Provide rubber base to match existing along entire wall where nlosures occur. Item 8. DRAWINGS, Sheet 3. FLOORING a.) Delete carpet on floor in Mezzanine areas 301 and 302. b.) Repair and patch existing resilient flooring in accord with Section 9-C of the Specifications in these areas. Item 9. DRAWINGS, Sheet 1 PARTITIONS a.) Include Drawing No. AD-1 titled "Revisions to Partitions @ 102 and 103" in the contract. Item 10. DRAWINGS, Sheet 2. PARTITIONS a.) Excess metal and glass partition components of newly located partitions remain the property of Owner and will be removed by Owner. Item 11. DRAWINGS, Sheet 1 and Door Schedule, Sheet 3. DOORS a.) Change Doors 1 & 2 to be solid core slab doors in lieu of that shown. Item 12. DRAWINGS, Sheets 1 and 2. DOORS a.) Install existing doors on their in-place hinges which were previously removed by others to facilitate furniture moving operations of previous occupancy. Item 13. DRAWINGS, Sheet 2. PAINTING a.) Include preparation and painting of all walls and appurtenances of Existing Corridor Area 216 in accord with Section 9-E of the Specifications. _2. a December 11, 1973 ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING (con't.) ADDENDUM No. 2 (con't.) Item 14. SPECIFICATIONS - DIVISION 1 - SECTION 1-B ALTERNATES a.) DIVISION 9 - SECTION 9E PAINTING (Item 10a of Addendum No. 1) DELETE entire Item 10 from Addendum No. 1.. b.) ADD: (4) Alternate No. 4 - Paint Ceilings of Areas 201 through 221, inclusive, excluding areas 213, 214, 215 and 217 (but including 216) ; also Areas 301 and 302. Paint existing ceilings in designated rooms in accord with Section 9-E of the Specifications. Item 15. SPECIFICATIONS DIVISION 16 —SECTION 16A - ELECTRICAL WORK ` a.) Heading 17 - Telephone Cable Raceways. ADD the following: Home runs, pertaining to telephone cable, shall mean as required to connect to the existing telephone boards or panels on the same floor. If additional vertical raceways to the attic are required, they will be installed by others or by Change Orders. Item 16. SPECIFICATIONS DIVISION 1 - SECTION 1-B ALTERNATES a.) Heading 3, Paragraph b, (3) (Item 3b of Addendum No. 1) CHANGE the word "vertical" in first sentence to "horizontal". b.) Heading 3 - ALTERNATE No. 3 In first sentence ADD "Areas 104 and 105" after "Area 101". Also in the NOTE change the word "three" to "five" and again add "Areas 104 and 105" after "Area 101". -3- t -/a GA. PC5h'O 5m pw4mr5 m G lva3 'cc+ !EZ' GO,cNER -=-R.;INFAfr -1 A� O t _ .-'='L.VAT`D:4--5 %s"_ !-o" VG AFHIND MAPRAIL .- USE--CLO5UR� 5TR/� F0,2 7iC ON �7AGKROARD OF VINYL W,4 L- GWf3 ' : CGY�T'T/NG t/vcGN r� "F/PCR- • -.BOARD_ US_E MIRAP-AROUND =vCGES. l02 4 tlmr ON ' _GWB_ g l03 D 2=6"jr ca5�o ' OP'ntC,.P,C'E55�D 5TL IN57AL.L XV FIt ERWD FR. W/o 7roP -wj Vc FINISH - l' OVZR GWB -! N14Pf-4(Z- Tb REM,4/N1 ON OT.I`i� r�r'.CTtT lO.til�- =YL ON _ 5E_ Norte otv 5,tr _T / =_PA�'T"f�4G. F1002 �r AtV i_ .OTNEi� NOTES RE447-ING TO T111S AREA SEE GOAMMA4T- DRAWIn/GS. - r�vl�lo:v� -� Ph.�Tli�ON•'7 �� !02 � !03 _D��r�. No. -AL -5)ZAT1O"6 7-0 cavrca co-;r,4 couvey x=1m1vc5 Psuit-aruc _ MA2TI NEZ� -GALlFo�'l-ll A- -. S.M. 1549 ' i r November 28, 1973 t • ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING Martinez, California. ADDENDUM No. 1 The following changes shall be made part of the Contract Documents: Item 1. DIVISION G. GENERAL CONDITIONS , a.) SECTION 5. Paragraph D. DELETE this entire paragraph Item 2. DIVISION - SECTION 1A- PROJECT GENERAL REQUIREMENTS a.) Heading 5. PROJECT OFFICE DELETE this entire section b.) Heading 6. PROJECT TELEPHONE DELETE this entire section c.) Heading 8. ACTIVITIES ON PREMISES Paragraph b. DELETE entire paragraph Paragraph c. DELETE entire paragraph and replace with i following: i The Contractor shall accomplish the work in the following order to accommodate the occupants of the building. The areas will not be occupied during course of work except where noted otherwise. 1 FIRST: Work in Areas 216, 218, 219, 220, and 221. SEOOND: Work in Areas 201, 202, 203, 204, 205, 206, 207, ' 2087 209, 2101 301, and 302. THIRD: All work in 2nd floor areas except 101, 102, and 103. r NOTE: Approximately eight County employees will remain, in F this area during the course of work in this area. They will cooperate and submit to a reasonable amount ' of shifting and moving to accommodate the Contractor's work. t FOURTH: Work in Areas 101, 102, and 103. FIFTH: Work in Areas 211 and 212. d.) Heading 9. DUST AND MUD CONTROL j DELETE this entire section and replace with the following: • Contractor shall maintain a clean, tidy and broom clean operation at all times. Special dust control and dust protection for Data Processing areas in basement will be I f i ADDENDUM No. 1 (con't.) • Item 2. DIVISION 1 - SECTION lA - PROJECT GENERAL REQUIREMENTS (con't.) d.) Heading 9. DUST AND MUD CONTROL (con't.) required as necessary to insure that dust generated by Contractor does not contaminate the Data Processing equipment. Contractor will use suitable means of protection as necessary, such as positive barriers or vacuum equipment. It is anticipated that this protection will be necessary during electrical work through or beneath the first floor which is above the Data Processing area. Heading 12. PERMITS ADD following: All permits will be obtained by the County at no cost to the Contractor. Item 3. DIVISION 1 - SECTION 1B - ALTERNATES a.) Heading 3, Paragraph a, General DELETE last sentence and replace with following: The Owner may reject all Alternate Bids or Owner may accept some or all of them. b.) Heading 3, Paragraph b, (3) Insert word "vertical" before words "fresh air opening" and add the following: Contractor may use the sheet metal plates removed from windows for this purpose. Attach plates with pop-rivets of a suitable size. Covered openings shall present a finished appearance when completed. Item 4. DIVISION 6 - SECTION 6A - DEMOLITION a.) Heading 7, Paragraph a, PERMITS ADD following: Contractor will not be required to pay any .fees associated with obtaining permits. Item S. DIVISION 6 - SECTION 6B-FINISH CARPENTRY, MILLWORK AND CUSTOM CABINETS a.) Heading S. MATERIALS - a General: ADD Paragraph (4) as follows: ALL glazing and glazing strips for the low-wall partitions "Mills Mainliner" will be provided by the County at no cost to the Contractor. Item 6. DIVISION 9 - SECTION 9C - RESILIENT FLOORING a.) Heading 6. INSTALLATION b Topset Cove and Carpet Base: DELETE last sentence and replace with following: • Base at carpeted areas shall be top set rubber base with coved bottom and shall be installed after carpet installation is completed. -2- ADDENDUM No. 1 (con't.) Item 6. DIVISION 9 - SECTION 9C - RESILIENT FLOORING (con't.) • b.) Heading 7. REPAIR OF FLOOR OUTLET PENETRATIONS ADD the following: a. All existing floor outlet penetrations (electrical and telephone) shall be capped or plugged and filled smooth to match existing surface with "FIX ALL", or equal. Blemished floor tiles at the floor penetrations shall be replaced with new tile. b. Base bid shall include allowance for removal, as necessary, and repair of forty-five (45) existing abandoned floor outlets. The actual number of existing abandoned floor outlets to be repaired will be determined during the course of the work and the contract price adjusted accordingly per the unit price (See Bid Proposal Page 15) . Item 7. DIVISION 9 - SECTION 9F - CARPETING a.) Heading 4. MATERIALS a CHANGE "CASCADE II" to read "CAPITOL MALL" DELETE items (1) through (9) and replace with following: (1) Pile Yarn: 100% Continuous Filament Cadon Nylon, Space Dyed (4 ply rated) (2) Face Weight: 28 oz. (3) Number Series: 34200 (4) Style: 1/8 (5) Stitches per Inch: 8 (6) Pile Height: .187 (7) Primary Back: Polypropylene (8) Secondary Back - Loktuft Latex: 30 oz. Secondary Back: 5.3 oz. (9) Tonal Weight: 68.6 oz. Item 8. DIVISION 15 - .SECTION 15A - AIR CONDITIONING, HEATING AND VENTILATING a.) Heading 2. SCOPE a (3) DELETE reference to conduit. Conduit will be installed under Section 16A. b.) Heading 3. PERMITS AND FEES DELETE entire paragraph and replace with following: All permits will be obtained by the County at no cost to the Contractor. Item 9. DIVISION 16 - SECTION 16A - ELECTRICAL WORK a.) Heading 4. PERMITS AND FEES DELETE first' two sentences and replace with following: All permits will be obtained by the County at no cost to the • Contractor. s -3- s ADDENDUM No. 1 (con't.) Item 9. DIVISION 16 - SECTION 16A - ELECTRICAI. WORK (con't.) b.) Heading 15. Unit Price work ADD the following: (1) Base Bid shall include allowance for the following quantities: a. Installation of all telephone floor outlets as , shown on plans. b.. Installation of all electrical floor outlets as shown on plans. c. Removal of forty (40) existing telephone floor outlets. d. Removal of fifty (50) existing electrical floor outlets. e. The actual extent of floor outlet work will be ! determined during the course of the work. The contract price will be adjusted in accordance with the unit price and actual deviations from the above quantities. (See Proposal Page 15) f. Contractor will not be required to supply electrical and telephone floor outlets. Those floor outlets removed will be re-installed and additional outlets, if required, will be provided by the County at no cost to the Contractor. i c.) Heading 16. Minimum Conduit Sizes ADD the following: 1.) Minimum electrical conduit shall be 3/4" diameter. 2.) Minimum telephone conduit shall be 1" diameter and all home runs shall be a minimum of 1'k" diameter. Item 10 DIVISION 9 - SECTION 9E -PAINTING I a.) Omit painting of ceiling in Areas 201 through 221, ! inclusive, also Areas 301 and 302. -4- Finance Building Contra Costa County TABLE OF CONTENTS No. of Pages DIVISION A. Notice to Contractors (Advertisement) 2 DIVISION B. Instructions to Bidders 5 DIVISION C. Performance Bond 2 DIVISION D. Labor and Material Bond 2 DIVISION E. Proposal (Bid Form) 4 DIVISION F. Articles of Agreement (Contract) 4 DIVISION G. General Conditions 25 SPECIFICATIONS Pates DIVISION 1 - GENERAL REQUIREMENTS Section 1A - Project General Requirements 1A-1 thru lA-4 DIVISION 2 - SITE WORK None in This Contract DIVISION 3 - CONCRETE None in This Contract DIVISION 4 - MASONRY None in This Contract DIVISION 5 - ME's None in This Contract DIVISION 6 - CARPENTRY Section 6A - Demolition 6A-1 thru 6A-3 6B - Finish Carpentry, Millwork and Custom Cabinets 6B-1 thru 6B-5 -1- TABLE OF CONTENTS I Finance Building Contra Costa County Pages DIVISION 7 - MOISTURE CONTROL None in This Contract DIVISION 8 - DOORS, WINDOWS, AND GLASS See Section 6B DIVISION 9 - FINISHES Section 9A - Gypsum Drywall 9A-1 thru 9A-3 9B - Suspended Ceiling 9B-1 thru 9B-3 9C - Resilient Flooring 9C-1 thru 9C-2 9D - Not Required 9E - Painting 9E-1 thru 9E-11 9F - Carpeting 9F-1 thru 9F-4 9G - Wall Covering 9G-1 thru 9G-3 DIVISION 10 - SPECIALTIES Section 10A - Accordion Partition 1OA-1 thru 1OA-2 DIVISION 11 - EQUIPMENT None in This Contract DIVISION 12 - FURNISHINGS None in This Contract DIVISION 13 - SPECIAL CONSTRUCTION None in This Contract DIVISION 14 - CONVEYING SYSTEMS None in This Contract DIVISION 15 - MECHANICAL Section 15A - Air Conditioning, Heating and Ventilating 15A-1 thru 15A-3 DIVISION 16 - ELECTRICAL Section 16A - Electrical Work 16A-1 thru 16A-10 -2- TABLE OF CONTENTS Finance Building Contra Costa County is DIVISION A. NOTICE TO CONTRACTOR (Advertisement) Novice is hereby given by order of the Board of Supervisors of Contra Costa County, that Clerk of said Board will receive bids for the furnishing of all labor, materials, equipment, transportation and services for ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING, MARTINEZ, CA 9+553. The estimated construction contract cost (Base Bid) is $ 58,500.00. Each bid is to be in accordance with the Drawings and Specifications on file at the Office of the Clerk of the Board of Supervisors, Room 103, County Administration Building, Martinez, California. The Drawings and Specifications may be examined at the Office of the Clerk of the Board of Supervisors or at the Public Works Department, 6th Floor, County Administration Building. Plans and Specifications may be pur- chased at the Public 'Works Department, 6th Floor, County Administration Building, upon payment of Three and 17/100 Dollars ($3.17) per set. (Includes 5-1/2% sales tax.) Each bid shall be made on a bid form to be obtained at the Public Works Department, 6th Floor, County Administration Building, and must be accompanied by a certified cashier's check or checks, or bid bond in the amount of ten percent (10%) of the base bid amount, made payable to the order of "The County of Contra Costa" and shall be sealed and filed with the Clerk of the Board of Supervisors. Bid proposals shall be submitted on or before December 18, 1973 at 11:00 a.m. and will be opened in public at the time due in the Board of Supervisors' Chambers, Room 107, Administration Building, Martinez, Contra Costa County, California, and there read and recorded. The above-mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be forfeited by the bidder and retained by the County if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County. The successful bidder will be required to furnish a Labor and Material Bond in an amount equal to fifty percent (50%) of the Contract price and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract price, said bonds to be secured from a Surety Company authorized to do business in the State of California. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has ascertained the general prevailing rate of per diem waged and rates for legal holidays and • overtime work in the locality in which this work is to be performed for each type of workman or mechanic required to execute the Contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. -3- DIVISION B. INSTRUCTION TO BIDDERS: The bidder shall carefully examine the instructions contained herein and satisfy himself as to the conditions with which he must comply prior to bid in submitting his proposal, and to the conditions affecting the award of contract. SECTION I. COMPETENCE OF BIDDERS: (a) License: No bidder may bid on work of a kind for which he is not properly licensed, and any such bid received may be disregarded. (b) Bidders shall be experienced in the type of work for which they are bidding and shall, upon request of the County, submit to the County a written list of completed projects, with the name of the owner or contract officer indicated. SECTION 2. SECURING DOCUMENTS: (a) Drawings and Specifications may be secured at the place and for the deposit or fee as called out in the "Notice to Contractor", page 3. (b) The deposit, if called for in the "Notice to Contractor", page 3, is a guarantee that the Drawings and Specifications will be returned in good condition. (c) The fee, if called for in the "Notice to Contractor", page 3, is a non-refundable payment to defray a portion of the printing and handling costs. SECTION 3. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: The bidders shall examine carefully the site of the work, and the plans and specifications therefor. He shall investigate and satisfy himself as to conditions to be encountered, the character, quality, and quantity of surface, and subsurface materials or obstacles to be encountered, the work to be performed, and materials to be furnished, and as to the requirements of the proposal, plans, and specifications of the contract. Where investigations of subsurface conditions have been made by the County in respect to foundation or other structural design, and that information is shown in the plans, said information represents only the statement by the County as to the character of material which has been actually encountered by it in its investigation, and is only included for the convenience of bidders. Investigations of subsurface conditions are made for the purpose of design, and the County assumes no responsibility whatever in respect to the sufficiency or accuracy of borings, or of the log of test borings, or other preliminary investigations, or of the interpretation therefor. There is no guarantee or warranty, either express or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unlooked for developments may not occur. Making such information avail- able to bidders is not to be construed in any way as a waiver of the provisions Rev. 12172 •5- • NOTICE TO CONTRACTORS (Continued) The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. No bidder may with- draw his bid for a period of thirty (30) days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BY W. T. Paasch County Clerk and Ex Officio Clerk of the Board of Supervisors, Contra Costa County, California By Deputy Dated: PUBLICATION DATES: Rev. 12/72 -4- • i SECTION b, BIDDING DOCUMENTS: (Con't.) (c) List of Proposed Subcontractors: Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of h of 1 percent of his total bid. In accordance with Chapter 2, Division 5, Title 1, of the Government Code. See Section 1 of Division G of these specifications for definition of subcontractor. See Section 6 of Division C of these specifications for further reference to subcontractors. (d) Bidder's Security: All bids shall have enclosed cash, a cashier's check, certified check, or a bidder's bond, as described below, executed as surety by a corporation authorized to issue surety bonds in the State of California, made payable to "Contra Costa County", in an amount equal to at least 10 percent of the amount of the bid. No bid shall be considered unless one of the forms of bidder's security is enclosed therewith. SECTION S. SUBMISSION OF PROPOSALS: Proposals shall be submitted to the Clerk of the Board of Super- visors of Contra Costa County at the place indicated on the bid proposal. It is the sole responsibility of the bidder to see that his bid is received in proper time. All proposals shall be submitted under sealed cover, plainly Identified as a proposal for the work being bid upon and addressed as directed in the Notice to Contractors and the bid proposal. Fatlure to do so may result In a premature opening of, or a failure to open such bid. Proposals which are not properly marked may be disregarded. SECTION 6, WITHDRAWAL OF PROPOSALS: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, provided that a request in writing. executed by the bidder or his duly authorized representative, for the withdrawal of such bid is filed with the Clerk of the Board of Supervisors of Contra Costa County. An oral, telegraphic, or telephonic request to withdraw a bid proposal Is not acceptable. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid. This article does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids. SECTION 7. PUBLIC OPENIN; OF PROPOSALS: Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. SECTION 8. IRREGULAR PROPOSALS: Proposals may be rejected if they show any alteration of form, addi- tions not called for, conditional bids. Incomplete bids. erasures, or irregularities of any kind. If bid amount is changed after the amount is originally inserted, the change should be Initialed. -7- • SECTION 3. EXAMINATION OF PIANS, SPECIFICATIONS, AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: (Con't.) of this article concerning the Contractor's responsibility for subsurface conditions, and bidders must satisfy themselves through their own investigations as to the actual conditions to be encountered. (b) RESPONSIBILITY FOR (TTILITIES: As part of the responsibility stated in subdivision (a) above, and without limitation thereon, the Contractor shall be responsible at his own cost for any and all work, expense or special precautions caused or required by the existence or proximity of utilities encountered in performing the work, including without limitation thereon, repair of any or all damage and all hand or exploratory excavation required. The bidder is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and the ducts enclosing such cables, and when working or excavating in the vicinity thereof, the special precautions to be observed at his own cost shall also include the following: All such cables and their enclosure ducts shall be exposed by careful hand excava- tion so as not to damage the ducts or cables, nor cause injury to persons, and suitable warning signs, barricades, and safety devices shall be erected as necessary or required. In connection with the foregoing, the bidder's attention is invited to Section 12 of Division G of these specifications. (c) DISCREPANCIES OR ERRORS: If omissions, discrepancies, or apparent errors are found in the plans and specifications prior to the date of bid opening, the bidder shall submit a written request for a clarification which will be given in the form of addenda to all bidders if time permits. Otherwise, in figuring the work, the bidders shall consider that any discrepancies or conflict between drawings and specifica- tions shall be governed by Section 15 of Division G of these specifications. SECTION 4. BIDDING DOCUMENTS (a) Bids shall be made upon the special Proposal (Bid Form) (See Section E of this Specification), with all items completely filled out; numbers shall be stated both in writing and in figures, the signatures of all persons signed shall be in longhand. The completed form should be without interlinea- tions, alterations or erasures, no alternative proposals. Additional copies of the Proposal (Bid Form) may be obtained from those supplying these specifications. (b) Bids shall not contain any recapitulation of the work to be done; alternative proposals will not be considered, unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. Rev. 12/72 -6- • • SECTION IRREGULAR PROPOSALS: (Con't.) The County also reserves the right to accept any or all alternates and unit prices called for on the Bid Form and their order of listing on such form shall in no way indicate the order in which the bids may be accepted. SECTION 9• COMPETITIVE BIDDING: If more than one proposal be offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or work to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid directly for the materials or work. All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this contract is in violation of the competitive bidding requirements of the State law and may render void any contract let under such circumstances. SECTION 10. AWARD OF CONTRACT: The right is reserved to reject any and all proposals. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within 30 days after the opening of the proposals. SECTION 11 . SPECIAL REQUIREMENTS: The bidder's attention is invited to the following special pro- visions of the contract, all of which are detailed in the General Conditions (Division G) or other documents included in these specifications. (a) Bonds (b) Insurance (c) Liquidated Damages (d) Guarantee (e) Inspection and Testing of Materials (f) Facilities to be Provided at Site (g) Assignment of Contract Prohibited SECTION 12. EXECUTION OF CONTRACT: The contract (example follows Page 18 ) shall be signed by the successful bidder in duplicate counterpart and returned within five (5) days of receipt, not including Saturdays, Sundays, and legal holidays, together with the Cantract Bonds and Certificates of Insurance. No contract shall be binding upon the County until same has been executed by the Contractor and the County. Should the Contractor begin work in advance of receiving notice that the contract has been approved as above provided, any work performed by him will be at his own risk and as a volunteer unless said contract is so approved. Rev. 12/72 -8- • • SECTION M. FAILURE TO EXECUTE CONTRACT: Failure to execute a contract and file acceptable bonds and certificates of insurance as provided herein within 10 days, not including Saturdays, Sundays, and legal holidays, after the successful bidder has received the contract for execution shall be just cause for the annulment of the award and the forfeiture of the bidder's security. If the successful bidder refuses or fails to execute the contract, the County may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the County may award the contract to the third lowest responsible bidder. On the failure or refusal of the second or third lowest responsible bidder to whom any such contract is so awarded to execute the same, such bidders' securities shall be likewise forfeited to the County. The work may then be readvertised or may be constructed by day labor as provided by State law. -9- • DIVISION C. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS: The Board of Supervisors of the County of Contra Costa, State of California By Resolution passed , 19_, has awarded to hereinafter designated as the "Principal", a Contract for constructing and, WHEREAS, said Principal is required under the terms of said Contract and the Specifications therefor, to furnish a bond for the faithful performance of said Contract, NOW, THEREFORE, We, the principal, and as Surety, are held and firmly bound unto the said County of Contra Costa, State of California, in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep.and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the said County of Contra Costa, its officers, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. Rev. 12/72 -10- • • PERFORMANCE BOND (Can't.) And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above- named, on the day of (To be signed by ) (Principal and Surety) Principal (and acknowledgment ) (and Notarial Seal to) By (be attached. ) Surety By The above bond is accepted and approved this day of , 19 The above bond is accepted and approved this day of , 19 Rev. 12/72 -11- • DIVISION D. PAYMENT BOND (Labor and Material Bond) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the Board of Supervisors, Contra Costa County, State of California by resolution passed , 19 , has awarded to designated as the "Principal," a contract for the work described as follows: WHEREAS, said principal is required by Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code to furnish a bond in connection with said contract: NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto Contra Costa County in the penal sum of Dollars ($ ), lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any person or persons named in Civil Code Section 3181 or fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor, then said Surety will pay for the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees, as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code. -12- Rev. 12/72 This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claisr under Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of 19 Principal By Surety By Attorney-in-Fact Rev. 12/72 -13- • Finance Building • Contra Costa County Bidder • DIVISION E. PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL THE eighteenth day of December, 1973 at 11:00 a.m. , in The Chamber of the Board of Supervisors, Roam 107, Adminis- tration Building, Martinez, California. (A) TO THE HONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING, MARTINEZ, CALI- FORNIA, 9 +553 in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Sunervisors. Room 103, County Administration Building, Martinez, California for the following sums; namely: f BASE BID I Shall include all of the work for the construction and completion of all facilities therein, but not including any of the work in the follcwing Alternates: For the sum of: • Dollars ($ i Alternates: State the amount to be added to the Base Bid amount for each of the following alternates as shown on the Drawings and/or specified under Section 1B ALTERNATES. ALTERNATE 1 - Accordion Partition and Changes to Ductwork and Lighting in Rooms No. 201 and No. 202 Add the sum of r Dollars ($ ALTERNATE 2 - _Repainting of Office Cubicles Add the sum of Dollars ($ ALTERNATE 3 - Modifications to Existing Unit Heaters and Windows i Add the sum of t Dollars ($ ALTERNATE 4 - Paint Ceilings of Areas 201 through 221, inclusive, also y Areas 301 and 302 Add the sum of Dollars ($ I -14- . . `111 DIVISION E. PROPOSAL (Bid Form) (con't.) UNIT PRICES: (To be complete in place including all Labor and Materials, } iequipment, profit, and overhead) 1. For adding to or deducting from the contract on a unit price basis, installation of telephone floor outletssupplied by the County, the sum of: Dollars ($ ) t 2. For adding to or deducting from the contract on a unit price basis, installation of electrical floor outletssupplied by the County, the sum of: Dollars ($ ) � 3. For adding to or deducting from the contract on a unit price basis, removal of telephone floor outlets, including plugging and refinishing of floors, the sum of: Dollars ($ ) 4. For adding to or deducting from the contract on a unit price basis, removal of electrical floor outlets, including plugging and refinishing of floor, the sum of: Dollars ($ ) • 5. For adding to or deducting from the contract on a unit price basis, for plugging existing abandoned outlet holes with Fix-All, or equal, and repairing floor to match existing. Dollars ($ ) (B) It is understood that this bid is based upon completion of the work within ninety (90) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then, he shall be liable to the County of Contra Costa in the amount of One Hundred Dollars ($100.00) per calendar day for each day said work remains incompleted beyond the time for com- ' pletion, as and for liquidated damages and not as a penalty, it being agreed and expressly stipulated that it would be impractical and diffi- cult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. (E) The undersigned has checked carefully all of the above figures and i understands that the Board of Supervisors will not be responsible 4 for any errors or omissions on the part of the undersigned in making S up this bid. t yi 1 -15- • DIVISION E. PROPOSAL (Bid Form) Con't. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advarcage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. 0 Cash 0 Bidders Bond O Cashiers Check 0 Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Addendum # dated Addendum b dated Addendum dated By Address Phone Licensed in accordance with an act providing for the registration of Con- tractors. Classification and License No. Dated this day of . 19 Rev. 12/72 -16- DIVISION E. PROPOSAL (Bid Form Cont. LIST OF SUBCONTRACTORS• (As required by SECTION 12 - "SUBCONTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUBCONTRACTORS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of Business Rev. 12/72 -17- • The following questionnaire shalt constitute an inclusion to the hid documents and shall be completed and attached to the Bid (Proposal) Form, aivno %.ith the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bit in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGULAR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. — QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yea ( ) No ( ) 2. If the answer to No. I is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes { ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( ) 5. If the answer to No. 4 is "yes", please explaia the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -18- DIVISION F. ARTICLES OF AGREEMENT# (Contract) CONTRACT - (Construction Agreement) (Contra Coate County Standard Fors) 1. VARIABLES. These variables are incorporated below by reference. (##2,3) Parties: )Public Agency) (Contractor) (#2) Effective Data: (See f/ for starting date.) (53) The Work: (61) Completion Tims: )strike out (a) or (b) "calendar" or "working") (a) By (date) (b) Within calendar/working days from starting date. (55) Liquidated Damages: $ per calendar day. (16) Public Agency's Agent: (17) Contract Price: $ (for unit price contracts: more at less, in accordance with finished quantities at unit bid prices.) (Strike out parenthetical material if Inapplicable.) P. SICNATUR£S 6 ACKROWLEDCMENT. Public Agency, By: (President or Chairman) CSecretary) Contractor, hereby also acknowledging awareness of and compliance with Labor Code #1861 concerning Workmen's Compensation Lay. By: (Designate official capacity in the business) Rote to Contractor: f1) Execute acknowledgment form below; and (2) if a corpora- tion, attach a certified copy of the bylaws, or of the revolution of the Beard of Direetore authorizing execution of this contract and of the bonds required kereby. ------------------------------------------------------------------------------------------ State of California ) ACK.YOWLEDGMENT (by Corporation, County of ) as. Partnership, or Individual) The person(s) signing above for Contractor, known to me in individual and business capacity as stated, personally appeared before an today and acknowledged that hclthey executed It and that the corporation or partnership named above executed it. Dated: (SEAL) Notary Pub/1c FORN APPROVED: J. B. CLAUSEN. County Counsel, ty —.—Deputy (Fere 1 of 4) -18a- (CC-1; Rev. 4-72) • 3. WORK CONTRACT, CHANGES. (a) By their signatures In Section 2, effective on tine above date, these parties promise and agree as set forth in this contract, incorporating by these references the material ("variables") in Sec. 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike canner, fully and faithfully perform and conplete this work; and will furnish all materials, labor, services and tr.rnsportatlon necessa rr, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plar}a,, drawings and specifications. (c) This work can be changed only with 'Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Sec. 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the speci- fications or the Notice to Proceed; and shall complete It as specified 1n Sec. 1. 5. LIQUIDATED DAMAGES. If the Contractor falls to complete this contract and this work within the time fixed therefor, allowance being made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, It is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work; and if the same be not paid, Public Agency may, in addition to its other remedies. deduct the same from any money due or to become due Contractor under this con- tract. If the Public Agency for any cause authorizes or contributes to a delay, suspen- sion of work or extension of time, Its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications, of any Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract; and they are Intended to co-operate, so that anything exhibited in the plans or drawings and not mentioned in the specifications, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Sec. 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1, except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first day of each calendar month the Contractor shall submit to the Public Agency a verified application for payment, supported by a statement showing all materials actually installed during the preceding month, the labor expended thereon, and the cost thereof; whereupon, after checking, the Public Agency shall issue to Contractor a certificate for the amount determined to be due, minus 10% thereof pursuant to Government Code Sec. 53067, but not until defective work and materials have been removed, replaced and made good. 8. PAYMENTS WITHHELD. (a) The Public Agency or Its agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, (2) Claims filed or reasonable evidence Indicating probable filing, (3) Failure to properly pay subcontractors or for material or labor, (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to souther contractor. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, an the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in r..aking good any , defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire (Page 2 of 4) (CC-1; Rev. 4-72) -18b- • 3. WORK CONTRACT CHANCES. (a) By their signatures In Section effective on the above date, tlesr parties promise and agree as act forth In this contract. Incorporating by these references the materlal ("variables") in Sec. 1. (b) Contractor shall. at hi,'awn cost and expense, and In a workmanlike canner, fully and faithfully perform and conplete this work; and will furnish all materials, labor, services and transportation nese—ar^. convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plaq-, drawings and sperlflcattons. (e) This work can be changed only with *Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Sec. 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the spec!- • fications or the Notice to Proceed; acd shall complete it as specified in Sec. 1. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the tine fixed therefor, allowance being made for contingencies as provided herein. he becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the nature of the case, It is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof. It is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sun specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay In fiaishing said work; and if the same be not paid, Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due Contractor under this con- tract. If the Public Agency for any cause authorises or contributes to a delay, suspen- sion of work or extension of time, its duration shall be adaed to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications, of any Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract; and they are intended to co-operate, so that anything exhibited In the plans or drawings and not mentioned In the specifications, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Sec. 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions. and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1. except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first day of each calendar month the Contractor shall submit to the Public Agency a verified application for payment, supported by a statement showing all materials actually installed during the preceding month, the labor expanded thereon, and the cost thereof; whereupon, after checking, the Public Agency shall issue to Contractor a certificate for the amount determined to be due, minus 102 thereof pursuant to Governsent Code Sec. 53067. but not until defective work and materials have been removed, replaced and made good. Be PAYMENTS WITHHELD. (a) The Public Agency or its agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, (2) Claims filed or reasonable evidence indicating probable filing. (3) Failure to properly pay subcontractors or for material or labor, (4) Reasonable doubt that the work can be completed for the balance then unpaid. or (5) Damage to another contractor. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to It, so a■ to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire (Page 2 of 4) (CC-1; Rev. 4-72) -18b- 17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT. This agreement binds the heirs, successors, assigns, and representatives of the Contractor: but he cannot sosign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless- they have w4fived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with- the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS 6 INDEMNITY. (a) Contractor promises to and shall hold harmless and Indemr.Ify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage. Inverse condemnation, or any combination of these, regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and Including the defense of any suit(s) or action(s) at law or equity concerning these. (d) The actions causing Liability are any act or omission (negligent or non- negligent) in connection with the matters covered by this contract and attributable to the contractor, subconcractor(s), or any officer(s), agent(s) or employee(s) of one or more of them. (e) Hon-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negli- gent or willful misconduct of any Indemnitee. ' (Page 4 of 4) CC-1; Rev. 4-72) -18d- s • 17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and econowy of Contra Costa County, and the Coutractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT. This agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot sasfga it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unleer they have wilved notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or ' payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS L INDEMNITY. (a) Contractor promises to and shall hold harmless and indemr.ifv from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, - and including the defense of any suit(s) or action(s) at law or equity concerning these. (d) The actions causing Liability are any act or omission (negligent or non- negligent) in connection with the matters covered by this contract and attributable to the contractor, subcontractor(s), or any officer(•), agent(s) or amployee(s) of one or more of them. (e) Hon-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(,) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negli- gent or willful misconduct of any Indemnitee. (Page 4 of 4) CC-1; Rev. 4-72) -18d- s DIVISION G. GENERAL CONDITIONS SECTION 1. Definitions: Whenever the following terms, pronouns in place of them, or initials of organizations appear in the contract documents, they shall have the following meaning: Addendum--A document issued by the County during the bidding period which modifies, supersedes, or supplements the original contract documents. Agreement--The written document of agreement, executed by the County and the Contractor. Architect or ineer--Shall mean the architect, engineer, individual or co-partnership, employed by the County of Contra Costa; as designated on the title sheet of these specifications. When Contra Costa County is designated as the Engineer, Engineer shall mean Victor W. Sauer, Public Works Director, or his authorized representative. Bidder--Any individual, partnership, corporation, association, joint venture, or any combination thereof, submitting a proposal for the work, acting directly, or through a duly authorized representative. Board of Supervisors--Shall mean the duly elected or appointed officials who constitute such a Board, who will act for the County in all matters pertaining to the Contract. Change Order--Is any change in contract time or price and any change in contract documents not covered by substitutions, submittals, or field orders. (See Section 21). Pro ect Inspector. Construction Su e�rviso�r, Ins ector, or Clerk of the Works shall mean the authorized agent of t eh County at t e sit of _t=e work. Contract--The contract is comprised of the contract documents. Contract Documents--The contract documents include the agreement, notice to contractors, instructions to bidders, proposal, plans, general condi- tions, supplementary general conditions, specifications, contract bonds, addenda, change orders, and supplementary agreements. Contractor--The individual, partnership, corporation, associa- tion, joint venture, or any combination thereof, who has entered into a contract with the County. County--Shall mean the County of Contra Costa, a political subdivision of the State of California and party of the first part, or its duly authorized agent acting within the scope of their authority. Field Order--Is an instruction given during the course of the work, not involving a change in contract time or price. (See Section 16B). General Notes--The written instructions, provisions, conditions or other requirements appearing on the drawings, and so identified thereon, which pertain to the performance of the work. Rev. 12/72 -19- • DIVISION G. GENERAL CONDITIONS (Coni.) SECTION 1. Definitions (Con't.) Plans -- The official drawings including plans, elevations, sections, detail drawings, diagrams, general notes, information and schedules thereon, or exact reproductions thereof, adopted and approved by the County showing the location, character, dimension, and details of the work. Specifications -- The instructions, provisions, conditions and detailed requirements pertaining to the methods and manner of performing the work, or to the qualities and quantities of work to be furnished and installed under this contract. Subcontractor -- An individual, partnership, corporation, association, joint venture. or any combination thereof, who contracts with the Contractor to perform work or labor or render service in or about the work. The term subcontractors shall not include those who supply materials only. Superintendent -- The representative of the Contractor who shall be present at the work site at all times during performance of the work. Such Superintendent shall at all times be fully authorized to receive and act upon instructions from the Architect or his authorized agents and to execute and direct the work on behalf of the Contractor. Supplementary Agreement -- A written agreement providing for alteration. amendment, or extension of the contract. Work -- The furnishing and installing of all labor, materials articles, supplies and equipment as specified, designated, or required by the contract. SECTION 2. GOVERNING LAWS AND REGULATIONS: A. The Contractor shall keep informed of and observe, and comply with and cause all of his agents and employees to observe and comply with all prevailing Federal and State laws, local ordinances, and rules and regulations made pursuant to said laws, which in any way affect the conduct of the work of this contract. B. All work and materials shall be in full accordance with the latest rules and regulations of the Uniform Building Code. the State Fire Marshal, the Safety Orders of the Division of Industrial Safety, the National Electric Code, the Uniform Plumbing Code published by the Western Plumbing Officials Association, and other applicable State laws or regulations. Nothing in these Plans or Specifications is to be construed to permit work not conforming to these Codes. The Contractor shall keep copies of Codes on job at all times during construction period. Rev. 9/72 _��_ • DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 2. GOVERNING LAWS AND REGULATIONS: (Con't.) C. Excerpts from Section 6422 of the Labor Code of the State of California are included below. The contractor shall comply fully with this section of the Labor Code as applicable. 'No contract for public works involving an estimated expenditure in excess of $25,000.00 for the excavation of any trench or trenches five feet or more in depth, shall be awarded unless it contains a clause requiring submission by the Contractor and acceptance by the awarding body or by a registered civil or structural engineer, employed by the awarding body, to whom authority to accept has been delegated, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. 'Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. "Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. "The terms 'public works' and 'awarding body', as used in this secticn shall have the same meaning as in labor Code Sections 1720 and 1722 respectively." SECTION 3. PATENTS AND ROYALTIES: A. The Contractor shall provide and pay for all licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the work. Certificates showing the payment of any such licenses or royalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by the Contractor and delivered to the County on com- pletion of the work, if required. -21- Rev. 12/72 • Dll'I.ilu.i :.. Gc:15P1!. JU:a�ITiu;�;; (Con'C.) SECTION 4 CONTRACTOR'S RESPONSIBILITY FOR WORT: AND PUBLIC UTILITIES: A. The Work Until the formal acceptance of the work by the County, the Contractor shall have the charge and care thereof and shall bear the risk of Injury or damage to any part of the work by the action of the elements or from any other cause except as provided in Section 23. The Contractor, at Contractor's cost, shall rsbuild, repair, restore. and make good all such damages to any portion of the work occasioned by any of such causes before its acceptance. B. Public Utilities: a. The Contractor shall send proper notices, make all necessary arrangements. and perform all other services required in the care and maintenance of all public utilities. The Contractor shall assume all responsibility concern- ing same for which the County may be liable. b. Enclosing or boxing in, for protection of any public utility equipment, shall be done by the Contractor. Upon completion of the work, the Contractor shall remove all enclosures, fill in all openings in masonry, grouting the same watertight, and leave in a finished condition. c. All connections to public utilities shall be made and maintained in such manner as not to interfere with the continuing use of same by the County during the entire progress of the work. SECTION 5. BOND AND INSURANCE: A. The contractor to whom the work is awarded shall within five (5) working days after being notified enter into a contract with the owner on the Contra Costa County Standard Form for the work in accordance with the drawing and Specifications, shall furnish and file at the same time labor and material and faithful performance bonds as set forth in the advertisement for bids. on a form acceptable to the County. B COMPENSATION INSURANCES The Contractor shall take out and maintain during the life of this Contract adequate Workman's Compensation Insurance for all his employees employed at the site of the project, and in case any work is sublet. the Contract shall require the subcontractor similarly to provide Workmen's Compensation Insurance for the latter's employees, unless such employees are covered by the protection afforded by the Contractor. Rev. 12172 -22- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION S. BOND AND INSURANCE: (Con's.) In case any class of employee engaged in hazardous work under the Contract at the site of the project is not protected under the Workmen's Compensation statute, or in case there is no applicable Workman's Compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of his employees not otherwise protected. C. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance, naming Contra Costa County as an additional insured, as shall protect him and any subcontractor performing work covered by this Contract, from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $250,000.00 for injuries, including wrongful death, to any one person, and, subject to the same limit for each person, in an amount not less than $500,000.00 on account of one accident, and property damage insurance in an amount not less than $50,000.00. The Contractor shall submit a Certificate of Liability Insurance which shall include the "hold harmless" agreement as required in the Articles of Agreement. D. FIRE INSURANCE: The Contractor shall carry fire and extended coverage insurance naming Contra Costa County as an additional insured during the period of construction of the work in an amount not less than the total amount of the progress payments received by him from Contra Costa County, less the amount paid to him on account of excavation and foundations. E. CERTIFICATES OF INSURANCE: Certificates of such Workmen's Compensation, Public Liability, Property Damage Insurance, and Fire Insurance, shall be filed with the County and shall be subject to County approval for adequacy of protection. Al: certificates shall indicate that Contra Costa County has been named as an additional insured. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled until at least ten days'prior written notice has been given to Contra Costa County. F. PERFORMANCE BOND: One bond shall be in the amount of One Hundred per cent (1007.) of the Contract, and shall insure the Owner during the life of the Contract and for the term of one (1) year from the date of acceptance of the work against faulty or improper materials or workmanship that may be discovered during that time. Rev. 12/72 -23- 40 DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 5. BOND AND INSURANCE: (Con't.) G. LABOR AND MATERIALS BOND: One bond shall be in the amount of fifty per cent (50") of the Contract price, and shall be in accordance with the laws of the State of California to secure the payment of all claims for labor and materials used or consumed in the performance of this Contract and of all amounts under the Unemployment Insurance Act. SECTION 6. SUBCONTRACTING: A. The Contractor shall be responsible for all work performed under this contract, and no subcontractor will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor. B. The Contractor shall give his personal attention to the ful- fillment of this contract and shall keep the work under his control. When any subcontractor fails to prosecute a portion of the work in a manner saClsfactory to the Architect or Engineer , the Contractor shall remove such subcontractor immediately upon written request of the Architect or Engineer and he shall not again be employed on the work. C. Although the specification sections of this contract may be arranged according to various trades, or general grouping of work, the contractor is not obligated to sublet the work in such manner. The County will not entertain requests to arbitrate disputes among subcontractors or between the Contractor and one or more subcontractors concerning responsibility for performing any part of the work. D. Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. E. Substitution of Subcontractors: Contractor shall not substitute any person or subcontractor in place of a subcontractor listed in his bid proposal without the written approval of the County. Substitution of subcon- tractors must be in accordance with the provisions of the "Subletting and Sub- contracting Fair Practices Act" beginning with Section 4100 of the Government Code. Violations of this Act by the Contractor may subject him to penalties which may include cancellation of contract, assessment of 10 per cent of the subcontractor's bid, and disciplinary action by the Contractors• State License Board. SECTION 7. TIME OF WORK AND DAMAGES: A- The County will designate the starting day of the contract on which the Contractor shall immediately begin and thereafter diligently prosecute the work to completion. The Contractor obligates himself to complete the work on or before the date, or within the number of calendar days, set forth In the Proposal (Bid Form) for completion, subject only to such adjustment of time as may be set forth in this article or pursuant to Section 21. Rev. 12/72 -24- • DIVISION C. GENERAL CONDITIONS (Coni.) SECTION 7. TIME OF WORK AND DAMAGES: (Coni.) B. If the work is not completed with the time required, damage will be sustained by the County. It is and will be impracticable and extremely dtfftcult to ascertain and determine the actual damage which the County will sustain by reason of such delay; and it is therefore agreed that the Contractor will pay to the County the sum of money stipulated per day in the Specifications for each and every day's delay in finishing the work beyond the time prescribed. If the Contractor fails to pay such liquidated damages the County may deduct the amount thereof from any money due or that may become due the Contractor under the contract. C. The work shall be regarded as completed upon the date the County has accepted the same in writing. D. If it appears to the Contractor that he will not complete the work in the stated time, he shall make written application to the County ■s soon as he so determines, but at least ten (10) calendar days prior to the expiration of the time for completion, stating the reasons why an extension should be granted and the amount of extension desired for each reason. The County may, then. in its discretion grant or deny such extension. E. Any money due, or to become due the Contractor, may be retained to cover said liquidated damages and should such money not be sufficient to cover such damages, the County shall have the right to recover the balance from the Contractor or his sureties. F. Should the County, for any cause, authorise a suspension of work, the time of such suspension will be added to the time allowed for comple- tion. Suspension of work by order of the County shall not be deemed a waiver of the claim of the County for damages for non-completion of the work after the adjusted time as required above. SECTION B. PROGRESS SCHEDULE: Within three weeks after the Contractor has been notified to start work, he shall submit to the County a practicable progress schedule of operations on a chart form approved by the County. The schedule of operations shall show the order in which the Contractor proposes to carry out the work, the dates on which he will start each major subdivision of the work, and the contemplated dates of completion of such subdivision. When required by the County, the Contractor shall submit an adjusted progress schedule on the approved form to reflect changed conditions. SECTION 9. TEMPORARY UTILITIES AND FACILITIES: A. All water used on the work will be furnished and paid for by the Contractor. The Contractor shall furnish the necessary temporary piping from the distribution point to the points on the site where water is necessary to carry on the work and upon completion of the work shall remove all temporary piping. Rev. 12/72 -25- • DIVISION C. GENERAL CONDITIONS (Con't.) SECTION 9. TDIPORARY UTILITIES AND FACILITIES: (Con't.) B. The Contractor, at his own cost, shall furnish and install all meters, all electric light and power equipment and wiring, all gas meters. gas equipment and piping that is necessary to perform his work and shall remove the same upon the completion of the work. The Contractor shall pay for all power, light and Ras used in the construction work. C. The Contractor shall furnish, wire for. install and maintain temporary electric light wherever it is necessary to provide illumination for the proper performance and/or inspection of the Work. The lighting shall pro- vide sufficient illumination and shall be so placed and distributed that these Specifications can be easily read in every place where said work is being per- formed. This temporary lighting equipment may be moved about but shall be maintained throughout the work. available for the use of the engineer, 1•roject Inspector, or any other authorized representative of the County whenever required for inspection. D. The Contractor shall provide and maintain for the duration of the work, temporary toilet facilities for the workmen. These facilities shall be of an approved type conforming to the requirements of the County Health Department, and shall be weather-tight structures with raised floors. Structures r� are to have adequate light and ventilation and door equipped with latch or lock. Contractor shall service such facilities daily, maintaining same in a clean and sanitary condition. Portion of site occupied by toilet facilities shall be graded and cleaned up upon removal of facilities when so ordered and/or upon completion of work. E. See Special Conditions for Variations to the above requirements. SECTION 10, PEIMITS AND LICENSES: A. Within incorporated cities. the Contractor shall obtain all permits, and all licenses. that are required for the performance of his work by all laws. ordinances. rules, regulations, or orders of any officer and/or body lawfully empowered to make or issue the same and having jurisdiction. and shall give all notices necessary in connection therewith and pay all fees lawfully required relating thereto and all costs and expenses lawfully incurred on account thereof. The Contractors attention is called to Health and Safety Code Section 19132.9. which states that one public jurisdiction may not charge for building permits for another public jurisdiction. B. Within the unincorporated area of Contra Costa County, the Contractor shall obtain all permits, and all licenses that are required for the performance of his work by all laws, ordinances, rules. regulations, or orders of any officer and/or body lawfully empowered to make or issue the same and having jurisdiction. and shall give all notices necessary in connection therewith. There will be no charge to the Contractor for permits issued by the County Building Inspector. Rev. 12/72 -26- i • DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 11. CONDUCT OF WORK: A. The Contractor shall observe that the County reserves the right to do other work in connection with the project by Contract or otherwise, and he shall at all times conduct his work so as to impose no hardship on the County or others engaged in the work. He shall adjust, correct and coordinate his work with the work of others so that no discrepancies shall result in the whole work. B. The Contractor shall provide an adequate work force, materials of proper quality, and equipment to properly carry on the work and to insure completion of each part in accordance with his schedule and with the time agreed. C. The Contractor shall personally superintend the work and shall maintain a competent superintendent or foreman at all times empowered to act in all matters pertaining to the work. D. Daily manpower reports shall be signed by the Contractor, or his Superintendent, and submitted weekly. E. Unless otherwise specified, the Contractor shall clear all obstructions and prepare the site ready for the construction. He shall verify dimensions and scale of plot plans, and shall check all dimensions, levels, and construction. F. Where work of one trade joins, or is en other work, there shall be no discrepancy or incomplete portions when the total project is complete. In engaging one kind of work with another, marring or damaging same will not be permitted. Should improper work of any trade be covered by another which results in damage, or defects, the whole work affected shall be made good by the Contractor without expense to the County. G. The Contractor shall anticipate the relations of the various trades to progress of the work and shall see that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking for each trade shell be a part of same, except where stated otherwise. H. Proper facilities shall be provided at all times for access of the County representatives to conveniently examine and inspect the work. I. Watchmen, at Contractor's option, shall be maintained during the progress of the work as required, at the expense of the contractor. SECTION 12. RESPONSIBILITY FOR SITE CONDITIONS: The following shall constitute exceptions, and the sole exceptions, to the responsibility of the Contractor set forth in Section 4, in the Instructions to Bidders: A. If during the course of the work the Contractor encounters active utility installations which are not shown or indicated in the plans or in the specifications, or which are found in a location substantially Rev. 12/72 -27- • DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 12, RESPONSIBILITY FOR SITE CONDITIONS: (Con't.) different from that shown, and such utilities are not reasonably apparent from visual examination, then he shall promptly notify the County in writing. Where necessary for .the work of the contract, the County shall issue a written order to the Contractor to make such adjustment, rearrangement, repair, removal. alteration, or special handling of such utility, including repair of the damaged utility. For the purposes of the foregoing, "active" shall mean other than abandoned, and "utility installations" shall include the following: Steam, petroleum products, air, chemical, water, sewer, storm water, gas, elec- tric, and telephone pipe lines or conduits. The Contractor shall perform the work described in such written order and compensation therefor will be made in accordance with Section 21, relating to changes in the work. Except for the items of cost specified in such Sections, the Contractor shall receive no compensation for any other cost. damage or delay to him due to the presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions from the County, then he shall be liable for any or all damage to such utilities or other work of the contract which arises from his operations subsequent to discovery thereof, and he shall repair and make good such damage at his own cost. B. If the contract requires excavation or other work to a stated limit of excavation beneath the surface, and if during the course of the Work the County orders a change of depth or dimension of such subsurface work due to discovery of unsuitable bearing material or for any other cause, then adjustment In contract price for such change will be made in accordance with Section 21. Except for the items of cost specified therein, the Contractor shall receive no compensation for any other cost, damage, or delay to him due to the presence of such unsuitable bearing material or other obstruction. SECTION 13, INSPECTION: A. The Contractor shall at all times permit the County and their authorized agents to visit and inspect the work or any part thereof and the shops where work is in preparation. This obligation shall include maintaining proper facilities and safe access for such inspection. Where the contract requires work to be tested, it shall not be covered up until inspected and approved by the County, and the Contractor shall be solely responsible for notify- ing the County where and when such work is in readiness for inspection and testing. Should any such work be covered without such test and approval, it shall be uncovered at the Contractor's expense. B. whenever the Contractor intends to perform work on Saturday. Sunday, or a legal holiday, he shall give notice to the County of such intention at least two working days prior to performing such work, or such other period as may be specified, so that the County may make necessary arrangements. Rev. 12172 -28- • • DIVISION G. GENERAL CONDITIONS (Coni.) SECTION 14, REJECTIONS OF MATERIALS: A. The Contractor shall promptly remove from the premises all materials condemned by the County as failing to conform to the Contract. whether incorporated in the work or not. and the Contractor shall promptly replace and reexecute his own work in accordance with the Contract and without expense to the County and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal, B. If the Contractor does not remove such condemned work and materials within reasonable time, fixed by written notice, the County may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expenses of such removal within ten (10) days there- after, the County may upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof after deducting all costs and expanses that should have been borne by the Contractor. SECTION 15, INTERPRETATION OF CONTRACT PMUlgEMENTS: A. Correlation: The contract documents shall be interpreted as being complementary in requiring a complete work ready for use and occupancy or. if not to be occupied, operation. Any requirement occurring in any one of the documents is as binding as though occurring in all. B. Conflicts in the Contract Documents: In the event of conflict In the contract documents, the priorities stated in subdivisions 1, 2, 3, and 4 below shall govern: 1. Addenda shall govern over all other contract documents, except the County's Standard Form Agreement unless it is specifically indicated that such addenda shall prevail. Subsequent addenda shall govern over prior addenda only to the extent specified. 2. In case of conflict between plans and specifications, the specifications shall govern, 3. Conflict within the Plans: a. Schedules, when identified as such, shall govern over all other portions of the plans. b. Specific Notes, shall govern over all other notes and all other portions of the plans. c. Larger scale drawings shall govern over smaller scale drawings. d. Figured or numerical dimensions shall govern over dimensions obtained by scaling. Rev. 12/72 -29_ • DIVISICN G. GENERAL CONDITIONS (Con't.) SECTION 15, INTERPRETATION OF CONTRACT REQUIREMENTS: (:on't.) 4. Conflicts within the Specifications: a. The "General Conditions of the Contract" shall govern over all sections of the specifications except for specific modifications thereto that may be stated in the Special Conditions. b. Omissions: If the contract documents are not complete as to any minor detail of a required construction system or with regard to the manner of combining or installing of parts, materials, or equipment. but there exists an accepted trade standard for good and workmanlike construction, such ' detail shall be deemed to have been impliedly required by the contract documents in accordance with such standard. "Minor detail" shall include the concept of substantially Identical components, where the price of each such component is small even though the aggregate cost or importance is substantial. and shall include a single component which is incidental, even though its cost or importance may be substantial. The quality and quantity of the parts or material so supplied shall conform to trade standards and be compatible with the type, composition. strength, size, and profile of the parts or materials otherwise set forth in the contract documents. SECTION 16, CLARIFICATIONS AND ADDITIONAL INSTRUCTION: A. Notification by Contractor: Should the Contractor discover any conflicts, omissions, or errors in the contract documents or have any question concerning interpretation or clarification of the contract documents. or if it appears to him that the work to be done or any matters relative there- to are not sufficiently detailed or explained in the contract documents, then. before proceeding with the work affected, he shall immediately notify the County in writing through the Construction Supervisor, and request Interpreta- tion, clarification or furnishing of additional detailed instructions concerning the work. All such questions shall be resolved and instructions to the Contractor issued within a reasonable time by the County, whose decision shall be final and conclusive. Should the Contractor proceed with the work affected before receipt of Instructions from the County, he shall remove and replace or adjust any work which is not in accordance therewith and he shall be responsible for any resultant damage, defect or added cost. B. Field Orders: During the course of the work the Architect and/or Engineer may issue Field Orders regarding the work. These Field Orders will supplement the Plans and Specifications in order to clarify the intent of the contract documents by adjustment to meet field conditions or to make the various phases of the work meet and join properly. A Field Order involves no change in contract time or price. Performance, partially or in full, of a Field Order shall constitute a waiver of claim for a change in contract time or price for the work covered by the Field Order, unless a Change Order has been issued. C. Change Orders: See Section 21, this Division. Rev. 12/72 -30- • DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 17. PRODUCT AND REFERENCE STANDARDS: A. Product Designation: When descriptive catalogue designations, including manufacturer's name, product brand name, or model number are referred to in the contract documents, such designations shall be considered as being those found in industry publications of current issue at date of first invitation to bid. B. Reference Standards: When standards of the Federal Government, trade societies, or trade associations are referred to in the contract documents by specific date of issue, these shall be considered a part of this contract. When such references do not bear a date of issue, the current published edition at date of first invitation to bid shall be considered as part of this contract. SECTION 18. MATERIALS, ARTICLES, AND EQUIPMENT: A. Material shall be new and of quality specified. When not particularly specified, material shall be the best of its class or kind. The Contractor shall, if required, submit satisfactory evidence as to the kind and quality of material. Price, fitness and quality being equal, preference shall be given to products made in California, in accordance with Section 4380 et seq., of the Government Code, State of California. B. Mechanical equipment, fixtures and material shall be delivered in original shipping crates to the job site and the County shall be notified of the receipt of such equipment, fixtures and material before uncrating. The County will, when desired, inspect such equipment, fixtures or material to determine any damage or deviation from that specified. Items damaged during delivery shall be rejected. C. Wherever the name or brand of a manufacturer's article is specified herein, it is used as a measure of quality and utility or a standard. If the Contractor desires to use say other brand or manufacture of equal quality and utility to chat specified, he shall make application to the County in writing for any proposed substitutions. Such application shall be accompanied by evidence satisfactory to the County that the material or process is equal to Rev. 12/72 -31- i DIV11;Ii:,N GENERAL C(NDITIOM (Con't.) S=UN 18, MATERIALS, ARTICLES. AN'D EQUIPMENT: (Can't.) that specified. Request for substitution shall be made in ample time for the County's consideration as no delay or extra time will be allowed on account thereof. Evidence furnished to the County by the Contractor shall consist of adequate size samples of material. testing laboratory reports on material or process, manufacturer's specification data, field reports on product's approval and use by other public agencies, material costs, and installation costs and maintenance provisions and experience or other data as required by the County. The County's decision concerning the refusal or acceptance of proposed s-lbstitute for that specified shall be accepted as final. Requests for substitution will only be considered when offered by the Contractor with the reason for substitution. *'allure to submit competent evidence as required and requested by County shall be considered grounds for refusal of substitution. The Contractor shall include n notice of change in contract prices. if substitution is approved. D. All materials shall be delivered so as to insure a speedy and uninterrupted progress of tI-e work. Same shall be stored so as to cause no obstruction, and so as to prevent overloading of any portion of the structure. and the Contractor shall be entirely responsible for damage or loss by weat!+er or other cause. E. Within fifteen (15) days after the signing of the Contract, the Contractor shall submit for approval to the Counts a complete list of all materials it is proposed to use under this Contract, which differ in any respect from -+aterials specified. This list shall include all materials which are proposes' by the subcontractors as well as by himself for use in work of his Contract and which are not specifically mentioned in the Specifications. This list must also include the figures received by the Contractor in bid form for the material or materials which are submitted for approval or substitution. together with the figures in bid form of the specified material or materials for which substitutions are proposed. In case a substitute Is offend and accepted as approved equal to materials specified, the cost of which is less than the cost of the material or equipment specified, then a credit shall be taken for the difference between the two costs In order that the County shall obtain whatever benefits may be derived from the substitution. Failure to propose the substitution of any article within thirty-five (35) days after the signing of the Contract may be deemed sufficient cause for the denial of request for substitution. ;Ecrion 19. SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES, ALTERNATIVES: A• The Contractor shall submit promptly to the County, so as to cause no delay in the work. all shop drawings. descriptive data and samples for the various trades as required by the specifications, and offers of alter- natives. If any. Such submittals shall be checked and coordinated by the Contractor with the work of other trades involved before they are submitted to the County for examination. Rev. 12/72 -32- i DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 19 SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES, ALTERNATIVES: (Con't.) B. The Contractor shall submit to the County shop or diagram drawings in the number of copies as required in submittal schedule, or five (5) copies if no schedule is included in these documents. The drawings shall show completely the work to be done; any error or omission shall be made good by the Contractor at his own expense, even though the work be installed before same becomes apparent, as approval by the County covers general layout only. Fabrication, details and inspection shall conform to approved Contract Drawings. C. Descriptive Data: Submit sets of manufacturer's brochures or other data required by the specifications in the number of copies as required in submittal schedule, or five (5) copies if no schedule is included in these documents. The County will examine such submittals, noting thereon corrections, and return three copies with a letter of transmittal indicating actions taken by the County or required of the Contractor. D. Samples: Submit samples of articles, materials or equipment as required by the specifications. The work shall be in accordance with the approval of the samples. Samples shall be removed from County property when directed. Samples not removed by the Contractor, at the County's option. will become the property of the County or will be removed or disposed of by the County at Contractor's expense. E. Alternatives: For convenience in designation on the plans or in the specifications. certain materials, articles, or equipment may be designated by a brand or trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as "designated by brand name". An alternative material, article, or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use provided the Contractor complies with the following requirements: 1. The Contractor shall submit his proposal for an alternative in writing within the time limit designated in the specifications. or if not designated, then within a period which will cause no delay in the work. 2. No such proposal will be considered unless accompanied by complete information, and descriptive data, necessary to determine the equality of the offered materials. articles, or equipment. Samples shall be provided when requested by the County. The Contractor shall note that the burden of proof as to the comparative quality or suitability of the offered materials, articles, or equip- ment shall be upon the Contraceor. The County shall be the sole judge as to such matters. In the event that the County rejects the use of such alternative materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished. Rev. 12/72 -33- 7 • DIVISIc": ::. GENERAL CCNOITIUNS (Con't.) SECT!bN 19, 3HuP DRAWINGS, DESCrRIPTIVE DATA, SAMPLES. ALTERNATIVES: (Con't.) The County will examine. with reasonable promptness, such submittals, and return of submittals to the Contractor shall not relieve the Contractor from responsibility for deviations and alternatives from the contract plans and specifications. nor shall It relieve him from responsibility for errors In the submittals. A failure by the Contractor to identify in his letter of transmittal material deviations from the plans and Specifications shall void the submittal and any action taken thereon by the County. When specifically requested by the County, the Contractor shall resubmit such shop drawings, descriptive data. and samples as may be required. If any mechanical, electrical, structural. or other changes are required for the proper installation and fit of alternative materials. articles, or equipment. or because ofdeviatlons from the contract plans and specifications, such changes shall not be made without the consent of the County and shall be made without additional cost to the County. SECTICN 20, SAMPLES AND TESTS: The Contractor shall cause to be performed at his own expense all tests of materials, articles. equipment or other work specified by the contract. The County reserves the right at its own expense to order tests of any part of the work in addition to those specified. If as a result of any such test the work is found unacceptable. it will be rejected and any additional test required by the County shall be at Contractor's expense. Unless otherwise directed, all samples for testing will be taken by the County from the materials. articles or equipment delivered, or from work performed, and tests will be under the super- vision of, or directed by, and at such places as may be convenient to the County. Materials, articles. and equipment requiring tests shall be delivered in ample time before intended use to allow for testing, and none may be used before receipt of written approval by the County. Any sample delivered to the County or to the premises for examination. including testing. shall be disposed of by the Contractor at his own expense within not more than ten (10) days after the Contractor acquires knowledge that such examination is concluded, unless otherwise directed by the County. SECTION 21. CHANGE ORDERS: The County reserves the right to order in writing changes in the plans and specifications, without voiding the contract, and the Contractor shall comply with such order. No change or deviation from the plans and specifications will be made without authority in writing from the County. Changed work shall be performed in accordance with the original requirements of the Contract Documents and previous fully executed Change Orders. A Change Order may adjust the contract price either upward or down- ward in accordance with either or a combination of the following bases, as the County may elect: (1) On a lump sum basis as supported by breakdown of estimated costs. -34- Rev. 12/72 • DIVISION G. GENERAL CONDITIONS (Can't.) SECTION 21. CHANGE ORDERS: (Con's.) (2) On a unit price basis. (3) On a cost-plus basis in accordance with the following conditions: (a) MARK-UPS: 1. For work performed by the General Contractor an amount equal to the direct cost (as defined herein) of the work plus 157 of the direct costa for overhead and profit. 2. For work performed by a sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 207 of the direct costs for overhead and profit. (Suggested breakdown: 15% to the sub-contractor, 57 to General Contractor.) 3. For work performed by a sub-sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 257 of the direct costs for overhead and profit. (Suggested breakdown: 157 to sub-sub-contractor, 57 to sub-contractor, 5% to General Contractor.) 4. In no case will the total mark-up be greater than 25% of the direct costs notwithstanding the number of contract tiers actually existing. 5. For deleted work the mark-up shall be 107 of the direct costs or the agreed upon estimate thereof. (b) DIRECT COSTS• 1. Labor: The costs for labor shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation and similar purposes. Labor rates will not be recognized when in excess of those prevailing in the locality and time the work is being performed. 2. Materials: The actual cost to the Contractor for the materials directly required for the performance of the changed work. Such cost of materials may include the cost of procurement, transportation and delivery if necessarily incurred. If a trade discount by the actual supplier is available to the Contractor, it shall be credited to the County. If the materials are obtained from a supply or source owned wholly or in part by the Contractor, payment therefore will not exceed the current wholesale price for such materials. The term "trade discount" includes the concept of cash discount. Rev. 12/72 -35- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANGE ORDERS: (Con't.) 2. Materials: (Con's.) If, in the opinion of the County, the cost of materials is excessive, or if the Contractor fails to furnish satisfactory evidence of the cost to him from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required. The County reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs or profits on material furnished by the County. 3. Equipment: The actual cost to the Contractor for the use of equipment directly required in the performance of the changed work. In computing the hourly rental of equipment, any time less than 30 minutes shall be considered one-half hour. No payment will be made for time while equipment is inoperative due to breakdowns or for non-working days. In addition, the rental time shall include the time required to move the equipment to the work from the nearest available source for rental of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading and transportation costs will be paid in lieu of rental time therefor. However, neither moving time nor loading and transportation costs will be paid if the equipment is used on the project in any other way than upon the changed work. Individual pieces of equipment having a replacement value of $1,000 or less shall be considered to be tools or small equipment, and no payment will be made therefor. For equipment owned, furnished, or rented by the Contractor, no cost therefor shall be recognized in excess of the rental rates established by distributors or equipment rental agencies in the locality where the work is performed. The amount to be paid to the Contractor for the use of equipment as set forth above shall constitute full compensation to the Contractor for the cost of fuel, power, oil, lubrication, supplies, small tools, small equipment, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, labor (except for equipment operators), and any and all costs to the Contractor incidental to the use of such equipment. 7 (c) ALLOWABLE TIME EXTENSIONS: For any change in the work, the Contractor shall be entitled only to such adjustments in time by which completion of the entire work is delayed due to performance of the changed work. Each estimate for a change in the work submitted by the Contractor shall state the amount of extra time that he considers should be allowed for making the requested change. Rev. 12/72 -36- • DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANGE ORDERS: (Con't.) (d) RECORDS AND SUPPORTIVE INFORMATION: (1) The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a cost-plus basis and the costs of other operations. (2) Contractor shall maintain daily records showing man hours and material quantities required for cost plus work. The Contractor shall use a form approved or provided by the County. The forms will be filled out in duplicate and the County's inspector will review and attach his approving signature to the form on the day the work is performed. (3) Rental and material charges shall be substantiated by valid copies of vendor's invoices. (4) The contractor's cost records pertaining to cost-plus work shall be open to inspection or audit by the County. (e) FAILURE TO AGREE AS TO COST: Notwithstanding the failure of the County and the Contractor to agree as to cost of the proposed change order, the Contractor, upon written order from the County, shall proceed immediately with the changed work. Daily job records shall be kept as indicated in Paragraph (d) above and when agreed to by the Contractor and the construction inspector, it shall become the basis for payment of the changed work. Agreement and execution of the daily job record by the construction inspector shall not preclude subsequent adjustment based upon a later audit by the County. Rev. 12/72 -37- DIVISION G. GENERAL CONDITIONS (Con's.) SECTION 22. LABOR; Every part of the work shall be accomplished by workmen, laborers, or mechanics especially skilled in the class of work required and workmanship shall be the best. SECTIGN 23 OCCUPANCY BY THE COUNTY PRIOR TO ACCEPTANCE: The County reserves the right to occupy all or any part of the project prior to completion of the work, upon written order therefor, In such event, the Contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the County. Such occupancy does not constitute acceptance by the County of the work or any portion thereof, nor will it relieve the Contractor of responsibility for correcting defective work or materials found at any time before the acceptance of the work as set forth In Section 28 or during the guaranty period after such acceptance, as set forth in Section 26. SECTION 24, PRESERVATION AND CLEANING: A. The Contractor shall protect and preserve the work from all damage or accident, providing any temporary roofs, window and door coverings, boxings or other construction as required by the County. This shall include any adjoining property of the County and others. B. The Contractor shall properly clean the work as it progresses. As directed during construction, rubbish shall be removed, and at completion the whole work shall be cleaned and all temporary construction, equipment and rubbish shall be removed from the site, all being left in a clean and proper condition satisfactory to the County. SECTION 25, PAYMENT OF FEDERAL OR STATE TAXES: Any Federal, State or local tax payable on articles furnished by the Contractor, under the Contract, shall be included in the Contract price and paid by the Contractor. The County will furnish Excise Tax Exemption Certificates to the Contractor for any articles which are required to be furnished under the Rev. 12/72 -38- DIVISION G. GENERAL CONDITIONS (Can't.) SECTION 25. PAYMENT OF FEDERAL OR STATE TAKES: (Can't.) Contract and which are exempt from Federal Excise Tax. SECTION 26. ACCEPTANCE: A. The work shall be accepted in writing only when it shall have been completed satisfactorily to the County. Partial payments shall not be construed as acceptance of any part of the work. B. In judging the work no allowance for deviations from the drawings and Specifications will be made, unless already approved in writing at the time and in the manner as called for heretofore. C. County shall be given adequate opportunity to make any neces- sary arrangements for fire insurance and extended coverage. D. Final acceptance of the contract will not be given until all requirements of the contract documents are complete and approved by the County. This shall include, but is not limited to, all construction, guarantee forms, parts list, schedules, tests, operating instructions, and as-built drawings all as required by the contract documents. SECTION 27. FINAL PAYMENT AND WAIVER TO CLAIMS: After the official acceptance of the work by the County, the Contractor shall submit to the County, on a form acceptable to the County, a request for payment in full in accordance with the contract. The form "Statement to Accompany Final Payment" shall be completed, signed by the Contractor and submitted to the County with the final payment request. SECTION 28. GUARANTEE: A. The Contractor hereby unconditionally guarantees that the work will be done in accordance with the requirements of the contract, and further guarantees the work of the contract to be and remain free of defects in workman- ship and materials for a period of one year from the date of acceptance of the contract, unless a longer guarantee period is specifically called for. The Contractor hereby agrees to repair or replace any and all work, together.with any other adjacent work which may be displaced in so doing, that may prove to.be not in its workmanship or material within the guarantee period specified, without any expense whatsoever to the County, ordinary wear and tear and unusual abuse or neglect excepted. B. Contract bonds are in full force and effect during the guarantee period. C. The Contractor further agrees, that within 10 calendar days after being notified in writing by the County of any work not in accordance with the requirements of the contract or any defects in the work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, aqd to complete the work within a reasonable period of time, and in the event he fails to so comply, he does hereby authorize the County to proceed to have such work done at the Contractor's expense and he will pay the cost thereof upon demand. The County shall be entitled to all costs, including reasonable attorney's fees, necessarily incurred upon the contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the County's Rev. 12/72 -39- DIVISION G. GEI4ERAL CONDITIONS (Coni.) SECTION 28. GUARANTEE: (Conot.) employees, property, or licensees, the County may undertake at the Contractor's expense without prior notice all work necessary to correct such hazardous conditions when it was caused by work of the Contractor not being in accordance with the requirements of this contract. D. The general contractor and each of the listed subcontractors shall execute and furnish the County with the standard guarantee form. (See page 41). Rev. 12/72 -40- GUARANTEE FOR OONTRA COSTA COUNTY BUILDING MARTINEZ, CALIFORNIA We hereby guarantee to the County of Contra Costa the (Type of Work) which we have installed in the (Name of Building) California, for year (s) use from date of filing of the completion notice in the Office of the County Recorder. We agree to repair or replace to the satisfaction of the County any or all such work that may prove defective in workmanship or materials within that period, ordinary wear and tear and unusual abuse or neglect excepted, together with any other work which may be damaged or displaced in so doing. If we fail to comply with the above mentioned conditions within a reasonable time after being notified in writing, we, collectively and separately, do hereby authorize the owner to proceed to have the defects repaired and made good at our expense and we will pay the costs and charges therefore immediately upon demand. This guarantee covers and includes any special terms, including time periods, specified for this work or materials in the plans and specifications for this project. This guarantee supersedes any previous guarantees we have made for this particular project. SUBCONTRACTOR Date: (Affix Corporate Seal) GENERAL CONTRACTOR Date: (Affix Corporate Seal) NOTE: If the firm is not a corporation, add a paragraph stating the type of business organization and the capacity and authority of the person signing the guarantee. -A L FORM STATEMENT TO ACCOMPANY FINAL PAYMENT To: Contra Costa County Public Works Department County Administration Building Martinez, California Re: Final Payment (Project) Dear Sir: The undersigned Contractor represents and agrees that the final payment includes herein all claims and demands, of whatever nature, which he has or may have against the County of Contra Costa in connection with the contract to construct the above-entitled project, and that payment by the County of the final estimate shall discharge and release it from any and all claims. The undersigned hereby certifies that all work, labor, and materials on this project have been furnished and purchased in full compliance with the contract and with all applicable laws and regulations. The undersigned states that his claim for final payment is true and correct, that no part has been theretofore paid, and that the amount therein is justly due. I declare under penalty of perjury that the foregoing is true and correct. Dated , at (City) , California. _42- Finance Building Contra Costa County SECTION lA PROJECT GENERAL REQUIREMENTS 1. INCLUSION OF GENERAL CONDITIONS AND DIVISION ONE The General Conditions are a part of this section and the contract for this work and apply to this section as fully as if repeated here. 2. SCOPE The work required to be performed by the Contractor consists of con- structing and completing the "Work" as defined in the General Con- ditions, in accordance with the Drawings and these Specifications and all applicable provisions of the Contract Documents. The work in- cludes furnishing all plant, labor, tools, equipment, appliances, materials, transportation, and services and performing all opera- tions necessary for and properly incidental to the construction and proper completion of the Project as shown and noted on the Drawings and as specified in these Specifications. Items furnished and in- stalled by Owner are noted N.I.C. Items furnished by the Owner but installed by the Contractor as part of the Work are so indicated on the Drawings. 3. DRAWINGS a The location and design of the required construction are shown on the Drawings accompanying these Specifications, which Drawings are hereby made a part of these Specifications and this Contract. A complete list of Drawings and Titles is given on the Title Sheet of the Drawings. b Where "as shown," "as indicated," "as noted," or words of similar import are used, it shall be understood that reference to the fore- going Drawings is made, unless otherwise stated. 4. UTILITIES a Electric Power and Water will be available at the site for use by the Contractor for work on this project. Installation and connection of said utilities will be performed by the Contractor. b Existing Toilet Facilities will be permitted by the Owner for use by the Contractor on this project. S. PROJECT OFFICE An area in the building will be designated for exclusive use of the Building Inspector and the Architect and his representatives and shall be provided for by Contractor to meet the following requirements. lA-1 1 PROJECT GENERAL REQUIREMENTS Finance Building Contra Costa County a A plan table at least 4' x 81 , and a plan rack. b Lighting sufficient to read the drawings and specifications. c No building materials will be permitted to be stored in the project office. d Office shall be installed in a location as directed by the Project Inspector, immediately at the beginning of the project and shall be maintained intact until final acceptance of the project by the Owner, or earlier as directed by the Project Inspector. 6. PROJECT TELEPHONE For the exclusive use of the Project Inspector and the Architect and his representatives shall be provided by the Contractor to meet the following requirements: a Toll-free use of private line. b Locate in Project Office where directed by the Project Inspector. c Telephone shall be installed immediately at beginning of project and shall remain in service until final acceptance of the project by the Owner, or earlier as directed by the Project Inspector. 7. CODES AND STANDARDS a Contractor shall conform to all local, city, county and state building and sanitary laws, rules and regulations, and industrial safety laws. In the absence of definite requirements on the drawings, the provisions of such rules and regulations shall be observed by the Contractor. b Unless otherwise noted, all manufactured materials, products, processes, equipment or the like shall be installed in accordance with manufac- turer's printed instructions or specifications. c Specified manufactured products, brand names and assemblies are to establish standards of quality and utility. Substitutions of equal quality and utility acceptable, subject to approval by the Owner. Refer to General Conditions, Section 19 and 20. d In the specifications following, certain industry, association, State and/or Federal Government Standard Specification documents are re- ferred to, to establish minimum requirements for materials and/or workmanship. Copies of each are on file in the Office of the Architect. Copies may be obtained by the Contractor by applying to the respective in- dustry, association, State and/or Federal Government department. 1-A 2 PROJECT GENERAL REQUIREMENTS Finance Building Contra Costa County (1) "F.S." refers to Federal Specifications of the respective numbers established by the Procurement Division of the United States Government, of the latest editions including Amendments thereto but not including War Emergency Amendments. (2) "C.S." refers to Commercial Standards of the respective number by U. S. Department of Commerce. (3) "A.S.T.M." refers to tentative specifications, standard speci- fications, standard methods or standard methods of testing, of the respective serial number issued by the American Society for Testing Materials. (4) "U.B.C." or "I.C.B.O." refers to Uniform Building Code by International Conference of Building Officials, of Edition as adopted and amended as a local ordinance. 8. ACTIVITIES ON PREMISES a Premises, buildings and other facilities adjacent to designated or assigned work, and storage areas and access routes will be occupied by Owner and in continuous operation throughout duration of this Contract. Work under the Contract shall be programmed and executed so as not to interrupt Owner's operations, and conducted to cause the least interference and nuisance possible. b The Contractor shall program into his bid sufficient off-hours and/or week-end time for items of work which will interfere with Owner's activities during regular business hours. c The Contractor shall prepare a sequence of construction and time schedule for Owner's review. No work shall commence before approval of said schedules by the Owner. d Premises, buildings, ground and utilities serving them not particu- larly assigned to Contractor shall not be used for Contractor's con- venience nor used without express permit to do so, arranged for in advance with Owner. e Contractor shall maintain and protect existing facilities encountered or in near vicinity of work or operations under the Contract, including on grade, above grade, and below grade structures,utilities, con- struction and improvements, whether existing or newly placed under the Contract. f No service shall be shut down, transferred or otherwise interrupted without first being scheduled to be done at a time agreeable to Owner. g When utilities are accidentally or inadvertently interrupted, they • shall be immediately restored to service prior to continuation of any other work under the Contract, regardless of the hour of occurrence. 1-A 3 PROJECT GENERAL REQUIREMENTS Finance Building Contra Costa County 9. DUST AND KJJD CONTROL a Contractor shall provide and apply dust control at all times including holidays and weekends, as required to abate dust nuisance on and about the site which is a result of construction activities. Quantities and equipment for dust control shall be sufficient to effectively prevent dust nuisance on and about the site; and when weather conditions war- rant. The Owner shall have authority to order dust control work when- ever it is required in his opinion, and there shall be no additional cost to the Owner therefor, but dust control shall be effectively maintained whether or not the Owner specifically orders such work. b Similarly, Contractor shall take proper measures to prevent tracking of debris onto City streets, roads, or drives. All egress from the site shall be maintained in a dry condition, and any debris tracked onto streets, roads, or drives shall be immediately removed and the affected area cleaned. The Owner may order such work at any time the conditions warrant. 10. AS-BUILT DRAWINGS a The General Contractor shall maintain "as-built" drawings of all work and subcontracts, continuously as the job progresses. A separate set of prints, for this purpose only, shall be kept at the job site at all times. It shall be required that these drawings be up-to-date and so certified by the Owner's Inspector at the time each progress bill is submitted. Fulfillment of this requirement is prerequisite to approval of requests for Progress Payments. b During the course of construction, actual locations to scale shall be identified on the drawings for all runs of mechanical and electrical work, including all site utilities, etc. , installed underground, in walls, floors, and furred spaces, or otherwise concealed. Deviations from the drawings shall be shown in detail. All main runs, whether piping, conduit, duct work, drain lines, etc., shall be lcoated in addition, by dimension and elevation. C Where the Architect's drawings are not of sufficient size and detail, Contractor shell furnish his own drawings for incorporation of details and dimensions. 11. MANPOWER REPORTS The Contractor shall deliver to the Project Inspector each week a completed copy of weekly manpower report. Report forms will be supplied by Contra Costa County. 1-A 4 PROJECT GENERAL REQUIREMENTS Finance Building Contra Costa County SECTION 1B ALTERNATES 1. INCLUSION OF GENERAL CONDITIONS AND DIVISION ONE The General Conditions, Division 1, General Requirements, are a part of this section and the contract for this work and apply to this Section as fully as if repeated here. 2. SCOPE In addition to the "Base Bid" as provided in the "Bid Form", the Contractor (Bidder) shall quote alternate prices in the spaces provided under "Alternate Bids" in the "Bid Form" for each alter- nate unit of work as hereinafter specified. 3. ALTERNATES a General: The Alternates are described below and listed by number corresponding to those listed in the "Bid Form." The Alternate Bids increase the scope of work defined by the Base Bid and represent additions to the cost of the Base Bid. No change in construction time will be per- mitted for any alternate. The Owner may reject all Alternate Bids, or the Owner may accept some or all of them in the numerical order of their listing. b Alternates: State in the "Bid Form" under "Alternate Bids" the amounts to be added to (or deducted from) the "Base Bid" in the event any of the following Alternates is accepted. (1) Alternate No. 1 - Accordion Partition and Changes to Ductwork and Lighting in Rooms No. 201 and No. 202 In lieu of existing condition in areas No. 201 and No. 202, furnish and install Accordion Partition and supporting truss system as specified under Section 10-A; make changes to ductwork and revise lighting fixture spacing as indicated on the drawings and specified herein. (Note: Repainting of this area is part of "Base Bid." (2) Alternate No. 2 - Repainting of Office Cubicles • Apply one coat of semi-gloss enamel to all metal panels, posts and accessories of all Metal Office Cubicles, furnished by the Owner and installed by the Contractor under "Base Bid." 1-B 1 ALTERNATES Finance Building Contra Costa County (3) Alternate No. 3 - Modifications to Existing Unit Heaters and Windows In lieu of existing condition of all unit heaters located under windows throughout first and second floor except in Area No. 101, make modifications as detailed on the drawings and as follows: (a) Remove fresh air intake elbows, window louvers and closure panels. (b) Glaze window openings with obscure glass to match existing pattern. (c) Close off fresh air openings at top of plenums with sheet metal and paint. Note: Three unit heaters and windows in Area No. 101 shall be modified under "Base Bid." • I-B 2 ALTERNATES Finance Building Contra Costa County SECTION 6A DEMOLITION 1. INCLUSION OF GENERAL CONDITIONS AND DIVISION ONE The General Conditions and Division 1, General Requirements, are a part of this section and the contract for this work and apply to this section as fully as if repeated here. 2. SCOPE a The Work Includes, but is not necessarily limited to the demolition and removal of portions of existing structure as shown and noted on the drawings and specified herein including removal from site of all materials demolished and debris caused by demolition work; mechanical coring and sawing through existing concrete as specified. b Related Work in Other Sections: (1) Removal of existing mechanical, plumbing or electrical work as may be required. (2) Dust enclosures or coverings where demolition is required within existing finished areas. 3. GENERAL PROVISIONS a Notify utility company and Owner of utilities being removed, and follow their recommendation as to treatment of existing service. b Demolition within existing finished areas shall not proceed until all protective enclosures and coverings are complete in place. c Owner reserves the right to remove any existing materials prior to vacating structures or prior to start of work under this Contract. d Burning or selling materials on site will not be permitted. e Materials demolished, razed or otherwise removed as required shall be property of the Contractor and disposed of off site, unless otherwise specified, or directed by the Project Inspector. f Demolition shall proceed in a safe manner. Equipment and materials shall be provided and procedures determined as necessary to avoid accidents, injury to persons and unnecessary damage to property. 6-A 1 DEMOLITION Finance Building Contra Costa County i g When unidentified utility lines are encountered during progress of the work, immediately verify service and status of same and notify the Owner; do not shut off or disturb such service until instructions are issued by the Owner. h Removals shall proceed to cause the least nuisance by dust and least interference by accumulations of waste materials and debris. Provide frequent and continuous removal of debris as necessary. General Contractor shall furnish trash dumster for the duration of job for general use. i Provide all safety measures as may be required by law for the parti- cular type of work carried on. 3 Particular attention shall be paid to details of removal of concrete wall sections to prevent damages and to result in clean openings to receive finished materials. k Mechanical coring or sawing shall be provided for removals where new piping or conduit is required to penetrate through or pass under existing concrete gloors. 5. EXISTING PARTITIONS a Existing partitions shall be removed in whole or in part as shown. Include all plaster or other wall finish, framing, plates, anchors and other items, complete. b Removals shall carefully be performed to cause least damage to adjacent in-place work. c Plaster or other wall finishes required to be removed in part only shall be carefully and accurately cut to straight lines and without unnecessary damage to parts required to remain. 6. PROTECTION OF STRUCTURES AND PROPERTY a Protect all adjacent property from damage by falling debris, dust, mechanical injury. b Repair any damage caused during and by demolition work. 7. PERMITS a Secure all permits as may be required for demolition, shoring. 8. SALVAGE AND DISPOSAL OF REM3VED MATERIALS a All existing materials which have been removed or disconnected and • are not indicated or specified for re-uae on the new work or to be delivered to the Owner for storage, shall become the property of the 6-A 2 DEMOLITION Finance Building Contra Costa County Contractor and shall be removed and disposed of off the site at the expense of the Contractor. b Existing materials or equipment specified for re-use on the new work shall be stored at the Contractor's expense and protected from damage during construction. c Existing materials or equipment specified for delivery to the Owner, and not specified for re-use on the new work, shall be delivered at the Contractor's expense to the Contra Costa County Corporation Yard located at 619 Shell Avenue, Martinez, California, Maintenance Shop. 6-A 3 DEMOLITION Finance Building Contra Costa County SECTION 6B FINISH CARPENTRY, HILLWORK AND CUSTOM CABINETS 1. INCLUSION OF GENERAL CONDITIONS AND DIVISION ONE The General Conditions and Division 1, General Requirements are a part of this Section and the Contract for this work and apply to this Section as fully as repeated here. 2. SCOPE a The Work Includes, but is not necessarily limited to, the furnishing and installing of all finish carpentry, millwork, custom cabinets, and related items, including repair and reconditioning of existing items, as shown and noted on the drawings and specified herein. 3. SHOP DRAWINGS Submit Hilly detailed shop drawings of all cabinets and millwork specified herein to the Architect for approval. No fabrication or work shall be commenced until shop drawings have been approved and returned to the Contractor. s 4. CODES AND STANDARDS Finish carpentry, millwork and cabinets throughout shall be "Custom" grade in accordance with the specifications, rules, and details of the Woodwork Institute of California's "Manual of Millwork," August 1, 1969 Edition. Materials, workmanship, and installation shall be in accordance with the aforementioned W.I.C. "Manual of Millwork" including all Amendments and Technical Bulletins. 5. MATERIALS a General: (1) All work shall be arranged for concealed fasteners only, except for miscellaneous brackets and similar devices where in obscure locations. (2) Pre-fit and preassemble cabinetwork to greatest extent possible; protect against damage; deliver in covered vans and do not deliver during rainy weather. (3) Refer to drawings for locations, details and full extent of work required; furnish and install all materials necessary to complete the work included. 6-B 1 FINISH CARPENTRY, MILLWORK AND CUSTOM CABINETS Finance Buiilding Contra Costa County b Interior Millwork. Trim and Casework: Materials shall be of the wood species indicated on the drawings, milled to the profiles and dimensions noted or detailed. Wood grades shall conform to Section 3 or 4, as applicable, of the W.I.C. "Manual of Millwork" and shall be as follows: (1) Millwork and Trim to be Painted: W.I.C. "Custom" grade. Wood may be any commercial species of available softwood or hardwood normally used for this purpose. (2) Millwork and Trim to Receive Stain or Transparent Finish: W.I.C. "Custom" grade. (3) Moisture Content: Al2 millwork shall be kiln-dried with a maximum allowable moisture content of 12%. (4) Plywoods and particleboards: Core Materials for Counter Tops, Faces and Ends: Particleboard, or plywood; comply with require- ments of W.I.C. Glossary. (5) Solid Stock: Exposed: Birch, Custom Grade per W.I.C. Section 4; for transparent finish. Semi-exposed: Hardwood, selected to match adjoining plywood quality. Concealed: Sound, dry lumber as required. (6) Laminated Plastic: NEMA Standard LD 1-1964, as applicable to the work required, as follows: Counter tops: 1/16" thick. Exposed cabinet surfaces: 1/32" thick. Balancing Sheet: Back sheet grade, 0.020". Colors and Surface: As selected from manufacturer's full range of colors and patterns. Adhesives as recommended by plastic manufacturer as best for the various plastic types and conditions required for the work. c Adhesives: As applicable to work required; waterproof type throughout. 6-B 2 FINISH CARPENTRY, MILLWORK AND CUSTOM CABINETS Finance Building Contra Costa County d Hardware: Each Gate- 1 pr Chicago 2002 26D 2 Silencers 1 Bumper WC9 AL BBW e Rough Hardware: Furnish all items of rough hardware, connections to studs, bolts, etc. , required to complete the work. Bolts, nuts, and washers shall be hot- dipped galvanized, conforming to ASTM A153-67. Washers shall be malleable iron. 6. FABRICATION AND WORKMANSHIP a Standards of Manufacture: Fabrication and workmanship shall conform to the requirements of the Woodwork Institute of California, "Manual of Millwork," Custom Grade, as specified. Standard wood moldings shall conform to Western Wood Products Association's WP Series. b General Requirements: Finish millwork shall be made to exact dimensions, profiles, and details shown on drawings and approved shop drawings. Finger joints will be permitted only for interior millwork to be painted. Sander waves, rough or raised grain, rough edges, splinters, etc., shall be removed. Millwork shall be left in suitable condition for paint, stain, or natural finish. Interior trim 2 inches wide and over shall be backed out unless otherwise shown. All exposed edges shall be eased. 7. INSTALLATION a Installation of finish carpentry, casework and millwork shall conform to the applicable requirements of the W.I.C. "Manual of Millwork". b Secure all interior finish with finishing nails or screws as required, unless otherwise indicated. Set nails and screws for putty stopping. C Hammer or tool marks or marred surfaces and edges will not be acceptable on any exposed finished surfaces and, as evidence of inferior workmanship, may be cause for rejection of such work. d All end splices exposed in finished members shall be accurately and neatly square butted. Install members in as long lengths as possible. e All work shall be installed to details shown, plumb, level, true to line, and securely anchored. Nails and screws shall be neatly set and 6-B 3 FINISH CARPENTRY, MILLWORK AND CUSTOM CABINETS Finance Building Contra Costra County s e all wood rained in the driving of nails and screws removed. Exterior corner Joints shall be mitered. Interior corner Joints may be coped. Casings at heads of doors and windows shall be mitered. Where molded members adjoin other molding or plain sections, the molded members shall be carefully and accurately scribed to the other members. All exposed edges shall be eased. f Prepare all woodwork installed hereunder by cleaning and sanding as required to receive finishes specified in Division 9, "Painting." 8. INSTALLATION OF BUILDING SPECIALTIES a Install all items which are not specified to be installed by the manu- facturer or supplier or under other sections of the specifications. Install in accordance with the details shown on the drawings, the manufacturer's printed installation instructions, and any additional requirements. All wall-mounted items shall be securely fastened to solid backing or blocking. b Install all other miscellaneous specialty items not specified to be installed under other sections, and complete all on-site finish carpentry work required to produce a complete and finished instal- lation. 9. MISCELLANEOUS ITEMS Finish carpentry work and miscellaneous items and their related com- ponents which are to be furnished and/or installed under this section are not necessarily individually described. The most important features and those requiring detail description are mentioned. Finish carpentry work and miscellaneous items not mentioned or de- scribed shall be furnished an/or installed in accordance with the intent of the drawings and specifications and as required to complete the work. a Hollow Metal Doors and Pressed Steel Frames: (1) Doors shall be "Presidential S" flush doors 1-3/4" thick face sheets of No. 18 U.S. gauge, cold rolled, leveled sheet steel; as manufactured by Fenestra. (2) Steel frames shall be "FEN-DRY" 16 gauge drywall frames as manu- factured by Fenestra. (3) Doors and frames shall have 3/16" hinge reinforcement. b Hardware: Each Door- 1-1/2 pr Butts BB 179 - 26D - 4-1/2 x 4-1/2 Stanley 1 Latchset 8U 15 - GR - 26D Sargent 1 Stop WC 9 AL BBW 6-B 4 FINISH CARPENTRY, MILLWORK AND CUSTOM CABINETS Finance Building Contra Costa County c Glass and Glazing: (1) Door lights - standard 1/4" thick, clear polished plate glass. (2) Clear glass - 7/32" heavy sheet. (3) Obscure glass - match existing pattern. (4) Glass for office cubicles shall have seamed edges. d Rolling Aluminum Windows: Extruded frame and sash sections, .063" thick, clear anodized finish, nylon pile continuous weatherstripping. Glazed ,,pith clear glass. e Installation of Office Cubicles: Installation of Office Cubicles, including glazing and re-glazing where shown on the drawings is part of this work. Panels, posts, obscure glass panels and accessories are in storage with the Owner. All fasteners required to secure post bases to concrete floor, and miscellaneous clips to provide a complete installation shall be furnished by the Contractor. Installation shall be in conformance with the manufacturer's standard specifications. 6-B 5 FINISH CARPENTRY, MILLWORK AND CUSTOM CABINETS Finance Building Contra Costa County SECTION 9A GYPSUM DRYWALL 1. INCLUSION OF GENERAL CONDITIONS AND DIVISION ONE The General Conditons and Division 1, General Requirements, are a part of this section and the contract for this work and apply to this section as fully as if repeated here. 2. SCOPE a The Work Includes, but is not necessarily limited to, the furnishing and installing of all gypsum wallboard construction, including framing, taping and finishing, furring, repair and patching and all accessories, as shown and noted on the drawings and specified herein. 3. SUBMITTALS Submit complete list of materials for approval. 4. CODES AND STANDARDS Gypsum drywall construction shall conform with the applicable require- ments of "Drywall Construction" published by the Drywall Contract Administrative Trust with the California Drywall Contractors Associa- tion, latest edition, and the "Uniform Building Code," 1970 Edition, Volume I, Chapter 47, "Lathing, Plastering and Installation of Wallboard." 5. MATERIALS a Gypsum Wallboard shall comply with Federal Specifications S-L-30b and SS-L-30c, and ASTM C36-67, Type X, and shall be grade manufactured specifically for finished scall surfaces. It shall be 5/8" thick with tapered longitudinal edges, 4'-0" wide, and in lengths that will result in a minimum footage of joints. It shall bear the manufacturer's trademark and the label of the Underwriters' Laboratories, Incorporated, for one-hour fire rating. Gypsum wallboard shall be U.S. Gypsum's "Sheetrock Firecode," Kaiser Gypsum's "Null-A-Fire," National Gypsum's "Fire-Shield," or approved equal. Gypsum wallboard shall be used for all exposed surfaces and as backing for vinyl wall covering where shown or required. b Screws for attaching gypsum wallboard to metal studs and furring channels shall be 1-1/4" and 2-1/4" long as required, Phillips-head, Type S, contoured, self-drilling, self-tapping, anodized steel drywall screws. Screws for attaching gypsum wallboard to wood framing shall be type W. 9-A 1 GYPSUM DRYWALL Finance Building Contra Costa County c Metal Trim for gypsum drywall construction shall be electro-galvanized steel edge trim and corner bead, precision-manufactured for the pur- pose and standard products of the manufacturer of the gypsum wall- board. Use metal corner bead for all external corners and angles and L-shaped angle type metal edge trim at all junctions of gypsum wallboard and walls of other materials. d Taping and Finishing Materials shall be standard products of the manufacturer of the gypsum wallboard, manufactured specifically for the taping and finishing of gypsum drywall construction, U.S. Gypsum's "Pert-A-Tape Joint System," Kaiser Gypsum's "Kaiser Joint Compound System," National Gypsum's "Joint Treatment System," or approved equal. e Laminating Adhesive shall be the gypsum wallboard manufacturer's standard Joint or Embedding Compound. f Miscellaneous Items: Furnish all miscellaneous components not speci- fied herein but shown on the drawings and any other items required to complete the installation. 6. INSTALLATION a Gypsum Wallboard: (1) Before applying gypsum wallboard, see that corners and framing are plumb, true and solid. Apply no wallboard until conduits, pipes, ducts, vents, supports, fixture frames, etc. , are in place and tested as required. All edges and ends of wallboard shall have solid bearing. (2) Wallboard over wood framing shall be screw attached hereinbefore specified, 6 inches on center for ceilings and 7 inches on center for walls, at all bearings. Screws shall be spaced not less than 3/8" from edges and ends and shall be driven straight with the heads set slightly below Vrie surface, taking care to avoid breaking the paper face. 7. PATCHING AND REPAIR a All holes and damaged areas in existing cement and gypsum plaster finish shall be patched and repaired with specified gypsum drywall system. b Minor surface blemishes which can be repaired in one coat spackling application will be performed under painting work. c All existing gypsum plaster finish and lath damaged by water from roof leaks or other sources shall be cut out and patched with specified gypsum drywall system to create a smooth surface suitable to receive finishes by others. q-A 2 GYPSUM DRYWALL Finance Building Contra Costa County 8. TAPING AND FINISHING a All joints, corners, screw heads, imperfections, etc. , shall be taped and finished with the gypsum wallboard manufacturer's standard Joint Tape, Joint or Embedding Compound, and Topping or Finishing Compound in accordance with the manufacturer's specifications and recommendations and as herein specified. b A11 joints, wall and ceiling angles, and inside vertical corners shall be reinforced with tape imbedded in joint compound and finished with not less than two applications of topping of finishing compound, allowing each application to dry thoroughly and sanding between coats as required. Dimples at screw heads and all other imperfections shall be similarly treated. c External corners, edges, and ends with metal beads and edge trim shall have the flanges completely speckled and feathered off smooth from the nose. d The final application of compound and sending shall leave all gypsum wallboard surfaces uniformly smooth and in first-class condition to receive a painted finish. e Gypsum wallboard surfaces as backing for vinyl wall covering shall be taped and finished as specified above for finished wall surfaces. 9A 3 GYPSUM DRYWALL Finance Building Contra Costa County SECTION 9B SUSPENDED CEILING SYSTEM 1. INCLUSION OF GENERAL CONDITIONS AND DIVISION ONE The General Conditions and Division 1, General Requirements are a part of this section and the contract for this work and apply to this section as fully as if repeated here. 2. SCOPE a The Work Includes, but is not necessarily limited to, the furnishing and installing of suspended ceiling system as shown on drawings and as specified herein: (1) Grid suspension system, including hanging wires and all acces- sories. (2) Modifications, removal and repair of existing metal ceiling system. (3) Acoustical Board. 3. MATERIALS a Acoustical Board: Armstrong Co. "Minaboard" Lay-In Series, or equal, mineral fiberboard. (1) Rating: Class 25 (2) Typical Size: 24" x 48" x 5/8" square edge. (3) Pattern: Georgian (4) N.R.C. Range: .45 - .55 (5) S.T.C. Range: 33 - 37 (6) Finish: Factory applied, washable, white vinyl latex paint, 759 light reflection. b Grid Assembly: Type: Donn Products "Donn DV" system or approved equal, direct suspension, exposed grid assembly consisting of painted steel members as follows: (1) Basic Module: 24" x 48" (2) Main and Cross Runners: Low sheen satin white, 15/16" wide tee face. (3) Perimeter Wall Angles: Shadow molding, finish as for runners; • hemmed and pre-notched with black reveal. 9-B 1 SUSPENDED CEILING SYSTEM Finance Building Contra Costra County (4) Hanger Wire: Galvanized soft annealed steel wire 12 gage, factory drawn and straightened. (5) Pop Rivets: 1/8" diameter, steel shank and mandrel; United Shoe Manufacturing Co. ; or equal; for securing main members to connection clips. (6) Hanger Clips: Manufacturer's standard type combination hanger and splice clip. (7) Hanger Clips: Manufacturer's standard type field or end runner expansion sleeves; for main and cross runners; one unit each uninterrupted run 80 feet and longer; as required. (8) Hold--down Clips: Manufacturer's standard type; for all lay-in acoustical board. 4. INSTALLATION OF GRID SYSTEM AND ACOUSTICAL BOARD a General: (1) Remove existing metal ceiling in areas receiving new system, and store for patching and repair work. (2) Adjacent partitions, furring and rough mechanical and electrical work in the ceiling plenum spaces shall be complete. b Hangers: (1) Install at all locations. Where obstructions are encountered, provide additional hangers and metal framing as necessary to meet this requirement. (2) Space hangers along each main runner at not more than 48" on center; not more than 6" from any main runner splice joint; and not more than 12" from terminal ends of runners. (3) Where light fixtures larger than 12" x 12" occur, ceiling systems shall be supported by one hanger wire at each corner of fixture; arrange hanger layout for coincidental location to meet this requirement, where possible; otherwise provide additional hangers as necessary. (4) Lock hanger wire ends by not less than three twists around the vertical supporting wire section. c Grid Assembly: (1) Provide grid framing necessary for related construction or penetrations required for work under other Sections. (2) Erect grid assemblies in strict accordance with manufacturer's instructions. Provide all cutting and fitting as may be neces- sary. Water-level each grid assembly in each area before installing any acoustical material or panels. (3) Secure wall angle at all intersections at main and cross runners all around the perimeter. (4) Secure main and cross runners to wall angle with pop rivets along two adjacent walls in every room or area. 9-B 2 SUSPENDED CEILING SYSTEri Finance Building Contra Costa County d Acoustical Board: (1) Penetrations through acoustical board shall be made by neatly cutting not more than 1/4" away from the penetrating surfaces. (2) Size acoustical board as necessary to lay into the grid assembly without force or distortion. When placed, all edges of each board or panel shall rest uniformly and freely on the grid member flanges. 5. COMPLETION a Clean runners, boards, and adjacent surfaces free from smears, splatter, dust, etc. , as work progresses. b Upon completion all work shall be free from broken or damaged members. c Remove all debris resulting from this work. 9-B 3 SUSPENDED CEILING SYSTEM Finance Building Contra Costa County SECTION 9C RESILIENT FLOORING 1. INCLUSION OF GENERAL CONDITIONS AND DIVISION ONE The General Conditions and Division 1, General Requirements are a part of this section and the contract for this work and apply to this section as fully as if repeated here. 2. SCOPE a The Work Includes, but is not necessarily limited to, the furnishing and installing of all resilient flooring for repair and patching and base, including accessories; as shown and noted on the drawings and specified herein. 3. SAMPLES Submit samples of resilient flooring material, rubber stair tread, resilient base, edge trim, and accessories to the Architect for approval. Contractor shall not purchase any materials until the Architect has approved the samples. Provide mill with tread sample to shape wood tread nosing for tight fit. 4. MATERIALS a Vinyl Asbestos Tile: For patching and repair shall match existing field as closely as possible in thickness, size and color. b Rubber Treads: 5116" thick square nose, with grit strips, marbelized color as selected; by The Burke Rubber Co. c Base shall be topset cove and straight base as scheduled on drawings, 7-high, rubber or vinyl, in colors as selected and approved by the Architect from manufacturer's standard color range. Base at all internal corners shall be expertly mitered. Include base at case- work and cabinets as shown and required. d Adhesives and primers shall be only those products specified or recommended by the manufacturers of the particular resilient flooring and base furnished. Use cut-back type adhesive for vinyl-asbestos tile. 5. INSPECTION AND PREPARATION OF SURFACES a Inspection of Subsurfaces: Before starting the installation of any resilient flooring, or base thoroughly examine all surfaces on which the finish flooring and 9-C 1 RESILIENT FLOORING Finance Building Contra Costa County base are to be applied. Examination includes bond, moisture, and alkali testing of concrete subfloors. Notify the Architect of any defective surfaces or conditions preventing proper execution of the work. Starting of work without such notification will be considered acceptance by the Contractor of the surfaces involved. b Cleaning and Preparation of Subfloor Surfaces: Remove all damaged tile where partitions have been demolished. Subfloor surfaces shall be thoroughly dry, clean of dust, paint spots, grease, and bond-breaking or curing compounds. Subsurfaces shall also be free from unusual roughness and sharp edges to prevent protrusions and bulges after resilient material is laid. Fill all joints, cracks, or depressions in concrete slabs with specified floor patch. Allow twenty-four (24) hours drying time before applying any reilient flooring. 6. INSTALLATION a Materials and Adhesives: Keep at a temperature of 70 degrees F. or higher for at least forty- eight (48) hours before using, and maintain 70 degrees or higher room temperatures at least 3 days before, during, and after appli- cation of materials. Apply all materials in strict accordance with the manufacturer's installation instructions. Materials shall be installed only by skilled and experienced applicators authorized and approved by the manufacturer. b Topset Cove and Carpet Base: Complete resilient flooring installation before applying base. Install base on all walls as indicated and on fronts, toe spaces, and finished backs and ends of cabinets with adhesive recommended by manufacturer of base. Apply adhesive to both wall and base and press firmly into place. Maintain top edge at true horizontal line. Toe of coved base shall contact floor for entire length. Closely butt end Joints, top edge, and faces flush. Remove all excess adhesive. Apply straight base in same manner, except straight base shall be installed before carpet is laid. 9-C 2 RESILIENT FLOORING Finance Building • Contra Costa County SECTION 9E PAINTING 1. INCLUSION OF GENERAL CONDITIONS AND DMSION ONE The General Conditions and Division 1, General Requirements are a part of this section and the contract for this work and apply to this section as fully as if repeated here. 2. SCOPE a The Work Includes, but is not necessarily limited to, the furnishing of all materials and equipment and the completion of all painter's finish on all exposed surfaces as required to complete the finishing of the building as shown and noted on the drawings and specified herein. b Surfaces Not to be Painted: (1) All concrete floors and any concrete surfaces specifically scheduled not to be painted. (2) All non-ferrous metal surfaces. (3) All unexposed piping, ducts, and conduit, except where specified to be color-coded where required by applicable codes. (4) All items and equipment with factory finish, except where primed only for finish painting or where factory finish is required to be painted out to match adjacent wall or ceiling finish. (5) Any surfaces specifically scheduled or noted on drawings as not to be painted. 3. COLORS AND SAMPLES a Colors: The Architect will prepare a color schedule with samples for guidance of the painter and reserves the right to select, allocate, and vary colors on different surfaces throughout the building, subject to the limitation that no more than 8 paint colors and no more than 10% of deep tone paint colors will be selected. Where areas and surfaces are indicated as black, on drawings or in the specifications, they shall be so painted unless specifically directed otherwise. 9-E 1 PAINTING Finance Building • Contra Costa County b Samples: Before beginning work, prepare for approval a sample of each color and finish required. Such approved samples shall constitute stan- dards for color and finish for acceptance or rejection of completed work. Make samples 8 x 10 inches in size and upon materials corres- ponding with those to be finished in the building. Furnish sufficient samples until approval has been obtained. The approved samples shall be marked for identification and retained by the Architect. All work shall match the approved colors and samples. 4. MATERIALS a Manufacturers: Materials are specified by brand names to establish a standard of quality, or by performance requirements and general description of product. The Architect will consider substitutions for brand names of products specified, provided the procedures set forth in the General Conditions are followed. The Architect reserves the right to reject any materials which, in his opinion, will not produce the quality of work specified herein. None but accepted and approved materials shall be delivered to the job. The term "paint" as used herein includes enamels, paints, stains, varnishes, emulsions, lac- quers, and sealers. The following manufacturers' products and numbers constitute the standards for the primers and finish coats of the ra.int systems hereinafter specified: Product Description Fuller Glidden Ameritone (1) Primer, Ferrous Metal 121-00 585 54 (2) Primer, Galvanized Metal 221-14 5229 52 (3) Exterior Latex Masonry Paint 262-XX 3500 W00 (4) Exterior Wood Primer 220-23 1851 55 (5) Exterior Enamelized House Paint for Wood and Metal 260-XX 1801 6200 • 9-E 2 PAINTING Finance Building Contra Costa County Product Description Fuller Glidden Ameritone (6) Exterior 290 Wood Stain 645-XX Line (7) Exterior Clear Finish, Poly- urethane Base, Satin 652-01 107 (8) P.V.A. Primer-Sealer 220-22 5019 W100 (9) Alkyd Primer-Sealer 220-06 5016 77 (10) Semi-Gloss Heavy-Bodied Stipple Paint 219-00 19-W-705 1349 (11) Eggshell Heavy-Bodied Stipple Paint 219-12 (lla) Satin Latex enamel, or 214-xx Alkyd semi- gloss enamel 110-XX (12) Enamel Undercoat 220-07 555 89 (13) Gloss Enamel 211-XX 40-W-747 97 (14) Eggshell Enamel 215-XX 5086 92 (15) Paste Wood Filler 680-00 700 (16) Interior Wood Stain 640-XX 242 (17) Clear Lacquer Stain 222-01 6059 • (18) Clear Gloss Lacquer 251-03 6081 3001 9-E 3 PAINTING Finance Building Contra Costa County Product Description Fuller Glidden Ameritone (19) Clear Waxing Lacquer 251-01 6080 (20) Heavy-Duty Enamel 112-XX 900 (21) Flat Latex Paint 202-XX 5300 4700 b List of Materials: Not more than thirty-five (35) days after awarding of contract, submit five copies of a complete list of all materials proposed for use, together with manufacturers' specifications. All paint materials and products shall be subject to the Architect's approval. c Unsuitability of Specified Products: No claim by the Contractor concerning the unsuitability of any material specified or his inability to produce first class work with same will be entertained unless such claim is made in writing to the Architect before the work is started. d Color and Life of Film: Colors of all surfaces finished under this Section shall, at the end of one year, have remained free from serious fading, and variations, if any, shall be uniform. All materials shall have their original adherence at the end of one year, and there shall be no evidence of blisters, running, peeling, scaling, chaff, streaks, or stains at the end of this period. Washing with alkali-free soap and water shall remove surface dirt without producing any deteriorating effects. e Materials for General Use: (1) Shellac: Type I, bleached, No. 4, cut with pure grain alcohol, conforming to Federal Specification TT-V-916 or ASTM D207-55• (2) Thinner: As recommended by each manufacturer for his respective products. (3) Linseed Oil: Pure first quality, conforming to Federal Specifi- cation TT-0-364 or ASTM D260-61. (4) Putty: Pure linseed oil putty of standard manufacture, with 25% white lead and sufficient varnish, thoroughly mixed to prevent the possibility of shrinkage. Color shall match the final finish of adjoining surfaces. 9-E 4 PAINTING Finance Building Contra Costa County 5. DELIVERY AND STORAGE All painting materials shall be delivered to the site in the manu- facturers' original containers with labels intact and seals unbroken. They shall be kept in a locked, well-ventilated storage place assigned for this purpose. Receiving, opening, and mixing of all paint materi- als shall be done in this room. Storage space shall be kept clean and neat. Oily rags shall be removed and disposed of each day, and all other necessary precautions shall be taken to avoid danger of fires. 6. WEATHER AND TEMPERATURE Surfaces shall be painted only when they are free from moisture. Receiving surfaces shall be properly dried out before proceeding with the work. No painting shall be done when temperature is below 50 degrees F. Clear sealer shall not be applied when air temperature is less than 70 degrees F. 7. SCAFFOLDING, DROP CLOTHS, AND PROTECTION OF WORK Furnish, maintain, and remove all scaffolding, ladders, and planks required for this work, and all drop cloths for the protection of floors, prefinished materials, building fixtures, etc. Painted and finished surfaces subject to damage or defacement due to other work on the building shall be properly protected and covered. Contractor shall be responsible for any and all damage to painted work and to that of other work caused by operations under this section. 8. PREPARATION OF SURFACES a No painting or finishing shall be started until the surfaces to be painted or finished are in proper condition in every respect. Sur- faces that cannot be properly prepared by the painter for finishing shall not be painted or finished until they are rectified. b Concrete and plaster shall be thoroughly dried before painting. C Holes, cracks, and other imperfections in concrete and plaster sur- faces to be painted shall be suitably primed and patched with a compound recommended by the manufacturer of the paint to be applied to these surfaces, and all areas to be painted shall be brought to true, even surfaces. d Surfaces to be painted shall be clean and free of dirt, dust, and any other substance which might interfere with the functioning of the painting system. All surfaces to be painted shall be in proper condi- tion to accept, and assure the proper adhesion and functioning of, the particular painting system or coating specified. 9-E 5 PAINTING Finance Building Contra Costa County e All steel and ferrous metal surfaces to be painted will be primed before installation as specified in the applicable sections. Bolts, welds, and places where prime coat has been damaged shall be wire- brushed to remove all loose paint, rust and scale, and then given one (1) coat of Ferrous Metal Primer. f Galvanized surfaces to be painted shall first be acid-etched with "Galvanprime" (Distributed by Fuller) or other approved acid wash for galvanized surfaces and then primed with one (1) coat of Galvanized Metal Primer. g Wood surfaces shall be hand sandpapered and dusted clean. All knots, pitch pockets, or sappy portions shall be sealed with clear shellac or knot sealer. Putty all nail holes, cracks, etc. after first or prime coat with putty of color to match finish coat. Do not seal wood surfaces to receive stain or natural finish. Do not sandpaper sear-textured or resawn surfaces. h All wood rabbets and stops for glazing shall be primed before glazing. Use waterproof clear varnish where adjacent surfaces are to receive stain or natural finish. Use an approved enamel undercoat or wood primer where adjacent surfaces are to be painted. i Surfaces which cannot be prepared or painted as specified shall be immediately brought to the attention of the Architect in writing. Starting of work without such notification will be considered acceptance by the Contractor of the surfaces involved. Contractor will be required to replace any unsatisfactory work caused by improper or defective surfaces, as directed by the Architect, at no additional cost to the Owner. J. Prime coats and finish coats for any one paint system shall be the products of the same manufacturer. k. Existing Work: (1) Existing walls, partitions, ceilings and other surfaces damaged and/or repaired by work under this Contract shall be completely refinished as work under this Section. Paint systems used there- for shall be compatible with adjacent existing work and comparable to the systems specified herein for new work. (2) Existing doors and other items reset under this contract shall be likewise refinished as necessary to achieve completely finished work. (3) Existing doors, door frames, trim, wood base, chair rails, cabi- nets and other items shall be patched and repaired as necessary to fill any damage, sanded as necessary to make smooth and uni- form and refinished. 9-E 6 PAINTING Finance Building Contra Costa County 9. WORKMANSHIP AND APPLICATION a All painting shall be done by skilled and experienced mechanics. All materials shall be applied in accordance with the manufacturer's directions, and materials dull be thinned only for proper workability and in compliance with the manufacturer's specifications. All material shall be evenly brushed or smoothly flowed on without runs or sagging, and free from drops, ridges, laps, and brush marks. Ensure that all coats are thoroughly dry before applying succeeding coats. Sand sur- faces between coats as necessary to produce a smooth finish. Spray painting will not be permitted. b Painting shall include all exposed surfaces of every member. Parts to be painted, inaccessible after installation, shall be painted before installation. Priming shall include all sides, edges, and cut ends. Door edges, tops and bottoms shall be finished as specified for door faces. c No priming or painting of wood will be permitted on or in building where concrete or plaster is in process of installation or appli- cation, or in process of drying. d Putty, caulking, or spackle shall be applied after surface is primed and primer is dry. e Concrete, stucco, and plaster surfaces shall not be painted until they have completely cured and contain minimum moisture. In any event, no concrete, stucco, or plaster surfaces shall be painted until at least 60 days have elapsed from the time these surfaces were completed by their respective trades. All interior plaster surfaces shall not be painted until all concrete and plaster surfaces in the building have completely cured and stabilized moisture contents. £ Finish coats of paint shall not be applied on the interior of the building until the building is completely closed in with windows and doors in place and glazed, until all interior wet and dust-producing work is complete and dry, and until the heating and ventilating system is in operation. g Completed painted surfaces shall be free of blistering, running, peeling, scaling, streaks and stains, and the colors of all surfaces shall remain free from fading. 10. PAINT SYSTEMS a F terior paint systems are specified and identified herein by letter and interior paint systems by number, and the systems specified correspond to the paint systems scheduled and noted on the drawings. • 9-E 7 PAINTING Finance Building Contra Costa County b Unless noted or specified otherwise, all materials in any one system shall be the product of one manufacturer. Paint systems scheduled and noted on drawings refer to the complete corresponding paint systems as hereinafter specified. Major areas only are scheduled, but all miscellaneous items and areas within the room or space shall be treated with a suitable system. This specification shall serve as a guide to the Contractor and is meant to establish procedure, quality, and number of coats. Confer with the Architect to determine exact finish desired. Except for Deep Tone Colors, prime coat and intermediate coat may be omitted where existing painted surfaces to be repainted are in sound condition and where there is no drastic change in color. c All paints, stains, lacquers, and varnishes shall be applied in accordance with the manufacturers' latest specifications, instructions and recommendations. All colors, tones, and finishes shall be as selected and approved by the Architect. 11. PAINTING - INTERIOR a Hardware and Fixtures: Hardware, hardware accessories, plates, lighting fixtures, and similar items in place shall be removed prior to painting and replaced upon completion of each space. b Exposed Plumbing,Mechanical, and Electrical Items: Items without factory finish such as conduits, pipes, ducts, grilles, registers, vents, access panels, and items of similar nature shall be finished to match adjacent wall and ceiling surfaces, unless otherwise directed. Paint visible surfaces behind vents, registers, or grilles flat black. Wash exposed metal with solvent, prime, and paint as scheduled using Paint Systems "8" or 119". Do not paint concealed conduits, piping, and ducts. d Underwriters' Labels: Do not paint over Underwriters' Labels, fusible links, or sprinkler heads. e Paint Systems: (1) Paint System "1": Gloss Finish on Concrete, Masonry, or Plaster Prime Coat: Alkyd Primer-Sealer Finish Coat: Semi-Gloss Heavy-Bodied Stipple Paint 9-E 8 PAINTING Finance Building Contra Costa County (2) Paint System "2": Eggshell Finish on Concrete, Masonry, or Plaster Prime Coat: Alkyd Primer-Sealer Finish Coat: Eggshell Heavy-Bodied Stipple Paint (3) Paint System "3": Gloss Finish on Gypsum Wallboard Prime Coat: P.V.A. Primer - Sealer Finish Coat: Semi-Gloss Heavy-Bodied Stipple Paint (k) Paint System "k": Eggshell Finish on G�Msum Wallboard Prime Coat: P.V.A. Primer - Sealer Finish Coat: Eggshell Heavy-Bodied Stipple Paint (4a) Paint System "ka": Eggshell Finish on Gypsum Wallboard (For Deep colors only) Prime Coat: P.V.A. Primer - Sealer Intermediate Coat: Eggshell Heavy-Bodied Stipple Paint tinted toward finish color. Finish Coat: Satin Latex Enamel or Alkyd Semi Gloss Enamel (5) Paint System "5": Paint Finish on Wood Prime Coat: Enamel Undercoat Intermediate Coat: Mixture of Enamel Undercoat and Gloss Enamel Finish Coat: Semi-Gloss Heavy-Bodied (6) Paint System 11611: Stain-and-Lacquer Finish on Wood Filler: Fill open-grain wood surfaces only with Paste Wood Filler 9-E 9 PAINTING Finance Building Contra Costa County Stain: Interior Wood Stain Prime Coat: Clear Lacquer Sealer Intermediate Coat: Clear Gloss Lacquer Finish Coats: Two (2) Coats Clear Waxing Lacquer Sand lightly between coats: fine steel wool (00) finish surfaces. Note: All edges ct laminated plastic backing, insides of all drawers and shelves inside cabinets, and any other wood surfaces where scheduled or noted, shall be given (1) coat of clear gloss lacquer or clear polyurethane-base varnish. (7) Paint System "7": Stain Finish on Wood One coat of Exterior Wood Stain (8) Paint System "8": Paint Finish on Metal Note: Painting of doors shall include all edges, tops and bottoms. Prime Coat: As specified under "Preparation of Surfaces" Intermediate Coat: Mixture of Enamel Undercoat and Semi- Gloss Enamel Finish Coat: Semi-Gloss Enamel (9) Paint System "9": Paint Finish on Metal Equipment Prime Coat: Factory prime coat as specified under other sections Intermediate Coat: Heavy-duty Enamel Undercoat Finish Coat: Heavy-duty Enamel 9-E 10 PAINTING Finance Building • Contra Costa County (10) Paint System "10": Paint on Glass One coat of 602-W-1 Fullacrylic. 12. APPROVAL OF FINAL COLORS Final coat of paint shall not be applied until the colors have been approved by the Architect. 13. CLEANUP AND CLEANING a Upon completion of the painting work, Contractor shall remove from the premises and dispose of all scaffolding and equipment, surplus material, empty containers, and other debris resulting from his operations. The building and surrounding areas shall be left clean and neat in all respects. b Contractor shall clean and retouch his work as necessary for a first- class job. c Contractor shall leave all glass areas, stucco surfaces, floors and walks, hardware, and any other surfaces clean and free from any paint, stain, spatterings, smears, or smudges which are the result of his operations. Contractor shall replace any glass damaged in any way by his operations. This shall include all glass areas of the building. 9-E 11 PAINTING Finance Building Contra Costa County SECTION 9F CARPETING 1. INCLUSION OF GENERAL CONDITIONS AND DIVISION ONE The General Conditions and Division 1, General Requirements, are a part of this section and the contract for this work and apply to this section as fully as if repeated here. 2. SCOPE a The Work Includes, but is not necessarily limited to, the furnishing and installing of all carpet complete as shown and noted on the drawings and specified herein. b Related Work in Other Sections: (1) Resilient flooring and carpet base are specified under Section 9C. 3. SAMPLES Submit samples of the carpet and accessories for approval. Include with samples a letter of certfication from carpet manufacturer and signed by an officer of the company, stating that samples as submitted meet or exceed carpet as specified. Submit a minimum of eight (8) standard colors for selection. 4. MATERIALS a Carpet shall be "CASCADE II" as manufactured by Burke Rubber Company or approved equal conforming to the following requirements: (1) Pile Yarn: 100% Continuous Filament Cadon Nylon, Space Dyed (3 ply rated) (2) Face Weight: 24 oz. (3) Number Series: 31200 ' (4) Style: 1/8 (5) Stitches per Inch: 11 (6) Pile Height: 3/16" (7) Primary Back: Polypropylene 9-F 1 CARPETING Finance Building Contra Costa County (8) Secondary Bank - Loktuft: Latex: 30 oz. Secondary Back: 5.3 oz. (9) Total Weigbt: 63.3 oz. (10) Width: 12 feet (11) Color: Not more than two color combinations will be selected unless noted otherwise on the drawings. (12) Factory Runs: Carpet furnished hereunder shall be one factory run and one dye lot with color and shades guaranteed to be uniform throughout the entire area run for type of carpet specified. (13) Vermin-and Damp-proofness: Carpet shall be completely moth and vermin proof, and shall be completely compatible with installa- tion over concrete-slab-on-grade subfloors. b Fire-Retardant Properties: The carpeting and padding selected shall be composed of fibers with inherent fire-retardant properties or shall be permanently flame- proofed to flame spread rating of 75 or less to conform to all applicable building codes and regulations for incombustibility. Provide certificate of tests (in accordance with ASTM E84-68) from independent testing laboratory for carpet with substantiating iden- tification to installed materials. c Accessories (1) Roberts "Universal Moulding System" No. 12-1811 with vinyl insert, as manufactured by Roberts Consolidated Industries, Inc. , and distributed by Hayes and Lugea, Inc. , San Francisco, or approved equal. d Quantities: Contractor shall take all measurements, be responsible for their accuracy, and determine all quantities of materials required. 5. PREPARATION OF SUBFIAORS Contractor shall thoroughly inspect subfloor surfaces and any defects beyond the ability of Contractor to remedy shall be brought to the attention of the Architect for correction. Starting of work without such notification shall be construed as acceptance by the Contractor 9-F 2 CARPETING Finance Building • Contra Costa County of the subfloors as satisfactory. Contractor shall properly replace, without additional cost, any work required to correct defects caused by improper or defective subfloor surfaces. Subfloor surfaces shall be level and shall present a firm bearing throughout. Subfloors shall be thoroughly cleaned before carpeting is laid. 6. INSTALLATION a All carpeting shall be installed in strict accordance with the manu- facturer's specifications, installation instructions, and recommen- dations. b Carpeting shall be installed with adhesive to wood subfloor. Install carpet in accordance with the manufacturer's recommendations for the use of sewn seaming technique (or substantial tape and cement system) and for proper amount of stretch in width and length. Seams shall be closely fitted and joined. No patching or small pieces will be permitted. Carpeting shall be cut and fitted tightly to wall, obstructions, corners, pipes, and fittings. C Carpeting shall be installed using maximum practicable widths to minimize number of seams. Diagram showing placement of all seams shall be submitted to the Architect for approval. d Install binder bar, as hereinbefore specified, at all exposed edges and door locations as indicated or required. e Carpeting shall be tight, smooth, and perfect at completion of installation. The carpet manufacturer's representative shall inspect and approve all carpet installation and workmanship during the course of the work. 7. CERTIFICATION The carpet manufacturer's representative shall certify in writing, upon completion of the installation of all carpet work, that: a All materials shall be of first quality and guarantees against defects in workmanship and materials; and that all carpet and adhesive conform to specifications. b Any service required to correct either material or installation work- manship as specified, shall be done promptly, at no expense to the Owner. C All installation work was supervised by a representative of the manufacturer, and therefore manufacturer certifies that installation work conforms to specifications. 9-F 3 CARPETING Finance Building is Contra Costa County 8. MAINTENANCE INSTRUCTIONS' Submit three sets of manufacturer's maintenance instructions for commercial installation of carpeting to the Architect in 8-1/2 x 11" binders. These instructions must include recommendations for commercial cleaning, spot cleaning, vacuum cleaning, and recommended types of furniture casters and glides for use with this particular carpeting. 9. GUARANTEE Carpeting shall be guaranteed against all defects in materials and workmanship for a period of one year from the date of acceptance of the Project. Refer to General Conditions, Section 29 for number and manner of submittal. 10. EXTRA MATERIAIS Upon completion of job, the Contractor shall furnish to the Owner, in addition to ordinary remnants in care of the Project Inspector, 2% (two percent) of the quantity of each color installed. Each color shall be from the same factory run as installed, and shall be cut from full width roll in one rectangular piece, packaged and identified. The cost of this material shall be included in the contract price. 9-F 4 CARPETING Finance Building Contra Costa County SECTION 9G WALL COVERING 1. INCLUSION OF GENERAL CONDITIONS AND DMSION ONE . The General Conditions and Division 1, General Requirements, are a part of this section and the contract for this work and apply to this section as Hilly as if repeated here. 2. SCOPE a The Work Includes, but is not necessarily limited to, the furnishing and installing of all vinyl wall covering as shown and noted on the drawings and specified herein. 3. SAMPLES Submit 8" x 10" s maples of vinyl wall covering to the Architect for approval. Vinyl wall covering shall not be purchased until the samples are approved by the Architect. 4. MATERIALS a Vinyl Fabric Vinyl wall covering shall be Guard, Queens quality, as manufactured by the Borden Chemical Co. , Vicrtex, as manufactured by L. E. Carpenter and Co. or approved equal. Pattern and color shall be as selected and approved by the Architect from manufacturer's standard. Number of patterns and colors will be limited to three (3) with 10% selected from wood grain pattern. Vinyl fabric shall conform with the following minimum requirements: (1) Vinyl fabric shall conform to Federal Specification CCC-W-408, latest edition, Type II, Class 1. (2) The fabric base shall be composed of cotton cloth weighing not less than 3.50 ounces per square yard. The minimum total coating weight shall be not less than 12 ounces per square yard of vinyl surface. The total weight per square yard shall be not less than 16 ounces. (3) Vinyl fabric shall conform to ASTM E84-68 for flame spread rating or 25 or less (Calif. Admin. Code, Title 19., Class I. ) i 9-G 1 WALL COVERING Finance Building Contra Costa County (4) Fabric shall withstand at least 1000 cycles of a Taber Abrador with CS-17 wheel and 1000 gram load with no more than .031 gram weight loss. (5) Fabric shall also withstand 150 hours of a Fade-O-Meter with no color loss. b Wall Size Size for sealing of backing surfaces shall be as recommended by the manufacturer of the vinyl wall covering, such as Borden's Columbus FC-100 Adhesive, B. F. Goodrich Adhesive #80-0001, or approved equal, polyurethane or spar varnish, cut shellac, or other approved size, thinned as. recommended by the manufacturer of the vinyl fabric. Size must be compatible with the adhesive used for application of wall- covering. c Adhesive for application of wall covering shall be as specified or recommended by the manufacturer of the vinyl fabric, such as Borden's Columbus FC-100 Adhesive, B. F. Goodrich Adhesive O/80-0001, or approved equal. 5. INSTALLATION a Inspection of Backing Surfaces Before starting the installation of vinyl wall covering, thoroughly examine wall surfaces on which vinyl fabric is to be applied. Exam- ination includes bond, moisture, and alkali testing as required or recommended by the manufacturer. Moisture meter readings of backing surfaces shall be less than 4%. Backing surfaces shall be thoroughly dry, clean of dust and dirt, paint spots, and free from any imperfec- tions that may show through the finished installation. Notify the Architect of any defective surfaces or conditions preventing proper application of the vinyl wall covering. Starting of work without such notification will be considered acceptance by the Contractor of the surfaces involved. b Responsibility Nothing specified herein shall be construed as relieving the Contractor of any responsibility for the quality of the finished installation. Surfaces on which vinyl wall covering is to be applied shall be in proper condition in every respect for a first-class installation and long life without defects. C Sizing • Give all unpainted surfaces to receive vinyl wall covering one coat of sizing. Before applying fabric, examine backing surfaces carefully, using a strong light, and apply a second coat of size to holidays and areas showing excessive suction. 9-G 2 WALL COVERING d Layout iInstall fabric with long dimension vertical. Lay out accurately between corners, Jambs, walls, or other stopping points or changes in direction to equalize spacing of Joints. Do not make any Joints closer than 3" from external or internal corners. e Application Vinyl wall covering shall be applied in strict accordance with the manufacturer's specifications and printed installation instructions, using only mechanics skilled and experienced in the type of work involved. Take particular care in making Joints as fine and incon- spicuous as possible. All seams shall be butted. Do not overlap. Discard material which will not make perfect seams or Joints. Brush out all air bubbles after hanging, using a squeegee or still brush. Remove excess adhesive with a damp sponge or rag as work progresses. Avoid getting water into seams while cleaning. Make all in-place cuts on metal cutting plates. Do not cut into backing surfaces. No air bubbles, wrinkles, tears, cuts, conspicuous Joints, stained, or otherwise damaged work will be permitted in the finished work. Upon completion of the work, remove any adhesive and marks from the fabric. • 9-G 3 WALL COVERING Finance Building Contra Costa County SECTION 10A ACCORDION PARTITION 1. INCLUSION OF GENERAL CONDITIONS AND DIVISION ONE The General Conditions and Division 1, General Requirements are a part of this section and the contract for this work and apply to this section as fully as if repeated here. 2. SCOPE The Work Includes, but is not necessarily limited to, the furnishing and installing of accordion partition and supporting truss system as shown and noted on the drawings and specified herein. 3. SHOP DRAWINGS Submit fully detailed shop drawings and manufacturer's literature of truss and partition, including color chips, to the Architect for approval. No fabrication or installation shall be commenced until the shop drawings have been approved and returned to the Contractor. 4. FIELD MEASUREMENTS Secure all field measurements required for proper and adequate fabri- cation and installation of the work covered by this section. Exact measurements are the Contractor's responsibility. 5. ACCORDION PARTITION AND TRUSS SYSTEM a Accordion Partition and supporting truss system shall be Hufcor Model 4000, bi-parting partition and Unispan Model 9024 as furnished and installed by an authorized representative of Hough Manufacturing Corporation, or approved equal. b Partition shall be top-supported, manually operated accordion told. c Overhead track shall be 414 secured to overhead supporting structure with fasteners supplied by manufacturer. Partition shall be supported by a 4-wheel carrier at lead post and shall be adjustable to facili- tate alignment of the lead post to the jamb. Intermediate carriers shall be 2-wheel, spaced 18" on center. Carrier type shall be Type 4, 1-3/8" diameter. Track shall be equipped with interlocking keys for accurate alignment. • d Framework: Partition shall have an internal framing of vertical cold rolled steel galvanized and riveted to form "X" construction panto- graphs. Pantographs shall provide even extension and contraction 10-A 1 ACCORDION PARTITION Finance Building Contra Costa County without binding, and shall have steel stops to prevent over extending. Partition shall have pantographs located at top and bottcm. Vertical steel post channels shall support pantographs at each end of the partition. Lead post shall be double channel. e Covers: Covers shall be semi-rigid hard surface S ply pressure laminated construction weighing not less than 133.34 oz. per square yard, and shall provide wrinkle-free impact resistant surfaces with smooth symmetrical lines. Covers to be selected from manufacturer's standard line, and shall be fastened to steel cover support pins located at pantograph hinge points. It shall be possible to replace covers in the field. f Sound Transmission Class: The manufacturer shall warrant in writing that the partition shall be of the same construction as that used to achieve an acoustical rating of not less than STC 42 as tested by Riverbank Acoustical Laboratories. g Supporting beam shall be of steel-trussed design factory fabricated, completely enclosed and acoustically insulated. h Warranty: Partition and supporting truss system shall be fully guaran- teed by the manufacturer against defects or failure due to faulty materials or workmanship for a period of two years from date of installation. Also refer to General Conditions, Section 29. 10-A 2 ACCORDION PARTITION Finance Building Contra Costa County SECTION 15A AIR CONDITIONING, HEATING AND VENTILATING 1. INCLUSION OF GENERAL CONDITIONS AND DIVISION ONE The General Conditions and Division 1, General Requirements are part of this Section and the Contract for this work and apply to this Section as fully as if repeated here. 2. SCOPE a The Work Includes, but is not necessarily limited to the furnishing of all labor, materials, apparatus, tools, equipment, and special or occasional services as required to complete a working installation of all heating, ventilating and air conditioning systems shown on the drawings and/or specified herein. The general extent of the work shall include, but is not necessarily limited to the following: (1) Revisions to air conditioning and ventilating systems shown on the drawings, including all component parts. (2) Grilles, registers, diffusers and louvers, (3) Revisions to control system, including low voltage wiring and conduit (24 volts and under) furnishing and mounting all line voltage control components for wiring and connection by others. (4) Supports for ducts including existing ducts where partitions are demolished. (5) Incidental plumbing work. 3. PERMITS AND FEES Secure and pay for all permits, licenses, fees and inspections neces- sary for the prosecution and completion of the work and perform all tests specified herein or required by local utility companies or districts. 4. VISIT TO SITE a Refer to Division B, Instructions to Bidders. b Visit the project site, take necessary measurements, and verify exact location of buildings, utilities, and other facilities, and obtain • such other information as is necessary for an intelligent bid. 15-.A 1 AIR CONDITIONING, HEATING AND VENTIIATING Finance Building Contra Costa County 5. MATERIALS AND EQUIPMENT a General: All material and equipment shall be new and unused and clearly marked with manufacturer's stamp and rating. All standard designations refer to the latest editions. b Sheet Metal: For ducts and other sheet metal work shall be standard galvanized steel sheet of weights as specified hereinafter. Sheet metal for ducts may be aluminum of weights as specified hereinafter. c Ductwork Accessories: (1) Volume dampers shall be opposed blade type mounted in steel channel frame. Volume damper blades shall have felt-lined edges. Splitter dampers shall be single blade mounted on 3/8" rod with end bearings. All dampers shall be installed with a complete set of damper hardware as manufactured by Ventfabrics, Inc. (2) Duct turning vanes shall be installed in all square duct elbows. Turning vanes shall be double thickness Barber Colman "Airturn". (3) Duct extractor fittings shall be Barber Colman "Deflectrols" or equal and shall be in all outlets. (4) Access doors to dampers and controls shall be Ventlock insulated access doors or contractor fabricated access doors in accordance with SMACNA Duct Manual, plate 31, Figure B, with hinges and latch. Access doors shall have full unobstructed swing. d Registers, Grilles, Diffusers and Louvers: Registers and diffusers shall be Krueger or equal with sizes, finishes and characteristics as scheduled on drawings. All supply outlets shall be equipped with opposed blade volume dampers. e Insulation: Gustin Bacon or equal Fiberglas. All insulation shall be applied according to manufacturer's recommendations. All duct dimen- sions noted on plan are net inside dimensions. Numbers cited are Gustin Bacon. (1) Air conditioning supply ducts: 1" thick mat-faced Ultraliner duct liner. (2) All return ducts and plenums shall be lined With 1/2" thick Ultraliner duct liner. 6. WORK`iUMUP AND INSTALIIATION a Ducts: (1) Sheet metal ducts, louvera and otter m?scellaneous sheet metal work shall be made up of first quality hot-dip galvanized mild steel. 15-A 2 AIR CONDITIONING, HEATING AND VENTILATING Finance Building Contra Costa County Weight for ductwork shall be as specified in the latest edition of the ASHRAE Guide. (2) Install ducts true to line and grade. Curved elbows shall be made with inside radius equal to the duct width. Square elbows and right angle turns shall be fitted with duct turning vanes, double thickness. Form transformation sections with uniformly tapering sections. Longitudinal seams: Pittsburgh Lock: transverse essary use S-drive with 1" pocket. Hammer up all joints to make practically airtight, and then tape with vinyl duct tape. (3) Where shown on the drawings fit ducts with volume or splitter dampers. Manual dampers shall be provided with approved quadrant for setting the damper. (4) Support each section of ductwork from construction with 7/8« x 1/8" galvanized strap hangers bolted to sides of ducts, and cross break to prevent buckling or vibration. (5) Where round duct is shown, equivalent size rectangular duct may be used at Contractor's option. (b) Adjustable locking type dampers shall be provided in all supply duct take-offs and fresh air intakes. Mark damper position on damper. 7. GUARANTEE Refer to GENERAL CONDITIONS, SECTION 29 for requirements. 15-A 3 AIR CONDITIONING, HEATING AND VENTILATING Finance Building Contra Costa County Is SECTION 16A ELECTRICAL WORK 1. INCLUSION OF GENERAL CONDITIONS AND DIVISION ONE The General Conditions, and Division 1, General Requirements, are a part of this Section and the Contract for this work and apply to this Section as fully as if repeated here. 2. SCOPE a The Work Includes furnishing of all labor, materials, apparatus, tools, equipment, transportation, temporary construction and special or occasional services as required to make a complete working instal- lation of all electrical systems shown on the drawings or described in these specifications. The general extent of the electrical work is shown on the drawings, and includes but is not limited to the following items: (1) Branch circuit and distribution panelboards. (2) Electrical feeders. (3) All branch circuit wiring, and wiring devices for lighting, receptacles, appliances and electrically powered equipment or apparatus. (4) Lighting fixtures and lamps. (5) Cutting, patching and caulking for all penetrations required for electrical work. (6) Telephone terminals, conduit and outlets for Telephone Company's telephone system. (7) Conduit only for low voltage control wiring for HVAC System. (8) As-built drawings. b Work and Equipment Specified Under Other Headings: (1) All low voltage wiring (24 volts and below) for air conditioning, heating and ventilating systems is included under Division 15. (Conduit for low voltage control wiring shall be included in this Section, however.) (2) Finish painting, unless specifically mentioned as being furnished under this Section, will be furnished under other sections. 16-,A 1 ELECTRICAL WORK Finance Building Contra Costa County (3) Telephone system wires, cable, equipment and instruments are furnished and installed by the Telephone Company. 3• CODE REQUIREMENTS All work shall be performed in accordance with all applicable re- quirements of governing codes, rules and regulations, including the following: National Electrical Code State of California, Administrative Code, Title 24 Rules and regulations of the local power company All pertinent city and county codes 4. PERMITS AND FEES Secure and pay for all permits, licenses, fees and inspections neces- sary for the prosecution and completion of the work. Pay any and all Power Company fees and charges. Provide properly signed "Certificate of Inspection" before work is accepted. 5. VISIT TO SITE a Refer to Division B, Instructions to Bidders. b Visit the project site, take requisite measurements, and verify exact location of buildings, utilities, and other facilities, and obtain such other information as is necessary for an intelligent bid. 6. DRAWINGS a Refer to General Conditions, Section 15. b The electrical drawings, which constitute an integral part of this contract, shall serve as the working drawings. They indicate dia- grammatically the general layout of the complete electrical systems. Field verifications of scale dimensions taken from drawings are directed since actual field locations, distances and elevations will be governed by actual field conditions. Review architectural, structural, mechanical and plumbing drawings and adjust work to conform to all conditions indicated thereon. 7. SUPERVISION Contractor shall personally, or through an authorized and competent representative, constantly supervise the work from beginning to 16-A 2 ELECTRICAL WORK Finance Building Contra Costa County completion and, within reason, keep the same workmen and foremen on the project throughout the project duration. 8. COOPERATION WITH OTHER TRADES Cooperate fully with other trades doing work on the project as may be necessary for the proper completion of the project. Refer to the architectural, mechanical, plumbing, and structural drawings for details of building structure and equipment installation which will tend to overlap, conflict with, or require coordination with the work of this section. All work in this section shall be scheduled as to avoid any overlapping and conflict and to effect such coordination as may be necessary for the building as a whole. 9. PROTECTION AND CLEANING During construction, protect all work from damage. Upon completion, repair all broken, damaged or otherwise defective parts, or replace, at no added expense to the Owner. Remove all debris and unwanted excess materials from project site and leave site in a clean condition. 10. SUBMITTALS AND SHOP DRAWINGS a Refer to General Conditions, Section 20. b Within 35 days after award of contract, six (6) copies of a complete submittal, consisting of catalog cuts or brochures of materials and shop drawings of equipment proposed for use, shall be submitted for approval. The complete electrical materials and shop drawings sub- mittal shall be made at one time and shall be presented in a bound brochure form with covers and index. Loose leaf submittals will not be accepted. (1) Submittals shall clearly indicate: (a) Tag, mark or number by which item is identified by contract documents. (b) Complete dimensional data and descriptive information. (c) Elevation views for complete representation. (d) Construction details and arrangement. (e) Location and sizes of connections. (f) Nameplate legends. (g) Finish materials and colors. 16-A 3 ELECTRICAL �IQiK Finance Building Contra Costa County • (2) Submittals shall include: (a) Lighting fixtures. (b) Electrical outlets and devices. (c) Communications equipment of all types. (d) Any materials or accessories related to the above, except of a general nature (piping, conduit, fittings, etc.). (e) Any other electrical equipment calling for shop drawings in other paragraphs of this specification. (3) In submitting shop drawings or data at variance with the specifi- cations or plans, the Contractor shall assume full responsibility for function and conformity to space requirements, as well as the coordi- nation of all other trades whose work might be affected by a change or substitution. 11. AS-BUILT DRAWINGS Furnish as required in Section 1A.. 12. PRODUCTS AND MATERIAIS a Refer to General Conditions, Sections 18 and 19. b All materials shall be new, of the best quality for the purpose in- tended, and where applicable, shall conform to the requirements of Underwriters' Laboratories, Inc., and shall bear said Label. Except as otherwise specified, preparation, handling and installation of materials furnished under this section shall be in accordance with manufacturers' instructions and technical data pemtinent to the product specified and/or approved. b Conduit• (1) Rigid steel, full weight, threaded, hot dipped galvanized or sherardized. Conduit bushing shall be OZ type A or T & B series 200. Grounding bushings shall be T & B series 3800 or OZ type IGB. (2) Rigid aluminum, extruded from primary 6063 aluminum alloy to a T42 temper, with maximum copper content of one tenth of one percent. Conduit bushings and grounding bushings shall be similar to that used for steel except that if aluminum conduit is used, aluminum fittings shall be used throughout. (3) Electrical metallic tubing, hot dipped galvanized or sherardized. Connectors and couplings shall be watertight compression type. Connectors shall have insulated throat. Set screw or indentor type connectors will not be allowed. 16-A 4 ELECTRICAL WORK be Finance Building Contra Costa County i (4) Watertight flexible metallic conduit shall be "Sealtite" flexible conduit with T & B series 5331 connectors or equivalent by Appleton. c Outlet Boxes: (1) Boxes for dry locations shall be one-piece, galvanized steel; minimum size 4" square or octagonal x 1-1/2" deep. (2) Outlet boxes for installation in concrete walls or ceilings shall be Appleton type OCR. (3) Boxes for exterior use or in damp or wet locations shall be Crouse-Hinds Condulets, Appleton Unilets or Killark Adlets, complete with covers, neoprene gaskets and threaded hubs. d Pull Boxes: (1) Junction and pull boxes shall be standard outlet boxes wherever possible, otherwise code gauge galvanized steel of required size with covers sealed with cadmium plated machine screws 6" on centers. Where pull boxes are installed in. exposed areas, they shall be finished with one coat of di-chromate primer and two coats of ASA No. 49 medium gray baked enamel and shall be built from approved shop drawings. e Wire and Cable: All wire and cable for secondary power shall be new and shall conform to latest requirements of N.E.C., shall meet ASTM specifications and shall bear UL label. Conductors shall be soft drawn copper with 600 V insulation as hereinafter specified. Wire and cable shall be as manufactured by Rome Cable Company, General Electric Company or approved equal. (1) Minimum conductor size shall be No. 12 AWG. (2) Interior wiring shall be as follows: (a) No. 8 AWG and smaller shall be solid copper type TW or as noted. (b) No. 6 AWG and larger shall be stranded copper type TW or as noted on drawings. (3) Color code No. 8 and smaller throughout. For No. 6 and larger use Brady phase color tags at boxes and other terminal points. Each circuit shall be numbered at both ends of circuit. f Wire and Cable Connectors: (1) T & B one piece type RP12, self-insulated connector for No. 10 wire or smaller or rMM Co. Scotchloks. 16-A 5 ELECTRICAL WORK Finance Building Contra Costa County (2) For No. 8 and larger use T & B compression connectors series 54000. g Conduit Supports and Hangers: Kindorf, Unistrut, or approved equal. h Switches: Arrow Hart, Hubbell, Sierra, or approved equal, 20A, 125V to 277V rated for use on fluorescent and tungsten filament lamp loads, ivory, brown or gray finish as selected by the Architect. (1) SPST AH 1991 (2) DPST AH 1992 (3) Three way AH 1993 (4) Weatherproof switches shall have Crouse-Hinds DS 185 covers or approved equal. i Receptacles: Arrow Hart, Hubbell, Sierra, or approved equal with ivory, brain or gray finish as selected by the Architect. (1) Duplex, 2QA, 125V, 3 wire, groundable-,AH 5762. (2) Floor outlets-Walkerduct 500 AL as detailed, 507 AL for telephone. j Clock Hanger Outlets: AH 5708, 3 wire, groundable or equivalent by Hubbell. k Device Plates: (1) Sierra S series smooth stainless steel. (2) Telephone and signal system device plates shall have 3/8" diameter bushed hole. 1 Lighting Fixtures: Shall be as specified on the drawings, furnished and installed complete and ready for service, including lamps. The finish of all fixtures and trims not specified shall be submitted to and approved by the Architect. Fixtures shall be wired with an approved type fixture wire. Ballasts for florescent fixtures shall be one or two lamp HPF as manu- factured by Advance, Jefferson or approved equal. Ballasts shall incorporate a thermosetting dry-fill and shall be protected by an automatic-resetting thermostatic type protector. Ballast thus pro- tected shall be labeled "Class P" and shall be CBK/ETL certified. Rapid start ballasts shall have an "A" sound rating. Lamps shall be as manufactured by General Electric Company, Sylvania, Westinghouse, or approved equal. Lamps selected for the project shat all be of one manufacture. 16-A 6 ELECTRICAL WORK Finance Building Contra Costa County m Wireways and Cutters: Wireways shall be built of not less than 16 gauge galvanized sheet steel formed to size shown on the drawings and provided with 3/4" wide return for attachment of cover plates. Cover plates shall extend to outer edges of wireways. Adjacent plates shall fit with close even joints. Cover plates shall be fastened to wireway return edges with evenly spaced cadmium plated machine screws in drilled and tapped holes. The interior surfaces of wire- ways and covers shall be given one coat of primer and one coat of rust preventing paint. All exterior surfaces shall be given one primer coat and two finish coats of ANSI No. 49 baked on gray enamel. 13. EXECUTION a General: (1) All wiring shall be installed in an accessible conduit system which shall be electrically continuous throughout. The conduit system shall be concealed unless exposed work is'clearly called for on the drawings. Where field conditions require indicated conduits to be run exposed, approval of the Architect shall be secured prior to installation. The term "conduit" as used in this specification re- fers to rigid conduit, electrical metallic tubing, flexible conduit or watertight flexible conduit. (2) Except as otherwise specified, preparation, handling, and in- stallation of products and materials furnished under this section shall be in accordance with manufacturer's instructions and technical data pertinent to the product specified and/or approved. b Installation of Conduit: (1) Conduits shall be installed in a neat, workmanlike manner and installation shall conform to the best of modern practice. All conduits shall be installed with code radius bends with not more than four bends per run. Where more than four bends are required in a particular run, pullboxes shall be installed to facilitate the pulling of conductors. (2) All conduit runs concealed above furred ceilings shall be in- stalled to avoid conflict with lighting, heating and ventilating ducts and plumbing systems. (3) Paralleled conduits shall be run straight and true with offsets uniform and symmetrical. Conduits shall be secured by means of straps of clamps where single runs occur or on racks and hangers for multiple runs. (4) Conduit terminations at cabinets and boxes shall be rigidly secured with locknuts and insulated bushings. All conduit ends shall be reamed after cutting and, if not secured to boxes or cabinets, shall be capped and protected during construction. 16-A 7 ELECTRICAL WORK Finance Building Contra Costa County • (5) Spare or empty conduits shall be capped at dead ends and empty conduits shall have a 14 gauge pullwire installed. (6) Rigid steel conduit shall be used for interior feeders and sub- feeders. Rigid aluminum conduit may be used, at Contractor's option. (7) Electrical metallic tubing may be used in concealed locations above grade. (8) Transitions from rigid aluminum conduit to rigid steel conduit shall be made by coating threads of couplings with zinc petroleum jelly compound, or zinc chromate. (Red lead shall not be used.) All joints in rigid steel conduit shall be painted with rust-resisting paint. (9) Flexible conduit shall be used for connection of recessed light- ing fixtures, motors, heating and ventilating and plumbing equipment or locations where it is not practicable to use rigid conduit or electrical metallic tubing. In exterior locations or in wet or damp locations, the flexible conduit shall be "Seal Titer'. (10) Exposed conduit shall be run parallel to, or at right angles to, building lines and/or center lines of beams and columns. Exposed conduit work shall be neat, of good appearance and free from ir- regularities and damage. c Installation of Outlets: (1) Install standard 41' octagon or square boxes at each ceiling or wall fixture and as indicated for continuous rows of fluorescent fixtures. Outlet boxes for suspended :ixtures shall be provided with 3/8" fixture studs. (2) Install switch receptacle and telephone outlets in separate or gang boxes as required. Outlets for switches shall be located where indicated on the drawings at a mounting height of 52" unless other- wise noted or indicated. Telephone and receptacle outlets shall be mounted at 12" above finished floor or 6" above tops of counters or in counter splash, if noted, or in a manner described on the drawings. (3) Generally, outlets shall be mounted on adjustable bar hangers. In wood stud walls, outlets shall be mounted on 2" x 411 wood blocking. (4) All outlets in furred walls or ceilings shall be provided with plaster rings of proper depth to match wall finish. d Installation of Wire and Cables: (1) No wire shall be pulled into any portion of the conduit system until all construction work that might damage the wire has been completed. 16-A 8 ELECTRICAL WORK Finance Building Contra Costa County (2) No mechanical means shall be used for pulling in wire. (3) All wiring shall be continuous from outlet to outlet, or from terminal to terminal. No splices will be permitted in conduits. (4) Splices in wires and cables shall utilize approved type solder- less connectors. In no case shall the insulation of the wire joint be less than the insulation value of the conductor. (5) Securely tag all branch circuits, noting the purpose of each. Mark wires with Brady "Quick-Label" wraparound wire markers. Where two or more conduits enter a single outlet, mark each conductor with its corresponding circuit number. (6) Color code all conductors. e Lighting Fixtures: (1) Lighting fixtures shall be installed plumb, level, in straight lines without distortion and shall be clean. (2) Pendant fixtures shall be provided with ball aligners. (3) Recessed fixtures shall be provided with the proper suspension yokes and accessories and the proper type and depth of plaster frame. (4) Surface mounted fluorescent fixtures shall be mounted on 1-1/2" spacers only if required by code for low density ceilings. f Cutting and Patching: (1) Provide necessary cutting in connection with the electrical work and make repairs in a manner satisfactory to the Architect. (2) Structural members shall not be drilled, bored or notched in such a manner as to impair their structural value. (3) Cutting of holes in concrete shall be by core drill. (4) Cutting shall be as indicated or only with written approval of the Architect. (5) Remove and re-install existing metal ceiling as necessary to complete the work. g Identification of Equipment and Circuits: Nameplates shall be provided to permanently identify all circuit breakers, all remote switches, and other cabinet mounted equipment or apparatus. Nameplates shall be of a laminated phenolic type con- sisting of three layers, black-white-black, with the uppermost layer 16-A 9 ELECTRICAL WORK Finance Building Contra Costa County engraved to show the white layer, not less than 1/2" x 301. Name- plates shall be mounted with rivets or sheet metal screws. i Grounding: Except as otherwise specified, the complete electrical installation, including the neutral conductor, metallic conduits and raceways, boxes, cabinets and equipment shall be permanently and effectively grounded in accordance with all code requirements, whether or not such connections are specifically shown or specified. Ground conductor shall be Type TW wire installed in rigid conduit and extended to a cold water line which is not less than 1-lAlt iron pipe from point of ground connection to earth. Attach to cold water pipe with T & B conduit hub and water pipe clamp. Ground resistance at any point shall not exceed 3 ohms. j Tests: Tests shall be conducted during the construction period to determine conformity with applicable codes and with these specifica- tions. Tests shall be performed in the presence of the Architect or his representative and shall include: (1) Test all circuits for continuity. (2) Test all Contractor furnished equipment for proper operation. (3) Test Owner furnished equipment for proper operation. (4) Prior to energizing the electrical system, the neutral circuit shall be checked for accidental grounds. Any accidental grounds shall be corrected. k Telephone Conduit System: All telephone conduits shall be installed with long radius bends. The total number of bends between outlets and terminals, or between two outlets, shall not exceed three. If a greater number of bends than three are required, junction boxes or pullboxes of appropriate sizes shall be installed in accessible locations. Conduit sizes and layout shall conform to all requirements of the telephone company. 14. GUARANTEE Refer to General Conditions, Section 29. 16-A 10 ELECTRICAL WORK DRAWINGS 02 MAP5 T00 LAQGE- TO FILM STOQF-D W ( Th FILE 0 a 7384 H 587 105821 DEC 10 1974 i- irtciRECORDED,. RETURN RECORDED AT RE �ST OF tt TC CLERIC BOA-RD OF at�.�a'clock ' M. SUPERVISORS Contra Costa County Records J. R. OLSSON, County Recorder Fee . S Official i - BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA . In the Matter of Accepting and Giving RESOLUTION OF ACCEPTANCE Notice of Completion of Contract with and NOTICE OF COMPLETION Maloass Construction COmoanv. Inc . (C.C. §§3086, -3093) Building Maintenance . 15 P RESOLUTION NO. 74/1023 _ The Board of Supervisors of Contra Costa County RESOLVES THAT: - . , The County of Contra Costa on January 2, 1074 contracted with Malpass Construction Comoan7, Inc. , 303 Waterberr7 Drive , Pleasant Hill, California OL523 dame and Address of Contractor for Finance Building Remodel . Martinez ttith Emolo.yers Mutual Liability Insurance Co. of Wisconsina.s surety, 2fama of Bonding Company for work to be performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans,_ special. provisions, and standard specifications, and reco=ends its acceptance as complete as of December 3, 107h ; Therefore, said work is accepted as completed on said date, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for -said contract_ A letter is on file with the Public Works Deoartment- allowing the .with- holding of :t'700 from monies due the contractor, to guarantee completion of 3 minor items before January 1 , 1975. Contract time is extended to December 3, 1974 inasmuch as the County has had beneficial use of the soace throughout the life of the contract, and because of long dolays in delivery of certain manufactured items . PASSED AND ADOPTED ON December 3, 1g7h CERTIFICATION and VERIFICATIOiT I certify that the foregoing is a true and correct copy of a resolu— tion and acceutance duly adopted and entered on the minutes of -:'his Dom_d' ' s meati n g on the above date . 1 decia- re under penalty Of perjury that fore=oino is tl'ue and correct. Dated: December 3, 1P7h J. R. OLSSOT , County Clerk— &: at ,-Martinez , California ex officio Clerkof the Board Q Gc.rti� ,D late F By Nanev S. Ortega " `rF,a epuiy Ulerlc cc: hecoro ana r86urn F� Contractor Auditor Public Works Administrator R ESOLUTIOit T.O. 7li/1023 AW W Of DOW1ni fff i�or..m 7f9.5 • CHANCE ORDER TO CONTRACA. C.O. 1 B.M. # . 1549 Project: Finance Building Remodel Contractor: Malpass Construction Company In accordance with County request, Contractor proposes to provide all equipment, materials, labor and services to accomplish the requested change to the contract documents for which the amount noted herein below shall constitute full compensa- tion and by which the contract price shall be adjusted. In all other respects the contract remains unchanged. Description of Change: (See Exhibit "A" Attached) Item Irl Install 15' movable partition in Room 204. . . . . . . . . . . . . . . . $ 93.00 Item #2 Relocate counters & supply new gates . . . . . . . . . . . . . . . . . . . . 394.00 Item #3 Re-paint second floor area . . . . . . . . . . . . . . . . . . . . . . . 700.00 Item #4 Remove doors and frames 209. Relocate doors & frames from 210 to 209 . . 125.00 Item #5 Install old door in Room 113. . . . . . . . . . . . . . . . . . . . . . . 109.00 Item #6 Remove sink in Room 221. . . . . . . . . . . . . . . . . . . . . . . . . 46.00 Item #7 Remove doors and plug holes in tanks . . . . . . . . . . . . . . . . . . 31.00 Item #8 Re-finish doors on second floor. . . . . . . . . . . . . . . . . . . . . 145.00 Item #9 Add drapes between Room 104 and 105. . . . . . . . . . . . . . . . . . . 152.00 Item #10 Add vinyl in Room 102 and change material in Room 103. . . . . . . . . . 124.00 Item #11 Change wall color Room 101-B . . . . . . . . . . . . . . . . . . . . . . 74.00 Item #12 Rewire four (4) light fixtures and supply ballast Rooms 201 & 102. . . . 153.00 Item T13 Change three (3) outlets from 110V to 220V . . . . . . . . . . . . . . . 108.00 _ Item #14 Install telephone cabinets . . . . . . . . . . . . . . . . . . . . . . . 1,573.00 Item #15 Install extra telephone outlets. . . . . . . . . . . . . . . . . . . . . 825.00 Item .#16 Install extra electrical outlets . . . . . . . . . . . . . . . 4,620.00 Item YA17 Credit for electrical outlet holes- not abandoned . . . . . . . . . . . (550.00) Item #18 Furnish Walker Electrical and telephone outlets . . . . . . . . . . . . 1,196.00 Item r19 Remove 2 ballasts and 2 light fixtures and install 2 light fixtures. . . 190.00 Item #20 Overtime work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 768.00 Item #21 Install telephone conduits . . . . . . . . . . . . . . . . . . . . . . . 212.00 Item #22 Connect exhaust fan in Room 113. . . . . . . . . . . . . . . . . . . . . 58.00 Item #23 Install exhaust fan in Room 113. . . . . . . . . . . . . . . . . . . . . 392.00 Item #24 Install double action gate hinges @ 3 gates. . . . . . . . . . . . . . . 39.00 Approval Recommended: Net Change DEDUCT in Contract Price $ 11,577 ADD Project chi Last Contract Price $66,500 c,�, New Contract Price $78,077 Supervising Bldg. Proj . Engineer Approved: Deputy Public Works Directo '� / - Ahairman, Board Zf Supervisors Accepted: ATTEST: J . R. OLSSON , CLERK P / By Deputy Clerk By ? Neil, 24, !g 75� Contractor 10, Date 3. 'CORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date, these parties promise and agree as set forth in this contract, incorporating by these references the material ("variables") in Sec. 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete this work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans, drawings and specifications. (c) This work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Sec. 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the speci- fications or the Notice to Proceed; and shall complete it as specified in Sec. 1. 5. LIgUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor, allowance being made for contingencies as provided 'herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work; and if the same be not paid, Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due Contractor under this con- tract. If the Public agency for any cause authorizes or contributes to a delay, suspen- sion of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications, of any Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract; and they are intended to cc-operate, so that anything exhibited in the plans or drawings and not mentioned in the specifications, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Sec. 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1, except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first day of each calendar month the Contractor shall submit to the Public Agency a verified application for payment, supported by a statement showing all materials actually installed during the preceding month, the labor expended thereon, and the cost thereof; whereupon, after checking, the Public Agency shall issue to Contractor a certificate for the amount determined to be due, minus 10% thereof pursuant to Government Code Sec. 53067, but not until defective work and materials have been removed, replaced and made good. 8. PAYMENTS WITHHELD. (a) The Public Agency or its agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, (2) Claims filed or reasonable evidence indicating probable filing, (3) Failure to properly pay subcontractors or for material or labor, (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files Its notice of completion of the entire (Page 2 of 4) (CC-1; Rev. 4-72) 17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT. This agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the. Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS 6 INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and including the defense of any suit(s) or action(s) at law or equity concerning these. ' (d) The actions causing Liability are any act or omission (negligent or non- negligent) in connection with the matters covered by this contract and attributable to the contractor, subcontractor(s) , or any officer(s) , agent(s) or employee(s) of one or more of them. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negli- gent or willful misconduct of any Indemnitee. 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Sec. 6422, if applicable, by submitting to Public Agency a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. (Page 4 of 4) (CC-1; Rev. 4-72) COVTRACT (Construction Agreement) (Contra Costa County Standard Form) 1. VARIABLES. These variables are incorporated below by reference. (§§2,3) Parties: [Public Agency] Contra Costa County [Contractor] I.1alpass Construction CoQ, Incerb�je�sDEVRill , CA 94-23 (§2) Effective Date: .Tarivary 2 ,_1974 [See §4 for starting date. ! (§3) The Work: Alterations to Contra Costa County Finance Building, b;artinez, California, Building Pdaintenance Job No. 1549 , all in accordance with the Plans, Drawings and Specifications or Special Provisions prepared by or for the Public Works Director, including Addenda 1 and 2 and Alternates 1 through 4 , and in accordance with the accepted Bid Proposal. (§4) Completion Time: [strike out (a) or (b) "calendar" or "working"] Y{Zk�XX$�+XXX44:x ;XXXXXxxxxxxxxxx xxxxXX - (b) Within 90calendar/y5(cj XXic Y,days from starting date. (§5) Liquidated Damages: $ 100 .0 0 per calendar day. (§6) Public Agency 's Agent: Public Works Director (67) Contract Price: $ 66 ,500.00 tLXX. `6ai�:�i:£ .'o�'cXXd;ri�tfs{alt�SkX►ofo}FtX X§ .Xxxrhxx c (Strike out parenth tic zL_ at 1 if inapplicable. Plus or Minus Unit PriC ns ns As Shown On Accepted Bid Proposal 2. SIGNATURES & ACKNOWLEDGMENT. 0 C COSTA Public Agency, By: (Prreieiea*t-er Chairman) Bo o rs ByDeputy Clerk Contractor, hereby also compliance with Labor Code §§1861 concerning Workmen's Compensation Law. MJLPASS ONS RUC,QTION COV-,. INC . By: �e, at .tiL_ -C6 I de �1 [Design to official apacity in the business] Note to Contractor: (1) Execute acknowledgment form below; and (2) if a corpora- tion, attach a certified copy of the bylaws, or of the resolution of the Board of Directors authorizing execution of this contract and of the bonds required hereby. ------------------------------------------------------------------------------------------ State of California ) ss. ACKNOWLEDGMENT (by Corporation, County of Contra Costs ) Partnership, or Individual) The person(s) signing above for Contractor, known to me in individual and business capacity as stated, personally appeared before me today and acknowledged that he/they executed it and that the corporation or parx-rreip awed above exec it. Dated: December 31, 1973 %- ._ .. -. -.,,.,,,,,, (s EaMs 1,7,r.T G.Fli'C:t_i BAR— E F, rTT._�;_T r T4 HOT=�",!FaSaC-ulirlxanm Notary Public L--Mmm� Principal owice ----- -in-cc,.ra-eo ---------------- - --- - --------------------DCG: ,i De utFOR`! A �. y Counsel, By r11 - —Deputy (Page 1 of 4 C• Graves (CC-1; Rev. 4-72) 3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date, these parties promise and agree as set forth in this contract, incorporating by these references the material ("variables") in Sec. 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete this work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans, drawings and specifications. (c) This work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Sec. 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the speci- fications or the Notice to Proceed; and shall complete it as specified in Sec. 1. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor, allowance being made for contingencies as provided 'herein, tie becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work; and if the same be not paid, Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due Contractor under this con- tract. If the Public Agency for any cause authorizes or contributes to a delay, suspen- sion of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work, when such delay was caused by the failure of the Public agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications, of any Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract; and they are intended to co-operate, so that anything exhibited in the plans or drawings and not mentioned in the specifications, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Sec. 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1, except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first day of each calendar month the Contractor shall submit to the Public Agency a verified application for payment, supported by a statement showing all materials actually installed during the preceding month, the labor expended thereon, and the cost thereof; whereupon, after checking, the Public Agency shall issue to Contractor a certificate for the amount determined to be due, minus 10% thereof pursuant to Government Code Sec. 53067, but not until defective work and materials have been removed, replaced and made good. 8. PAYMENTS WITHHELD. (a) The Public Agency or its agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, (2) Claims filed or reasonable evidence indicating probable filing, (3) Failure to properly pay subcontractors or for material or labor, (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c:) 35 calendar days after the Public Agency files its notice of completion of the entire (Page 2 of 4) (CC-1; Rev. 4-72) work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid, no claims have been presented to the Public Agency based on acts or omissions of the Contractor, and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code 431860-61) On signing this contract, Contractor must give Public Agency (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, or (2) a certificate of Workmen's Compensation insurance issued by an admitted insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Sec. 3700 and the Workmen's Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties, in amount(s) specified in the specifi- cations, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply sufficient materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency, the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal, state and local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Sec. 1720, and including Secs. 1735 & 1777.6 forbidding dis- crimination) and intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Secs. 1775 & 1813, concerning prevailing wages and hours, shall apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Government Code 334100-4113 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Sec. 1773, the governing body of the Public Agency has ascertained the general prevailing rates of wages per diem, and for holiday and overtime work, in the locality in which this work is to be performed, for each craft, classification, or type of workman needed to execute this contract, and said rates are as specified in the call for bids for this work and are on file with the Public Agency, and are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours con- stituting the working day. When less than that number of hours are worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at least these rates to all persons on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes neces- sary for the Contractor or any subcontractor to employ any person in a craft, classifi- cation or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate is specified, the Contractor shall immediately notify the Public Agency which shall promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no workman employed at any time on this work by the Contractor or by any sub- contractor shall be required or permitted to work longer thereon except as provided in Labor Code Secs. 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Secs. 1777.5, and 1777.6 on non-discrimination. (Page 3 of 4) (CC-1; Rev. 4-72) 17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT. This agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the, Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or, payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS 4 INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and including the defense of any suit(s) or action(s) at law or equity concerning these. (d) The actions causing Liability are any act or omission (negligent or non- negligent) in connection with the matters covered by this contract and attributable to the contractor, subcontractor(s), or any officer(s), agent(s) or employee(s) of one or more of them. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negli- gent or willful misconduct of any Indemnitee, 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Sec. 6422, if applicable, by submitting to Public Agency a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. (Page 4 of 4) (CC-1; Rev. 4-72) ------------ 605 D in the.r_-., r rhe Sa;rcrar�cf Sfato ` JUL.'1 2 1972 EDMUND G. bKur�rr 7r., Sec: ARTICLES OF INCORPORATION BY RALPH R, a"ry°f State De u MARTIG P tY OF MALPASS CONSTRUCTION COMPANY, INC... The name of this corporation shall be MALPASS CONSTRUCT,3iV COMPANY, INC. II The purposes for which this corporation is formed are: , (a) To engage primarily in the specific business of general contractor for the construction, repairingp and remodeling of buildings and public works of all' kinds, and for the improvement of real estate, and , the doing of any and all other business and contracting incidental thereto, or connected therewith, and the doing and performing of any and all acts or things necessary, proper, or convenient for or incidental to the furtherance or the carrying .out of the powers or purposes herein mentioned. (b) To engage generally in the business of general con ' struction, including the designing, constructing, enlarging, extending, repairing, completing, removing. or otherwise engaging- in any work upon .structures of every kind and description whatsoever, .'to make, execute; and take or receive any contracts or assignments of contracts therefor or relating thereto or connected therewith; and to manufacture or otherwise acquire and furnish all building and other matorials 'and supplies <..' ..,. t connected therewith or required therefor; ' to manufacture, produce, adapt, prepare and deal with any materials, articles, or things incidental to or required for, or useful in { connection with any of its business which can be advantageously carried on. in conjunction - with and incidental to any of the matters x aforesaid. (c) To engage in any business related or unrelated to those described in Paragraphs (a) and :(b) of this Article II and from time to time author ized>:� s �`: or approved by the Board of Directors of this..........fx corporation; (d) To do business anywhere in the world; (e) To exercise any and 'all rights and powersnow and hereafter granted .to a corporation bylaw; and (f) To act as .principal, agent, partner, joint.-venturer or in any other legal capacity in any transaction. The above purpose clauses shall not be limited by reference to inference from 6ne another, but each such purpose clause shall be construed as a separate statement conferring independent purposes and powers upon the corporation. III The County in the State of California where the principal office for the transaction of business of this corporation is located is _ ________ Contra Costa County. IV (a) The number of directors of this corporation shall be f our (4) . r (b) The names and addresses of the persons who are,. appointed to act as the first directors of this- - corporation are: NAME ADDRESS WAYLAND E. MALPASS 503 Waterberry Drive Pleasant Hill, Calif. 94523 BEVERLY A. MALPASS 503 Waterberry Drive Pleasant Hill, Calif. 94523 GEORGE F. MALPASS 971 Hutchinson Road Walnut Creek, California RUBY L. MALPASS 971 Hutchinson Riad Walnut Creek, Ca,�,, Qrnia V The total number of shares which this corporation shall have authority to issue is Twenty Five Thousand. '(25,000) shares, all of one class. (a) Each share shall have a par value ., : Ten ($10. 00)' Dollars, for a total aggregateralue of Two Hundred Fifty Thousand ($250,000) Dollars. (b) No distinction shall exist between the shares of the corporation or the holders thereof. (c) This Article V t can be amended only the vote or written consent of the holders of One Hundred Per Cent (1000) of the outstanding voting shares. IN WITNESS WHEREOF, the undersigned and above-named incorporators and First Directors of this corporation have r-. executed these Articles of Incorporation on tfaly /Z. ` , 1972. WAYLAND E. MALPASS. BEVERLY A. MALPASS GEORGE F. :PASS RUB J�rL. MALPASS/ i BY-LAWS OF MALPASS CONSTRUCTION COMPANY, INC. -' ARTICLE I ' OFFICES -;� Section 1. PRINCIPAL OFFICE. `s The principal office for the transaction of business of the Corporation is hereby fixed and located at 503 Waterberry Drive, xi Pleasant Hill, California, 94523. .'Y The Board of Directors is hereby granted full power and authority to change the place of said principal office. 1t Section 2. OTHER OFFICES. Branch or subordinate offices may at any time be estab- lished by the Board of Directors at any place or places where the Corporation is qualified to do business. ARTICLE II F SHAREHOLDERS' MEETING Section 1. PLACE OF MEETINGS. All meetings of the shareholders shall be held at the office of the corporation in the State of California, as may be designated for that purpose from time to time by the Board of Directors. Section 2. ANNUAL MEETINGS. The annual meeting of the shareholders shall be held on the Sixteenth day of September in each year, if not a legal holi- day, and if a legal holiday, then on the next succeeding business fi day, at the hour of o'clock M. , at-which time the share- holders shall elect by plurality vote a Board of Directors, consider reports of the affairs of the Corporation,-and transact such other business as may properly be brought before`the meeting. Section 3. SPECIAL MEETINGS. Special meetings of the shareholders, for any purpose or purposes whatsoever, may be called at any time by the President, or by the Board of Directors, or by any two or more members thereof, or by one or more shareholders holding not less than one-fifth (1/5) of the voting power of the Corporation. Section 4. NOTICE OF MEETINGS. Notices of meetings, annual or special, shall be given in t writing to shareholders entitled to vote by the Secretary or the Assistant Secretary, or if there be no such officer, or in case of his neglect or refusal, by any director or shareholder. Such notices shall be sent to the shareholder's address appearing on the books of the Corporation, or supplied by him to the Corporation -. for the purpose of notice, not less than seven days before such meeting. Notice of any meeting of shareholders shall specify the place, the day and the hour of meeting, and in case of special meeting,;, in the manner provided by law, shall atate the general nature of the business to be transacted. Notice-©€ the-A; usiness to be transacted shall also be given for any meeting at`wtich the following matters are to be ' considered: lease or transfer of all or substantially all of the cor- poration's assets, merger with another corporation, reduction of stated capital, amendments of the articles, dissolution of the :. corporation, or plans for distribution of securities or any other assets in connection with dissolution. n When a meeting is adjourned for thirty days or more, notice of the adjourned meeting shall be given as in case of an original meeting. Save, as aforesaid, it shall not be necessary to give any notice of the adjournment or of the business to be transacted at an adjourned meeting other than by announcement at the meeting at which such adjournment is taken. Section 5. CONSENT TO SHAREHOLDERS' MEETINGS. t The transactions of any meeting of shareholders, however called and noticed, shall be valid as though had at a meeting duly held after regular call and notice if a quorum be present either in person or by proxy, and if, either before or after the meeting, each of the shareholders entitled to vote, not present in person or by proxy, sign a written waiver of notice, or a consent to the holding of such meeting, or an approval of the minutes thereof. All such waivers, consents or approvals shall be filed with the corporate records or made a part of the minutes of the meeting. ~ Any action which may be taken at a meeting of the shareholders, except the approval of agreements to merge or consolidate with other corporations, may be taken without a meeting if authorized by a ? writing signed by all of the holders of shares who would be entitled to vote at a meeting for such purpose, and filed with the Secretary of the corporation. Section 6. QUORUM. The holders of a majority of the shares entitled to vote thereat, present in person, or represented by proxy, shall be requisite and shall constitute a quorum at all meetings of the share- holders for the transaction of business except as otherwise pro- vided by law, by the Articles of Incorporation, or by these Sy-Laws. If, however, such majority shall not be present or represented at any meeting of the shareholders, the shareholders entitled to vote -thereat, present in person, or by proxy, shall have power to adjourn the meeting from time to time, until the requisite amount of voting shares shall be present. At such adjourned meeting at which the requisite amount of voting shares shall be represented, any business may be transacted which might- have been transacted at the meeting as originally notified. Section 7. VOTING RIGHTS; CU;�TLATIVE VOTING. ames shares entitled to vote stand on Only persons in whose n the stock records of the Corporation on the day of any meeting of i 2 i i ' shareholders, unless some other day be fixed by the Board of Directors for the determination of shareholders of record, then on such other day, shall,be entitled to vote at such meeting. Every shareholder entitled to vote shall be entitled to one ` vote for each of said shares except that for the election of,directors each such shareholder shall be entitled to a number of votes equal" to the number of directors to'be elected multiplied by the number < of shares which he is entitled to vote. s Upon the demand of any shareholder made before the voting begins, the election of directors shall be by ballot. 9 Section 8. PROXIES. Every person entitled to vote or execute consents shall have the right to do so either in person or by an agent or agents authorized ' by written proxy executed by such person or his duly authorized agent and filed with the secretary of the Corporation. The manner of execution, revocation, and use of proxies shall be governed by the general provisions of law. ARTICLE III DIRECTORS; MANAGEMENT Section 1. POWERS. Subject to the limitation of the Articles of Incorporation, of the By-Laws and of the Laws of the State of California as to action to be authorized or approved by the shareholders, all corporate { powers shall be exercised by or under authority of, and the business and affairs of this Corporation shall be controlled by, a Board of Directors. Section 2. NUMBER AND QUALIFICATION. The authorized number of directors of the Corporation shall be four ( 4 ) , until changed by amendment to the Articles of Incorporation or by an amendment to this Section 2, Article III of these By-Laws, adopted by the vote or written assent of the share- holders entitled to exercise the majority of the voting power of the Corporation_. Section 3. ELECTION AND TENURE OF OFFICE. The directors shall be elected by ballot at the annual meeting of the shareholders, to serve for one year and until their successors are elected and have qualified. Their term of office shall begin immediately after election. Section 4. VACANCIES. Vacancies in the Board of Directors may be filled by a majority of the remaining directors, though less than a quorum, or by a sole remaining director, and each director so elected shall hold office until his successor is elected at an annual meeting of shareholders or at ,,:), special meeting called for that purpose. The shareholders may at any time elect a director to fill any vacancy not filled by the direct ors , and may elect the addi- 3 i ; f :i i tional directors at the meeting at which an amendment of the By-Laws ,r Y is voted authorizing an increase in the number of directors. A vacancy or vacancies shall be deemed to exist in case of a the death, resignation or removal of any director, or if the $ shareholders shall increase the authorized number of directors but shall fail at the meeting at which such increase is authorized, or at an adjournment thereof, to sleet the additional director so ` provided for, or in case the shareholders fail at any time to elect the full number of authorized directors. _.i If the Board of Directors accepts the resignation of a Director tendered to take effect at a future time, the Board, or the shareholders, shall have power to elect a successor to take office when the resignation shall become effective. No reduction of the number of directors shall have the effect of removing any director prior to the expiration of his term of office. r' Section 5. REMOVAL OF DIRECTORS. The entire Board of Directors or any individual director may be removed from office in the manner provided by law. Section 6. PLACE OF MEETINGS. Meetings of the Board of Directors shall be held at the office of the Corporation in the State of California, as } designated for that purpose, from time to time, by resolution of the Board of Directors or written consent of all of the Members of the Board. Any meeting shall be valid, wherever held, if held by the written consent of all Members of the Board of Directors, given either before or after the meeting and filed with the Secretary of the Corporation. Section 7. ORGANIZATION MEETINGS. ' The organization meetings of the Board of Directors shall be held immediately following the adjournment of the annual meetings of the shareholders. i Section 8. OTHER REGULAR MEETINGS. Regular meetings of the Board of Directors shall be held on ' 16th day of September and 16th day of March at the principal office of the Corporation. If said day shall fall upon a holiday, such meetings shall be held a on the next succeeding business day thereafter. No notice need be given of such regular meetings . a' Section 9. SPECIAL MEETINGS--NOTICES. Special meetings of the Board of Directors for any purpose or purposes shall be called at any time by the President or if he is absent or unable or refuses to act, by any dice-President or by any two directors. Written notice of the time and place of special meetings shall be delivered personally to the directors or sent to each director by letter or by telegram, charges prepaid., addressed to him at his address as it is shown upon the records of the Corporation, or if it 4 ti gg +Fs. is not so shown on such records or is not readily ascertainable, az the place in which the meetings of the directors are regularly held. - In case such notice is mailed or telegraphed, it shall be deposited in the United States mail or delivered to the telegraph company in r the place in which the principal office of the Corporation is . located at least forty-eight (48) hours prior to the time of the s holding of the meeting. In case such notice is delivered as above provided; it shall be so delivered at least twenty-four (24) hours prior to the time of the holding of the meeting. Such mailing, telegraphing or delivery as above provided shall be due, legal and personal notice to such director. Section 10. WAIVER OF NOTICE. When all the directors are present at any directors' meeting, however called or noticed, and sign a written consent thereto on the records of such meeting, or, if a majority of the directors are present and if, those not present sign in writing a waiver of notice of such meeting, whether prior to or after the holding of such meeting, which said waiver shall be filed with the Secretary of the Corporation, the transactions thereof are as valid as if had at a a meeting regularly called and noticed. f Section 11. NOTICE OF ADJOURNMENT. Notice of the time and place of holding an adjourned meeting need not be given to absent directors if the time and place be } fixed at the meeting adjourned. a Section 12. QUORUM. A majority of the number of directors as fixed by the Articles or By-Laws shall be necessary to constitute a quorum for the trans- action of business, and the action of a majority of the directors present at any meeting at which there is a quorum, when duly assembled, is valid as a corporate act; provided that a majority of the directors present, in the absence of a quorum, may adjourn from time to time, but, may not transact any business. ARTICLE IV OFFICERS Section 1. OFFICERS. The officers of the Corporation shall be a president, a vice-president, a secretary and a treasurer. The Corporation may also have, in the discretion of the Board of Directors, a chairman of the Board, one or more additional vice-presidents, one or more assistant secretaries, one or more assistant treasurers, and such other officers as may be appointed in accordance with the provisions of Section 3 of this '.r.ticle . One person may hold two (2) or more offices, e,:ccpt t.hcsc of president and secretary. Section 2. ELECTION. The officers of the Corporation, except such officers as maybe appointed i.n accorr'^zi^c ::��.th t:�e nroJision of Section 3 or Section 5 of this Artic e sha?I be chosen annually by the Board of 5 y,k X . ;T Directors, and each shall hold office until he shall resign or shall be removed or otherwise disqualified to serve, or his successor shall be elected and qualified. Section 3. SUBORDINATE OFFICERS, ETC. The Board of Directors may appoint such other officers as the business of the Corporation may require, each of whom shall hold office for such period, have such authority and perform such duties as are provided in the By-Laws or as the Board of Directors s may from time to time determine. b Section 4. REMOVAL AND RESIGNATION. Any officer may be removed, either with or without cause, by a majority of the directors at the time in office, at any regular or special meeting of the Board, or, except in case of an officer chosen by the Board of Directors, by any officer upon whom such power of removal maybe conferred by the Board of Directors. Any officer may resign at any time by giving written notice to the Board of Directors or to the President, or to the Secretary of the Corporation. Any such resignation shall take effect at the date of the receipt of such notice or at any later time specified therein; and, unless otherwise specified therein, the 3 acceptance of such resignation shall not be necessary to make it effective. t Section 5. VACANCIES. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled in the manner prescribed in the By-Laws for regular appointments to such office. Section 6. CHAIRMAN OF THE BOARD. The chairman of the Board, if there shall be such an officer, shall, if present, preside at all meetings of the Board of Directors, and exercise and perform such other powers and duties as may be from time to time assigned to him by the Board of Directors or prescribed by the By-Laws. Section 7. PRESIDENT. Subject to such supervisory powers, if any, as may be given by the Board of Directors to the chairman of the Board, if there be such an officer, the president shall be the chief execu- tive of icer of the Corporation and shall, subject to the control of the Board of Directors, have general supervision, direction and control of the business and officers of the Corporation. He shall preside at all meetings of the shareholders and in the absence of the chairman of the Board, or if there be none, at all meetings of the Board of Directors. He shall be e:: officio a member of all the standing committees, including the executive committee, if any, and shall have the general pov:ers and duties of management usually vested in the office of president of a Corporation, and shall have such other powers and duties as may be pre::cr.ibcd by the Board of Directors or the By-Laws. 6 Sl:.iJia�li% --- ....1:..w•..:._. �..3➢I�i�,N+IS..arw— <..,. ,m....uye..�. - — .. Section 8. VICE-PRESIDENT. In the absence or disability of the president, the vice- presidents, in order of their rank as fixed by the Board of Directors-, or if not ranked, the vice-presidents designated by the Board of Directors, shall perform all the duties of the president, and when so acting, shall have all the-powers of, and be subject to all the restrictions upon the president. The vice-presidents shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively by the Board of Directors or the By-Laws. Section 9. SECRETARY. The Secretary shall keep, or cause to be kept, a book of minutes at the principal office or such other place as the Board of - Directors may order, of all meetings of directors and shareholders, with the time and place of holding, whether regular or special, and if special, how authorized, the notice thereof given, the names of those present at directors' meetings, the number of shares present or represented at shareholders' meetings and the proceedings thereof. The Secretary shall keep, or cause to be kept, at the prin- cipal office or at the office of the Corporation's transfer agent, a share register, or a duplicate share register, showing the names of the shareholders and their addresses; the number and classes of shares held by each; the number and date of certificates issued for the same, and the number and date of cancellation of every certificate surrendered for cancellation. The Secretary shall give, or cause to be given, notice of all the meetings of the shareholders and of the Board of Directors required by the By-Laws or by law to be given; he shall keep the seal of the Corporation in safe custody, and shall have such other powers and perform such other duties as may be prescribed by the Board of Directors or the By-Laws. Section 10. TREASURER. The treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct accounts of the properties and business transactions of the Corporation, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, y capital, surplus and shares. Any surplus, including earned surplus, paid-in-surplus and surplus arising from a reduction of stated capital, shall be classified according to source and shown in a separate account. The books of account shall at all reasonable times be open to inspection by any director. The treasurer shall deposit moneys and other valuables in the name and to the credit of the Corporation with such deposi- taries as maybe designated by the Board of Directors. He shall disburse the funds of the Corporation as may be ordered by the Board of Directors; shall render to the president and directors, whenever they request it. n.n c.ceoiint, of all his transactions as treasurer and of the finanei<�.1 cr.�ndit-ion c/' i- Corporation, and 7 0' - shall have such other powers and perform such other duties as may k be prescribed by the Board of Directors or the By-Laws. ARTICLE V $ EXECUTIVE AND OTHER COMMITTEES The Board of Directors may appoint an executive committee ' and such other committees as may be necessary from time to time, consisting of at least two of its members and with such powers as it may designate, consistent with the Articles of Incorporation and By-Laws and the General Corporation Laws of the State of Cali- f ornia. ali-fornia. Such committees shall hold office at the pleasure of the Board. ARTICLE VI CORPORATE RECORDS AND REPORTS--INSPECTION Section 1. RECORDS. The Corporation shall maintain adequate and correct accounts, books and records of its business and properties. All of such books, records and accounts shall be kept at its principal place of business in the State of California, as fixed by the Board of Directors from time to time. t : 3 Section 2. INSPECTION OF BOOKS AND RECORDS. All books and records provided for by statute shall be open to inspection of the directors and shareholders from time to time and to the extent expressly provided by statute, and not otherwise. Section 3. CERTIFICATION AND INSPECTION OF BY-LAWS. The original or a copy of these By-Laws, as amended or other- wise altered to date, certified by the Secretary, shall be open to inspection by the shareholders of the company in the manner provided i by law. 5 Section 4. CHECKS, DRAFTS, ETC. All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable to the Corporation, shall be signed or endorsed by ? such person or persons and in such manner as shall be determined from time to time by resolution of the Board of Directors. Section 5. CONTRACTS, ETC. --HOW EXECUTED. } The Board of Directors, except as in the By-Laws otherwise provided, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the Corporation. Soch authority may be general or cozlfined to specific instances . Unless so authorized by the Board of ' t Directors, no officer, agent or employee shall have any power or authority to bind the Corporation by any contract or engagement, or to pledge its credit, or to render it liable for any purpose or to any amount. 8 71 Section 6. ANNUAL REPORT. r a'c The board of directors of the corpo nation shall cause an annual report to be sent to the shareholders not : :ter than one hundred.twenty (120) days after the close of the fiscal oi, the calendar year in com- pliance with the provisions of the California Corporations Code. j , y �f ARTICLE VII CERTIFICATE AND TRANSFER OF SHARES { Section 1. CERTIFICATES FOR SHARES. Certificates for shares shall be of such form and device >°-Y as the Board of Directors may designate and shall state the name of the record holder of the shares represented thereby; its number; date of issuance; the number of shares for which it is issued; the par value, if any, or a statement that such shares are without par value; a statement of the rights, privileges, preferences and restric- tions if any; a statement, as to redemption or conversion, if any; a statement of liens or restrictions upon transfer or voting, if any; if the shares be assessable, or, if assessments are col- lectible by personal action, a plain statement of such facts. j Every certificate for shares must be signed by the President ' or a Vice-President and the Secretary or an Assistant Secretary or I must be authenticated by facsimiles of the signatures of the President and Secretary or by a facsimile of the signature of its President and the written signature of its Secretary or an Assistant Secretary. Before it becomes effective, every certificate for shares ri authenticated by a facsimile of a signature must be countersigned by a transfer agent or transfer clerk and must be registered by an incorporated bank or trust company, either domestic or foreign, as registrar of transfers. j Section 2. TRANSFER ON THE BOOKS. Upon surrender to the Secretary or transfer agent of the Corporation of a certificate for shares duly endorsed or accompanied by proper evidence of succession, assignment or authority to transfer, it shall be the duty of the Corporation to issue a new certificate to the person entitled thereto, cancel the old certifi- cate and record the transaction upon its books. ' Section 3. LOST OR DESTROYED CERTIFICATES. Any person claiming a certificate of stock to be lost or destroyed shall make an affidavit or affirmation of that fact and advertise the same in such manner as the Board of Directors may require , and shall, if the directors so require, give the Corporation a bond of indemnity, in form and with one or more sureties satis- factory to the Board, in at least double the value of the Stock 9 4a 7_____ E.; 1 Y k represented by said certificate, whereupon a new certificate may be - ' issued of the same tenor and for the same number of shares as the u - one alleged to be lost or destroyed. Section 4. TRANSFER AGENTS AND REGISTRARS. The Board of Directors may appoint one or more transfer agents or transfer clerks, and one or more registrars, which shall be an N< incorporated bank or trust company--either domestic or foreign, who - shall be appointed at such times and places as the requirements of the Corporation may necessitate and the Board of Directors may designate. Section 5. CLOSING STOCK TRANSFER BOOKS. The Board of Directors may close the transfer books in their discretion for a period not exceeding thirty (30) days preceding any meeting, annual or special of the shareholders, or the day , appointed for the payment of a dividend. ARTICLE VIII CORPORATE SEAL The corporate seal shall be circular in form, and shall have inscribed thereon the name of the Corporation, the date of its incorporation and the word "California". ARTICLE IX AMENDMENTS TO BY-LAWS i Section 1. BY SHAREHOLDERS. New By-Laws may be adopted or these By-Laws may be repealed or amended at their annual meeting, or at any other meeting of the shareholders called for that purpose, by a vote of share- holders entitled to exercise a majority of the voting power of the Corporation, or by the written assent of such shareholders. Section 2. POWERS OF DIRECTORS. Subject to the right of the shareholders to adopt, amend or repeal By-Laws, as provided in Section 1 of this Article IX, the Board of Directors may adopt, amend or repeal any of these By-Laws other than a By-Law or amendment thereof changing the authorized number of directors. Section 3. RECORD OF AMENDMENTS. Whenever an amendment or new By-Law is adopted, it shall be copied in the Boob_ of By-Laws with the original By-Laws, in the appropriate place . I.f any By-Laws or By-Law is repealed, the fact of repeal with the date of the meeting at which the repeal was enacted or written assent was f lcd shall be stated in said book. 10 ;a Y W. F`J KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, being all of the persons appointed ` in the Articles of Incorporation to act as'the first Board of Directors of hereby assent to the foregoing By-Laws, and adopt the same as the By-Laws of said Corporation. Y IN WITNESS WHEREOF, we have hereunto set our hands this Sixteenth day of September 1972 WAYLAND E. MALPASS BEVERLY A. MALPASS Directors. GEORGE F. MALPA S / f RUBY L. MALPAS$ r ; THIS IS TO CERTIFY: That I am the duly elected, qualified and acting Secretary of MALPASS CONSTRUCTION COMPANY, INC. and that the above and foregoing By-Laws were adopted as the By-Laws of said Corporation on the SxtQenth day of September , 19 72 , by the persons appointed in the articles of Incorporation to act as the first directors of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand this Sixteenth day of September , 19 72 . BEVERLY MLPASS Secretary. THIS IS TO CERTIFY: That I am the duly elected, qualified and acting Secretary of MALPASS CONSTRUCTION COMPANY, INC. and that the above and foregoing Code of By-Laws was submitted to the shareholders at their first meeting held on the Sixteenth day of September , 1972 , and was ratified by the vote of the share- holders entitled to exercise the majority of the voting power of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand this Sixteenth r day of September , 1972 ?!1 BEVERLY MALPASS — Se etary. 11 v a. v C MTNTJTES OF FIRST MEETING OF BOARD OF DIRECTORS OF MALPASS CONSTRUCTION COMPANY, INC. A California Corporation. The Directors named in the Articles of Incorporation of MALPASS CONSTRUCTION COMPANY, INC. , a California Corporation, and constituting the Board of Directors of { said Corporation, held their first meeting at Pleasant Hill California, on the Sixteenth day of September , 19 72 , at ! two o'clock P. M. There were present at said meeting the following Directors constituting a quorum of the full Board: WAYLAND E. MALPASS BEVERLY A. MALPASS GEORGE F. MALPASS RUBY L. MALPASS ,t s There were absent: None On motion and by unanimous vote WAYLAND MALPASS was elected temporary chairman and BEVERLY MALPASS was elected temporary secretary of the meeting. M The chairman announced that the meeting was held pursuant to written waiver of notice thereof and consent thereto signed by all of the Directors of the Corporation named as such in the Articles of Incorporation; such waiver and consent was presented to the meeting and upon motion duly made, seconded, and unanimously carried was made a part of the records of the meeting and now precedes the minutes of this meeting in the Book of Minutes of the Corporation. The chairman stated that the original Articles of Incorporation of the Corporation had been filed in the office of the California Secretary of State on July 12 19 72 , and that a copy thereof, certified by said Secretary of State, had been filed in the office of the County Clerk of Contra Costa on July 21 , 19 72 , being the county in which the Corporation is to have its principal office, and that a copy of said Articles similarly certified had been filed in the office of each county in the State of California in which the Corporation holds, or contemplates holding, real property. He presented to the meeting a certified copy of said Articles of Incorporation showing filings as stated and the • • .71 a secretary was directed to insert said copy in the Book of Minutes of the Corporation. The matter of the adoption of by-laws for the regulation of the Corporation was next considered. The secretary presented to the meeting a form of by-laws which were duly considered and discussed. On motion duly made, seconded, and unanimously carried, the following resolutions a were adopted: WHEREAS, the shareholders of this Corporation have not as yet adopted any by-laws for the regulation of its affairs; and WHEREAS, there has been presented to this meeting a form of by-laws for the regulation of the affairs of this Corporation; and 3 WHEREAS, it is deemed to be to the best interests of this Cor- poration and its shareholders that said by-laws be adopted by this Board of Directors as and for the by-laws of this Corporation; NOW, THEREFORE, BE IT RESOLVED, that the by-laws presented to this meeting and discussed hereat be and the same hereby are adopted as and for the by-laws of this Corporation. RESOLVED FURTHER that the secretary of this Corporation be and he hereby is authorized and directed to execute a certificate of the adoption of said by-laws and to insert said by-laws as so certified in the Book of Minutes of this Corporation and to see that a copy of said by-laws, similarly certified, is kept at the principal office for the transaction of business of this Corporation, in the manner provided by law. The meeting then proceeded to the election of a president, a vice president, a secretary, and a treasurer. The following were duly elected to the offices indicated after the names of each: j i WAYLAND E. MALPASS President. GEORGE F. MALPASS Vice President. i rE«nT V "-AITPASS Secretary. BEVERLY MALPASS Treasurer. 4 Each officer so elected being present accepted his office, and thereafter the president presided at the meeting as chairman and the secretary acted as secretary of the meeting. The secretary presented for the approval of the meeting a proposed seal of the Corporation consisting of two concentric circles { with the words MALRASS CONSTRUCTION COMPANY, INC. and the words and figures "INCORPOR.ATED July 12 1972 ., ,,- California", in the form and figures as follows: ' t �j • ate•, _ t On motion duly made, seconded, and unanimously carried the following resolution was adopted: r s RESOLVED that the corporate seal, in the form, 1 words, and figures presented to this meeting be and the same hereby is adopted as the seal j of this Corporation. ' z� :a The secretary presented to the meeting a proposed form of share certificate for use by the Corporation. On motion duly made, seconded, and unanimously carried, said form of share certificate was approved and adopted and the secretary was instructed to insert a copy thereof in the Book of Minutes immediately following the minutes of the meeting. ' The chairman suggested that the meeting consider the proposal of GEORGE F. MALPASS said proposal being as follows : E That the offices of President and Vice-President be designated as the offices empowered with the authority i to enter into contracts in the name of the corporation. i On motion duly made, seconded, and unanimously carried the j 1 following resolution was adopted: I� ' RESOLVED that WAYLAND E. MALPASS, President and GEORGE F. MALPASS, Vice-President are hereby empowered with the authority to enter into contracts with third parties, binding the corporation. The chairman suggested that the meeting consider the proposal of GEORGE F. MALPASS said proposal being as follows: That the Bank of California, Pleasant Hill Office, be selected as a depository for the corporation On motion duly made, seconded, and unanimously carried the ; following resolution was adopted: z RESOLVED , that the Hank of California, Pleasant Hill Office, a banking institution be selected as a depository for the corporation. f a F f t f F 1 WHEREAS, this corporation is authorized to issue an aggregate of 25,000 shares of its capital stock of the par value of $10.00 y. pez share, NOW, THEREFORE, BE IT RESOLVED that this corporation issue to the following named persons 3,000 shares of its capital stock of the par value of $10.00 per share at the price of per share for the consideration described below in accordance with the terms of the California Corporate Securities Law of 1968 and pursuant to the Rules and Regulations pertaining to that Law, in particular Rule 260.102.6 and Rule 260.102.8: Name Number of Consideration Shares to be Received =:3 WAYLAND E. MALPASS 1500 _ Assets & Liabilities of Malpass Construction, a Pa big GEORGE F. A3ALPASS -do- p t RESOLVED FURTHER that JAMES F. ERNST as counsel for the corporation prepare the necessary Notice to ; the Commissioner of Corporations pursuant to Subdivision (h) of Section 25102 of the California Corporations Code; such Notice to be executed by all of the officers and directors of this corporation and by all of the proposed issuees as above set forth; and RESOLVED FURTHER, that the Board of Directors hereby determines that the fair value to this Corporation of the con- sideration for which said 3000 shares of common stock of the par value of $ 10.00 per share are to be issued is $ 30,000 ; and RESOLVED FURTHER, that of the consideration to be received for such shares an amount equal to the par value thereof shall be credited to stated capital and the remainder shall be credited to paid-in surplus; and RESOLVED FURTHER, that the officers of this corporation be and they hereby are authorized and directed to execute all �. documents and to take such action as they may deem necessary or advisable 3.:i order to carry out and perform the purposes of these resolutions. Resolution for Issuance of PaT Value Shares to Named Individuals for consideration other than cath pursuant to Subdivision (h) of Section 25102 of the California Corporations Code i .................... f ested that the meeting The The chairman Sugg PASS, consider the proposal of HEtlERLY MAL being as follows: Edward Ghirardo, Certified Public That Mr. 45 Mitchell goulevardr Suite 6 , Accountant, accountant San Rafael, be retained as the for the corporation. D that EDWARD GHIRARDO be retained as RESOLVE the corpora the accountant for s4 .t -77 F cn In order to provide for the payment of the expenses of incorpo- ration and organization of the Corporation, on motion duly made, ` j� seconded, and unanimously carried, the following resolution was adopted: RESOLVED that the president or vice president =` and the treasurer of this Corporation be and they hereby are authorized and directed to pay the expenses of the incorporation and organization of this Corporation. After some discussion the location of the principal office of the Corporation in Pleasant Hill, Contra costa,aaiifornia, the county named in the Articles of Incorporation as that in which the principal office for the transaction of the business of the Corpora- tion is to be located, was fixed pursuant to the following resolution unanimously adopted, upon motion duly made and seconded: RESOLVED that Pleasant Hill, Contra Costa County, California, be and the same hereby is designated and fixed as the principal office for the transaction of the business of this Corporation in Pleasant Hill, Contra Costa County , State of California. To provide for a depositary for the funds of the Corporation and to authorize certain officers to deal with the corporate funds, the following resolutions were duly adopted: RESOLVED that all funds of this Corporation be deposited r7itil Bank of California, Pleasant Hill Office RESOLVED, FURTHER, that any officer of this Corporation_ shall be authorized to endorse checks, drafts, or other evidences of indebtedness made payable to the order of this Corporation, but only for the purpose of deposit; and RESOLVED, FURTHER, that all checks, drafts, and other instruments obligating this Corporation to pay money shall be signed on behalf of this Corporation by the president or vice president and by the treasurer. There being no further business to come before the meeting, upon motion duly made, seconded, and unanimously carried, the meeting adjourned. WAYLAND MALPASS Temporary Chairman. WAYLAND MALPASSPresiaent and Chairman. Attest: BEVERLY MALPASS Temporary Secretary. BEVERLY MALPASS - Secretary. r STATE OF CALIFORNIA ) ll COUNTY OF ) SS I • i - On `:�t.� %- �� , 1972, before me, aNotary Public in , and for said County and State, personally appeared.-, ,' <i WAYLAND E. MALPASS, BEVERLY A. MALPASS, GEORGE F. j MALPASS AND RUBY L. MALPASS, known to me to be the t r. persons whose names are subscribed to the foregoing a Articles of Incorporation, and acknowledged to me that they ` executed the same. IN WITNESS WHEREOF, I have hereunto set my hand _ . and .affixed my official seal on the day and year first above written. f� y Ad ROSE yI:4. PRICE ; NOTARY PUB:110•CKLIFORNIA Principal Office in Crntra Costa County My Cnmmizicn Expires lure 4,1074 — -- ._ ...--• ----__._... _.__.._.._..rte,,r -47 ; 0 B N0. 0650 07 029734C MIUM: $665.00 .01-1 ALL ?:.r.ii BY Ti. S PEES ITES: That WTIE^EAS: The Donrd of SuncrviSors of the County of Contra Costa State Of California Dy pesolution passed DECEMBER 26 , 19 73, has awarded to MALPASS CONSTRUCTION COMPANY, INC. hereinafter designated as the "Principal"� a Contract for corstructino ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING, MARTINEZ , CALIFORNIA nnd;� h'111i't,S, said Principal is required under the terns of said Contract and the Snecifications there-7or, to furnish a bond for the faithful performance el: said Contract. NO". THEREFOREE T%e, the principal, and EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN 550 CALIFORNIA STREET. SAN FRANCISCO.CA. 94120 as Surety, are held and firmly bound unto the said County of Contra Costa, State of California, in the penal sum of SIXTY SIX THOUSAND FIVE HUNDRED AND NO/100---------------- Dollars ($—66 ,500. 00 ) lawful money of the United States, for the nayment of w'-ich suer, wel'_ and truly to be ]rade, we bird ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITION OF TIS OBLIGATION IS SUCH that if the above bonded Principal, his or its heirs, C::ecutors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform ^nd ;grcc-rents in the said Contract and any alteration tiiereoJ: m:%dc ns tlinrci.n provided, on his or their part, to be holit• :.Inti pe.r-foruled at the time and in the manner therein specified, and in all respects according to their true intent and mear_inc, and shall indemnify and save harmless the said Coe^.'y of Contra Costa, thereinits Officers, and agents, as therein Stipulated, then this Obligation sha11 become null and void; otherwise, it shall be and remain in full forcc and virtue. ;V4 i97 �.L� v A:':%. s.,:c; Su uty, for vague received, hereby stipulates anc iuuraaL; ::i::'� »:i C:i�:. ::� C:%;:a;S iOra OZ tii1�;, a?teratioa or addition to the terms J: L'o i.:C: wo:... to be perAko:izuc: thereunder or the specification i4.... i• �:.::;•�;:;; t Q ;;Y;...+ :i:all i^ any wise affect its obligations on this bond, and A. L:uc:+ :le:c:::y is;::.ve :.otica o:: aay such change, v. 16talsion of time, alteration or a 6—L:.ion zo tc.c tor.:as of tho Contract or to t::e work or to the specifications. ?\ 1-111VIi:SS 4]12REOF _ TWO identical cou te.2. its of this instrument, cac: of which stall for ail pu_poses be deemed ran ori11 ,,iaal Lhareof, :.ave beer. duly executed by the Principal and Surety above- rlamer:, On t:.a day of (To be si ncd by ) MALPASS CONSTRUCTION COMPANY: INC. ('*rinci2al and Surety) Principal (:and acknuiJiedptiG-nt ) ) (anal Notarial Seal to) By. � �/' ,d (be attached. ) E WLIMWr M1 IMALUAM INSURANCE COMPANY 650 CALIFORNIA SytE.T. saq,faanc�ecn_rte_ 9a se Surety !� By /-" 7 • -CARL . KUHN, ATTORNEY-IN-FACT The above bond is accepted and approved this day of , 19 . The above bond is accepted and approved this day of 19 Notarial Acknowledgement—Attorney In Fact STATE OF Ca 1 i f_ On this 26th day of December,19_1L,before me. San Mateo County of S.S. Marie Scott ,a Notary Public In and for said City & County,State aforesaid,residing therein,duly commissioned and sworn,personally appeared Carl H. Kuhn known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN and acknowledged to me that he subscribed the name of EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF W NSILA thereto as principal,and his own as attorney in fact. IN WITNESS WHER F. 1 have hereunto set my hand and affixed my official seal. QaasassaaassaaaassuaatasrenrnnntsssanarnaaaataawA ity & Cou of n Mateo da oFsrC{AL sEAa. - at my office in the wtid y r..�•r�:�� MARIE SCOTT = and year in this certificate fust a written. is NOTA'Y PUBLIC•CALIFORNIA ;�, � C,UV7Y OF SAN MATEO C .�. NT Laaalwa allues U& 15,1611 Masaaaasanaa:ssaaasasssasur:asaassusssgasaseauuaasun Notary Public in and for thClt County of San Matey State of Calif. d RI54216 6.73 My commission expires 8116/77 EMPLOYERS MUTUALltABILITY INSURANCE CO*ANY OF WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Employers Mutual Liability Insurance Company of Wisconsin, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau,County of Marathon, State of Wisconsin,has made,constituted and appointed, and does by these presents make, constitute and appoint Carl H. Kuhn its true and lawful attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof- - - - - --- - - -- and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the president, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attomey-in-fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 1973, which resolution is still in effect: "RESOLVED, that the President and any Vice President — elective or appointive—of Employers Mutual Liability Insurance Company of Wisconsin be, and that each of them hereby is,authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of Employers Mutual Liability Insurance Company of Wisconsin bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be, and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach thereto the seal of Employers Mutual Liability Insurance Company of Wisconsin. "FURTHER RESOLVED, that the signatures of such officers and the seal of Employers Mutual Liability Insurance Company of Wisconsin may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Employers Mutual Liability Insurance Company of Wisconsin when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." IN WITNESS WHEREOF, Employers Mutual Liability Insurance Company of Wisconsin has caused these presents to be signed by the vice president and attested by its secretary, and its corporate seal to be hereto affixed this 2nd day of July , 1973_. EMPLOYERS�TUAL LIABILITY INSU ANC COMPANY OF WISCONSIN pPQpFatf Sl. �----� By- h .` r �1 s�pNs� Vice President Attest: 7 Creta ry STATE OF WISCONSIN ) ss. COUNTY OF MARATHON) On this 2nd day of .Lu13T 1973 ,before me personally came f , to me known, who being by me duly sworn, did depose and say that he is a vie resident of the Employers Mutual Liability Insurance Company of Wisconsin, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above written. \ _ V flm r.y `Alyrr.rl.f1�T Nancy IIend6rf " Notary Public M,y Commi�si-on ey.oires 8 h 71. CERTIFICATE STATE OF WISCONSIN ) CITY OF WAUSAU ) ss COUNTY OF MARATHON) 1, the undersigned, vice president of Employers Mutual Liability Insurance Company of Wisconsin, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney remains in full force and has not been revoked: and furthermore that the resolution of the Board of Directors set forth in the power of attomey is still in force. N Signed and sealed in the City of Wausau, Marathon County,State of Wisconsin, this 26th day of December 19 73. x � � pP4pH�iF�� .,. Vice President � r +�sC 0 ss. iw nt:,nwa c6.rs.d Io►Wo bond to BONS,NO. 0650 0 7 0 2 9 7 3 4 0 b @d In cUrSt roc¢atotmer"bond. • DIVISTO': D. rAY"'7- T rOND (Labor and „atcrial Bond) IaO:; ALL _. ?: Bi' TITI:S PRESENTS: That the Board, or Supervisors. Contra Costa County. State of California by resoluLion passed DECRMRER 260 19 -, has awarded to MALPASS CONSTRUCTION COMPANY, INC. designated as the "Principal," a contract for the work described as follows: ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING, MARTINEZ, CALIFORNIA k'I?77?:at+5, sa.zc? *arincznal is required by Division 3, Part IV, Title •}�.', Chapter 77 (COM:nenc=„Q 4t Section 3247) of the California Civil Code to furnish z bond in connection vith said contract: EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONs+N \'C:ti TILS EFOi:%, we, the Pr_nci pal and 550 CALIFORNUi,TaErn c.•t rnt ritrn re n4tin as Surety, are held and firmly bound unto Contra Costa County in the penal sum of THIRTY THREE THOUSAND TWO HUNDRED FIFTY AND no/100------------------ -----------------=-------------- Dollars ($ 33,250. 00 ), lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrat:ors• successors, or assigns, shall fail to pay any person or persons named in Civil Code Section 3131 or fail to pay fox :any nntcrials, p-ovisions, provender or other ;applies, or teams, used in, upon, for or rbout the performance of the work contracted to be done, or for any work or lrxbor th(trcoa of -any kind or for amounts due under. the Unca:ployment Insurance Code, With respect to wort: or labor, then said Surety will pay for the same, in or to an amount not exceeding the -mount hereinabove set forth, ane! also will pay in case suit is brought upon this bond, such reasonable attorney's fees, as shall be fixed by the court. awarded and taxed cs provided in Div;sion 3., Part IV, Title XV, Chanter 7, (commencing at Section 3247). of the CaliforniaCivil Code. 7y 1:111 bond sb.a l l iaur a to t1ha banef it Of any and all i er sJ11s, corm spat les, and corporatiorw car_itladl tC, fila: claimsunder Section 3131 or the California Civ_i CoLu, so ns to c-iva a rizat of action to thorn of their assigns in any -U*t b ousLat uoon this bond. And elle sales Surety, far value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the saga shall in anywise affect its cbligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract., or to the work, or to the specifications. IS WITNESS WHS.41rOF this instrument has been duly executed by the'Principal and Surety above named, on the_ 26TH day of DECEMBER , 19 73 MALPASS CONSTRUCTION CO. . =Q11i Principal By P EWPLOYM 111UMAL LIABILITY iNSuum BOIIPARY OF W!SCJYSIN 550 CAL'FOR.114 ST.R[LT, SAN FR.L•ICISM,CL Jim Surety -100 /Ls By CARE H. KUHN • Attorney-in-Fact Notarial Acknowledgement—Attorney in Fact • STATE OF Ca 7 i f_ on this 26th day ofDEceimber .19 73 .before me, San Mateo County of S.S. Marie Scott ,a Notary Public in and for said City & County,State aforesaid,residing therein,duly commissioned and sworn,personally appeared Carl H. Kuhn known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN and acknowledged to me1 h !fL? e subscribed the name of EMPLOYERS LIAL LIABILITY INSURANCE(JD'1fPAN,,Yf F WISCONSIN thereto as principal,and his own as attorney in fact. IN WITNESS ''HEREOF. I have hereunto set my hand and affixed my official seal. tsstssss:ttrt:iaLrtnnrsoFFiMi►L ssiVsri�nrnss! at my office in the said Cit & of San Mater day MARIE SCOTT and year in this certificate f above written. NOCG%NTV OF SAm mTO CALIFORNIA A Nt pa®msiaa nots kL 13,1171 itts{;ttt�t<fsap;s;tssss:a=rsruttsussssstrrnrntenn Notary Public in a /fur the ri tis ,c County of San Ma teQ State of Calif. ' 8154216 6-73 fly commission expires 8/15/77 • EMPLOYERS MUTUAI*IABILITY INSURANCE COOANY OF WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Employers Mutual Liability Insurance Company of Wisconsin, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau,County of Marathon, State of Wisconsin,has made,constituted and appointed, and does by these presents make, constitute and appoint Carl H. Kuhn its true and lawful attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof- - - - - - - - - - - - and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the president, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attomey-in-fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 1072,which resolution is still in effect: "RESOLVED,that the President and any Vice President —elective or appointive— of Employers Mutual Liability Insurance Company of Wisconsin be, and that each of them hereby is,authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of Employers Mutual Liability Insurance Company of Wisconsin bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be, and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach thereto the seal of Employers Mutual Liability Insurance Company of Wisconsin. "FURTHER RESOLVED, that the signatures of such officers and the seal of Employers Mutual Liability Insurance Company of Wisconsin may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Employers Mutual Liability Insurance Company of Wisconsin when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." IN WITNESS WHEREOF, Employers Mutual Liability Insurance Company of Wisconsin has caused these presents to be signed by the vice president and attested by its secretary, and its corporate seal to be hereto affixed this 2nd day of duly , 19" . pQoaArfS EMPLOYERS�TUAL LIABILITY INSU ANC • COMPANY OF WISCONSIN By— Vice President Attest: Secretary STATE OF WISCONSIN ) ss. COUNTY OF MARATHON) On this ?„nri day of_ Jtily: 1973_ , before me personally came to me known, who being by me duly sworn, did depose and say that he is a-vic resident of the Employers Mutual Liability Insurance Company of Wisconsin, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year heroin first above written. \ �t\ Nancy 6endFarf Notary Public My Comnirsion expires 6 1, 714 CERTIFICATE STATE OF WISCONSIN ) CITY OF WAUSAU ) ss COUNTY OF MARATHON) 1, the undersigned, vice president of Employers Mutual Liability Insurance Company of Wisconsin, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney remains in full force and has not been revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. N Signed and sealed in the City of Wausau, Marathon County,State of Wisconsin. this 25th day of December Cq o�QoauE sf J -..-• �� Vice President 8CON5� • 0 CERTIFICATE OF INSURANCE EMP .-JYERS INSURANCE OF WAUSAU nis is r. cerrI - that the insurance p,:;.aes (described below by a policy number) written on forms in use by the company hay: I:e_-:. ".sura. This certiticate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage aifonied by any policy referred to herein. ( ) Th,s certificate renews or replaces the certificate previously issued. Fame and .ddre�s of Insured MALPASS CONSTRUCTIuN CO. 50 WATERBERRY DR . PLEASANT HILL, CAL :FORNIA • 94523 Kind of Cover adc 11. 1 Expiration DJtC Policy Number Limits of Liability 1Corkmen's �I Bodily Injury Property Damage Compensation' f 6 1 ,061 02 C2 4 Each Person Each Each _ ^I 4_, 297-3 ( Occurrence Aggregate Occurrence Aggregate Comprehensive I General Liability _Z4__10624 00 029734 s'. QO 000 300,000 100,0 1003000' Manufacturers' and Contractors'Lia biwv 1 Owners',Landlords' and Tcnants'Liabil, y Owners' and Cntractars' � i , Protective Liability C'ontnctual i._ 1::Ibilit> .. V i 1 _7.- �o ; 00 02734 00.000 100 000 oo,00� C omaI t rrrrd t'nrnrons— 1 roducrs Lt::r, iry i I .. Al:tomohilc X) Ot,ned I O 1 !i1 O. 2 OC 029734 '250.000 00,000 100.000 - -- ----- . Xi Iliad and 1 ! 'fix entr ru:r.Lcr cnhlrrn m- n, Aiv the coy--rage is afforded by the company designated by the same number. C •nd.c::r—. :' ).hc% .'t ;.;ll coverage .ander the Workmen's Compensation laws of A states (except states where coverage can be provgl�_ •• `--cc F::.a•, ..n! i:'.:n.::a) -id as design—ted in the policy and endorsements for Coverage B—Employers'Liability. " Contra rruzl o� (_. contracts d.--signated in cortractual coverage part; (X) all written contracts. ,rcial . roll::.ors' COUNTY OF CONTRA COSTA IS NAMED AS AN ADDITIONAL INSURED BUT ONLYWITH RESPECT TO LIABILITY OF THE ADDITIONAL INSURED ARISING OUT OF OPERATIONS BY THE NAMED INSURED. IF ANY POLICY DESCRIBED ABOVE IS CANCELLED DURING ITS TERM BY THE COMPANY OR THE COVERAGE AFFORDED IS REDUCED, THE COMPANY WILL MAIL NOTICE TEN (10) I kacri!;c.— '•r Aw 'nob:"' "'•DAYS BEFORE THE EFFECTIVE DATE OF SUCH CANCELLATION OR CHANGE TO 0i::r:;.r. ..: 'creel by po,:I,-icl THE PARTY NAMED BELOW. PROJECT; ALTERATIONS TO FINANCE BUILDING. Ir :ulcr II.L ::,� r.qui e env cc:tract or other -lo ument resi.ect to wh-ica this certificate may be issued or may pertain, the cnsurar.r i;.lr,rd by :he , ;: !p .,cs) :d above s subject to a it of rite terms, exciu;: ns and ronditions of such policy (policies) during the 'CCTri 1•• ::icer JI. Issued by: i)C) (L) Employers Mutual Liabil:ry irso-arca Company of Wisconsin ,A) (2.) Employers Mutual Fire Insurance Go:. ..:ray ( ) (3.) Illinois Employers Insurance of Wausau COUNTY OF CONTRA COSTA Date Issued: STATE OF CALIFORNIA PlamSA0. FRANC I SCO CAL I FORK i A Sim 1 73 M.15-:;73f Authwimd Comps Representstire S&LL & Crawf`ardGrcif CERTIFICATE OF INSURANCE COUNTY OF CONTRA COSTA STATE OF CALIFORNIA THIS IS TO CERTIFY as to the existence of insurance, as of the date of execution hereof, with Harbor Insurance Company, as described below: Name of Assured: i.ALPASS CONSTRUCTION CO. , INC. Address of Assured: 503 WATERBERRY DRIVE, PLEASANT HILL, CALIF. Location of Risk: JOB: ALTERATIONS TO FINANCE BLDG. Kind of Insurance: Policy No. period from to Limits Bodily Injury each person $ each accident S aggregate $ Property Damage each accident S aggregate $ Kind of Insurance: Policy No. period from to Limits. Bodily Injury each person g each accident S aggregate $ Property Damage—each accident S aggregate $ Kind of Insurance. UMBRELLA LIABILITY Policy No_ 111763 period from 11/8/71 to 11/8/74 Limits: $1,000 ,000.00 EACH OCCURRENCE $1,000 ,000.00 ANNUAL AGGREGATE It is hereby understood and agreed that the certificate holder will be given ten (10) days written notice before any reduction of coverage or cancellation of this Insurance Is effective. COUNTY OF CONTRA COSTA IS NAMED AS AN ADDITIONAL INSURED IN RESPECTS TO THE ABOVE PROJECT ONLY. Dated at SAN FRANCISCO, CA. this 26th day of DECEMBER, 1973 � SWETT & CRAWFORD BY U 6062 HS-CFS MEV. 4-661 ' ' _ • DEPUTIES: OFFICE OF COUNTY COUNSEL GERALD A. HECYFR ,re._ .•'�. �v;7 1.1AHTIN J. HLOOM RICHARD A. RORTOLAZZO CONTRA COSTA COUNTY MICHAEL D. FARR HOWARD T. GONSALVES COURT HOUSE. TOP FLOOR DENNIS C. GRAVES JOHN B. CLAUSEN P.O. n0X G9 JA14ES A. KLINKNER COUNTY COUT75_L EDWARD V. LANE JR. MARTINEZ. CALIFORNIA 94553 SILVANO MARCHESI GEORGE W. McCLURE PHONE: (415) 2204000 ARTHUR W. WALENTA JR. CHIEF DEPUTY ('� WILLIAM W. WARD III December 31, 1773 VICTOR J.VIESTMAN Halnass Construction Co. , Inc. 503 i•Jaterberr5 Drive— Pleasant Hill, CA 911523 Re: Contract for Alterations to Finance Building, Building 1.1aintenance Project 1!o. 15119 Gentlemen: Pursuant to Board of Supervisors ' Order, this office has prepared the contract for the above-entitled work. Enclosed are -the original and copies to be executed by you. Please follow the directions in the 71alote to Contractor" on page 1. Your signature must be acknowledged before a Notary Public. If you are a corporation, please forward us a copy of your by-laws, or 4 copy of your Boprd of Director's resolution authorizing execution of this contract and of the bonds required thereby. Paid copy must be certified as a true and accurate copy by an officer authorized to make such certification. After properly signing all copies of the contract, send one copy to your bonding company; then send the original and all of the other copies back to this office. Please also send us the necessary bonds and a certificate of insurance in the proper amounts with the County as a named insured, including evidence of workmen's compensation coverage, as required by the job specifications and the contract✓. These require our approval before the contract can be submitted to the Board of Supervisors for final execution. A fully executed copy will be sent you after the Board of Suxjek- visors signs. Very truly ;lours, John 1. Clausen Countl,r Counsel- 3Y : Dannis C. Graves Deputy County Counsel X G: Enc. cc: Public Works Department .. Attn: Buildin ; Projects Div. CC-2 :100:10/73 Finance Building • Contra Costa County • • MALPASS CONSTRUCTION CO INC Bidder DIVISION E. PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL THE eighteenth day of December, 1973 at 11:00 a.m. , in The Chamber of the Board of Supervisors, R tration Building, Martinez, California. IF1 D (A) TO THE HONORABLE BOARD OF SUPERVISORS DEC 2 6 1973 OF CONTRA COSTA COUNTY CLERK WARD Or SUPERVISORS Gentlemen: rA o > ty The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for ALTERATIONS TO CONTRA COSTA COUNTY FINAVCE BUILDING, MUTINEZ, CALI- FORIIIA, 9+553 in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors. Rocm 103, County Administration Building, tlartinez, California for the following sums; namely: BASE BID: Shall include all of the work for the construction and completion of all facilities therein, but not including any of the work in the following Alternates: For the sum of: �'`_/!YL•4n Tti0(/ijo— Five r-6el ,Dolla2'S ( �� JCc X F Alternates: State the amount to be added to the Base Bid amount for each of the following alternates as shown on the Drawings and/or specified under Section 1B ALTERNATES. ALTERNATE 1 - Accordion Partition and Chanaes to Ductwork and Lighting in Rooms No. 201 and No. 202 Add the sum of fiu Dollars ( ±50 o Xw� ALTMIZUE 2 - Repainting of Office Cubicles Add the sum of 6 no Th O1/5l�►� jr✓�•,�jr �%vc �-r"' Dollars ($ jO 7 S X' � ALTERNATE 3 - Mlodifications to Existing Unit Heaters and Windows Add the sun of / / r n t H v n d r t c' Twp ✓e - Dollar..s ALTERNATE 4 - Paint Ceili.nes of Areas 201 through 221, inclusive. also Areas 301 and 302 Add the sum of / G 42/.) ev�I�Cy��✓� / cyo 1-104-, d Dollars ($ -14- DIVISION E. PROPOSAL (Bid Form) (con't.) UNIT PRICES: (To be complete in lace including all Labor and Materials mP P g , equipment, profit, and overhead) 1. For adding to or deducting from the contract on a unit price basis, installation of telephone floor outletssupplied by the. County,;the sum of: n c �i ,�` i '�L v Dollars ($ Jy'S 0 i /-c 2. For adding to or deducting from the contract on a unit price basis, installation of electrical floor out lets supplied by the County, the sum of: i One NU�t Jr.,dd c/ ye a.-- N����.� `� Dollars ($ 16 S�x� ) 3. --For adding to or deducting from the contract on a unit price T basis, removal of telephone floor outlets, including plugging and refinishing of floors, the sum of: (� _ f Dollars ($ 5'5 ) 4. For adding to or deducting from the contract on a unit price basis, removal of electrical floor outlets, including plugging and refinishing of floor, the sum of: Dollars ($ ) 5. For adding to or deducting from the contract on a unit price basis, for plugging existing abandoned outlet holes with Fix-All, or equal, and j repairing floor to match existing. Dollars ($ ) � t (B) It is understood that this bid is based upon completion of the work within ninety (90) calendar days from and after the date of commencement. i (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then, he shall be liable to the County of Contra Costa in the amount of One Hundred Dollars ($100.00) per calendar i day for each day said work remains incompleted beyond the time for com- pletion, as and for liquidated damages and not as a penalty, it being agreed and expressly stipulated that it would be impractical and diffi- cult to fix the actual amount of damage. t i (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents i and the local conditions at the place where the work is to be done. i (E) The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. -15- j DIVISION E. PROPOSAL (Bid Form) Cont. LIST OF SUBCONTRACTORS: (As required by SECTION 12 - "SUBCONTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUBCONTRACTORS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of/Business Cabinets kr.c f�- P,[-Ch,c Suspended ceiling fv-7 -o CEJ Painting & wall covering 5e-`4e10-r' �� G Carpet 4,, dc.-.,rd < <(o,- a o-��z�✓� Folding Partition Gd a-75"/, 1 . �oIs $• �� Htg. & Air Condt. Ar S s4�f 14 Electrical Rev. 12/72 -17- • DIVISION E. PROPOSAL (Bid Form) Con't. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. O Cash IN Bidders Bond ❑Cashiers Check ❑Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Addendum # 1 dated Nov.28 3-1973 Addendum # 2 dated Dec.11,1973 Addendum # dated Mal ass Construction Co. . Inc. 503 Waterberry Dr. Pleasant Hill, Calif. 94523 Address Phone 934-6766 Licensed in accordance with an act providing for the registration of Con- tractors. Classification and License No. B-278984 Dated this 18th day of December 19 73 Rev. 12/72 -16- i DIVISION F. ARTICLES OF AGREEMENT (Contract) CONTRACT (Construction Agreement) (Contra Costa County Standard Form) - 2. VARIABLES. These variables are incorporated below by reference. (612,3) Parties: (Public Agency] (Contractor) (12) Effective Date: (See 14 for starting date.) (13) The work: (14) Completion Time: . (strlke out (a) or (b) "calendar" or "working"] (a) By [date] (b) Within •calendar/working days from starting data. (15) Liquidated Damages: $ per calendar day. (16) Public Agency's Agent: (17) Contract Price: $ (for-unit price contracts: more or less, in accordance with finished quantities at unit bid prices.) [Strike out parenthetical material if inapplicable.] 2. SIGNATURES L ACKNOWLEDGMENT. Public Agency, By: (President or Chairman) (Secretary) Contractor, hereby also acknowledging awareness of and compliance with Labor Code 11861 concerning Workmen's Compensation Lau. By: [Designate official capacity in the business) Note to Contractor: 121 Execute acknowledgment form below; and (Y) if a oorporn- tion, attach a certified copy of the bylaws, or of the resolution of the Board of Directors authorising execution of this contract and of the bonds required t•erebp. ------------------------------------------------------------------------------------------ State of California ) as. ACK.40WLEDCMENT (by Corporation, County of _-_) Partnership, cr Individual) The person(s) signing above for Contractor, known to we in individual and business capacity as stated, personally appeared before me today and acknowledged that he/the•r executed it and that the corporation or partnership named above executed it. Dated: (SEAL) _ Notary Public ------------------------------------------------------------------------------------------ PORN APPROVED: J. B. CLAUSEN. County Counsel. Py _,Deputy (Page 1 of 4) -18a- (CC-1; Rev. 4-72) • The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, aiong x:ith the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGULAR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yu ( ) No ( X ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( X ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( X ) S. If the answer to No. 4 is "yes", please explain the following details: (e) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -18- w • Emplovers, Insur-ancelf Wausau EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN EMPLOYERS MUTUAL FIRE INSURANCE COMPANY mal Home Office: Wausau. Wisconsin BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, MALPASS CONSTRUCTION COMPANY, INC. 503 WATERBERRY DRIVE, PLEASANT HILL, CALIFORNIA E+'PLOYERS MUTUAL LIADMITY INSUMMICE CCMPAMY (hereinafter called theprincipal),as ar u:scONSIN (h principal,and `.SL CALIFORNIAFORYISTREET. SAN fRAMCISL't),CA. 931211 a corporation organized and doing business under and by virtue of the laws of the State of Wisconsin, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of WISCONSIN as Surety,are held and firmly bound unto COUNTY OF CONTRA COSTA (hereinafter called the Obligee) MARTINEZ, CA. in the just and full sum of TEN PERCENT (10%) OF AMOUNT OF BID------------------------ Dollars (S ------------ ) lawful money of the United States of America, for the payment of which,well and truly to be made,we hereby bind ourselves and our and each of our successors and assigns,jointly and severally, firmly by these presents. THE CONLiTION OF THIS OBLIGATION IS SUCH THAT, WHEREAS. the above bounden principal as aforesaid. is about to hand in and submit to the obligee a bid or proposal for the ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING, MARTINEZ, CA. in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF,said Principal and said Surety have caused these presents to be duly signed and sealed this 18TH day of DECEMBER 19 73 MALPASS CONSTRUCTION CO. , INC. By Attome y�-�m-F_a CASH. KUHN 815-4228 6-73 EMPLOYERS MUTUAIOIABILITY INSURANCE COVANY OF WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Employers Mutual Liability Insurance Company of Wisconsin. a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau,County of Marathon, State of Wisconsin,has made, constituted and appointed, and does by these presents make, constitute and appoint Carl H Kuhn its true and lawful attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof - -- - - -- - - - - and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the president, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attomey-in-fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 1973, which resolution is still in effect: "RESOLVED, that the President and any Vice President -- elective or appointive--of Employers Mutual Liability Insurance Company of Wisconsin be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of Employers Mutual Liability Insurance Company of Wisconsin bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be, and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach thereto the seal of Employers Mutual Liability Insurance Company of Wisconsin. "FURTHER RESOLVED, that the signatures of such officers and the seal of Employers Mutual Liability Insurance Company of Wisconsin may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Employers Mutual Liability Insurance Company of Wisconsin when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." IN WITNESS WHEREOF, Employers Mutual Liability Insurance Company of Wisconsin has caused these presents to be signed by the vice president and attested by its secretary, and its corporate seal to be hereto affixed this 2nd day of J"I'm , 197-3_. EMPLOYERS�TUAL LIABILITY INSU9NCCOMPANY OF WISCONSIN opQDRA rE s' �.. BY �[ 1 k sCO N�'� Vice President Attest: Secretary STATE OF WISCONSIN ) ss. COUNTY OF MARATHON) On this 2nd day of JuIF '� 1973 , before me personally came -- , to me known, who being by me duly sworn, did depose and sav that he is a vie resident of the Employers Mutual Liability Insurance Company of Wisconsin, the corporation described in and which executed the above instrument, that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year herein first above written. \ Nancyt6endbrf 61. Notary Public My Commission expires 8 1, 71r CERTIFICATE STATE OF WISCONSIN ) CITY OF WAUSAU ) ss COUNTY OF MARATHON) 1, the undersigned, vice president of Employers Mutual Liability Insurance Company of Wisconsin, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney remains in full force and has not been revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still ^ in force. Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this 1-81-h day of December 19_13. IT Oa,F 09AFC Sr Vice Preside-n! ~�aCD Nay Notarial Acknowledgement—Attorney In Fact STATE OF Calif• On this 18th day ofDeeember 19 73 before me, San Mateo County of S.S. Marie Scott a Notary Public in and for said City & County,State aforesaid,residing therein,duly commissioned and sworn,personally appeared Carl H. Kuhn known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN and acknowledged to me thathe subscribed the name of EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN thereto as principal,and his own as attorney in fact. IN WITNESS 'IIERE.OF, I have hcreunto set my hand and affixed my official seal, auttttunnttttttetetttt1t7tsuuttnntmttttttettttt at my office in the said lty & ,_- ,(-,San Mateo the day OFF:CiAL 52AL and year in this certificate fire above written. MARE SCOTT ^ CAL!TORr,tA , " OCOU:,puBltC 11ATL0 : 15, 1977 \nnuttt::::rttastrt:::::a:u:un;tu:a:a,t::uttts Votary Public in and f/./rt fie Cli-y County of Sa n Matea state of Calif, 8154216 6-73 My commission expires 8/15/77 Fikance Building t Contra Costa County • 0 Alhambra Fier rSe i3idder DIVISION E. PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL THE eighteenth day of December, 19T3 at 11:00 a.m. , in The Chamber of the Board of Supervisors - tration Building, Martinez, California. F I L E D (A) TO THE HONORABLE BOARD OF SUPERVISORS DEC s X973 OF CONTRA COSTA COUNTY J. IL OLSSOM Gentlemen: CLW 11OAq OF SUPEW 4 CON CdSTA R The undersigned hereby proposes and agrees o furnish any and all required labor, material, transportation, and services for ALTERATIONS TO COi`I1'_RA COSTA COUNTY FINANCE BUILDING, MARTINEZ, CALI- FORNIA, 94553 in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, Room 103, County. Administration Building, Martinez, California for the following sums; namely: BASE BID Shall include all of the work for the construction and completion of all facilities therein, but not including any of the work in the following Alternates: For the sum of: Dollars ($�_� 7 Alternates: State the amount to be added to the Base Bid amount for each of the following alternates as shown on the Drawings and/or specified under Section 1B ALTERNATES. ALTERNATE 1 - Accordion Partition and Changes to Ductwork and Lighting in Rooms No. 201 and No. 202 Add the sum of Dollars ($ 4- 3Y y ° ALTERNATE 2 - Repainting of Office Cubicles Add the sum of O Dollars ($ /Z 7 Z ALTERNATE 3 - Modifications to Existing Unit Heaters and Windows Add the sum of Dollars ($ f_f 7�o . ALTERNATE 4 - Paint CeilinE s of Areas 201 throe h 221, inclusive, also Areas 301 and 302 Add the sum of 0 Dollars ($ 2 5 O -14- DIVISION E. PROPOSAL (Bid Form) (con't.) UNIT PRICES: (To be complete in place including all Labor and Materials, f equipment, profit, and overhead) , 1. For adding to or deducting from the contract on a unit price basis, installation of telephone floor outletssupplied by the County, the sum of: Dollars. ($ 2. For adding to or deducting from the contract on a unit price basis, installation of electrical floor outlets supplied by the County, the sum of: Dollars ($ �' ) 3. - For adding to or deducting from the contract on a unit price basis, removal of telephone floor outlets, including plugging and refinishing of floors, the sum of: Dollars ($ 4. For adding to or deducting from the contract on a unit price basis, removal of electrical floor outlets, including plugging and refinishing of floor, the sum of: Dollars ($ 4 5. For adding to or deducting from the contract on a unit price basis, for plugging existing abandoned outlet holes with Fix-All, or equal, and repairing floor to match existing. Dollars ($ (B) It is understood that this bid is based upon completion of the work within ninety (90) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then, he shall be liable to the County of Contra Costa in the amount of One Hundred Dollars ($100.00) per calendar day for each day said work remains incompleted beyond the time for com- pletion, as and for liquidated damages and not as a penalty, it being agreed and expressly stipulated that it would be impractical and diffi- cult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. (E) The undersigned has checked carefully all of the above figures and understands that the Board'of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. ' -15- r The following questionnaire shall constitute an inclusion co the hid documents and shall be completed and attached to the Bid (Proposal) Form, aiong e:ith the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGU(AR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes ( ) No ( X ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( X ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( X ) S. If the answer to No. 4 is "yes", please expiala the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -18- DIVISION F. ARTICLES OF AGREEK9NT (Contract) CONTRACT (Conatructlon Agreement) (Contra Coata County Stsnderd Form) 2. VARIABLES. These variables are incorporated below by reference. (ff2,1) Parties: (Public Agency] (Contractor) M) Effective Data: (See f6 for starting dace.) M) The Work: (f6) Conrplation Time: - (strike out (a) or (b) "calender" or "working"] (a) By (date] (b) Within ..calendar/working days from starting date. (15) Liquidated Damages: S per calendar day. (16) Public Agency's Agent: (57) Contract Price: S (for unit price contracts: more or less, in accordance with finished Quantities at unit bid prices.) (Strike out parenthetical material if inapplicable.) 2. SIGNATURES i ACKNOWLEDGN£NT. r Public Agency, By: (President or Chairman) (Secretary) Contrcotor, hereby also acknowledging awareness of and compliance with Labor Code 11861 concerning workmen's Compensation Law. By. (Designate official capacity in the buslness] Note to Contractor: 121 Exeoute acknowledgment form below; and f2) if a aorporn- tion, attach a certified copy of the bylaws, or of the revolution of the Beard of Directors authorizing execution of thio contract and of the bonds required 1.ereby. ------------------------------------------------------------------------------------------ State of California ) ACKNOWZEDGl/ENT (by Corporation, County of ) ss Partnership, or Individual) The person(s) signing above for Contractor, known to me In individual and business capacity as stated, personally appeared before me today and acknowledged that he/they executed It and that the corporation or partnership named above executed It. Dated: (SEAL) _ Notary Public ------------------------------------------------------------------------------------------ FORM APPROVED: J. B. CLAUSE`!, County Counsel, by ---Deputy (Page 1 of 4) -iSa- (CC-1; Rev. 4-72) DIVISION E. PROPOSAL (Bid Form) Con't. LIST OF SUBCONTRACTORS: (As required by SECTION 12 - "SUBCONTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUBCONTRACTORS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of Business Pai ti "��5�lL.✓ C ,cam.-2, Fn noring Z G v y G1aSS oR L .5N Rev. 12/72 -17- s DIVISION E. PROPOSAL (Bid Form) Cont. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations'o ,the place of business of the J subcontractors. (H) Attached is bid security as required in the Notice to Contractors. Cash M Bidders Bond C)Cashiers Check 0-Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Addendum # 1 dated 11/28/73 Addendum # 2 dated , Addendum # dated Alhambra Electric BY, Raymond M. Trebino 836 Alhambra Ave. . Martinez, Calif. Address Phone 228-2050 Licensed in accordance with an act providing for the registration of Con- tractors. Classification and License No, 2 8th gjll (M n B Dated this i 8th day of n#%r-mmhf%_r 19 73 Rev. 12/72 -16- s PACIFIC EMPLOYERS INSURANCE COMPANY A MEMBER OF PACIFIC EMPLOYERS GROUP OF INSURANCE COMPANIES HOME OFFICE - LOS ANGELES, CALIFORNIA BID BOND Bond No. KNOW ALL MEN BY THESE PRESENTS: rhot Alhambra Electric 724 Ferry Street Martinez, Calif. (hereinafter called the Principal) as Principal, and the PACIFIC EMPLOYERS INSURANCE COMPANY, a corporation created and existing under the laws of the State of California, with its principal office in the City of Los Angeles,California(hereinafter called the Surety)as Surety,are held and firmly bound unto County of Contra Costa (hereinafter called the Obligee), in the full and Just sum of 10% of the amount bid Dollars (S ), good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. Signed,sealed and dated this 18th day of_ December ,A.D.,19-23-- THE 9 23THE CONDITION OF THIS OBLIGATION IS SUCH, That, If the Obligee shall make any award to the Principal for Alterations to Contra Costa County Finance Buildina, Mart_ine7f Calif according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof with :he PACIFIC EMPLOYERS INSURANCE COMPANY.as Surety,or with other Surety or Sureties approved by the Obligee]or if the Principal shall,in case of failure so to do,pay to the Obligee the damages which the Obligee may suffer by reason of such failure,not exceeding the penalty of this be-,nJ,thea this obligation shall be null and void;otherwise it shall be and remain in full force and affect. In Testimony Whereof, the Principal and Surety have caused these presents to be duly signed and sealed. r WITNESS: IC ic. IS-0 Rai*- and I41. Trebino, Pres . (Seal) (Soon (If Individual or Firm) ATTEST: (Seal) Principal i (If Corporation) ) � PA o HIS INSURAN NY Py � ' iylfe_ R. / o�itle Y Attomay-in-Fact STATE OF CALIFORNIA 1 COUNTY OF 1> ss r On this day of 19 , before me o Notary Puhl:c, in and for the County and ! State aforesaid, residing therein duly commissioned and sworn. persoae3ly ;eerre known to me to be the Attorney-in-Fact of Pacific Employers Insurance Company, the Corporation that executed the within instrument and also known to me to be the person who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corpora- tion executed the same. Notary Public in and for the State of California. County of STATE OF CALIFORNIA ' • ss. COUNTY 0F.Saa..Fxan J S.cp.....................................I Onchis................18th--•............................................day of .......!i!.Pg ber............................................................., 19...7.3....,before me KdtSuko_Tk ......................................................................................_,a Notary Public,in and for the Counry and State aforesaid, residing therein duly commissioned and sworn,personally appeared...................................................... ............... .............._................................................................................_..... known to me to be the Artorncy-in-Fact of Pacific Employers Insurance Company, the Corporacion c that executed the within instrument and also known to me to be the person who executed the within n ^T 1 instrument on behalf of the Corporation therein named and acknowledged to me chat such Corpora- F 7n cion executed the same. � .. ............................._. Notary Public in and the State of California,County G._..... PES 124 blid f ...ft•:�F-.'a_..Z�.�s+aG..�c�c, • Finance Building Contra Costa County Bidder DIVISION E. PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL THE eighteenth day of December, 1973 at 11:00 a.m. , in The Chamber of the Board of Supervisors, Room 107, Adminis- tration Building, Martinez, California. ' IF ILED (A) TO THE HONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 0 E C A 61973 Gentlemen: I R. OtssON CLERK WARD OF SUPERVISORS CONTRA COSTA CO. The undersigned hereby proposes and afire all required labor, material, transportation, and services for <<-C ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING, MARTINEZ, CALI- FORNIA, 9+553 in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, Roca 103, County Administration Building, Martinez, California for the following sums; namely: BASE BID: • Shall include all of the work for the construction and completion of all facilities therein, but not including any of the work in the follcwing Alternates: For the sum of: Dollars ($ G Alternates: State the amount to be added to the Base Bid amount for each of the following alternates as shown on the Drawings and/or specified under Section 1B ALTERNATES. ALTERNATE 1 - Accordion Partition and Changes to Ductwork and Lighting in Rooms No. 201 and No. 202 Add. the sum o A , Q - C t Dollars ($ / t ALTERNATE 2 - Repainting of Office Cubicles_ � t Add th sum of Dollars ($ ALTERNATE 3 - Modifications to Existing Unit Heaters and Windows • Add the sum f 2L! Dollars ($ U 7 C � Q -14- DIVISION E. PROPOSAL (Bid Form) (con't.) UNIT PRICES: (To be complete in place including all Labor and Materials, t equipment, profit, and overhead) 1. For adding to or deducting from the contract on a unit price basis, installation of telephone floor outletssupplied by the County, the sum of: 4.i. C�`"L u.��s �J►C -LI4 !Z �;,,c Dollars ($ �J!21 C C ) 2. For adding to or deducting from the contract on a unit price basis, installation of electrical floor outletssupplied by the Couurity, the sum of: Dollars 3. For adding to or deducting from the contract on a unit price basis, removal of telephone floor outlets, including plugging and refinishing ] of floors, the sum of:�- t� Dollars ($ 4`f 4. For adding to or deducting from the contract on a unit price basis, removal of electrical floor outlets, including plugging and refinishing of floor, the sum of: �) Dollars ($ 'iW-*t- Ll 0 ) 5. For adding to or deducting from the contract on a unit price basis, for plugging existin-a abandoned outlet holes with Fix-All, or equal, and repairing floor to match existing. 46i:zt. 4 Dollars ($ �' - ) (B) It is understood that this bid is based upon completion of the work within ninety (90) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract ! within the stipulated time, then, he shall be liable to the County of Contra Costa in the amount of One Hundred Dollars ($100.00) per calendar day for each day said work remains incompleted beyond the time for com- pletion, as and for liquidated damages and not as a penalty, it being agreed and expressly stipulated that it would be impractical and diffi- cult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. (E) The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. f -15- DIVISION F. ARTICLES OF AGREES (Contract) CONTRACT (Construction Agreement) (Contra Costa County Standard Form) 1. VA MBLES. These variables are incorporated below by reference. (if2,3) Parties: [Public Agency) - (Contractor) (12) Effective Date., (See 14 for starting date.) (13) The Work: 04) Completion Time'* . (strike out (a) or (b) "calendar" or "working") (a) Ey (date) (b) within *Calendar/working days from starting data. (15) Liquidated Damages: S per calendar day. (16) Public Agency's Agent: (0) Contract Price: $ (for unit price contracts: more or less, in accordance with finished quantities at unit bid prices.) (Strike out parenthetical material if inapplicable.) ' y 2. SIGNATURES 6 ACKNOWLEDGMENT. Public Agenov, By: (President or Chairman) , (Secretary) Contractor, hereby also acknowledginR awareness of and compliance with Labor Code (1861 concerning workmen's Compensation Law. Ey. (Designate official capacity in the business) Rote to Contractor: (1) Execute acknowledgment form below, and 12) if a oorpora- tion, attach a certified copy of the bylaws, or of the resolution, of the Beard of Director# authorizing execution of thio contract and of the bonds required Lerebu. ------------------------------------------------------------------------------------------ State of California ) s■ ACK.NOWLEDGMENT (by Corporation, County of ) Partnership, or Individual) The person(&) signing above for Contractor, known to me in individual and business capacity as stated, personally appeared before ce today and acknowledged that he/thea executed it and that the corporation or partnership named above executed it. Dated: .,._ (SEAL) Notary Public ---------------------------------------------------------------------------r-------------- FORM APPROVED: J. B. CLAUSEN. County Counsel, Pc _,Deputy (Page 1 of 4) -I8a- (CC-1; Rev. 4-72) The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, along i:ith the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGU[AR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes ( ) No ( ) 2. If the answer to No. I is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( g ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( )< ) 5. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. I2/72 -18- GREAT AMERICAN INSURANCE COMPANY NEW YORK. N.Y. BOND NO. 5586253 KNOW ALL MEN BY THESE PRESENTS, that we,BUILT—RIGHT CONSTRUCTION CO. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of New York, having its Administrative Office at 6310 San Vicente Boulevard, Los Angeles, California 90043, as surety, are held and firmly bound unto, COUNTY OF CONTRA COSTA as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID— — — DOLLARS (S ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 18th day of December 1973 WHEREAS, the said principal is herewith submitting proposal for ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING, MARTINEZ, CA 94553 NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within ( ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the dif- ference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; but in no event shall the liability hereunder exceed the penal sum hereof. BUILT— IGHT CONSTRUCTION CO. . By: Principal GREAT MERICAN 1NSUR CE COMPANY C � � By George nster — Attorney-in-Fact F.9116H-5-71 (BSD FORM) STATE OF CALIFORNIA ss, County of. Alameda On this 181 day of December in the year jg73 , before me. Reypr'l y J. Y1hompson a Notary Public in and for said state, personally appeared GORGE FINSTFR , known to me to be the person whose name is subscribed to the within instrument as the attorney-in-Fact of the Great American Insurance Company, and acknowledged to me that he subscribed the name of the Great Amer* In- surance Company, there_, h�� oua aa��zs ktrorner-in-Fact. CFFiCAL SEAL I r '- BEVERLY J. THOMPSON ;r � :. otar Pub is i A al tate ' FC NIA y � f PZI�r!•^,nt CFFIC€ IN j ` AtAv'E�A CCUNTY :ission expires ' , 1974 -66(CALIFORNIA ACKNOWLEDGEMENT FORM) DIVISION E. PROPOSAL (Bid Form) Con't. LIST OF SUBCONTRACTORS: (As required by SECTION 12 - "SUBCONTRACTORS t0 BE LISTED IN BID - SUBSTITUTION OF SUBCONTRACTORS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of Business i, � P a i n t i n r. A .t.,�► -'�...e.,:-+� /`--�-r�.....--=� Flectric,LI i1iont orinG i Siusptended Ce I i n 9 s rc)ldin; Docr �. • .tr�J_ : Hoa tinb %Ter tilatinU �y ;�y,,,� t Rev. 12/72 -17- S Finance Building Contra Costa County • • Biduer DIVISION E. PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL THE eighteenth day of December, 1973 at 11:00 a.m. , in The Chamber of the Board of Supervisors, Ro tration Building, Martinez, California. rFr1L E D (A) TO THE HONORABLE BOARD OF SUPERVISORS DEC 2 6 1973 OF CONTRA COSTA COUNTY J. R. OLSSON Gentlemen: CLERK BOARD Of SUPERVISORS CONTRA COSTA CO. ........... ........... The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING, MARTINEZ, CALI- FORNIA, 94553 in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, Rccm 103, County Administration Building, t;artinez, California for the following sums; namely: BASE BID: Shall include all of the work for the construction and completion of all facilities therein, but not including any of the work in the follcw -ig Alternates: 6-7 �Z 3 1/r For the sum of: cx r.-c-tvr�,t km5-Dollars ($ Alternates: State the amount to be added to the Base Bid amount for each of the following alternates as shown on the Drawings and/or specified under Section 1B ALTERNATES. ALTERNATE 1 - Accordion Partition and Changes to Ductwork and Lighting in Rooms No. 201 and No. 202 Add the sums of tai r �C=1��r- �t✓�,',�crL' n^llars ($ f7 C ALTERNATE 2 - Repainting of Office Cubicles Add the sum of dollars ($ ALTERNATE 3 - Modifications to Existing Unit Heaters and Windows Add the stun of ---Dollars ($ ALTERNATE 4 - Paint Ceilings of Areas 201 through 221, inclusive, also Areas 301 and 302 Add the sum of �> -14- • DIVISION E. PROPOSAL (Bid Form) Cont. LIST OF SUBCONTRACTORS: (As required by SECTION 12 - "SUBCONTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUBCONTRACTORS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of Business Paintin1 T- E.ectricaI :k' ¢`;s,,a._ •_a. 'iE?S ient l4 oring i f Susp<-nded C�AIings 1-4 Folding Door iI��tting L %leT,tilating r Rev. 12/72 -17- i f • i r f s DIVISION E. PROPOSAL (Bid Form) Con't. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or ar� other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. O Cash 13 Bidders Bond j•7 Cashiers Check ❑Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Nov.Addendum � ) dated 20, 1973 Addendum tl ? dated Dec. 11 . 1973 Addendum dated i Built-Right Construction Co. f' By—:� 47.,1 Pleasant I�i11 Rd. East r :Martinez , Calirornia 94553 Address . 228-6900 Phone Licensed in accordance with aril act providing for thg,.rlgc33 s dation of Con- tractors. Classification and License No. 1 �� Dated this 13th day of Decrmber 19 73 Rev. 12/72 -16- Finance Building ' Contra Costa County . Mnacep rn"Crr'1nt4Qa CO. Bidd6r DIVISION E. PROPOSAL (Bid Fora) BIDS 14ILL BE RECEIVED UN'T'IL THE eighteenth day of December, 1973 at 11:00 a.m. , in The Chamber of the Board of Supervisors, Ro I tration Building, Martinez, California. F - 1 L E D (A) TO THE HONORABLE BOARD OF SUPERVISORS DEC 2 6 1973 OF CONTRA COSTA COUNTY J. R. OLSSON Gentlemen' CLERK SOARO OF SUPERVISORS CONTRA COSTA CO. ....... ... ........... . The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING, MARTINEZ, CALI- FORNIA, 9+553 in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors. Room 103, County Administration Building, r,artinez, California for the following sums; namely: BASE BID: Shall include all of the work for the construction and completion of all facilities therein, but not including any of the work in the follow Alternates: &-7 713 For the sum of: cx, \/ _ Jf x r/ �i_-:!C N T.i'�.'>.?.� t=om uQ.N✓ti+c�4�-.n_ r-�•�•`r- ,+c Q DO11arS (s Alternates: State the amount to be added to the Base Bid amount for each of the following alternates as shown on the Drawings and/or specified under Section 1B ALTERNATES. ALTERNATE 1 - Accordion Partition and Changes to Ductwork and Lighting in Rooms No. 201 and No. 202 Add the sum of -i•! --liars ($ 116 - ALTERNATE 2 - Repainting of Office Cubicles Add the sum of V -f4 t4Ur-h);,'C-n �. Pollars ($ L L©C � ALTERNATE 3 - Modifications to Existing Unit Heaters and Windows Add the sum of liars ($ cCl��30 ALTERNATE 4 - Paint Ceilings of Areas 201 through 221, inclusive, also Areas 301 and 302 Add the sum of d� rrry -Gvr t4,, ---- --Dollars -14- DIVISION E. PROPOSAL (Bid Form) (con't.) UNIT PRICES: (To be complete in place including all Labor and Materials, equipment, profit, and overhead) l 1. For addin to or deducting from the contract on a unit rice g P basis, installation oftelephone floor outlets supplied by the County, the sum,of: I citi^ alt' , A rrv� �-1 �� Dollars 2. For adding to or deducting from the contract on a unit price basis, installation of electrical floor outlets supplied by the County, the sum of: -Jam L' 1-Y -1i,'i,L'e Dollars 3. For adding to or deducting from the contract on a unit price T _ basis, removal of telephone floor outlets, including plugging and refinishing of floors, the sum of: Dollars ($ 9 ) 4. For adding to or deducting from the contract on a unit price basis, removal of electrical floor outlets, including plugging and refinishing of floor, the sum of: Dollars 5. For adding to or deducting from the contract on a unit price basis, for plugging existing abandoned outlet holes with Fix-All, or equal, and' repairing floor to match existing. (�l.'��%�}' =G✓.� Dollars ($ ) (B) It is understood that this bid is based upon completion of the work within ninety (90) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then, he shall be liable to the County of Contra Costa in the amount of One Hundred Dollars ($100.00) per calendar day for each day said work remains incompleted beyond the time for com- pletion, as and for liquidated damages and not as a penalty, it being s agreed and expressly stipulated that it would be impractical and diffi- cult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is ' familiar with the Plans, Specifications and other contract documents f and the local conditions at the place where the work is to be done. (E) The undersigned has checked carefully all of the above figures and i understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making } up this bid. i -15- • DIVISION E. PROPOSAL (Bid Form) Con't. LIST OF SUBCONTRACTORS.• (As required by SECTION 12 - "SUBCONTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUBCONTRACTORS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of Business Ems= f � � �✓�.� A .O �•?S l'QL Rev. 12/72 -17- • DIVISION E. PROPOSAL (Bid Form) Cont. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. ❑ Cash (9 Bidders Bond ❑Cashiers Check ❑Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Addendum # 1 dated Nov. 28, 1973 Addendum # 2 dated Dec. 11, 1973 Addendum 0 dated Madsen C s r tion Co. Z"'�By Ngrman Ben- Owner P GL $ear 598 _ Nap n, Calif_ 94558 Address Phone 707/255-0106 Licensed in accordance with an act providing for the registration of Con- tractors. Classification and License No, 213044 B1,SA, SC8 Dated this 18 day of December Rev. 12/72 -16- The following questionnaire shall constitute an inclusion to tha bid documents and shall be completed and attached to the Bid (Proposal) Form, aiong %:ith the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGULAR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yom ( ) No ( X ) 2. If the answer to No. I is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( X ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( g ) 5. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) c Rev. 12/72 -18- • DIVISION F. ARTICLES OF AGREEMM (Contract) CONTRACT (Construction Agreement) (Contra Costa County Standard Form) 1. VARIABLES. These variables ate incorporated below by reference. (i12,3) Parties: [Public Agency) (Contractor) (12) Effective Date: (See 14 for starting date.) M) The Fork: (14) Completion Time: • (strike out (a) or (b) "calendar" or "working") (a) By [date] (b) Within •calendar/working days from starting date. (15) Liquidated Damages: $ per calendar day. (16) . Public Agency's Agent: (17) Contract Price: $ (for-unit price contracts: more or less, in accordance with finished Quantities at unit. bid prices.) (Strike out parenthetical material if inapplicable.) 2. SIGNATURES I ACXROWLEDCHEyT. , Public Agency, By: (President or Chairman) ' (Secretary) Contractor, hereby also acknowledging awareness of and compliance with Labor Code 11861 concerning Workmen's Compensation Law. By: (Designate official capacity in the business) Rote to Contractor: 111 Execute acknowledgment farm below; and 121 if a corpora- tion, attach a certified copy of the bylaws, or of the resolution of the Boari of Directors authorizing execution of thio oontract and of the bonds required ):erebp. ------------------------------------------------------------------------------------------ State of California ) ACX.40WLEDCN.EN7 (by Corporation, County of ) as. Partnership. or Individual) The person(s) signing above for Contractor, known to me in Individual and business capacity as stated, personally appeared before me today and acknowledged that he/they executed It and that the corporation or partnership named above executed it. Dated: (SEAL) _ Notary Public ___.•____-____••---------------------------------------------------------------------------- FORM APYROVED: J. B. CLAUSEN. Caunry Counsel. Py __Deputy (page 1 of 4) -18a- (CC-1; Rev. 4-72) : — - .tit. ,.:. .e:: L .:. `�• • FtpilliY a�O € UNITED STATES FIDELITY pt,-b�aGUARANTY COMPANY I (A'Stock amAhy) I � i BID BOND ='! ! : BOND NUMBER ........................................................................................ `= KNOW ALL MEN BY THESE PRESENTS: THAT .................................Noon..B.'...Madsen DBA:.Madsen_Construction Can .P�.....Y.......................................... ............ of M...........I`?aPa c...CdlifOrnia........................................................ ......................... as Principal , and UNITED STATES FIDELITY AND The County of Contra Costa ` GUARANTY COMPANY, a Maryland corporation,as Surety, are held and firmly bound unto.......................................................................................... ................................................................................................................................................................................................................................................. Ten Per Cent (10%) of Amount Bid as Obligee, in the full and just sum of................................................................................... .................................................................................................................................................................................................................................. Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. c i WHEREAS, the said Principal is herewith submitting its proposal Alterations to Contra Costa County Finance Building THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will,within the ==i' time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of ., the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between t the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, in no event shall the Surety's liability exceed the penal sum hereof. December 18 1973 ; .^ Signed, sealed and delivered....................................._L................. .•.:. (Date) Norman B. Madsen DBA- Madsen Cons tru �on Ca1>�xnY....tsEAu ......................................................... ....... ............... ..............(SUL) 1IoUNITE'D S T FIDELITY AND GUARANTY COMPANY ,. .� .! . :� ................................................ HN1.W. CRA( Attorney-in-fact Contract 1 1 (Revised) (7-66) ___ CONTRACT Special Engineering-Administrative Services Construction Supervision & Inspection 1. Variables. These variables are incorporated below by reference : a. Inspector's Name & Address : J. M. Nelson 1905 Pacheco Boulevard, Martinez, California b. Effective Date: December 18, 1973 c. Project 's :Fame, Location, & Public Entity: Remodeling of Portions of First and Second Floors, Finance Building, Martinez, CA. d. Rate of Compensation: $10.36/hour 2. Signatures. These signatures attest the parties ' agreement hereto. COUNT OF C 0 N INSPETO By ��� Chaff of Supe ry ors ATTEST: , Co. Clerk and ex officio Clerk of Board By ! c�L` / `�lGi%�c, Deputy 1 Recomrsien Xd for Approv alk 0 tz Victor W. Sauer, Rd. Co u veyor (Public Works Director) t J. P.Dfrien, Co. Administrator Form ApprRved: �10 hn B. Clausen unty Counsel By 3. Parties. Effective on the above date, Contra Costa County (County- Owner and the above-named Inspector mutually agree and promise as follows : . 4 : General Qualifications & Conditions . County hereby contracts with Inspector, as one specially trained, experienced, and competent there- in, to perform the engineering and administrative services of a con- struction supervisor and inspector., including those associated with the continuous construction supervision position commonly known as Clerk-of-the-Works, in connection with the above construction project, which services are necessarily incident to the services performed for the County by architects and engineers in the design and construction supervision of construction projects. This agreement does not pre- clude other employment of the Inspector if it does not interfere with the duties and hours of work required herein. 5 . Term. The duration of this contract is the duration of the said construction project, but either party may terminate it by giving 30 days advance written notice to the other. 6. General Duties & Instructions . The Inspector's construction supervision and inspection services include the following general duties and instructions : a. Status & Relationship with County & Architect. His independent contractor relationship with the County parallels that which exists between the County and the Architect; but he is subordinate to the -1- • • Architect, because the Architect is responsible for the design of the project and for general supervision of its construction, pur- suant to the County-Architect agreement. b . Status & Relationship with Contractor. He shall maintain a dignified but understanding relationship with the workmen on the job ; but he shall conduct business only through the contractor's job superintendent, and shall not assume the Contractor's duties : and he shall not Five instructions directly to the Contractor's employee(s) or subcontractor(s) ; and he shall immediately advise the Architect of any case where County representatives give instructions to the Contractor' s employees . C. County-Contractor Coordination. He shall effectively main- tain close coordination of Contractor's work and owner rea_uirements by frequent, regular conferences or other suitable means, especially where projects involve alterations or modifications of or additions to an existing functioning facility, which must be maintained as an operating unit during conduct of construction work, and therefore reauire special alertness to ,job conditions which may affect such continuing operations . He shall coordinate necessary interruptions of normal County activities with the County and General Contractor beforehand. d. Familiarity with Contract. He shall become thoroughly familiar with all contract documents including specifications , draw- ings and addenda; and he shall supervise and check the adequacy and accuracy of required ;'as built" drawings prepared by the Contractor's employees (see also 7-a, below) . e. Personal Presence & Observation. He shall be personally present whenever work is being performed (even on overtime, night, holiday or weekend basis when so directed) , and shall attend meetings called by the County, Contractor or Architect ; and he shall make direct personal observations of work being performed by the General Contractor and subcontractors) for certification to County-Owner that such work is being performed in a skillful manner and in accordance with the requirements of the contract documents. f. Advice & Su&&estions . He shall advise County on all con- struction matters , such as suggesting change orders or reviewing construction schedules; he shall evaluate suggestions or modifications which have been made to accommodate on-the-job problems , and report them with recommendations to the Architect ; and he shall review and make recommendations to the Contractor on all pay estimates . 7. Special Duties & Instructions . The Inspector's duties specially concerning tthe Pro.gress of the work include the following: a. General Records & Files . He shall maintain a file of, and be aware of the contents of, the local, State, Federal, NFBU, NFPA, etc. , codes , regulations , directives, requirements, etc. , which are pertinent to this project, and are provided by the County; and he shall maintain a complete file of all drawings, specifications , con- tracts, change orders, directives, etc. , which determine work to be done by the Contractor (see also 6-d, above) . b. Diary & Reports. He shall maintain a bound daily diary, noting therein ,job problems , conferences and remarks : and he shall submit all reports deemed necessary by State and Federal agencies, Architect and County, which shall be timely and in sufficient detail to satisfy the purpose of the report. c. Material Records . he shall maintain records of materials and/or equipment delivered at the site, showing manufacturers ' names , catalog, model serial number, style, type or other identifying infor- mation thereon, and noting whether they are in strict compliance with the plans , shop drawings and/or specifications, or are approved by the Architect . He shall certify to County that all materials used in construction are as specified in contract documents ; and, on com- pletion and/or installation of each applicable item, he shall collect -2- and assemble relevant information (including guarantees, certificates, maintenance manuals, operating instructions , keying schedules, cata- log numbers , vendors ' addresses and telephone contacts, etc . , of materials and/or equipment as required) ; and at the completion of the project, he shall deliver this information to the Architect for delivery to the County. 8. Pay for_Services, & Reimbursement for Expenses . a. County shall pay Inspector for these services, at the above rate, for semi-monthly pay periods of the 1st through the 15th and the 16th through the last day of the month. Payment will be made on the 10th of the month or on the 25th of the month following the pay period if a demand billing is received by the County Public Works Department on the last County working day of the period. b . Mileage authorized by the Road Commissioner-Surveyor (Public Works Director) or his deputy shall be reimbursed at a rate to be mutually agreed upon from time to time reflecting actual and changing costs . 9. Insurance Requirements. Before performing any work under this Contract, Inspector shall at his own expense furnish County with certificates or other acceptable evidence of his coverage by Public Liability Insurance , for all his acts in performing the duties required by this Contract , in amounts of at least $2501000 for all damages arising out of bodily injuries or death to any one person and $500,000 for two or more persons in one accident or occurrence, and Property Damage Liability Insurance of at least $50,000, both of which shall name the Inspector and the County as insureds. 10. Enforcement and Interpretation of Contract . The County's agent for enforcing and Interpreting thIs Contract shall be the County's Road Commissioner-Surveyor (Public Works Director) or a deputy. 11. Adjustment of Compensation. The rate of compensation may be adjusted by mutual consent of the parties involved for good cause shown. GWM:me CC-61:200:7/71 08b rev. 7-71) -3- TALLY SHEET December 18, 1973 FINANCE BUII.DINC REMODEL Engineer's Estimate: $58,500 B.24aintenance #1549 BIDDER Base Bid Alt. #1 Alt. #2 Alt. 6'3 Alt. A TOTAL L. J. Delchini Martinez _. Built-Right Const Martinez Alhambra Electric ♦ ,#, _ _ Kart inez S Sal Cola Construction Martinez 4 �� f Madsen Construction Napa . Malpass Construction 4 _ Pleasant Hill � t Carlen Associates Danville f ; ►�M & H Construction Richmond : . Bruce Nickel kk !e Sacramento 3. - 0 STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA AFFIDAVIT OF PUBLICATION ' RECEIVED r F1 L & D OEC 17 1913 mfticET0',CONTRACTOR x��Nottat:hereby gtvet�by order of r. It STATE OF CALIFORNIA J. R. OL%ON c�osaooauciddourity�t�t t d CLERK BOARD OF SUK2V:S025 , Dated` vember2fl, County of Contra Costa RA COSTA CO. nhfrt otsa114J nntatertil>, �a SUrt iem x e 0. t ip Wit,h'a- at *r T #Publi fr Novem 30'3 42�� vices aorAt:•t:RAT.tONSr70' NNN _.. I, . . . . . Ci �. .I1•. �HV?4U . . . . . . . . . . . . . . being duly 1"tONYRA .CESTA"•"-COU TY,. F!N N,CE•,:8- 1101, G,:(r. sworn, deposes and says. that at all times herein named ' T!N I N1A91553 he was and now is a citizen of the United States of '._-Min Me,_. tlslrtitlEtion con- trac£ 1d}p 00 America, over the age of '? l years, and a resident of E 'In nee; said County of Contra Costa. '['flat he is not. nor ' with k"' fte ;Dt�a�ringsand • � SpetN�lcasonfflr,�tiheOf[faeof was he, at any of the times hereinafter named, a the'ChirOf�thtt8oardoff5t7per party to the above entitled proceedings, or interested 'visoFs;,Room , p3, County Ad-s mintstration Buipipg, Mar}tinez,'; therein. and that all of said time he was GalNnrrtls. ! �. �g Tfte drabrings end speeifi"atton; LAF i>TE fnay'tji fsatnti(t i al tp-.bffkii-off i. and now is the GENERAL MA`AGER of the x the Clerk of.the..tsoard cf Super, SUN, a newspaper printed, published and circulated in Olsors`:or 6r, o said Contra Costa County. and as such MANAGER he had charge of all advertisements in said newspaper. ► y= dminjitra to i LAFATEIT` -E g Hip- merit-of a That the said SIJN is a news[paI Ter of eneral f�:tt Wiitirff3"tii�' circulation in the said County of Contra Costa, published . on b for the dissemination of local and telegraphic news and intelligence of a general character, haying a bona fide Pa m n-tratton:Bulldl subscription list of paying subscribers and which has atttiftftntbaa pYtiffsiibys - been established. printed and published in said county y'tiffedcashibr'scfiedcorchecks,sx bid:b�od the' n)wnt of ten for more than two .ears last past, and which is not devol pdit(jg96ttbasebldemou , ed to the interests or published for the entertainment of a �p�d Y theorder.of'tTje I t'�9ifaatCosta'�artdshallf r particular class. profession, trade, calling, race or denom- p��• f kodtifidrriththeClark f ination, or anv number thereof. :ttl$1 Of of Silpervfsors `" $ e 9i p•, i s"I De WhiiiiHed �#D mbet) 1q�at; That the le-al . . . . . L-962. . . . . . . . . . . . . . . . . . . . t� oo`i f,`t ►d;*I be:opeffed iQ r publjt'at ylme due In,the Board of which the annexed is a printed copy, was printed and of"S" ii':`Chambers; Room iq {n tlg"n.Bvt Ing,rMar `. published in the regular and entire issue of every number linetif£ontrCbsfatountYCalitor of said paper during the period and times of publication 111W_ id tlfeea feed ah :r -� aatRed btd�ecurl ' ik�i1t t s e�iNiranfee for . . . , .'�`?jQ• ,���. . . . . . . . . . . . . . . . consecutive weeks, tbirlderrii enterlritaaCon bact;if: work,and will. be forret b o the bidder and' to wit: from the . .30T4NOV. d _ 3 retathe=t�ta�Ca -1f the . . day of. . . . . . . • . 1 )7. . . vflccassfu derrefu neglects, or faiis'to enter into said Contract br ttuftilfecessfie$ to and until the . . . 7TH da . of. . . •DEC. 19 i 3 he'tbon�yy. atter ", 4i tod byfcon lfe ; both da.s included. and as often during said period as �� '' k4 'j, said paper was published, to wit: rAuir urE�l ,a vapor a 4 NOVEy1BIE2 30 1973 �tM.tKi na f amount e4� atiNy4pp��,,�cerif.15p96I ofahe Cot, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;�taeN'prhTd'`and:a Faithful Part -,i squat fo .; �CE�•iBER 7 x.973 untt4100�6)dotfhe ! . . . . . . . . . . . . . . . . pr said bonds-to$be ' �ecu�dlront* %3uretY Gpat<Y" busInest,a�j s y notiflldr hat. Sgfu of th"fife . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,�orz toclyldt3�ir he€xatd;e�rooiarrd•. �. 'ra r ages a fot#legal hoff: and owok= the,l it -Irf� That . aid It wa. ►ublis I in the newspaper swork- , obe;pe7Wrtned +ty�e�of wogkfnan or. prope . t s 4L t red to exteiite.the t oftt�ctawhl its be ayjerded to;, Affiantf11e`�sti[n:CCU_ ub• bidder. The`: • • • • . • �_ prewlllrateoiperdtemwages"is >bn f ifs with the Cfork of,,the Board of Su scribed and sworn to before me this 3upeivisorsy Thii sald•Bardr our yes the rfght 10 TI DE CEABE R 3 tore ectaf>}randelt b4any�por d _ tion oftariy�hW?and/orwalve`anY d 01 . . 1 ) irregufarittiin bid at�€Na �1 . ,:bidder e►ef,'Itttdraw �}tdjor a u�— .�. . . . . . . . . , Period of thirty t3t1} aftef the i date fetafor otpentng-tl 0W;?1* ; BY ORDER OF THE; Notary ul t •tial or Fri f( ►yn)Vf Contra ossa, BOARDOF'SUPERVISORS OF CONTRA COSTA COUNTY State of Cali,[d► '.,r << '^t. �,jF. " u j NI(T Pbsfeh r :4; L. LAGD �s '� ,AT i Ckllrltnd V Ex.Offfclb GlerTd of +. i i PU3LIC-CZ1F0�NIA ° �nb is t^ B40 os,Supervt rs, _ C i fl,a COSTA COUNTY § � ,: Cotllra Costa County,", io:FxpiresAur.13.1977 • o • December 11, 1973 ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING Martinez, California FILED ADDENDUM 'No. 2 c� The following changes shall be made part of the Contract Document ; { CLERK BOARD OF SUPERvISOR5 CONT A OS�TT OIfNTV Item 1. DRAWINGS Sheets 1 and 2. TACKBOAP.DS BLljlnecuy ' a.) Remove all tackboards on walls in areas where refurbishing work is indicated. Metal-framed, vinyl-covered and plywood-' backed cork tackboards shall be stored on site for relocating on walls as directed by Owner. * Owner will remove from site those boards not used. Cork cemented to wall surface shall be removed completely. All wall surfaces damaged removing existing tackboards, including filling holes in walls, shall be repaired and left in suitable condition, as determined by the Owner, to receive a paint finish. Item 2. DRA14INGS Sheet 2, Area 220. GLASS r a.) Remove existing obscure glass in two Hauserman metal walls, f including doors, and replace with new clear glass: 3/16" crystal. 4 Re-use existing metal stops. } Item 3. DRAWINGS Sheet 3. GLASS FROSTING t a.) The lower one-half of the clear glass in the two existing metal walls along the inside edge of the second floor Mezzanine comprising 13 panels shall receive an application on the inside surface of "Modern Lux Glass Frosting No. 227" (L & H Paint i€ Products of San Francisco) in accord with the instructions of the manufacturer. 3 Item 4. DRAWINGS Sheet 2, Area 302. GLASS } a.) Provide 3/16" crystal clear glass in lieu of existing glass in the two relocated partitions as described on Mezzanine `• Floor Plan. Item 5. DRAWINGS, Sheet 2, 2nd Floor. GENERAL a.) Contractor's attention is directedi to the existing ceiling conditions. It should be noted ttnat two ceilings are now in place approximately 16" apart. The original upper ceiling is metal-framed lath and plaster amd the lower snap-in metal-pan type is suspended from the upper ceiling. Owner will provide for inspection of ceilings upon request by Bidder. Item 6. DRAWINGS, Sheet 2. WALL OP7 'TNG a.) Side and head jambs a- new opening between Areas 218 and 221 shall include a self-edge surround with metal corner reinforcement on the oxterior corners on both sides of the wall. Contractor's Option: Plaster and metal lath or gypsum board, ' -1- ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING December 11, 1973 ADDENDUM No. 2 (con't.) b.) Lintel over opening with necessary supporting posts shall comply with Code requirements. Contractor has option to use metal studding or fire-treated wood for framing. Item 7. DRAWINGS, Sheet 2. CLOSURE OF OPENINGS a.) Six wall openings on Mezzanine of second floor, at upper part of second floor windows, shall be closed as follows: 1.) Existing metal grille shall remain in place 2.) Provide backing and studs at 16" o.c. to support 5/8" gypsum board located to finish out flush with existing wall surface. Contractor may use fire treated wood or metal studs at his option. 3.) Finish surface to be ready to accept paint. 4.) Provide rubber base to match existing along entire wall where closures occur. Item 8. DRAWINGS, Sheet 3. FLOORING a.) Delete carpet on floor in Mezzanine areas 301 and 302. b.) Repair and patch existing resilient flooring in accord with Section 9-C of the Specifications in these areas. Item 9. DRAVINGS, Sheet 1 PARTITIONS a.) Include Drawing Na. AD-1 titled "Revisions to Partitions @ 102 and 103" in the contract. Item 10. DRAWINGS, Sheet 2. PARTITIONS a.) Excess metal and glass partition components of newly located partitions remain the property of Owner and will be removed by Owner. Item 11. DRAWINGS, Sheet 1 and Door Schedule, Sheet 3. DOORS a.) Change Doors 1 & 2 to be solid core slab doors in lieu of that shown. Item 12. DRAWINGS, Sheets 1 and 2. DOORS a.) Install existing doors on their in-place hinges which were previously removed by others to facilitate furniture moving operations of previous occupancy. Item 13. DRAWINGS, Sheet 2. PAINTING a.) Include preparation and painting of all walls and appurtenances of Existing Corridor Area 216 in accord with Section 9-E of the Specifications. -2- December 11, 1973 ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING (con't.) ADDENDUM No. 2 (con't.) r Item 14. SPECIFICATIONS - DIVISION 1 - SECTION 1-B ALTERNATES a.) DIVISION 9 - SECTION 9E PAINTING (Item 10a of Addendum No. 1) DELETE entire Item 10 from Addendum No. l.. b.) ADD: (4) Alternate No. 4 - Paint Ceilings of Areas 201 through 221, inclusive, excluding areas 213, 214, 215 and 217 (but including 216) . also Areas 301 and 302. Paint existing ceilings in designated rooms in accord with Section 9-E of the Specifications. Item 15. SPECIFICATIONS DIVISION 16 -SECTION 16A - ELECTRICAL WGIM --a.) Heading 17 - Telephone Cable Raceways. ADD the following: Home runs, pertaining to telephone cable, shall mean as required: to connect to the existing telephone boards or panels om the same floor. If additional vertical raceways to the attic are required, they will be installed by others or by Change Orders. Item 16. SPECIFICATIONS DIVISION 1 - SECTION 1-B ALTERNATES a.) Heading 3, Paragraph b, (3) (Item-3b of Addendum No. 1) CHANGE the word "vertical" in first sentence to "horizontal". b.) Heading 3 - ALTERNATE No. 3 In first sentence ADD "Areas 104 and 105" after "Area 101". Also in the NOTE change the word "three" to "five" and again add "Areas 104 and 105" af=ter "Area 101". -3- November 28, 1973 ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING Martinez, California. ADDENDUM No. 1 The following changes shall be made part of the Contract Documents: Item 1. DIVISION G. GENERAL CONDITIONS a.) SECTION 5. Paragraph D. DELETE this entire paragraph Item 2. DIVISION I - SECTION LA- PROJECT GENERAL REQUIREMENTS a.) Heading 5. PROJECT OFFICE DELETE this entire section b.) Heading 6. PROJECT TELEPHONE i DELETE this entire section c.) Heading 8. ACTIVITIES ON PREMISES Paragraph b. DELETE entire paragraph Paragraph c. DELETE entire paragraph and replace with following: The Contractor shall accomplish the work in the following order to accommodate the occupants of the building. The areas will not be occupied during course of work except where noted otherwise. FIRST: Work in Areas 216, 218, 219, 220, and 221. SECOND: Work in Areas 201, 2021 203, 204, 205, 206, 207, f 208, 209, 210, 301, and 302. THIRD: All work in 2nd floor areas except 101, 102, and 103. t NOTE: Approximately eight County employees will remain. in this area during the course of work in this area. They will cooperate and submit to a reasonable amount of shifting and moving to accommodate the Contractor's work. ` FOURTH: Work in Areas 101, 102, and 103. FIFTH: Work in Areas 211 and 212. d.) Heading 9. DUST AND MUD CONTROL DELETE this entire section and replace with the following: Contractor shall maintain a clean, tidy and broom clean operation at all times. Special dust control and dust protection for Data Processing areas in basement will be 1 ADDENDUM No. 1 (con't.) Item 2. DIVISION 1 - SECTION lA - PROJECT GENERAL REQUIREMENTS (con't.) d.) Heading 9. DUST AND MUD CONTROL (con't.) required as necessary to insure that dust generated by Contractor does not contaminate the Data Processing equipment. Contractor will use suitable means of protection as necessary, such as positive barriers or vacuum equipment. It is anticipated that this protection will be necessary during electrical work through or beneath the first floor which is above the Data Processing area. Heading 12. PERMITS ADD following: All permits will be obtained by the County at no cost to the Contractor. Item 3. DIVISION 1 - SECTION 1B - ALTERNATES a.) Heading 31 Paragraph a, General DELETE last sentence and replace with following: The Owner may reject all Alternate Bids or Owner may accept some or all of them. b.) Heading 3, Paragraph b, (3) Insert word "vertical" before words "fresh air opening" and add the following: Contractor may use the sheet metal plates removed from windows for this purpose. Attach plates with pop-rivets of a suitable size. Covered openings shall present a finished appearance when completed. Item 4. DIVISION 6 - SECTION 6A - DEMOLITION a.) Heading 7, Paragraph a; PERMITS ADD following: Contractor will not be required to pay any .fees associated with obtaining permits. Item 5. DIVISION 6 - SECTION 6B-FINISH CARPENTRY, MILLWORK AND CUSTOM CABINETS a.) Heading 5. MATERIALS - a General: ADD Paragraph (4) as follows: ALL glazing and glazing strips for the low-wall partitions "Mills Mainliner" will be provided by the County at no cost to the Contractor. Item 6. DIVISION 9 - SECTION 9C - RESILIENT FLOORING a.) Heading 6. INSTALLATION b Topset Cove and Carpet Base: DELETE last sentence and replace with following: Base at carpeted areas shall be top set rubber base with coved bottom and shall be installed after carpet installation is completed. -2- • ADDENDUM No. 1 (con't.) Item 6. DIVISION 9 - SECTION 9C - RESILIENT FLOORING (con't.) b.) Heading 7. REPAIR OF FLOOR OUTLET PENETRATIONS ADD the following: a. All existing floor outlet penetrations (electrical and telephone) shall be capped or plugged and filled smooth to match existing surface with "FIX ALL", or equal. Blemished floor tiles at the floor penetrations shall be replaced with new tile. b. Base bid shall include allowance for removal, as necessary, and repair of forty-five (45) existing abandoned floor outlets. The actual number of existing abandoned floor outlets to be repaired will be determined during the course of the work and the contract price adjusted accordingly per the unit price (See Bid Proposal Page 15) . Item 7. DIVISION 9 - SECTION 9F - CARPETING a.) Heading 4. MATERIALS a CHANGE "CASCADE II" to read "CAPITOL MALL" DELETE items (1) through (9) and replace with following: (1) Pile Yarn: 100% Continuous Filament Cadon Nylon, Space Dyed (4 ply rated) (2) Face Weight: 28 oz. (3) Number Series: 34200 (4) Style: 1/8 (5) Stitches per Inch: 8 (6) Pile Height: .187 (7) Primary Back: Polypropylene (8) Secondary Back - Loktuft Latex: 30 oz. Secondary Back: 5.3 oz. (9) Total Weight: 68.6 oz. Item 8. DIVISION 15 - SECTION 15A - AIR CONDITIONING, HEATING AND VENTILATING a.) Heading 2. SCOPE a (3) DELETE reference to conduit. Conduit will be installed under Section 16A. b.) Heading 3. PERMITS AND FEES DELETE entire paragraph and replace with following: All permits will be obtained by the County at no cost to the Contractor. Item 9. DIVISION 16 - SECTION 16A - ELECTRICAL WORK a.) Heading 4. PERMITS AND FEES DELETE first two sentences and replace with following: All permits will be obtained by the County at no cost to the Contractor. s -3- ADDENDUM No. 1 (con's.) Item 9. DIVISION 16 - SECTION 16A - ELECTRICAL WORK (con't.) b.) Heading 15. Unit Price Work ADD the following: (1) Base Bid shall include allowance for the following quantities: a. Installation of all telephone floor outlets as shown on plans. b. Installation of all electrical floor outlets as shown on plans. c. Removal of forty (40) existing telephone floor outlets. d. Removal of fifty (50) existing electrical floor outlets. e. The actual extent of floor outlet work will be determined during the course of the work. The contract price will be adjusted in accordance with the unit price and actual deviations from the above quantities. (See Proposal Page 15) f. Contractor will not be required to supply electrical and telephone floor outlets. Those floor outlets removed will be re-installed and additional outlets, if required, will be provided by the County at no cost to the Contractor. c.) Heading 16. Minimum Conduit Sizes t ADD the following: 1.) Minimum electrical conduit shall be 3/4" diameter. 2.) Minimum telephone conduit shall be 1" diameter and all home runs shall be a minimum of 1k" diameter. f Item 10 DIVISION 9 - SECTION 9E -PAINTING ' a.) Omit painting of ceiling in Areas 201 through 221, inclusive, also Areas 301 and 302, f -4- f FOR ItZIEDIATE R*SE i Alfred M. Dias, Chairman Board of Supervisors 1 November 20, 1973 P R E S S R E L E A S E It was announced today by Supervisor Alfred M. Dias, Chair- man of the Board of Supervisors, that construction plans and specifi- cations for interior remodeling of portions of the first and second floors of the Finance Building were approved, and that bids for the project will be received by the Clerk of the Board of Supervisors until 11:00 a.m. on December 18, 1973. The plans and specifications for this project were prepared 1 by Armas Sootaru, Architect, of Martinez and his estimate of construction cost is $581500. Construction inspection and contract administration will be provided by the Public Works Department. It is expected that construction will be completed by early April 1974. 4 B.M. 1374 t i ' l r B O.a RD OF S U?ERVIS ORS _ A N ^ R A C 0 S ^3 A C Z Y ' P . 0. Bo- 911 -Martinez California: 945.5-3 November 20, 1973 Moraga Sun T:--box 590 L•af2yette, California 94549 Gentlemen: 62 Re: Purchase Orders n= 62 8 -B Enclosed etc are Notices to Contractors for maids re: - (1) Storm drain and frontage improvements, Oak Grove at. Ygnacio 'qp Rai _ x areas worm Order , -- - - (2) Finance Building remodel (portions of first and second floors), 90110ing Maintenance "Thick -Eye Irish you to publish oa November 30 and December 7, =1973 ._ Pleases sign tha enclosed ca:r3 and recur it to t1-!is off ice. _ I�ediatel Y upon the expiration of gublicatia=,,,. _ sen, us x.9A-a_Pid.a-,r3.t8 of publication that the Auditor r.3s• be authorized, to pay* you-- bil,7's. - Very t."''CI�� W. T. FAAAASCEE- By �e a M—Marshall a Dep:zty_C?erlc iZnC1031J_-e-3 Eo-3 -750 Form n17 _ r 4 ' . � , IZ,L08/6,6 NOTICE•, TO CONTRACTOR ' I(Yr s et*1 • Notice is hereby Given by order of the Board of Supervisors of Contra Costa County) that Clerk of said Board will receive bids for the furnishing of all labor, ' materials, equipmenL, transportation and services for ALIEERATIONS TO GoNTRA COSTA COUNTY.FINANCE BUILDING, tIARTINM, CALIFORNIA 9 The estimated construction contract cost (Base Bid) is $ 58,500.00 ' Each bid is to be in accordance with the Drawings and Specifications on file at the Office of the Clerk of the Board of Supervisors, Room 103, County Administration Building, .Mlrtinez, California. " The drawings and specifications may be examined at the office of the Clerk of the Board of Supervisors or at the Public Works Department, 6th Floor, County Administration Building.' Plans •and Specifications may be purchased at the Public Works Department, 6th Floor, County Administration Building, upon payment of Three and 17/100 Dollars (53.17) per set. (Includes 5�% sales tax.) Each bid shall be made on a bid form to be obtained at the Public Works Department, 6th Floor, County Administration Building, and must be accompanied by a certified cashier's check or checks, or bid bond in the amount of ten per cent .(10%) of the base bid amount, made payable to the order of "The County of Contra Costa" and shall be sealed and filed with the Clerk of the Board of Supervisors. Bid proposals shall be submitted on or before . December 18, 1973 at 11:00 a-.m. and will be opened in public at the time due in the Board of Supervisors' Chambers, Room 107, Administration Building, Martinez' Contra Costa County, California, •ad there read and recorded. The above-mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be forfeited by the g bidder and retained by the County if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County. ; The successful bidder will be required to furnish a labor and Material Bond in an amount equal to fifty per cent (50%) of the Contract price and a Faithful Per- formance Bond in an amount equal to one hundred per cent (100%) of the Contract price; said bonds to be secured from a Surety Company authorized to do business in the State of California. t Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has ascertained the general prevailing rate of per diem wages and rates for legal holidays and overtime - work in the locality in which this work is to be performed for each type of workman or mechanic required to execute thg Contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board _ of.Supervisors. 71 W. T. PAASCH CLFAK BOARD OF SUPERVISORS I • N •RA C TACO NT 6 �� By Deputy The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. No bidder may with- draw his bid for a period of thirty (30) days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY K. T. Paasch County Clerk and Ex Officio Clerk of ; the Board of Supervisors, Contra Costa County, California By Deputy Dated: 2((j�ltcft 7 / ( 73 1 PUBLICATION DATES: i i " f s i f y III THE BOARD OF SUPERVISORS OF A CONTRA COSTA COUNTY, STATE OF CALIFO&VIA In the Matter of Approving Plans ) and Specifications for Remodel of ) the Finance Building (Portions of ) RESOLUTION NO. 73/881 the First and Second Floors), ) Martinez, Building Maintenance ) WHEREAS Plans and Specifications for the remodel of the Finance Building (portions of the first and second floors), Martinez, have been filed with this Board this day by the Public ?corks Director and WHEREAS the general prevailing rates of wages, which shall be the minimum rates paid on this project, have been approved by this Board; NOW, THEREFORE, IT IS -BY Z$IS BOARD RESOLVED that said Plans and Specifications are hereby APPROVED. Bids for this work Mill be received on __ Dacp.miber 18 . 19Z3 at 11:00 _ A.M. , and the Clerk of this Board is directed to pub ish Notice to Contractors in the manner and for the time required by lair, inviting bids for said work, said Notice to be published in the k ORAGA SUN PASSED AND ADOPTED on November 20 , 19_L3 , by the following vote: AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: None. RESOLUTION NO. ?3/881 Form #9 (S. & H. Code 1072, 1326) CERTIFIED COPY (Gov. Code 25451, 25452) 3_500 1 certify that this is a fuI1, true & correct copy of the original document which is on file in my office. cc: Public Works and that it was naased & adopted by the Board of Auditor Supervisors of Contra Costa Countv, California, on Administrator the date shown. ATTEST: W. T. PAASCH, county clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. on ���/. CON SL11. T I1.4G SERViCE5 AG;?:"EM 1-1T le Thcse variables are incorporated below by reference: f Uo;,S:.i.. :ant 's 1la!!!c £; Ad(Iress . Armas Sootaru, Architect .___6_ Las JuntasMartinez, CA. 94553 (b) Effective Date: _ ( ;) Project Hame , Humber, & Location : Contra Costa County Finance Building Remodeling, Court Street, Martinez, CA. 94553 (d) Payment L i u:i t: _ Hourly Rate Charges per Appendix B 2. Signature _ se Signatures attest Elie parties ' agreement hereto: (: I!..IVTY COtr' ' . CONSULTANT Desrclnate official capacity in Chairm � , Board isors business ) State of California ) ss ATTEST: W. T. Paz:sch , County Clark Contra Costa County)- ACKNOt1LEDGtIENT and ex officio Clerk of the Board The person(s) signing above for. Consultant , known to me in those By l�r� , �, Deputy individual and business capacities , personally appeared before me today Recommen ed by Victor 14 Sauer, and acknor;ledged that he/they si ned Public '.orks Di rec - it and that the RENO. 1;ze�t, partnership nam v� IBM ALIFi t1Deputy principal Office OntrA F0318 Couhty Forn; approved: John B. Clausen , Date:C -•e,-n County Counsel By `� Deputy Notary 1'ublri c 3. Parties . Effective on the above date, ntra Costa County and the above-named Consultant mutually . agree and promise as follows : 4. Employment. County hereby employs Consultant , and Consultant accepts such amployment to perform the professional services described herein , upon the terms and in- consideration of the payments stated lie rcin. S. Scope of Service. Scope of service shall be as described in Appendix .A attached hereto. G. Insurance. The Consultant shall , at no expense to the County, furnish cer1-Ti ficates or other evidence acceptable to the County of ( a) public liability insurance of at least $250 ,000 -for all damages arising out of bodily injuries or death to any one person and at least fi500 ,001-1 for two or more persons in one accident or occurrence; and (b) prop&rty damage liability insurance providing for a limit of not less than ;350 ,000. Thirty days ' notice of policy lapse o•r cancellation is requi ;•cd. 7. f ati•i<<;:tit. The Cou!-tCy shall pay Consultant for professional services 1.;c, aria:;(_at the rate4 sho::n in App-_—a iix B attached hereto , which inclUu:: :: tl cvPrh,^:!d and it!c- dental expenses for tdl:icil no additional co,3iponsoLion shall be allov?ed. Ir.. no event shall the total amount paid to Lite Coin ultant exceed th! , paymeni limit specified in ' Sec. 1 ( d) with- out prior 3:ritt,,,n apl;, ov. t of the County 's Public I:orl:s Director. (.OnS l!l L'!1+ ' S S t'?•�'f:!f Q i Cllr.r(}CS !::l l be S'Jb!-i ttae at CCnv�cn intervals . Pay'lle L will be made within thirty (•30) days after receipt of each statement. 8. Termination . At its option , County may terminate this agree- ment at any time by written . notice to the Consultant, whether• or not the Consultant is in default. Upon such termination , Consultant agrees to turn over to County everything pertaining to the work possessed by him or under his control at that time, and will be paid, without duplication , all amounts due or thereafter becoming due on account of services rendered to the date of termination. 9. Status . The Consultant is an independent contractor, and is not to be considered an employee of the County. Attachments : Appendix A Appendix B V . . • i D-46(G/72) - 2 - APPENDIX A DESCRIPTION OF THE PROJECT A. The project contemplated under this Agreement, and the general location thereof, are described as Follows: Provide architectural assistance to the County as directed to accomplish remodeling of the Finance Building. B. All written communications from the County to the Project Architect regarding this project shall be known as the "Project Scope" and are hereby made a part of this Agreement. C. The tentative construction cost is hereby declared to be approximately Fifty thousand and no/100 dollars ($ 50,000.00 ) . APPENDIX B CHARGE RATES 1. Time by Classification of Personnel: Principal Architect $ 18.00 per hour Project Architect 2A times payroll Job Captain 2� times payroll Senior Draftsman 2� times payroll Junior Draftsman 2� times payroll Clerical 2� times payroll In no case shall the 2� times payroll exceed the Principal's hourly rate. 2. Consultants: Architect's consultants' time shall be paid at Architect 's cost which shall be computed by applying the applicable above rates to consultants' personnel. Detailed statements of consultants' bills shall be submitted as part of Architect's bill for services. 3. Material: Architect shall be compensated the direct cost for reproduction of brochures, specifications, blueprints, display models or other materials that may be ordered. 4. Transportation: Cost to Architect for transportation will be considered as included in the above charges and no extra payment will be made therefore. Expenses for essential trips to areas outside the Bay Area will be reimbursed by the County only when the County has issued prior written approval therefore. 5. Maximum Fee of Architect: Architect's maximum fee shall not exceed $5,000.00 without further authorization of the Board. -3- 76488 ` aov 7,014 PAGE707 AUG —6 1973 :,lHE d RECORDED, RE dRiN TO P,ECORDN� A^1 REQUEST OF OWNER C::En:, OF BOARD OF SUPERVISORS at ock1973Con �ju� Costa County Records 14. T. PAASCH, County Recorder Fee Official BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE- , Notice of Completion of Contract with ) and NOTICE OF COMPLETION Martinez Sheet Metal Inc. ) County-CCP 1192.1, 1193 .1 Building maintenance Shop #1330) . ) No . 73/572 The Board of Supervisors of Contra Costa County RESOLVES THAT: The ;County of Contra Costa on August 8, 1972 contracted with /Martinez Sheet Metal, Inc., 630 Escobar Street Martinez California 94553 (Name and Address of Contractor) for the installation of air conditioning system in- the two upper floors of the County Finance Building, Martinez with Fireman's _ as surety, ame or Bonaingmpany for work to be performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions, and standard specifications, and recommends its acceptance as complete as of July 10, 1973 Therefore, said work is accepted as completed on said date, and the Cler'_f shall file with the County Recorder a copy of this Resolution and. Notice as a !Notice of Completion for said contract. An extension of the contract time to July 10, 1973 is GRANTED inasmuch as the contractor was delayed for reasons beyong his control. PASSED AND ADOPTED ON July 30, 1973 CERTIFICATION and VERIFICATION I certify that the foregoing is a true. and correct copy of a resolution and acceptance duly adopted and entered on the minutes of this Board' s greeting on the above date. I declare under penalty of perjury that the foregoing is true and correct. Dated: July 30, 1973 W. T. PAASCH, County Clerk S�C -91CFj at Martinez, California & ex officio Clerk of the Board '�Fp IL- BY Helen C. Marshall- Deputy Clerk cc: Record and return 2 Contractor Auditor Public T•.'or'_rs (2) Administrator RESOLUTION N0 . 73/572 r "o rn '" ''-77-5 END OF DOCUMENT :•1H=I RECORDEED, RETURN TO RECORDED AT REQUEST OF O N ER CLERK OF BOARD OF SUPERVISORS at o' clock X. Contra Costa County Records 11. T. PA_kSCH, County Recorder Fee � Official BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE,• _dotice of Co-rnletion of Contract with ) and NOTICE OF COMPLETION Martinez Sheet Metal Inc. ) County-CCP 1192.1, 119x.1 Buildin5� Maintenance Sho-o 4,111330 . ) No . 73/572 The Board of Supervisors of Contra Costa County RESOLVES THAT: The County of Contra Costa on August 8, 1972 contracted with Martinez Sheet Metal, Inc., 630 Escobar Street Martinez California 945.53 came and Address of Contractor) for the installation of air conditioning system in- the two up-per floors of the County Finance Building, Martinez with Fireman's Puna Tnsuranpe QQmpppy as surety, ame of Bondingmpany for work to be performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions, and standard specifications, and recommends its acceptance as complete as of July 10, 1973 Therefore, said work is accepted as completed on said date, and the Cler'_� shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. An extension of the contract time to July 10, 1973 is GRANTED inasmuch as the contractor was delayed for reasons beyong his control. PASSED AND ADOPTED ON July 30, 1973 CERTIFICATION and VERIFICATION I certify that the foregoing is a true and correct copy of a resolution and acceptance duly adopted and entered on the minutes of this Board' s meeting on the above date. I declare under penalty of perjury that the foregoing is true and correct. Dated: July 30, 1973 W. T. PA4SCH, County Clerk at Iiartinez, California & ex officio Clerk of the Board By Helen C. Marshall " Deputy Clerk cc: Record and return 2 Contr2c`or Auditor Public : o.-ks (2) Admir_is.-rator RESOLUTION NO . 73/572 ORDER FOR CHANGE IPi comrrma 0 . Coact Change Order i 1 B.M. 1330 Project New Electrical Service - Finance Building (I-YsXf; ) f � Scott-Buttner Cor oration p proposes to provide all equipment, materials, � t i labor and services for the following described change in the contract documents. Reason for change at Contractor's request ! i Specification for change ('8MNIhN,4xMM*-W) Replacement of damaged lawn and shrubbery by County forces $145.00 (DEDUCT) II • f i I L Contract Change Order Cost $145.00 =/Deduct Time Extension -0- Calendar Days t 4 To the Contractor: You are hereby instructed that the contract for construction is modified as herein proposed but that in all other respects remains unaltered. Approval Recommended Last Contract Price $10,900.00ed This Change Order 145.00 ADuct Project Engineer / New Contract Price $10,755.00 t ' Time Extension Granted -0- f = Supervising Building Projects Engineer ! r ,� (Calendar Days) ` New Contract Time 35 ! Deputy Public Works Director N/A (Calendar Days) ti t Approved: (Own )T CONT COSTA COUNTY } Date �t. L/�-^ /� -` B Deputy Public Works Dir ' tor,Bldgs.& Grounds Accepted (Contractor) Scott-Buttner Corp. BY: jf i - -- 00, �.. .�._. • • SCOTT-I urrrNER CORP. 2151 ARNOLD INDUSTRIAL HIGHWAY CONCORD, CALIFORNIA 94520 TELEPHONE (415) 689.3700 TWX 910-36J.7428 January 11, 1973 Contra Costa County ;d! P.O. Box 69 Martinez, California 94553 O� ATTENTION: Tony Hubbard ���•tn'.n '.�q U Subject: New Electrical Service County Finance Bldg. Martinez, California Gentlemen: As per our telephone conversation this is your authorization to deduct the sum of $145.00 from our contract on the above subject project for county forces to restore the lawn and shrubbery where trenching was done to install the conduits to the P.G. & E. vault. If you have any questions, please contact me. Very o J. Slater JS/lta � dE D JAN 171973 PUBLIC WORKS 81.111-Mb MAINTENANCE Mailing Address: P. O. BOX 5396 — CONCORD, CALIFORNIA 94524 OLF1.OT" M CO3 TIZI.C11, -IL- Cconti.-act Change Order i,� Blds.'L.,Lca. I I Project Air Cond,*tJclnin^ - Finance 1330 �'nrzlillc;. siloot MC-L'al, Inc. _propones to provide: all equipment, materials, Inbor and service:: for the describod change in the contract documents. Reason for chaii-c At County Request Specification for change (Dravings. attached) Add two (2) diffusers and two (2) return air ducts in south end of building in accordance with Drawing 2-004-3 and the specifications. $435.00 (ADD) F I LES W. T. PAASCH CLERK BOARD OF SUPERVISORS r,Q r RA PWO.PNTY • ffST :? Deputy Contract Change Order Cost $435.00Add/--,-,c,,I-uct Time Extension -0- Calendar Days To the Contractor: You are hereby instructed that the contract for construction is modified as herein proposed but that in all other respects remains unaltered. Approval Recomurended Last Contract Price $505641.00 Project Engineer This Change Order $1135--00 Add/Da l ict New Contract Price - S51,076.00 Supervising Building Time Extension Granted -0- Projects Engineer 1"g-4 LC�s (Calendar Days) New Contract Time -75- Deputy Public 1.1orks Director N/A (Calendar Days) Approved: OWnqrContra Costa ounty )__N 0 Date November 20. 1972 By: Deputy ftiblit V-4 V Accepted (Cor llaKt��Cz Sheet Metalllnc. CX ORDER. FU C't1A:7G" IN C0?,7't'AC 9 Contract Change Order 1 B1dg.Maintenance 41330 Project Finance Building Air Conditionings 04.0.x= ) Martinez Sheet Metal, Inc. proposes to provide all equipment, materials, labor and services for the folio;:inU described change in the contract documents. Reason for change At County Request Specification for change ( ) Provide and install two (2) Mueller Climatrol economizer sections, complete with controls and additional rigging. LUMP SUM $2,376.00 Contract Change Order Cost$2,376.00 Add/ t3h=t Time Extension NONE Calendar Days To the Contractor: You are hereby instructed that the contract for construction is modified as herein proposed but that in all other respects retrains unaltered. Approval Reco:-panded Last Contract Price $48,265.00 This Change Order , Add( jx& Project En dinee New Contract Price $50.641.00 t Time Extension Granted None Supervising Building (Calendar Days) Projects Engineer , ,� - New Contract Time 75 Deputy Public Works Director � ! ; (Calendar Days) Approved: (Owner) CONTRA COSTA COUNTY DateGLG �� //�'/.''�' By; !;,2- 4 Chairman, Board of Supervisors �i - -- Accepted ( tractor) MA TINEZ SHEET META L,Ine ■ L E D By: W. T. PAASCH CLERK BOARD Of SUPERVISORS 0 - ,�,�0 COUNTY T��c�D"' rn/;, ... Deputy CONTRACT • (Construction Agreement) F IL CM * 0 (Contra Costa County Standard Form) in a 192 W. T. PAASCH CLERK BOARD OF SUPERVISORS 1. VARIABLES. These variables are incorporated below by reference. R osTA Co. By G Deputy (§§2,3) Parties: (Public Agency] Contra Costa County [Contractor]Martinez Sheet Metal, Inc . , 630 Escobar St. August 1 1972 Martinez, 3 (§2) Effective Date: g [See §4 for starting date. ] (§3) The Work: Installation of air conditioning system in the two upper floors of the County Finance Building, Civic Center, Martinez, California, Building Maintenance No. 1330, all in accordance with the plans , drawings , and specifications prepared by the Public Works Director. (§4) Completion. Time: [strike out (a) or (b) "calendar" or "working"] (aoxxmxgta=:Ixxxxxxxxxxxxxxxxxxxxxxx (b) Within 75 calendar 1emmWmiw@. days from starting date. (§5) Liquidated Damages: $ 35- 0per calendar day. (56) Public Agency 's Agent: Public Works Director (§7) Contract Price: $ 48,265- 00 XOE]§%?§ilEiZ9C,-fi]f3fcYeXKdfn7E3E3rAY}CXnYiXdCJ6]f kYX�X DC4�-74X4C�X lC}�XhC 7�X CC�bX4C IGb�7D0�?LKDC�7&X8CIX70�L�CJSb�1Q 7C9�rJ2X 3� fCSG�[X9C>'XJ69CQC7p][DCf�fi7f DCS[%>�C3Q3CtXe�FXd�CY%7536%�YdCa�#$gXj}C 4 2 SIGNATURES d ACKNOWLEDGMENT. COUTITI Y 94-j CONTRA 90STA r Public Aeencu, By: , Chairman) O,-�.r cl O J -e J1 sol", '. T. PAASCH C ERI" CsgaxezamyA 3J sDel7uty Clerk Contractor, hereby als g aw r ness an comp ante w th Labor Code 1 61 concernin orkmen's Compensation Law. By: 3 %G� [De gnate official cape ry in the business] Note to Contractor: (2) Execute acknowledgment form beZow; and (2) if a corpora- tion., attach a certified copy of the bylaws, or of the resolution of the Board of Di.rectcrs authorizing execution of this contract and of the bonds required hereby. ------------------------------------------------------------------------------------------ State of California ) ss. ACKNOWLEDGMENT (by Corporation, County of ) Partnership, or Individual) The person(s) signing above for Contractor, known to me in individual and business capacity as stated, personally appeared before me today and acknowledged that he/they executed it and that the corporction or partnersh p :inamed'~'a-bove •eXffC-tst�*r, ;_^��;. 7�Dated: (SEAL) Notary (iibl-i r: �_c,�-'•'-s��t'�-1� w< • -------------------------------------------------------------------- --- - ----- ------- FORM APPROVED: J. B. CLAUSEN, County Counsel, By y mes A. Klinkner (Page 1 0 (CC-1; Rev. 7-70j 3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date, these parties promise and agree as set forth in this contract, incorporating by • these references the material ("variables") in Sec. 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete this work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans, drawings and specifications. (c) This work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Sec. 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the speci- fications or the Notice to Proceed; and shall complete it as specified in Sec. 1. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor, allowance being made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work; and if the same be not paid, Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due Contractor under this con- tract. If the Public Agency for any cause authorizes or contributes to a delay, suspen- sion of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications, of any Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract; and they are intended to co-operate, so that anything exhibited in the plans or drawings and not mentioned in the specifications, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Sec. 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1, except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first day of each calendar month the Contractor shall submit to the Public Agency a verified application for payment, supported by a statement showing all materials actually installed during the preceding month, the labor expended thereon, and the cost thereof; whereupon, after checking, the Public Agency shall issue to Contractor a certificate for the amount determined to be due, minus 10% thereof pursuant to Government Code Sec. 53067, but not until defective work and materials have been removed, replaced and made good. 8. PAYMENTS WITHHELD. (a) The Public Agency or its agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, (2) Claims filed or reasonable evidence indicating probable filing, (3) Failure to properly pay subcontractors or for material or labor, (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire (Page 2 of 4) (CC-1; Rev. 7-70) • work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid, no claims have been presented to the Public Agency based on acts or omissions of the Contractor, ana no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code 5§1860-61) On signing this contract, Contractor must give Public Agency (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, or (2) a certificate of Workmen's Compensation insurance issued by an admitted insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Sec. 3700 and the Workmen's Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties, in amount(s) specified in the specifi- cations, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply sufficient materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency, the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal, state and local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Sec. 1720, and including Secs. 1765 b 1777.6 forbidding dis- crimination) and intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Secs. 1775 b 1813, concerning prevailing wages and hours, shall apply to • this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Government Code 544100-4113 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Sec. 1773, the governing body of the Public Agency has ascertained the general prevailing rates of wages per diem, and for holiday and overtime work, in the locality in which this work is to be performed, for each craft, classification, or type of workman needed to execute this contract, and said rates are as specified in the call for bids for this work and are on file with the Public Agency, and are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours con- stituting the working day. When less than that number of hours are worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at least these rates to all persons on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes neces- sary for the Contractor or any subcontractor to employ any person in a craft, classifi- cation or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate is specified, the Contractor shall immediately notify the Public Agency which shall promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no workman employed at any time on this work by the Contractor or by any sub- contractor shall be required or permitted to work longer thereon except as provided in Labor Code Secs. 1810-1815. • 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Secs. 1777.5, and 1777.6 on non-discrimination. (Page 3 of 4) (CC-1; Rev. 7-70) 17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and • economy of Contra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT. This agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS 6 INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and including the defense of any suit(s) or action(s) at law or equity concerning these. (d) The actions causing Liability are any act or omission (negligent or non- • negligent) in connection with the matters covered by this contract and attributable to the contractor, subcontractor(s), or any officer(s), agent(s) or employee(s) of one or more of them. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negli- gent or willful misconduct of any Indemnitee. 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Sec. 6422, if applicable, by submitting to Public Agency a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. • (Page 4 of 4) (CC-1; Rev. 4-72) ■ (Labor and PSaterial Bono BOND NO. SC 6255976 E IN KNOW ALL MEN BY THESE PRESENTS: That z WHEREAS, the Board of Supervisors, Contra Costa County, State of California by resolution passed July 18. , 19_Z2 , has awarded to T = MARTINEZ SHEET METAL. INCA = � 3 a � designated as the "Principal," a contract for the work described as follows: p INSTALLATION OF AIR CONDITIONING SYSTEM IN THE TWO UPPER FLOORS OF THE COUNTY FINANCE L w a s BUILDING , CIVIC CENTER, MARTINEZ, CALIFORNIA,BUILDING MAINTENANCE NO. 1330,ALL IN t- ACCORDANCE WITH THE PLANS,DRAWINGS, E SPEFICICATIONS BY THE PUBLIC WORKS DIRECTOR. WHEREAS, said principal is required by Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code to furnish a bond in connection with said contract: NOW THEREFORE, we, the Principal and FIREMAN'S FUND INSURANCE COMPANY as Surety, are held and firmly bound unto Concra Costa County in the penal sum of TWENTY FOUR THOUSAND ONE HUNDRED THIRTY TWO AND 50/100- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 24. 132.50 ), lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors) heirs, executors, administrators, successors, or assigns, shall fail to pay any person or persons named in Civil Code Section 3181 or fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor, then said Surely will pay for the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees, as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the Califomia Civil Code. IFILEU � '972 M T: PAASCH CLLP.K 69ARD OF SUPERVISORS PA COST.; CO. Denutv ' L -12- This bond shall inure to the benefit of any and all persons) companies, and corporations entitled to file' claims under Section 3181 of the California Civil Codej, so as to give a right of action to them or their assigns in any 4-V suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does- hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. IN WITNESS 1%1HEREOF this instrument has been duly executed by the Principal and Surety above named, on the 28 day of JULY 1972 MARTINEZ SHEET METAL, INC, Principal By FIREMAN'S FUND INSURANCE COMPANY Surety Ry Mary McIntosh M. A n-T?nrr California STATE ss. COUNTY On this— 7a--day of--. in the year 19-72-, VIRGINIA A. beforeme, ----------- -------------------- ------- --------•---------- ------------------- 2 NOTARY PuBLic in and for said County and State,personally appeared------- known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY, and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- cz PANY thereto as principal,and his own name as Attorney-in-fact. A A. V,"- "EMA-11 2 IN WITNESS WHEREOF, I have hereunto w my hand and affixed my official seal,at my 2A C P L 3 office, writtenin said CA=ty and State, the day and year in this certificate first above w r Up:;,-,Ap7l 3, i576 V -------------------------- Notary Public Tad rld County and State c in My commission expires______.____________M___.______--_---___-____ _. 360207 ------- 360207 5-66 • DIVISION C. PERFORMANCE BOND MOW ALL MEN BY THESE PRESENTS: That BOND NO. SC 6255876 WHEREAS: The Board of Supervisors of the Countv of Contra Costa, State of California o By Resolution passed July 18 , , 19_Z2, has awarded to MARTINEZ SHEET METAL, INC. hereinafter designated as IV the "Principal", a Contract for constructing INSTALLATION OF AIR CONDITIONING 4- SYSTEM IN THE TWO UPPER FLOORS OF THE COUNTY FINANCE BUILDING, CIVIC CENTER, MARTINEZ, CALIFORNIA, BUILDING MAINTENANCE NO. 1330,ALL IN ACCORDANCE WITH THE LANS,ORAWINGS, AND SPECIFICATIONS PERPARED BY THE PUBLIC WORKS DIRECTOR, and, WHEREAS, said Principal is required under the terms of said Contract and the Specifications therefor, to furnish a bond for the faithful performance of said Contract, NOW, THEREFORE, We, the principal, and FIREMAN'S FUND INSURANCE COMPANY as Surety, are held and firmly bound unto the said County of Contra Costa, State of California, in the penal sum of FORTY EIGHT THOUSAND TWO HUNDRED SIXTY FIVE AND NO11OO- - - - - - - - - Dollars ($ G8.265.00 ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the said County of Contra Costa, its officers, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. FILED 1972 4V, T. PAASCH CLE?.Y. --WP•D OF SUP_RV1SOPS RA COSTA co BY .'.e_* Deputy -10- PERFORMANCE BOND (Const,) And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligatiofns timeon thisaltebrondation, andor it does hereby waive notice of anysuchchange, extension o , addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above- namedl on the JJLY, 1972 MARTINEZ SHEET METAL, INC. (To be signed by Principal (Principal and Surety) (and acknowledgment ) By (and Notarial Seal to) (be attached. FIREMAN'S FUND IN NCE COMPANY Surety I 4— 6�i,40 By Mar- McIntosh A t t4"ey-i n-Fac t day The above bond is accepted and approved this of y 19 Z ' The above bond is accepted and approved this day of 19 STATE OF- California -- ss. COUNTY OF______Afarneda On this -day of-- in the year 19-,72-, VTR17',-7zj A. before me, ------ 2 NOTARY PUBLIC in and for said County and State,personally appeared-- known to me to be the person whose name is subscribed to the within instrument as the 0911.*Ilrsgl:;il.:iiz:;2.:.,I:izl:!.:.-r:e..7:2:11-.111:1111ten Attorney-in-facr of the FIREMAN'S FUND INSURANCE COMPANY, and 2cknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto as principal,and his own name as Attorney-in-fact. = ;A:4 (1*.`-FC..:.JA = IN V/17-NESS WHEREOF,I have 111:171UM0 Set My hand and affixed my official seal,at my CCIGINTY office, in said County and State, the day anyear in this certificate first above written. 1�:p:rci A;M 3,1976 r v�L Notary Px1 lic In and for said county and state hIy commission expires.------------- --------------------------- - 360207 ------------------------ 360207 5-66 ' FIREMAN'S f—� F�1AN'S FUND INSURANCE COMPANY / I� T AMERICAN INSURANCE COMPANY • CERTIFICATE OW,) � FUND u NATIONAL SURETY CORPORATION OFINSURANCE AMERICAN LI ASSOCIATED INDEMNITY CORPORATION U AMERICAN AUTOMOBILE INSURANCE COMPANY INSURANCE L:O%I PAN i ES ❑ IF I L E F THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA �i�J� 1972 DATE Aug. 1, 1972 E W. T. PAASCH L (,L!:K BOARD Or S-WIfL/RVISORS THIS IS TO CERTIFY THAT THE COMPANY ON CUM PAN S CHECC(ETDI Ti E�k7VC"MSIZ�I IY'TTIRCE AS 1 F TIIE DATE HEREOF THE FOLLOWING POLICY OR POLICIES: NAME AND ADDRESS OF INSURED OR EMPLOYER 13y _' - - -I PERT V,DESCRIPTION OF OPE RATIONS.BUSINESS CONDUCTED MARTINEZ SHEET METAL, INC. , etal 630 ESCOBAR STREET MARTINEZ, CALIF. 94553 ALL OPERATIONS KIND OF INSURANCE j POLICY NUMBER EXPIRATION I LIMITS OF LIABILITY WORKMEN'S COMPENSATION I ------I --- STATUTORY ' EMPLOYERS'LIABILITY THOUSAND DOLLARS.EACH PERSON THOUSAND DOLLARS.EACH ACCIDENT BODILY INJURY LIABILITY OTHER THAN AUTOMOBILE' — 100 THOUSAND DOLLARS.EACH PERSON COMPREHENSIVE GENERAL LIABILTTf MXP 159 48 2 7-5-75 300 THOUSAND DOLLARS.EACH OCCURRENCE INCLUDING HOLD HARMLESS AGREE- 300 THOUSAND DOLLARS.AGGREGATE PRODUCTS TENTS AND COMPLETED OPERATIONS _ PROPERTY DAMAGE LIABILITY OTHER THAN AIITOMOHILE' THOUSAND DOLLARS.EACH OCCURRENCE THOUSAND DOLLARS.AGGREGATE OPERATIONS THOUSAND DOLLARS,AGGREGATE PROTECTIVE THOUSAND DOLLARS,AGGREGATE CONTRACTUAL THOUSAND DOLLARS.AGGREGATE PRODUCTS AND COMPLETED OPERATIONS AUTOMOBILE: „ II 100 THOUSAND DOLLARS,EACH PERSON BODILY INJURY LIABILITY' —73-}0{'0— THOUSAND DOLLARS,EACH OCCURRENCE PROPERTY DAMAGE LIABILITY' LUV THOUSAND DOLLARS,EACH OCCURRENCE MEDICAL PAYMENTS S EACH PERSON COMPREHENSIVE—LOSS OF OR DAMAGE TO THE I` ACTUAL GSH VALUE UNLESS OTHERWISE STATED HEREIN AUTOMOBILE. EXCEPT BY COLLISION OR UPSET BUT INCLUDING FIRE, THEFT AND WINDSTORM ---- - '- I ACTUAL GSH VALUE LESS COLLISION OR UPSET $ DEDUCTIBLE INSTALLATION FLOATER $50,000. at any one installa ion "ALL RISK" including Fire MXP 159 48 62 7-5-75 site and Extended Coverage It is understood and agreed th t CONTRA COSTA COUNTY will b given ten (10) days written notice before any reduction of coverage or cancellation of this insurance is effective. DESCRIPTION AND LOCATION OF OPERATIONS AND ALTOMOBILES COVERED JOB: Installation of Air Conditioning System in the/upper floors of the County Finance Building, MARTINEZ, CALIF. IT IS UNDERSTOOD THAT THE CONTRA COSTA COUNTY IS NAMED AS AN ADDITIONAL INSURED, BUT ONLY AS RESPECTS OPERATIONS OF THE NAMED INSURED, AND AS RESPECTS FIRE AND EXTENDED COVERAGE INSURANCE DURING THE PERIOD OF THE JOB INSTALLATION. 'IF COMPREHENSIVE,SO STATE. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY THE POLICY OR POLICIES SHOWN ABOVE. i I RU�RIZ69REPRESENTATIVE - T � I IN EVENT OF ANY MATERIAL CHANGE IN OR CANCELLATION OF TnE POLICY OR f I 7 POLICIES THE COMPANY WILL MAKE EVERY EFFORT TO NOTIFY THE ADDRESSEE BUT l' i i l//'/lJ�3 } - UNDERTAKES NO RESPONSIBILITY BREASON OF FAILURE TO DO 50. 385054-1-71 VERZMATION OF RMURANCE To: THE BOARD OF SUPERV I SCIS OF AUG 8 1972 CCNTKA COSTA COUNTY W. T. PAASCH CLERK 0E OF SUPERVISORS ).MARTINEZ, CALIFORNIA OCOST�sO- ey_ _ Druz Deputy We, the undersigned Insurance Brokers, hereby certify that the following described insurance is in force at this date, of whieh8ol; per cent is insured with Underwriters at Lloyd's London: and 2054 Equitable Insurance Company: ASSURED: MARTINEZ SHEET METAL INC. (Vann Engineering Corporation, eta]) °3J Escobar Street, Martinez, Calif. 9+553 1080 CAROL LANE ADDRESS: LAFAYETTE, CALIF. 94543 LOCATION OF RISK: ALL 0ERATIONS, INCLUDING INSTALLATIC-N OF Alit CONDITIONING SYSTEM IN THE TWO JPPER FLOORS OF THE COUNTY FINANCE BUILDING, MARTINEZ, CALIF. TYPE OF INSURANCE: THIRD PARTY PROPERTY DAMAGE Aluli EXCESS CERTIFICATE NO.: PM +1775-G and PM 41776-G PERIOD: From JULY 5, 1772 TO JULY 5, 1973 LIMITS OF LIABILITY: 9edily:IujMjKX Property Damage X100,000/$100,000. IT IS U14DEIRSTOOD THAT CONTRA COSTA COUNTY IS NAMED AS AN ADDITIONAL INSURED, BUT ONLY AS RESPECTS iii EMT I UNS CF THE WAMtD I i-ISURED. This document is furnished to you as a matter of information only.The issuance of this document does not make the per- son or organization to whom it is issued an additional assured,nor does it modify in any manner the contract of insurance between the Assured and the Underwriters. Any amendment, change or extension of such contract can only be affected by specific endorsement attached thereto. Should the above mentioned contract of insurance be cancelled, assigned or changed during the above named Certificate period in such manner as to effect this document, we, the Undersigned,will endeavor to give Len days written notice to the holder of this document,but failure to give such notice shall impose no obligation of any kind upon the Undersigned or upon the Underwriters. i,P.L't:TCiI G +Jk INC. Dated.........J4f.Y...amu.:...>>% .................... 0..!•,5 B.•...............(�1 .�................ ...:...................... Or'. .. M 91612 ur BOl iAl..; r o'-I►IiJ ik. _ . t SLP 5085 (LLOYDS) PRINTED IN U.S.A. VERIFICATION OF IIVSURANCE F L E D TO: s ��. :l::r;iili LF J...�Gs1tif' $41:av1= hs 1972 C:,ZitA OCSTA C6U;1`1Y W. T. PAASCH t; OF SUPERVISORS CAL Fw%'Mit CLCK B ARD M.CO RAC STq Co- By _ w..1.f."& Deputy We, the undersigned insurance Brokers, hereby certify that the following described insurance is in force at this date, of which 1007'."? per cent is insured with Certain Insurance Companies. APERI CAN 110M ASSWUi-NICE CCMPAIN ASSURED: ME',-',L, 146C. Vann Engineering Curpc;ra_ior. atal •J� . ...)VVYl .1 r II\ttT Mv;.%' liic.L, CnLI F. ADDRESS: LOCATION OF RISK: iLL 3PE8ATiC;:S, 111:CLEiDI IG I1WALL'ii IDN LF AIR CU11D1T1OW1NG S57STLM Iii Till: T riL Ui i cit FU_I;RS Ci THE CCUWTY F 1i:AWCE bUI LDING, MARTHIEL, CALIF. TYPE OF INSURANCE: U."ElE LLA L I Alb I L 1 TY POLICY OR CERTIFICATE NO.: ISE 2-6)7-42-73 PERIOD: From ;;iva-;::acr 28, 1373 To ;;;;vQ;ab(:: 2$, 1973 LIMITS OF LIABILITY: Bodily Injury 41, ,000,G33.33 S L P!I T, EXCESS OVER PRI MARY I HSUIW-JCE Property Damage INCLUDEU This document is furnished to you as a matter of information only.The issuance of this document does not make the per. son or organization to whom it is issued an additional assured,nor does it modify in any manner the contract of insurance between the Assured and the Companies. Any amendment, change or extension of such contract can only be affected by specific endorsement attached thereto. Should the aborementioned contract of insurance be cancelled,assigned or changed during the above named policy period in such manner as to effect this document, we, the Undersigned, will endeavor to give 10 days written notice to the holder of this document, but failure to give such notice shall impose no obligation of any kind upon the Undersigned or upon the Companies. BOTTUM,, HO!LAND / ;. , -• APPLETON & GOX OF LIFORNIA, INC. Dated........��.. ...-:'.i.... 27A _= y.............. ......... L l�................_.........._... r -- oi,..t,': . 94612 BORAnt, NO! Ai13 & iAff SLP 3089 1COMPANIES) PRINT60 IN U.LA. RESOLUTION RESOLVED, that this corporation enter into that certain contract with the County of Contra Costa , State of California, relating to the in- stallation of the airconditioning in the County Finance Building, Contract No. 1330, and that the President or Vice President be, and he is hereby authorized and directed to execute said contract and cause to be furnished any bonds required thereunder. CERTIFICATION The undersigned, as Secretary of MARTINEZ SHEET METAL, INC. , a California corporation, hereby certifies that the above resolution was passed unanimously by vote of the Board of Dir- ectors of said corporation at a meeting held on July 24, 1972, and that the same has not been amended or rescinded. Dated: July 25, 1972. x" . -Sdcretary,, Pr.'-yJr t: 5 STATE CN 5 U R A NICOE P. 0. Box 807, San Francisco, California 94101 FUND July 25, 1972 CERTIFICATE OF WORKMEN'S COMPENSATION INSURANCE I LED Contra Costa County P. 0. Box 69 U G"' P1972 Martinez, California 94553 W. T. PAASCFI CLERK 15rPARD OF SUPERVISORS TRA COSTA CO. By . r ..yd? j,�tw.._ Deputy This is to certify that we have issued a valid Workmen's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy also covers the liability of the employer under the United States Longshoremen's and Harbor Workers' Compensation Act. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. EMPLOYER PRES1.^.El- Martinez Sheet Metal JOB: County Finance Building 630 Escobar Street Martinez, California 94553 57-71 Unit 216 (10-1-71/10-1-72) bt SCIF FORM 262 (REV.6.69) cu-AT OSP STATE I N 5 U R AAN'C E ON P. 0. Box 807, San Francisco, California 94101 F U N O July 25, 1972 CERTIFICATE OF WORKMEN'S COMPENSATION INSURANCE Contra Costa County P. 0. Box 69 Martinez, California 94553 This is to certify that we have issued a valid Workmen's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy also covers the liability of the employer under the United States Longshoremen's and Harbor Workers' Compensation Act. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. EMPLOYER PRESIDENT Martinez Sheet Metal JOB: County Finance Building 630 Escobar Street Martinez, California 94553 57-71 Unit 216 (10-1-71/10-1-72) bt SCIFFORM 262 (REV.8-69) DUPLICATE ODINQTOSP 1'; CO '-T C'1717 1-3 n'!L TD T iT C., July 13, 1972 ADD11- 1 -M The following sI!-ill modify the contract documents: ST 17C1r1C-.-%TIG'!S �, - -- - - -- - "fter Page 166 ADD 11 "DIVISION , I Section 11 h, PI,-I'H CARPENTRY, Page 46a." Insert entire page as attached. Pa ,e 47 DIVISION III Technical Divisions Zectiou III A Finish Hardware Paragraph C. RNTERTALS ADD: "5. Flush bolts shall be Sargent, Series 3450, US 28, or equal." Paragraph D. EXECUTION ADD: "4. Flush bolts shall be installed such that upper latch is no hi-her than 6'-8" above floor cl level and lower latch is no less than_ 1'-4" above floor level." Page 49 DIVISION IV Technical Divisions F I L E D Section IV A Painting z Paragraph C. EXECUTION W. PAASCH CLERK BOARD OF SUPERVISORS CONTOM CPSTA COUKT-Y Section 2. Application 1-6y -�,J�1-34ahz&Deptjty DELETE_: Ila. Vlood First Coat: , Undercoat Second Coat: Enamel It ADD: Ila. Uood Doors and Frames First Coat: Interior Vlood Stain Second Coat: Exterior Clear Finish Finish to Witch existing." ADD: loc. New walls shall be finished to match existin0o, with a mittimum of two coats and necessary preparation." 11 lit 13 S Sheet I of 2 MOTES D13LEM M. Provide and install interlock between existing control system and new control system. (Locate as directed by Engineer on job)" - • • DIVISION II r Section II B Finish Carpentry TECMICAL DIVISIONS II B. FIINUSII CARKNTRY ' A. SCOPE: - 1. Work includes all labor, materials, transportation, equipment, and services required to complete the finish carpentry work as shown on the plans and as specified herein. 2. Work Included under this Section: s a. Furnish and install new doors i b. Furnish and install new wood door frames I 3. Work Included under other Sections: a. Hardware (Section III A) b. Rough Carpentry (Section II A) i c. Painting of Doors and Frames (Section IV A) B. MATERIALS: 1. Doors shall be solid-core, select for appearance, Birch veneer, 3'-0" x 8'-0". One door of each pair shall be provided with an astrigal of select Birch. 2. Frames shall be select grade, Birch, select for appearance. C. EXECUTION: 1. Installation shall be accomplished in a first-class manner, all in accordance with the plans and these specificatsons. 2. Frames shall be installed square, plumb and true. 3. Doors shall be hung to swing freely, each pair to meet accurately with minimum equal clearance at all edges. -46a- , • MARTII�j�SH LES' P�-f ET n L, I NG. 630 S.REFIT MARTINEZ, CALI:OHNIA 228-33£,0 (Bidder) i DIVISION E. PROPOSAL (Bid Form) BIDS 14ILL BE RECEIVED UNTIL the eighteenth (18th) day of July 1972 at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez, California, 94553. (A) TO THE HONORABLE BOARD OF SUPERVISORS t OF CONTRA COSTA COUNTY Gentlemen: : t The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for the air conditioning of the upper two floors of the County Finance Building, Mar Inez, CA. t t in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, Administration Building, Martinez, California. 94553. for the following sums; namely: BASE BID: } Shall include all of the work for the construction and completion i of all facilities therein For the sum of: r FA F1447- /A�y1�.y� Dollars ($ F F F E ' L • W. T. PAAS CH }CLRK SC*0 Of �SUPERVISORS 6Yf uf<4 Lf SC=J •�ux+t•N T Deputy -14- (B) It is understood that this bid is based upon completion of the work within ' seventy-five (75) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the i Contractor should fail to complete the work of the contract within the stipulated time, then, he shall be liable to the County of Contra Costa in the amount of Thirty-five Dollars ($ 35.00 ) per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and not as a penalty, it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. ¢ (E) The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. f r t-- t f t -15- DIVISION E. PROPOSAL (Bid Form) Const. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. Bidders Bond TA;ZV—k%Qa% �Uu Cashiers Check Certified Check ( I) The following addendum are hereby acknowledged as being included in the bid: 1 Addendum # datedJ(/LY Addendum # dated Addendum # dated -16- ')IVISION E. PROPOSAL (Bid Form) Cont. LCri..P� By . 630 ESCOBAR STREET ` : ^i•1• 228-3350 Address Phone Licensed in accordance with an act providing for the registration of Con- tractors. Classification and License No. Dated this \?) day of s�C'i►L—� , 19I_. LIST OF SUBCONTRACTORS: (As required by SECTION 12 - "SUBCUNTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUCONTRACTURS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of Business -17- The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, along with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGUI.%R PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yea ( ) No ( ✓ ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ✓ ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt 'to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( / ) 5. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable) : (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) -17a- FIN M AV S'FUND LV URANCE COMPANY BID O-R.PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That Wt-. MARTINEZ SHEET METAL. INC. (hereineltor called the p:i=pal), as principal, and FIREMAN'S FUND INSURANCE COMPANY, a corporation organized and doing bu:;ne,;:: under and by virtue of the laws o', the State of California, and duly licensed for the purpose of making, guaranteeing or beco::::ng .olc surety upon bonds or undertakings required or authorized by the laws of the State of as Sure!;: are held and firmly bund ur:to CONTRA COSTA COUNTY (hereinafter called the Obl:gee) in the just and hull sum of TEN (10) PERCENT OF THE AMOUNT BID - - - - - - - - - - - - - - - - - - - Dollars (5 – – – – – – – – ) lawful nioney of the United States of America, for the payment of which, well and truly to be .:rade. we hereby bind ourselves and cur and each of our successors and assigns. tointly and severally, firmly by these presents. THE CONDITION OF PHIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and subn:a to the obligee a bid cr proposal for the AIR CONDITIONING SYSTEM, COUNTY FINANCE BLDG. IN MARTINEZ in acccrcian..L' -A-1111 till' l'..:ns ;.... sp..�Cificator;s filed in the office c! the obligee and under the notice inviting proposals therefor. NOW. THEREFORE. :! the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. l' 'IN WITNESS WHEREOF. said Principal and said Surety have caused these presents to be duly signed and sealed this 18TH gay of JULY I4 72- MARTINEZ SHEET METAL INC- BY: FIREMAN'S FUND INSURANCE COMPANY By ------- Mary McIntosh ``" 360277—(FF)—11-66 "WEMA.IV,'S FUND IN,SUWANCE COMPANY BID OR.PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That Wo. MARTINEZ SHEET METAL, INC. There:nefte: called tfte Principal), as principal, and FIREMAN'S FUND INSURANCE COMPANY, a corporation organized and doing 'nd by virtue of the laws of the State of California, and duly licensed fcr the purpose of mak:ng, guaranteeing or becotn:ng :ole suzety upon bonds cr undertakings regiifred cr authcrized by the lass of the State of cc: St ret:. -:.e held anal. firmly b and unto CONTRA COSTA COUNTY (here:nafter caliea the Obligee) in the just and full sum of TEN (10) PERCENT OF THE AMOUNT BID — — — — — — — — — — — — — — — — — — — Dollars (S — — — — — — — — ) lawful money of the United States ci America, for the payment of which, well and truly to be :Wade, we hern,by ::d ourselves and cur and each of our successors an:l assigns, jointly and severally, firmly by these presents. THE CO°ct`I'1'IOli OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and su'bni;t to the cbhgee a laid cr r:oposal for the AIR CONDITIONING SYSTEM, COUNTY FINANCE BLDG. IN MARTINEZ r. acccrda:r.e v::tli tho f_:i; si_r,hcatior.s !fled in the office of the obligee and under the not:ce mviting proposals therefor. 18111/1Ii1Iit1tIDlItItlttttlLlitDDlt1ltt7D111D11f1I11ltlt!/ State of California C t .:. VIRGINIA A. WERTHMAN Count of 8fameoa ss: -o,,, ftOTi;R1' PUBLIC - CAUFOilN1A County AIAMEDA Coutm My Con>rission Expires April 3, 1976 t0111t1l1tllttllltIDII11lI1i11111t11ltl11!lIIIItUlllllltt On JULY 18, 1972 before me, a Notary Public in and for said County and Stale, residing therein, duly commissioned and sworn, personally appeared MARY F. Me I NTOSH known to me to be Attorney-in-Fact of Fl REMAN'S FUND INSURANCE COMPANY :he corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my sand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires Notary Public 360212-6-66 VIRGINIA A. 17ERTMUN War y . --- 360277--(FF)--11.66 R. W. Olsen, Inc., dba Air Conditioning Systems (Bidder) DIVISION E. PROPOSAL (Bid Form)_ . BIDS WILL BE RECEIVED UNTIL the eighteenth (18th) day of July 1972 at 11:00 a.m. in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez, California, 94553. (A) TO THE HONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for the air conditioning of the upper two floors of the County Finance Building, Martinez, CA. in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, Administration Building, Martinez, California, 94553. ► for the following sums; namely: t BASE BID: Shall include all of the work for the construction and completion of all facilities therein For the sum of: F Fifty six thousand, four hundred fifty Dollars 56,450.00 FI L W. T. PAASCH CLERK BOARD CT SUPERVISCRS ... OU TY Deputy -14- (B) It is understood that this bid is based upon completion of the work within s seventy-five (75) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then, he shall be liable to the County of Contra Costa in the amount s of Thirty-five Dollars ($ 35.00 ) per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and not as a penalty, it being agreed f and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. j (E) The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. v � -15- DIVISION E. PROPOSAL (Bid Foran) Con•t. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or shade in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (10 Attached is bid security as required in the Notice to Contractors. Bidders Bond 1-550-594 Cashiers Check Certified Check ( 1) The following addendum are hereby acknowledged as being included in the bid: Addendum # 1 dated July 13, 1972 Addendum # dated Addendum # dated -16- ')IVISION E. PROPOSAL (Bid Form) Cont. R. W. Olsen, Inc., dba .fir C nditioning Systems By �� 27' K. w. Olsen P. 0. Box 236 (3730 Mt. Diablo Blvd.) Lafayette, California 94549 Address Phone (415) 284-7000 Licensed in accordance with an act providing for the registration of Con- tractors, Classification and License No. C-20 #257264 Dated this 18th day of July 19 72 LIST CF SUBCOR"TRACTOPS: (As required by SECTION 12 - "SUBCUNTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUCONTRACTORS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of Business iilectrical Lafayette Electric P.O. Box 586 Lafayette Calif. Carpentry William Dahn Construction 1 619 Paso Na oI Pleasant Hill Calif. -17- The following questionnaire sh;:lt constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, along with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGUTAR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes ( ) No ( x ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ?C ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt 'to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( X ) S. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable) : (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) -17a- ( The Ohio Casualty Insurance Company HA-MILTON. OHIO BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, '[4. ','i. u 1 sen, Inc. Lafayette, California (hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM- PANY, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of as Surety, are held and firmly bound unto R, -. j o" Su r,e ry i so i s, Contra Costa County, California (hereinafter called the Obligee) in the penal sum of Ten Dprcent of *be amount bid Dollars ($ I Oc; of bid) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid, dated .i,i 7__; 1 , 1972 19 , for �r'nrt '!n!_ise Fuildin�, 'lartinez, California NOW, THEREFORE, if the Obligee shall make any award according to the terms of said bid and the Principal shall enter into a contract with said Obligee in accordance with the terms of said bid and give bond for the faithful performance thereof within the time specified; or if no time is specified within thirty days after the date of said award; or if the Principal shall, in the case of failure so to do, indemnify the Obligee against any loss the Obligee may suffer directly arising by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void: other- wise to remain in full force and virtue. Signed, Sealed and Dated this......�.1+.�.......day of ............July....................... 1972.... T�.,... ....-, lsen,...rnc.. ................. . .................. 7 ncipai By ............... ..................... THE OHI (CASUALTY INSURANCE COMPANY By ............. . ........... Attorney-in-Fact Tlorhrart T1 '-'lvi'f-C 5-137-R.v. ( The Ohio Casualty Insurance Company f1&%(lLTO.. OHIO BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we, ' . Vi. Olsen, Inc. Lafayette , California (hereinafter called the Principal) as Principal, and THE OHIO CASUALTY INSURANCE COM- PANY, a corporation organized under the laws of the State of Ohio, with its principal office in the City of Hamilton, Ohio (hereinafter called the Surety) and licensed to do business in the State of r`n.,„la as Surety, are held and firmly bound unto R,)..:r.l of Sunervisors, Contra Costa County, Cal.if'ornia (hereinafter called the Obligee) in the penal sum Of men '.'Preent of th.-i amount bid Dollars ($ 10,-'of b i d) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal has submitted the accompanying bid, dated J-1 f 10 3 1070 19 , for it '%nr-;4_t•i�rinT, Curt, i!�use Fiui.ldina, vlartinez, C=ilifornia AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY STATE OF .......Ca—1.f0=11a............................. COUNTY OF ...Sar...Fran^ Gca.....................SS. On this..14.........day of.......:I1 b ................................................................ 19.E?., before me personally appeared......Ferbert..n:,, ;1.1:2..::i.................................................... Attorney-in-fact, of The Ohio Casualty Insurance Company. with whom I am personally acquainted, who being by me S duly sworn, did depose and say, that he resides in...... .an. Ramon..............................; that he is the Attorney-in-fact of The Ohio Casualty Insurance Company. the corporation named in and which execut- ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation. and that he signed and executed the said instrument as Attorney-in-fact of said cor- poration by like order. . d C7111tifltii'ali:f:7117!isI:i•:[t[:L17Lillfili[t!lltilfill 0 t 1VIyCommission expires.:.....-........................ . .. .............�. .. ... ................. ...................... \ �1 ' 2�•J. Notary Public- C? ublla Form S.170 (=..n�r+��1r'.:i 1.%.`:t;�J�_�. +\ Y CII i L _._'•i.' .. _ :•.:2....'7 '� @li7i7fiift2[SE[fit35[:::::::::::::::«..::......... •2�7•/ CEK*MD COPY OF POWER OF AT"IORNEY THE OHO CASUALTY INSURANCE COMPANY HOME OFFICE, HAUB-TON, OHIO No. 9116 Wtll m X11 Arlt blq 04rsr f rrsrnts: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI. Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Herbert D. Elvidgz - - - - - - - - - - - - - - - - - of San Francisco, California - - its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed Any and all bonds, recognizances, stipulations or undertakings excluding, however, any bonds or undertakings guaranteeing payment of loans, notes or the interest thereon- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton. Ohio, in their own proper persons. In WITNESS WHEREOF, the undersigned. Vice-President of the said The Ohio Casualty Sn Y Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the s4. said The Ohio Casualty Insurance Company this 15th day of July- 19 66. SEAL - W V. Berger Vice-President STATE OF OHIO, SS. COUNTY OF BUTLER On this 15th day of July A. D. 19 66 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came W. V. Berger , Vice-President of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. ��gtunuuegp4` IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official t, `pa, W Std 'ate Seal at the City of Hamilton. State of Ohio, the day and year first above written. (Signed) Thomas W. Hildebrand .. .... Nota Public in and for Count of Butler, State of Ohio Notary Y My Commission expires ass February' 2, 1970. .................................................... This power of attorney is granted under and by authority of Article VI. Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances. stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I, the undersigned :assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF. I have hereunto set my hand and the seal of the Company this !( day of \ , A.D., 19 4�:' SEAL 6F Assistant Secretary •�rww S-4295-C 6-70.51 REFRIGERATION & FIXTURE C . f 1414 VARMN&Ar�TREET SAN FRANCISCO, CALIFORNIA 914 1 824-1611 DIVISION E. PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL the eighteenth (18th) day of July 1972 at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez, California, 94553. (A) TO THE HONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agrees to furnish any and all i# required labor, material, transportation, and services for the air conditioning of the upper two floors of the County Finance Building, Martinez, F t in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, r First Floor, Administration Building, Martinez, California, 94553. for the following suras; namely: BASE BID Shall include all of the work for the construction and completion of all facilities therein . i For the sum of: Dollars ($ J r t FILEU �c C�W. T.CLERK BOARDD� v� -14- (B) It is understood that this bid is based upon completion of the work within seventy-five (75) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated f time, then, he shall be liable to the County of Contra Costa in the amount r of Thirty-five Dollars ($ 35.00 ) } per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and not as a penalty, it being agreed f and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is € familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. (E) The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. HlENSHAIWAI ' REFRIGERATION & FIXTURE Cn, 1414 VALENCIA STREET SAN FRANCISCO. -ls- DIVISION E. PROPOSAL (Bid Form) Const. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (Ii) Attached is bid security as required in the Notice to Co rectors. I Bidders Bond Au Cashiers Check Certified Check ( T) The following addendum are hereby acknowledged as being included in the bid: Addendum # �/ datedyt- � Addendum # dated Addendum # dated NNW HENSHAW REFRIGERATION & FIXTURE CO. 1414 VALENCIA STREET SAN -2.4.!;CISCO, CALIFORNIA S'1 -16- �/ REFRIGERATI06K F=IXTURE CO. 1414 VALENCIA STREET 'MIS ION E. PROrC,:;;L (Bid Form) Con't, SAN FRANCISCO, CALIFORNIA 941-10 ByL Address('/ Phone Licensed in accordance with an act providing for the registration of Con- tractors, Classification and License No. / 6 / 8 Dated this day of _ , 19� LIST OF SUBCON'TRACTOFS: (As required by SECTIO14 12 - "SUBCUNTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUCONTRACTURS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name P1- a of B siness Wod—o"O 4111, Now- 1= %640� GAwe- -17- The following questionnaire sh.::ll constitute+an inelu1ion-to the bid documents and shall be completed and attached to the Bid (Proposal) Form, along with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGULNR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yea ( ) No ( 400 ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt 'to convince you to use the services or abide by the rules of one or more bid depositori.e/s? Yes ( ) No ( ) 5. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable) : (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) HENSHAW REFRIGERATION & FIXTURE CO. 1414 VALENCIA STREET SAN, FRANCISCO, C1r!1UFO21,.:1 . SY' -17a- � i Statc of California Counh' of San Francisco SS: On this 1801 day of July in the %ear one thousand nine hundred and 72 before nte, MARCELLA L VOELKFR , a \lotary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeareilTE'rry..J.. Moughan known to me to be the duly authorized Attornev-in-fact of the RELIANCE INSURANCE COMPANY and the same person whose name issubscribed to the within instrument as the Attorne%-in-fart of said CompanN. and the said Terry J. Moughan duly acknowled-cd to me that he subscribed the nater of the RELIANCE INSURANCE COJIPA\Y thereto as Soret,. and his own name as Attornec-in-fact. IN XNAT\h.SS WHEREOF. I have hereunto set in% hand and affixed my official seal the day and year in this Certificate first above written. w My Gmim ii ion-E\pircp' Notary Public in and fitr... 1r _ County, State of.. ._ ..... .......... ..... Butt-tato h�ov ;S.'106 . Co • emium Charge for this Bond is eluded in the Charge of the Master d RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, ...HENSHAW REFRIGERATION & FIXTURE CO. .. . ..._.......................................................•----•--..........•--•--..---- -•--•.............................•-•--••-•-•--•-•--•---......---..............-----............................ (hereinafter called the "Principal"), RELIANCE INSURANCE CONIPANY asPrincipal, and the -----•............................................................................................•--•-..........•-•-- ................... of .... ...Phil.ad.elphia, Pennsylvania . ..... .. .... ....... •. --- ••--•-••. .......--••--... ............ ., Pennsylvania a corporation duly organized under the laws of the State of ......................................................................... (Hereinafter called the "Surety"), as Surety, are held and firmly bound unto ............................................ COUNTY OF CONTRA COSTA ......................................•-----•--•---•----..............---.................................................------•----...................................---- .................................................................................................................. (Hereinafter called the "Obligee"), in the sum of -.TEN -PERCENT (10%) OF AMOUNT OFAID SUBMITTED Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for.-..................................................................................... Replacing Air Conditioning County Finance Building. ......................................•---.....----...... .................---..............------................................... ..............•--•---•.......................................................•--........................................................................................... ...........................................................................................................................---.........................--•-•---•-.....-----• NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful per- formance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to re- main in full force and effect. Signed and sealed this ...........18th................................. day of .....July................................. A.D. 19._ ...., I3F.�IS1i.9W..R1;JitZ�)rR���O .. ..FIXTURE..CO.................... (Seal) (Principal) ..................................... .;t... .. ....... (Title) Reliance Insurance Company (Seal) �j. cty) ................................... Terry oughan, (T )Attorney-in-Fact 11APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS, A.I.A. DOCUMENT NO. A-310 (1958 EDITION).11 BDR 2305 Ed.Jan.1964 for t 1!i l3nt?r! is C.1, t 1 ? a h c EL:, ii i i' i-. 1V A NiA M A- X OV" AL 1,1, P-4 Wi IIILSL PRES Ill 7TS, •ThJt we, K"F` t 1 10N, ---:..................1�.. :................ ................................................................................... ......I................... ............. ................................. .......... ........... ........ (hereinafter called the "Principal"), REILIANCE INSURANCE C0111"ANY asPrincipal, and the .......................................................................A.............................................!................... Phi ladell)h ia, Pelills),1vallia ........ .................................................I .................... of ............ . ....................:................................... ........... Pelln.svIvarlia a corporation My organized under the laws of State of ................................................................... A, 0 AI - (Hereinafter called the "Surety"), as Surety, are held and firmly bound unto ............................................ COUIM OF COJTRA COSTA .................................................................................................................................... ....................................... .................................................................................................................. (Hereinafter called the "Obligee"), in the sum of --Ti::: PERCENT (107) OF *1,OUT!T OF BIT) SUMMITTEI) ......................*............... ........................................................... .................................. Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS, (]I,. Principal has submitted a bid for ....................................................................................... Replacing it Conditioning County Finance Building. ......................................................................................................................................... ................................. ........................................................................................................................................................................... ....................................................................................................................................r....................................... NOW, THEREFORE, if the Obligee shall accept the bid of 0%. Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract decumtnts with good and sufficient surety for the faithful per- formanc-c of such contract and for the prompt paymncnt of and materia[ furnished in the prosecution thereof, or in th;: event of the failure of the Principal to enter such contract and give such bond or bonds, if the"Principal shall pay to the Oblipc the difference not to exceed the penalty hereof between the amount specified in said hid and such larger amount for which-the Obligc,! may in good faith contract with another imr:y to ixTforrn th-, work- covered by said bid, then this obligation shall be null and void, otherwise to re- initin in full force !nd c;'feet. Sl.-n_�Jl and se-,J-d this ........... ............................ day of Ju 1.y.................................. A.D. 19...7-2.., J1 1! �IT _� C' %E 0, Z 1, .. .... ...................................... (Seat) (Principa") .......................... ..... ...................... ......................... ._ - ................ L E PROOF OF PUBLICATION �UL 0/ 1972 (2010, 2015 .5 CCP) W. T' PAASCI-i CLER��KBOA O OF SUPERVISORS 8Y tG_.t.4N A CO CO. eputl NOTICE TO CONTRACTOR (Type of Notice) BIDS RE AIR CONDITIONING OF TWO TOP NOTICE_T000NTRACTOR. FLOORS IN THE COUNTY FINANCE BUILDING Notleet neretwgNenbrorderwthe, Isoara aGSuparvtsorss7ol'Comta'Costa': (Title of Matter) ' ► r sni laga(;t_matariais,.equideunt;Iran, ,spo�atkn end'sarvicas;�for-�-atKtrair corKH toning of the'upperLt*o floors of the Co!T�i(tJrirrce'A9Ibj�%M�f11na: The esNmafidlcanlnxfiurt'��arifracf cost(B"o Bid)is S"000.00 (Action Number) Each bidIs,fo be in accoroanc lh the Drawings-and Specitications on tile- at the OMce of the Clerk pf the,Board,o( 5L%—)-r3, Room, 1W -coup ty Adr ministration Buildi Martinez, STATE OF CALIFORNIA ) Calilortrla;i�fin(7 The drawings and} specifcattona:ritay,.be"etir<ritGtelt Me d/ite of'ttre airk'ofr COUNTY OF CONTRA COSTA ) ri,gep.r4asw.ryisorxorara arc WortX Department,em Floor,',Ce'imt' Adm4fhtrattortY�tlulldiriq?-Pim.�'and (i(cstiarn,may,be purctiascd,at,the. I am a citizen of the United PUDIFG1MWfc> Depa►tmetogmif Floo{; States, a resident of the Count COymenAdrrrFoursttonrsardn2?u0ort Y �payment�:ol;Four dollars arra-n(too aforesaid , and am over the age ($4.22)per et.(Inciudess'2%Salest"r;r` g `Eactr;bid stint be made on:a bid form of 18 years and not a party to rf . � uw 6oirLr�Qktntr'Ada or interested in the above min(st t�ntsw�rtw ��+ta_:.Tust be accpipn . fled- asihier's o ;matter. I am theprincipal checX-or= rdbond- nthe clerk of THE ROSSMOOR NEWS, a amougto�fenpercent-(iDsG)olthe-ice Did.an&im(�trade payaWi sW, _order; newspaper of general circula— w.; • •'`•nd: "I't04. lndtikdwimlMaerko( • • • tion , published on Thursday of the ,treach week in the City of WalnutbeBW�— it-:1sof- 10f y 4e:0»rii.ai�n Creek, State of California, and which newspaper has been Mtin;rcoittrarsf „` decreed a newspaper of general Calilornia.Mi dOW_greadmom circulation by the Superior me abnve;rtWAkwiad�tti tsecurity shall begiYert th,t,t,e Court in and for the County of bidder wiit ent c ,r►act7 awarded the worlc,�eld������ forfeitW Contra Costa, State of ay nie txede.,nd rwain:d�:ca3rat% it�iha_ succgttu�: bTdde aluses; California, on March 22, 1971, r,�„ artaa:tib:mter entered in Judgment Book 376 Cotdracr o'"` ttte necessary )df4s M#irc iet�O tad to°do str by at page 8 thereof on March 24, = 4, of5up.rtlis.rsorCormayCost* 1971. The notice of which the Titasuc w,ubereOWrid annexed is a printed co (set rofurr8sh• w-cent. PY anameixlta0 4 percent i Com' -.. in type not smaller than non- ";pnt'&.qjv�e'"d'a F•Imt{it�Pet -. fOrinaflCe"eprtd,�Tn<an*a,rioimt�eglua��tu pareil) has been published in oiieiw►sw16er�cir*1000%),-or11* Contract ca; hones to be secured pit said, each regular and entire issue froiii&ffety4co 'jaUthorl:edro_ao of said newspaper and not in °"` '"� '—go!,,�""`°"''°' '' ares t �notified,that any supplement lenient thereof on the wuaWnttof 5pihtteso!,"_,stareOf Ca1N•I M•,x slfleard app(i e following dates, to wit: djarn 7/5/72 & 7/12/72 gates the(eyaf;Wyid PWar;d overHepa:.regrlt;)n thi: __ t �)niw)ridt tA}s wurt%is jC'Ne P—WMed'!o�_eactj I declare under penalty of type,o''`°r*"""°r"'�""�'�°'^ed to e"crsr.ttw,Corttricttwhktti7rtlr,be perjury that the foregoing is awardedta,",'_succeufgIt4dder,,The true and correct. Executed on pre. itNtheeoerkt errtwapeiison rftc'.wtm�the>,-aiterky Bpard:oF 7/13/72 at super"ii:�.v��t .-Ue.said tloardreserV mr,riy�it`to Walnut Creek, California. r ►•nv. btae` anrnoioa any bid and-ir kvai w art y Jrleyular}ty in �+Y,l>7drec�tved Noffildder�Riay'wifhl draw,hitbid fora peeled pf.'thirly,.(301, diy iter the dote se1 opening I t �f2 tiC rli �� ,11 c BY ORDER;OF JtIE,.BOARD,:OF,; SUPERVISORS'OFf'CONTRA'COSTA' 'COUNTY County Clerk arfd bi,Ottitiiilderk of the Board of'Sup ra-Co ervisors :Contsta • * • To and including May 27, 1971, and Cgvnpr, allfgmia�y �D thereafter published Wednesday of 7�a each week starting June 2, 19 71 . [eqa!RSCeea,3: Pdbtisq,Jvly S,t$1977 ` --..•:1 (111 lSIL �e3 NOTICE TO CONTRA • k, Notice is hereby given by order of the Board of Supervisors of Contra Costa County, that Clerk of said Board will receive bids for the furnishing of all labor, materials, equipment, transportation and services for the air conditioning of the upper two floors of the County Finance Building, Martinez, G . The estimated construction contract cost (Base Bid) is $ 65,000.00 4 Each bid is to be in accordance with the Drawings and Specifications on file at the office of the Clerk of the Board of Supervisors, Room 103, County Administration Building,-' Martinez, California. j The drawings and specifications may be examined at the office of the Clerk of the Board of Supervisors or at the Public Works Department, 6th Floor, County Administration Building. Plans and Specifications may be purchased at the Public E Works Department, 6th Floor, County Administration Building, upon payment of Four dollars and 22/100 (S4.22) per set. (Includes 5�% sales tax.) Each bid shall be made on a bid form to be obtained at the Public Works Department, 6th Floor, County Administration Building, and must be accompanied by a certified cashier's check or checks, or bid bond in the amount of ten per cent (10%) of the base bid amount, made payable to the order of "The County of Contra Costa" and shall be sealed and filed with the Clerk of the Board of Supervisors. Bid proposals shall be submitted on or before July 18, 1972 at 11:00 a.m. and will be opened in public at the time due in the Board of Supervisors' Chambers, Room 107, Administration Building, Martinez, Contra Costa County, California, and there read and recorded. The above-mentioned bid security shall be given as a guarantee that the � bidder will enter into a Contract if awarded the work, and will be forfeited by the bidder and retained by the County if the successful bidder refuses, neglects, or fails E to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County. The successful bidder will be required to furnish a Labor and Material Bond i in an amount equal to fifty per cent (50/.) of the Contract price and a Faithful Per- formance- Bond in an amount equal to one hundred per cent (100%) of the Contract price, said bonds to be secured from a Surety Company authorized to do business in the State of California. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has ascertained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of workman or mechanic required to execute thq Contract which will.be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. j t IF I L ' Iv. T. PAASCH } CLERK 90AR0 CF SUPERMORS . E),;f T A A OUNTY k iNOT I CF•/I 0 C RAT C r 'S_ Con ue The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. No bidder may with- draw his bid for a period of thirty (30) days after the date set for opening thereof. i BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY v �V. Paasch County Clerk and Ex Officio Clerk of the Board of Supervisors, Contra Costa County, California BY _ Mildred-D. B 11 gU Deputy Dated: June 26, 1972 PUBLICATION DATES: ' k f� L 4- 1 � s SPECIFICATIONS for AIR CONDITIONING SYSTEM i }}s COUNTY FINANCE BUIIDING Y f" Martinez, CA. ! i s Engineer Contra Costa County Public ors Department Bull,dings and Grounds r ccERx a T. PA4CC j 7CC1N Rq C CF SUPERVISORS by Co NTY ~ Deputy Prepared for Victor W. Sauer, Director Public Works Department Contra Costa County Sixth Floor Administration Building Martinez, California 0 • TABLE OF CONTENTS DIVISION A. Notice to Contractors DIVISION B. Instructions to Bidders Section 1 Competence of Bidders Section 2 Securing Documents Section 3 Examination of Plans, Specifications, and Site of Work Section 4 State and County Labor and Materials Requirement Section 5 Bidding Documents Section 6 Submission of Proposals Section 7 Withdrawal of Proposals Section 8 Public Opening of Proposals Section 9 Irregular Proposals Section 10 Competitive Bidding Section 11 Award of Contract Section 12 Special Requirements Section 13 Execution of Contract Section 14 Failure to Execute Contract DIVISION C. Performance Bond DIVISION D. Labor and Material Bond DIVISION E. Proposal (Bid Form) DIVISION F. Articles of Agreement DIVISION G. General Conditions Section 1 Definitions Section 2 Governing Laws and Regulations Section 3 Patents and Royalties Section 4 Contractor's Responsibility for Work and Public Utilities Section 5 Bond and Insurance Section 6 Subcontracting Section 7 Time of Work and Damages Section 8 Progress Schedule Section 9 Temporary Utilities and Facilities Section 10 Permits and Licenses Section 11 Conduct of Work Section 12 Responsibility for Site Conditions Section 13 Inspection Section 14 Rejection of Materials Section 15 Interpretation of Contract Documents Section 16 Clarifications and Additional Instructions Section 17 Deleted Section 18 Product and Reference Standards Section 19 Materials, Articles, and Equipment Section 20 Shop Drawings, Descriptive Data, Samples, Alternatives -1- • 0 TABLE OF CONTENTS (Con't.) DIVISION G. General Conditions (Con't.) Section 21 Samples and Tests Section 22 Change Orders Section 23 -Labor ., Section 24 Occupancy by County Section 25 Preservation and Cleaning Section 26 Payment of Federal or State Taxes Section 27 Acceptance Section 28 Final Payment and Waiver to Claims Section 29 Guarantees DIVISION H. Special Conditions DIVISION I. Technical Specifications Section I Site Work Section II Carpentry Section III Hardware Section IV Finishes Section V Cooling System Section VI Testinb and Balancing Section VII Electrical E -2- DIVISION A. NOTICF. TO CONTRI)PUR (Advertisement:) Notice is hereby given by order of the l;oard of Supervisors of Contra Ccsca County, that Clerk of said Board will receive bids for the furnishing of all labor, materials, equipment, transportation and services for the air conditioning of the upper two floors of the County Finance Building, ifarti,nez, ' The estimated construction contract cost (Base Bid) is $ 65,000.00 Each bid is to be in accordance with the Drawings and Specifications on file at the Office of the Clerk of the Board of Supervisors, Room 103, County Administration Building, Martinez, California. The drawings and specifications may be examined at the office of the Clerk of the Board of Supervisors or at the Public Works Department, 6th Floor, County Administration Building. Plans and Specifications may be purchased at the Public ` Works Department, 6th Floor, County Administration Building, upon payment of f Four dollars and 22/100 ($4.22) per set. (Includes 5�% sales tax.) s Each bid shall be made on a bid form to be obtained at the Public Works Department, 6th Floor, County Administration Building, and must be accompanied by a certified cashier's check or checks, or bid bond in the amount of ten per cent (10%) of the base bid amount, made payable to the order of "The County of Contra Costa" and shall be sealed and filed with the Clerk of the Board of Supervisors. E Bid proposals shall be submitted on or before July 18, 1972 at 11:00 a.m. and will be opened in public at the time due in the Board of Supervisors ' Chambers, Room 107, Administration Building, Martinez, Contra Costa County, California, . and there read and recorded. " } The above-mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be forfeited by the bidder and retained by the County if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County. t The successful bidder will be required to furnish a labor and Material Bond in an amount equal to fifty per cent (50/) of the Contract price and a Faithful Per- formance Bond in an amount equal to one hundred per cent (100%) of the Contract price, said bonds to be secured from a Surety Company authorized to do business in the State of California. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has ascertained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of workman r or mechanic required to execute thq Contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. it f F j f f -3- �. 0 NOTICE TO CONTRACTORS (Continued) The said Board reserves the right to reject any and all bids or any porion of any bid and/or waive any irregularity in any bid received. No bidder may with- draw his bid for a period of thirty (30) days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BY W. T. Paasch County Clerk and Ex Officio Clerk of the Board of Supervisors, Contra Costa County, California BY Dr.puty i Dated: PUBLICATION DATES: t -4- DIVISION B. INSTRUCTION TO BIDDERS: The bidder shall carefully examine the instructions contained herein and satisfy himself as to the conditions with which he must comply prior to bid in submitting his proposal, ind to the conditions affect-ng the award of contract. SECTION 1. COMPETENCE OF BIDDERS: (a) License: No bidder may bid on work of a kind for which he is not properly licensed, and any such bid received may be disregarded. (b) Bidders shall be experienced in the type of work for which they are bidding and shall, upon request of the County, submit to the County a written list of completed projects, with the name of the owner or contract officer indicated. SECTION 2. SECURING DOCUMENTS: Drawings and Specifications may be secured at the place and for the deposit or fee as called out in the "Notice to Contractor", page 3. SECTION 3. DEPOSIT: The deposit, if called for in the "Notice to Contractor", page 3, is a guarantee that the Drawings and Specifications will be returned in good condition. SECTION 4. EJiAMINATION OF PIANS, SPECIFICATIONS, AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: The bidders shall examine carefully the site of the work, and the plans and specifications therefor. He shall investigate and satisfy himself as to conditions to be encountered, the character, quality, and quantity of surface, and subsurface materials or obstacles to be encountered, the work to be performed, and materials to be furnished, and as to the requirements of the proposal, plans, and specifications of the contract. l!here investigations of subsurface conditions have been made by the County in respect to foundation or other structural design, and that information is shown in the plans, said information represents only the statement by the County as to the character of material which has been actually encountered by it in its investigation, and is only included for the convenience of bidders. Investigations of subsurface conditions are made for the purpose of design, and the County assumes no responsibility whatever in respect to the sufficiency or accuracy of borings, or of the log of test borings, or other preliminary investigations, or of the interpretation therefor. There is no guarantee or warranty, either express or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or Lhat unlooked for developments may not occur. Making such information avail- able to bidders is not to he construed in any way as a waiver of the provisions -5- SECTION 4. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: (Con't.) of this article concerting the Contract_or's responsibility for subsurface conditions, and bidders must satis:y t;temselves through their c,wn investigations as to the actual conditions to be encountered. (b) RESPONSIBILITY FOR UTILITIES: As part of the responsibility stated in subdivision (a) above, and without limitation thereon, the Contractor shall be responsible at his own cost for any and all work, expense or special precautions caused or required by the existence or proximity of utilities encountered in performing the work, including without limitation thereon, repair of any or all damage and all hand or exploratory excavation required. The bidder is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and the ducts enclosing such cables, and when wcrking or excavating in the vicinity thereof, the special precautions to be observed at his own cost shall also include the following: All such cables and their enclosure ducts shall be exposed by careful hand excava- tion so as not to damage the ducts or cables, nor cause injury to persons, and suitable warning signs, barricades, and safety devices shall be erected as necessary or required. In connection with the foregoing, the bidder's attention is invited to Section 12 of Division G of these specifications. (c) DISCREPANCIES OR ERRORS: If omissions, discrepancies, or apparent errors are found in the plans and specifications prior to the date of bid opening, the bidder shall submit a written request for a clarification which will be given in the form of addenda to all bidders if time permits. Otherwise, in figuring the work, the bidders shall consider that any discrepancies or conflict between drawings and specifica- tions shall be governed by Section 15 of Division G of these specifications. SECTION S. STATE AND COUNTY LABOR AND MATERIAL REQUIREMENTS: Attention is called to the State and County labor and material requirements, which form a part of the Contract. SECTION 6. BIDDING DOCUMENTS: ( Proposal Forms) (a) Bids shall be made upon the special Proposal (Bid Form) (See Section E of this Specification) , with all items completely filled out; numbers shall be stated both in writing and in figures, the signatures of all persons signed shall be in longhand. The completed form should be without interlineations, alterations or erasures, no alternative proposals. Additional copies of the Proposal (Bid Form) may be obtained from those supplying these specifications. (b) Bids shall not contain any recapitulation of the work to be done; alternative proposals will not be considered, unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. -6- SECTION 6. BIM11% DOCUMENT:,: (Con't.) (c) List of Proposed Subcontractors: Each propo4zal shall ha-e listed therein the nave and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of � or I percent of his total bid, in accordance with Chapter 2, Division 5, Title 1, of the Government Code. See Section 1 of Division G of these specifications for definition of subcontractor. See Section 6 of Division G of these specifications for further reference to subcontractors. (d) Bidder's Security: All bids shall have enclosed cash, a cashier's check, certified check, or a bidder's bond, as described below, executed as surety by a corporation authorized to issue surety bonds in the State of California, made payable to "Contra Costa County", in an amount equal to at least 10 percent of the amount of the bid. No bid shall be considered unless one of the forms of bidder's security is enclosed therewith. SECTION 7. SUBMISSION OF PROPOSALS: Proposals shall be submitted to the Clerk of the Board of Super- visors of Contra Costa County at the place indicated on the bid proposal. It is the sole responsibility of the bidder to see that his bid is received in proper time. All proposals shall be submitted under sealed cover, plainly identified as a nroposal for the work being bid upon and addressed as directed in the Notice to Contractors and the bid proposal. Fa;Iure to do so may result In a premature opening of, or a failure to open such bid. Proposals which are not properly marked may be disregarded. SECTIC•N A. WITHDRAWAL CSF PRuElI;ALS: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of such bid is filed with the Clerk of the Board of .supervisors of Contra Costa Countv. An oral, telegraphic, or telephonic request to withdraw a bid proposal Is not acceptable. The withdrawal of a bid shall not prejudice the right of a bidder to file a net. bid. This article does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids. SECTION 9 rUBL1C (_PE:NIN; CF PROPGSALS: Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. SECTION 10. IRREGULAR PROPOSALS: Proposals may be rejected if they show any alteration of form, addi- tions not called =or, conditional His, incomplete bids, erasures, or irregularities of anv kind, if !yid amount is changed after the amount is originally inserted, the chance should he initialed. -7- SECTION 10. IRREGULAR PROPOSALS: (Con't.) The County also reserves the right to accept any or all alternates and unit prices called for on the Bid Form and their order of listing on such form shall in no way indicate the order in which the bids may be accepted. County may waive irrt!gularities. SECTION 11. COMPETITIVE BIDDING: If more than one proposal be offered by any individual, firm, partnership, corporation, association, or any comb;.nation thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or work to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid directly for the materials or work. All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this contract is in violation of the competitive bidding requirements of the State law and may render void any contract let under such circumstances. SECTION 12. AWARD OF CONTRACT: The right is reserved to reject any and all proposals. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within 30 days after the opening of the proposals. SECTION 13. SPECIAL REQUIREMENTS: The bidder's attention is invited to the following special pro- visions of the contract, all of which are detailed in the General Conditions (Division G) or other documents included in these specifications. (a) Bonds (b) Insurance (c) Liquidated Damages (d) Guarantee (e) Inspection and Testing of Materials (f) Facilities to be Provided at Site (g) Assignment of Contract Prohibited SECTION 14. EXECUTION OF CONTRACT: The contract (example follows Page 18 ) shall be signed by the successful bidder in duplicate counterpart and returned within five (S) days of receipt, not including Saturdays, Sundays, and legal holidays, together with the contract bonds and Certificates of Insurance. No contract shall be binding upon the County until same has been executed by the Contractor and the County. Should the Contractor begin work in advance of receiving notice that the contract has been approved as above provided, any work performed by him will be at his own risk and as a volunteer unless said contract is so approved. -8- i • SECTION 15. FAILURE TO EXECUTE CONTRACT: Failure to execute a contract and file acceptable bonds and certificates of insur -nce as provided herein within 10 days, n!3t including Saturdays, Sundays, and legal holidays, after the successful bidder has received the contract for execution shall be just cause for the annulment of the award and the forfeiture of the bidder's security. If the successful bidder refuses or fails to execute the contract, the County may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses A'1 fails to execute the contract, the County may award the contract to the third lowest responsible bidder. On the failure or refusal of the second or third lowest responsible bidder to whom any such contract is so awarded to execute the same, such bidders' securities shall be likewise forfeited to the County. The work may then be readvertised or may be constructed by day labor as provided by State law. -9- DIVISION C. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS: The Board of Supervisors of the Countv of Contra Costa, State of California By Resolution passed , 19 , has awarded to hereinafter designated as the "Principal", a Contract for constructing and, WHEREAS, said Principal is required under the terms of said Contract and the Specifications therefor, to furnish a bond for the faithful performance of said Contract, NOW, THEREFORE, We, the principal, and as Surety, are held and firmly bound unto the said County of Contra Costa, State of California, in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the said County of Contra Costa, its officers, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. -10- PERFORMANCE BOND (Con't.) And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above- named, on the day of (To be signed by ) (Principal and Surety) Principal (and acknowledgment ) (and Notarial Seal to) By (be attached. ) Surety By The above bond is accepted and approved this day of , 19 The above bond is accepted and approved this day of , 19 -11- PAYME.T r TIONI.) (Labor and Material Bond) KNO;d ALL 11-EN BY THESE 11RESEIITS: That WHEREAS, the Board of Supervisors, Contra Costa County, State of California by resolution passed , 19 , has awarded to designated as the "Principal," a contract for the work described as follows: WHEREAS, said principal is required by Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code to furnish a bond in connection with said contract: NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto Contra Costa County in the penal.sum of Dollars ($ ), lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any person or persons named in Civil Code Section 3181 or fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, . with respect to work or labor, then said Surety will pay for the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees, as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code. -12- This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file clai.w under Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. IN SdITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of 19 Principal By Surety By Attorney-in-Fact -13- • r t (Bidder) ' DIVISION E. PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL the eighteenth (18th) day of July 1972 i at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez, California, 94553. t (A) TO THE HONORABLE BOARD OF SUPERVISORS F OF CONTRA COSTA COUNTY Gentlemen: ; t The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for the air conditioning of the upper two floors of the County Finance Building, Mar Inez, in strict conformity with the Plans, Specifications, and other contract F documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, Administration Building, Martinez, California, 94553. for the following sums; namely: BASE BID: Shall include all of the work for the construction and completion of all facilities therein I For the sum of: • f i Dollars ($ ) f f s i I • t r i f t t i L•. -14- .F (Bidder) DIVISION E. PROPOSAL (Bid Form) BIDS k►ILL BE RECEIVED UNTIL the ` day of July 1972 at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez, California, 94553. (A) TO THE HONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for the air conditioning of the upper two floors of the County Finance Building, Mar Inez, . in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, Administration Building, Martinez, California, 94553. for the following sums; namely: BASE BID: t f Shall include all of the work for the construction and completion of all facilities therein i For the sum of: t Dollars r - - f t S j 1 F[V f� I (tktJ f -14- a s (B) It is understood that this bid is based upon completion of the work within seventy-five (75) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then he shall be liable to the County of Contra Costa in the amount of Thirty-five and no/100 Dollars ($ 35.00 ) per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and not as a penalty, it being agreed and expressly stipulated that it would be impractical and'difficult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. (E) The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. -15- 1 DIVISION E. PROPOSAL (Bid Form) Cont. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (PJ Attached is bid security as required in the Notice to Contractors. Bidders Bond Cashiers Check Certified Check ( 1) The following addendum are hereby acknowledged as being included in the bid: Addendum # dated Addendum # dated Addendum # dated -16- ')IVISION E. PROPOSAL (Bid Form) Cont. By Address Phone Licensed in accordance with an act providing for the registration of Con- tractors, Classification and License No. Dated this day of 19 LIST OF SUBCON'TRACTOPS: (As required by SECTION 12 - "SUBCUNTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUCONTRACTURS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of Business -17- The following questionnaire shall constitute an inclusion to the bid f documents and shall be completed and attached to the Bid (Proposal) Form, along with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTI:UCTION TO BIDDERS, Section 10 (Page 7) IRREGUTAR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. RUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes ( ) No ( ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid (} depositories? 1 Yes ( ) No ( ) 4. Has any Person or group threatened you with subcontractor bo cotts union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( ) S. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable) : (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) -17a- DIVISION F. ARTICLES OF AGREEMENT. (Contract) See attached Contra Costa County Standard Form. -1$- 3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above • date, these parties promise and agree as set forth in this contract, incorporating by these references the material ("variables") in Sec. 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete this work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans, drawings and specifications. (c) This work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Sec. 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the speci- fications or the Notice to Proceed; and shall complete it as specified in Sec. 1. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor, allowance being made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work; and if the same be not paid, Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due Contractor under this con- tract. If the Public Agency for any cause authorizes or contributes to a delay, suspen- sion of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications, of any Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into • this contract; and they are intended to co-operate, so that anything exhibited in the plans or drawings and not mentioned in the specifications, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Sec. 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1, except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first day of each calendar month the Contractor shall submit to the Public Agency a verified application for payment, supported by a statement showing all materials actually installed during the preceding month, the labor expended thereon, and the cost thereof; whereupon, after checking, the Public Agency shall issue to Contractor a certificate for the amount determined to be due, minus 10% thereof pursuant to Government Code Sec. 53067, but not until defective work and materials have been removed, replaced and made good. 8. PAYMENTS WITHHELD. (a) The Public Agency or its agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, (2) Claims filed or reasonable evidence indicating probable filing, (3) Failure to properly pay subcontractors or for material or labor, (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in raking good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire (Page 2 of 4) (CC-1; Rev. 7-70) • 0 17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT. This agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS b INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and including the defense of any suit(s) or action(s) at law or equity concerning these. (d) The actions causing Liability are any act or omission (negligent or non- . negligent) in connection with the matters covered by this contract and attributable to the contractor, subcontractor(s), or any officer(s), agent(s) or employee(s) of one or more of them. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negli- gent or willful misconduct of any Indemnitee. 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Sec. 6422, if applicable, by submitting to Public Agency a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. (Page 4 of 4) (CC-1; Rev. 4-72) • CONTRACT (Construction Agreement) (Contra Costa County Standard Form) 1. VARIABLES. These variables are incorporated below by reference. (442,3) Parties: [Public Agency] [Contractor] (42) Effective Date: [See 44 for starting date. ] (43) The Work: (44) Completion Time: [strike out (a) or (b) "calendar" or "working"] (a) By [date] (b) Within calendar/working days from starting date. (45) Liquidated Damages: $ per calendar day. • (46) Public Agency's Agent: (47) Contract Price: $ (for unit price contracts: more or less, in accordance with finished quantities at unit bid prices.) [Strike out parenthetical material if inapplicable.] 2. SIGNATURES d ACKNOWLEDGMENT. Public Agency, By: (President or Chairman) (Secretary) Contractor, hereby also acknowledging awareness of and compliance with Labor Code 41861 concerning Workmen's Compensation Law. By: [Designate official capacity in the business] Note to Contractor: (1) Execute acknowledgment form below; and (2) if a corpora- tion, attach a certified copy of the bylaws, or of the resolution of the Board of Directors authorizing execution of this contract and of the bonds required hereby. ------------------------------------------------------------------------------------------ State of California ) ss. ACKNOWLEDGMENT (by Corporation, County of ) Partnership, or Individual) The person(s) signing above for Contractor, known to me in individual and business capacity as stated, personally appeared before me today and acknowledged that he/they executed it and that the corporation or partnership named above executed it. Dated: (SEAL) -----------Notary-Public --------------------------------- --------------------------------------- FORM APPROVED: J. B. CLAUSEN, County Counsel, By Deputy (Page 1 of 3) (CC-1; Rev. 7-70 0 • 3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above • date, these parties promise and agree as set forth in this contract, incorporating by these references the material ("variables") in Sec. 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike manner, fully and faithfully perform and complete this work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans, drawings and specifications. (c) This work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Sec. 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the speci- fications or the Notice to Proceed; and shall complete it as specified in Sec. 1. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor, allowance being made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work; and if the same be not paid, Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due Contractor under this con- tract. If the Public Agency for any cause authorizes or contributes to a delay, suspen- sion of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications, of any Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into • this contract; and they are intended to co-operate, so that anything exhibited in the plans or drawings and not mentioned in the specifications, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Sec. 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1, except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first day of each calendar month the Contractor shall submit to the Public Agency a verified application for payment, supported by a statement showing all materials actually installed during the preceding month, the labor expended thereon, and the cost thereof; whereupon, after checking, the Public Agency shall issue to Contractor a certificate for the amount determined to be due, minus 107, thereof pursuant to Government Code Sec. 53067, but not until defective work and materials have been removed, replaced and made good. B. PAYMENTS WITHHELD. (a) The Public Agency or its agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, (2) Claims filed or reasonable evidence indicating probable filing, (3) Failure to properly pay subcontractors or for material or labor, (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire (Page 2 of 4) (CC-1; Rev. 7-70) 0 0 • work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid, no claims have been presented to the Public Agency based on acts or omissions of the Contractor, and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code 451860-61) On signing this contract, Contractor must give Public Agency (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, or (2) a certificate of Workmen's Compensation insurance issued by an admitted insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Sec. 3700 and the Workmen's Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties, in amount(s) specified in the specifi- cations, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply sufficient materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency, the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal, state and local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Sec. 1720, and including Secs. 1735 6 1777.6 forbidding dis- crimination) and intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Secs. 1775 6 1813, concerning prevailing wages and hours, shall apply to • this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Government Code 444100-4113 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Sec. 1773, the governing body of the Public Agency has ascertained the general prevailing rates of wages per diem, and for holiday and overtime work, in the locality in which this work is to be performed, for each craft, classification, or type of workman needed to execute this contract, and said rates are as specified in the call for bids for this work and are on file with the Public Agency, and are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours con- stituting the working day. When less than that number of hours are worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at least these rates to all persons on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes neces- sary for the Contractor or any subcontractor to employ any person in a craft, classifi- cation or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate is specified, the Contractor shall immediately notify the Public Agency which shall promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no workman employed at any time on this work by the Contractor or by any sub- contractor shall be required or permitted to work longer thereon except as provided in Labor Code Secs. 1810-1815. • 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Secs. 1777.5, and 1777.6 on non-discrimination. (Page 3 of 4) (CC-1; Rev. 7-70) 17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and • economy of Contra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT. This agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS b INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered. incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and including the defense of any suit(s) or action(s) at law or equity concerning these. (d) The actions causing Liability are any act or omission (negligent or non- • negligent) in connection with the matters covered by this contract and attributable to the contractor, subcontractor(s), or any officer(s), agent(s) or employee(s) of one or more of them. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negli- gent or willful misconduct of any Indemnitee. 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Sec. 6422, if applicable, by submitting to Public Agency a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. (Page 4 of 4) (CC-1; Rev. 4-72) DIVISION G. GENERAL MOTIONS (Con't.) • SECTION 1. Definitions: Whenever the following terms, pronouns in place of them, or initials of organizations appear in the contract documents, they shall have the following meaning: Addendum--A document issued by the County during the bidding period which modifies, supersedes, or supplements the original contract documents. Agreement--The written document of agreement, executed by the County and the Contractor. Architect or Engineer--Shall mean the architect, engineer, individual or co-partnership, employed by the County of Contra Costa; as designated on the title sheet of these specifications. When Contra Costa County is designated as the Engineer, Engineer shall mean Victor W. Sauer, Public Works Director, or his authorized representative. Bidder--Any individual, partnership, corporation, association, joint venture, or any combination thereof, submitting a proposal for the work, acting directly, or through a duly authorized representative. Board of Supervisors--Shall mean the duly elected or appointed officials who constitute such a Board, who will act for the County in all matters pertaining to the Contract. Change Order--Is any change in contract time or price and any change in contract documents not covered by substitutions, submittals, or field orders. Construction Supervisor or Inspector or Clerk of the Works--The authorized agent of the County at the site of the work. Contract--The contract is comprised of the contract documents. Contract Documents--The contract documents include the agreement, notice to contractors, instructions to bidders, proposal, plans, general condi- tions, supplementary general conditions, specifications, contract bonds, addenda, change orders, and supplementary agreements. Contractor--The individual, partnership, corporation, associa- tion, joint venture, or any combination thereof, who has entered into a contract with the County. County--Shall mean the County of Contra Costa, a political subdivision of the State of California and party of the first part, or its duly authorized agent acting within the scope of their authority. Field Order--Is an instruction given during the course of the work, not involving a change in contract time or price. (See Section 16B) . General Notes--The written instructions, provisions, conditions or other requirements appearing on the drawings, and so identified thereon, which pertain to the performance of the work. -19- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 1. Definitions (Con't.) Plans -- The official drawings including plans, elevations, sections, detail drawings, diagrams, general notes, information and schedules thereon, or exact reproductions thereof, adopted and approved by the County showing the location, character, dimension, and details of the work. Specifications -- The instructions, provisions, conditions and detailed requirements pertaining to the methods and manner of performing the work, or to the qualities and quantities of work to be furnished and installed under this contract. Subcontractor -- An individual, partnership, corporation, association, joint venture, or any combination thereof, who contracts with the Contractor to perform work or labor or render service in or about the work. The term subcontractors shall not include those who supply materials only. Superintendent -- The representative of the Contractor who shall be present at the work site at all times during performance of the work. Such Superintendent shall at all times be fully authorized to receive and act upon instructions from the Architect or his authorized agents and to execute and direct the work on behalf of the Contractor. Supplementary Agreement -- A written agreement providing for alteration, amendment, or extension of the contract. Work -- The furnishing and installing of all labor, materials articles, supplies and equipment as specified, designated, or required by the contract. SECTION 2. GOVERNING LAWS AND REGUTATIONS: The Contractor shall keep informed of and observe, and comply with and cause all of his agents and employees to observe and comply With all prevailing Federal, State and Local laws, and rules and regulations made pursuant to said laws, which in any way affect the conduct of the work of this contract. All work and materials shall be in full accordance with the latest rules and regulations of the Uniform Building Code, the State Fire Marshal, the Safety Orders of the Division of Industrial Safety, the National Electric Code, the Uniform Plumbing Code published by the Western Plumbing Officials Association, and other applicable State laws or regulations. Nothing in these Plans or Specifications is to be construed to permit work not conforming to these Codes. The Contractor shall keep copies of Codes on job at all times during construction period. SECTION 3. PATENTS AND ROYALTIES: A. The Contractor shall provide and pay for all licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the work. Certificates showing the payment of any such licenses or rovalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by the Contractor and delivered to the County on completion of the work, if required. -20- • DIVISION G. GENERAL CONDITIONS (Coni.) SECTION 3, PATENTS AND ROYALTIES: (Con i.) B. The Contractor shall assume all responsibility for the use of apparatus or devices covered by patents or copyrights, shall defend any suits brought by claimed infringements of any such patents or copyrights, and shall hold the County free from claims for damages incident to their use. SECTION 4. CONTRACTOR'S RESPONSIBILITY FOR WORK AND PUBLIC UTILITIES: A, The Work Until the formal acceptance of the Work by the County, the Contractor shall have the charge and care thereof and shall bear the risk of Injury or damage to any part of the work by the action of the elements or from any other cause except as provided in Section 24. The Contractor, at Contractor's cost, shall rebuild, repair, restore. and make good all such damages to any portion of the work occasioned by any of such causes before its acceptance. B. Public Utilities: a. The Contractor shall send proper notices, make all necessary arrangements, and perform all other services required in the care and maintenance of all public utilities. The Contractor shall assume all responsibility concern- ing same for which the County may be liable. b. Enclosing or boxing in, for protection of any public utility equipment, shall be done by the Contractor. Upon completion of the work, the Contractor shall remove all enclosures, fill in all openings in masonry, grouting the same watertight, and leave in a finished condition. c. All connections to public utilities shall be made and maintained in such manner as not to interfere with the continuing use of same by the County during the entire progress of the work. SECTION 5. BOND AND INSURANCE: A. The contractor to whom the work is awarded shall within five (5) working days after being notified enter into a contract with the owner on the Contra Costa County Standard Form for the work in accordance with the drawing and Specifications, shall furnish and file at the same time labor and material and faithful performance bonds as set forth in the advertisement for bids, on a form acceptable to the County. B. COMPENSATION INSURANCE: The Contractor shall take out and maintain during the life of this Contract adequate Workmen's Compensation Insurance for all his employees employed at the site of the project, and in case any work is sublet, the Contract shall require the subcontractor similarly to provide Workmen's Compensation Insurance for the latter's employees, unless such employees are covered by the protection afforded by the Contractor. -21- • • DIVISION G. GENERAL CONDITION'S (Con't.) SECTION 5. BOND AiaD INSURANCE: (Con't.) In case any class of employee engaged in hazardous work under the Contract at the site of the project is not protected under the Workmen's Compensation statute, or in case there is no applicable Workman's Compensation statute, the Contractor shall Izrcvide, and shall cause each subcontractor to provide, adequate insurance for the protection of his employees not otherwise protected. C. PUBLICC, LIABILITY AND PROPERTY DAMGE INSURANCE: The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance, naming Contra Costa County as an additional insured, as shall protect him and any subcontractor performing work covered by this Contract, from claims for dan,.iges for personal injury, including wrongful death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $250,000.00 for injuries, including wrongful death, to any one person, and, subject to the same limit for each person, in an amount not less than $500,000.00 on account of one accident, and property damage insurance in an amount not less than $50,000.00. The Contractor shall submit a Certificate of Liability Insurance which shall include the "hold harmless" agreement as required in the Articles of Agreement. D. FIRE INSUI2�ME: The Contractor shall carry fire and extended coverage insurance naming Contra Costa County as an additional insured duri.ig the period of construction of the work in an amount not less than the total amount of the progress payments received by him from Contra Costa County, less the amount paid to him on account of excavation and foundations. E. CERTIFICATES OF E SURANCE: Certificates of such [dorkmen's Compensation, Public Liability, Property Damage Insurance, and Fire Insurance, shall be filed with the County and shall be subject to County approval for adequacy of protection. All certificates shall indicate that Contra Costa County has been named as an additional insured. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled until at least ten days prior written notice has been given to Contra Costa County. F. PERMFL%Y_ NCE BOND: One bond shall be in the amount of One Hundred per cent (1001.) of the Contract, and shall ins-tire the 0*•mer during the life of the Contract and for the term of one (1) year from the date of acceptance of the wor :isainst faulty or improper materials or workmanship that may be discovered during that Livia. -22- s s DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 5. BOND AND INSURANCE: (Con't.) G. LABOR AND MATERIALS BOND: One bond shall be in the amount of fifty per cent (50%) of the Contract price, and shall be in accordance with the laws of the State of California to secure the payment of all claims for labor and materials used or consumed in the performance of this Contract and of all amounts under the Unemployment Insurance Act. SECTION 6, SUBCONTRACTING: The Contractor shall be responsible for all work performed under this contract, and no subcontractor will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor. The Contractor shall give his personal attention to the ful- fillment of this contract and shall keep the work under his control. When any subcontractor fails to prosecute a portion of the work in a manner satisfactory to the Architect or Engineer , the Contractor shall remove such subcontractor immediately upon written request of the Architect or Engineer and he shall not again be employed on the work. Although the specification sections of this contract may be arranged according to various trades, or general grouping of work, the contractor is not obligated to sublet the work in such manner. The County will not entertain requests to arbitrate disputes among subcontractors or between the Contractor and one or more subcontractors concerning responsibility for performing any part of the work. Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. Substitution of Subcontractors: Contractor shall not substitute any person or subcontractor in place of a subcontractor listed in his bid proposal without the written approval of the County. Substitution of subcon- tractors must be in accordance with the provisions of the "Subletting and Sub- contracting Fair Practices Act" beginning with Section 4100 of the Government Code. Violations of this Act by the Contractor may subject him to penalties which may include cancellation of contract, assessment of 10 per cent of the subcontractor's bid, and disciplinary action by the Contractors' State License Board. SECTION 7, TIME OF WORK AND DAMAGES: The County will designate the starting day of the contract on which the Contractor shall immediately begin and thereafter diligently prosecute the work to completion. The Contractor obligates himself to complete the work on or before the date, or within the number of calendar days, set forth in the Proposal (Bid Form) for completion, subject only to such adjustment of time as may be set forth in this article or pursuant to Section 22. -23- i a DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 7. TIME OF WORK AND DAMAGES: (Con't.) If the work is not completed with the time required, damage will be sustained by the Coiuity. It is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the County will sustain by reason of such delay; and it is therefore agreed that the Contractor will pay to the County the sum of money stipulated per day in the Specifications for each and every day's delay in finishing the work beyond the time prescribed. If the Contractor fails to pay such liquidated damages the County may deduct the amount thereof from any money due or that may become due the Contractor under the contract. The work shall be regarded as completed upon the date the County has accepted the same in writing. If it appears to the Contractor that he will not complete the work in the stated time, he shall make written application to the County as soon as he so determines, but at least ten (10) calendar days prior to the expiration of the time for completion, stating the reasons why an extension should be granted and the amount of extension desired for each reason. The County may, then, in its discretion grant or deny such extension. Any money due, or to become due the Contractor, may be retained to cover said liquidated damages and should such money not be sufficient to cover such damages, the County shall have the right to recover the balance from the Contractor or his sureties. Should the County, for any cause, authorize a suspension of work, the time of such suspension will be added to the time allowed for comple- tion. Suspension of work by order of the County shall not be deemed a waiver of the claim of the County for damages for non-completion of the work after the adjusted time as required above. SECTION 8. PROGRESS SCHEDULE: Withfa three weeks after the Contractor has been notified to start work, he shall submit to the County a practicable progress schedule of operations on a chart form approved by the County. The schedule of operations shall show the order in which the Contractor proposes to carry out the work, the dates on which he will start each major subdivision of the work, and the contemplated dates of completion of such subdivision. When required by the County, the Contractor shall submit an adjusted progress schedule on the approved form to reflect changed conditions. SECTION 9, TEMPORARY UTILITIES AND FACILITIES: A. All water used on the work will be furnished and paid for by the Contractor. The Contractor shall furnish the necessary temporary piping from the distribution point to the points' on the site where water is necessary to carry on the work and upon completion of the work shall remove all temporary piping. -24- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 9. TEMPORARY UTILITIES AND FACILITIES: (Con't.) B. The Contractor, at his own cost, shall furnish and install all meters, all electric light and power equipment and wiring, all gas meters, gas equipment and piping that is necessary to perform his work and shall remove the same upon the completion of the work. The Contractor shall pay for all power, light and gas used in the construction work. C. The Contractor shall furnish, wire for, install and maintain temporary electric light wherever it is necessary to provide illumination for the proper performance and/or inspection of the work. The lighting shall pro- vide sufficient illumination and shall be so placed and distributed that these Specifications can be easily read in every place where said work is being per- formed. This temporary lighting equipment may be moved about but shall be maintained throughout the work, available for the use of the representative of the County whenever required for inspection. D. The Contractor shall provide and maintain for the duration of the work, temporary toilet facilities for the workmen. These facilities shall be of an approved type conforming to the requirements of the County Health Department, and shall be weather-tight structures with raised floors. Structures are to have adequate light and ventilation and door equipped with latch or lock. Contractor shall service such facilities daily, maintaining same in a clean and sanitary condition. Portion of site occupied by toilet facilities shall be graded and cleaned up upon removal of facilities when so ordered and/or upon completion of work. E. See Special Conditions for Variations to the above requirements. SECTION 10, PERMITS AND LICENSES: Within incorporated cities, the Contractor shall obtain all permits, and all licenses, that are required for the performance of his work by all laws, ordinances, rules, regulations, or orders of any officer and/or body lawfully empowered to make or issue the same and having jurisdiction, and shall give all notices necessary in connection therewith and pay all fees lawfully required relating thereto and all costs and expenses lawfully incurred on account thereof. The Contractors attention is called to Health and Safety Code Section 19132.9, which states that one public jurisdiction may not charge for building permits for another public jurisdiction. Within the unincorporated area of Contra Costa County, the Contractor shall obtain all permits, and all licenses that are required for the performance of his work by all laws, ordinances, rules, regulations, or orders of any officer and/or body lawfully empowered to make or issue the same and having jurisdiction, and shall give all notices necessary in connection therewith. There will be no charge to the Contractor for permits issued by the County Building Inspector. -25- DIVISION G. GENERAL CONPONS (Con't.) SECTION 11. CONDUCT OF WORK: A. The Contractor shall observe that the County reserves the right to do other work in connection with the project by Contract or otherwise, and he shall at all times conduct his work so as to impose no hardship on the County or others engaged in the work. He shall adjust, correct and coordi- nate his work with the work of others so that no discrepancies shall result in the whole work. B. The Contractor shall provide an adequate work force, materials of proper quality, and equipment to properly carry on the work and to insure completion of each part in accordance with his schedule and with the time agreed. C. The Contractor shall personally superintend the work and shall maintain a competent superintendent or foreman at all times empowered to act in all matters pertaining to the work. Daily manpower reports shall be signed by the Contractor, or his Superintendent, and submitted weekly. D. Unless otherwise specified, the Contractor shall clear all obstructions and prepare the site ready for the construction. He shall verify dimensions and scale of plot plans, and shall check all dimensions, levels, and construction. E. Where work of one trade joins, or is on other work, there shall be no discrepancy or incomplete portions when the total project is complete. In engaging one kind of work with another, marring or damaging same will not be permitted. Should improper work of any trade be covered by another which results in damage, or defects, the whole work affected shall be made good by the Contractor without expense to the County. F. The Contractor shall anticipate the relations of the various trades to progress of the work and shall see that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking for each trade shall be a part of same, except where stated otherwise. G. Proper facilities shall be provided at all times for access of the County representatives to conveniently examine and inspect the work. H. Watchmen, at Contractor's option, shall be maintained during the progress of the work as required, at the expense of the contractor. SECTION 12. RESPONSIBILITY FOR SITE CONDITIONS: The following shall constitute exceptions, and the sole exceptions, to the responsibility of the Contractor set forth in Section 4, in the Instructions to Bidders: a. If during the course of the work the Contractor encounters active utility installations which are not shown or indicated in the plans or in the specifications, or which are found in a location substantially -26- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 12, RESPONSIBILITY FOR SITE CONDITIONS: (Con't.) different from that shown, and such utilities are not reasonably apparent from visual examination, then he shall promptly notify the County in writing. Where necessary for the work of the contract, the County shall issue a written order to the Contractor to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. For the purposes of the foregoing, "active" shall mean other than abandoned, and "utility installations" shall include the following: Steam, petroleum products, air, chemical, water, sewer, storm water, gas, elec- tric, and telephone pipe lines or conduits. The Contractor shall perform the work described in such written order and compensation therefor will be made in accordance with Section 22, relating to changes in the work. Except for the items of cost specified in such Sections, the Contractor shall receive no compensation for any other cost, damage or delay to him due to the presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions from the County, then he shall be liable for any or all damage to such utilities or other work of the contract which arises from his operations subsequent to discovery thereof, and he shall repair and make good such damage at his own cost. b. If the contract requires excavation or other work to a stated limit of excavation beneath the surface, and if during the course of the work the County orders a change of depth or dimension of such subsurface work due to discovery of unsuitable bearing material or for any other cause, then adjustment in contract price for such change will be made in accordance with Section 22. Except for the items of cost specified therein, the Contractor shall receive no compensation for any other cost, damage, or delay to him due to the presence of such unsuitable bearing material or other obstruction. SECTION 13, INSPECTION: The Contractor shall at all times permit the County and their authorized agents to visit and inspect the work or any part thereof and the shops where work is in preparation. This obligation shall include maintaining proper facilities and safe access for such inspection. Where the contract requires work to be tested, it shall not be covered up until inspected and approved by the County, and the Contractor shall be solely responsible for notify- ing the County where and when such work is in readiness for inspection and testing. Should any such work be covered without such test and approval, it shall be uncovered at the Contractor's expense. Whenever the Contractor intends to perform work on Saturday, Sunday, or a legal holiday, he shall give notice to the County of such intention at least two working days prior to performing such work, or such other period as may be specified, so that the County may make necessary arrangements. -27- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 14, REJECTIONS OF MATERIALS: A. The Contractor shall promptly remove from the premises all materials condemned by the County as failing to conform to the Contract, whether incorporated in the work or not, and the Contractor shall promptly replace and reexecute his own work in accordance with the Contract and without expense to the County and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal. B. If the Contractor does not remove such condemned work and materials within reasonable time, fixed by written notice, the County may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expenses of such removal within ten (10) days there- after, the County may upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof after deducting all costs and expenses that should have been borne by the Contractor. SECTION 15, INTERPRETATION OF CONTRACT REQUIREMENTS: A. Correlation: The contract documents shall be interpreted as being complementary in requiring a complete work ready for use and occupancy or, if not to be occupied, operation. Any requirement occurring in any one of the documents is as binding as though occurring in all. B. Conflicts in the Contract Documents: In the event of conflict In the contract documents, the priorities stated in subdivisions 1, 2, 3, and 4 below shall govern: 1. Addenda shall govern over all other contract documents, except the County's Standard Form Agreement unless it is specifically indicated that such addenda shall prevail. Subsequent addenda shall govern over prior addenda only to the extent specified. 2. In case of conflict between plans and specifications, the specifications shall govern. 3. Conflict within the Plans: a. Schedules, when identified as such, shall govern over all other portions of the plans. b. Specific Notes, shall govern over all other notes and all other portions of the plans. c. Larger scale drawings shall govern over smaller scale drawings. d. Figured or numerical dimensions shall govern over dimensions obtained by scaling. _28- a �r DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 15, INTERPRETATION OF CONTRACT REQUIREMENTS: (Con't.) 4. Conflicts within the Specifications: a. The "General Conditions of the Contract" shall govern over all sections of the specifications except for specific modifications thereto that may be stated in the Special Conditions. b. Omissions: If the contract documents are not complete as to any minor detail of a required construction system or with regard to the manner of combining or installing of parts, materials, or equipment, but there exists an accepted trade standard for good and workmanlike construction, such detail shall be deemed to have been impliedly required by the contract documents in accordance with such standard. "Minor detail" shall include the concept of substantially identical components, where the price of each such component is small even though the aggregate cost or importance is substantial, and shall include a single component which is incidental, even though its cost or importance may be substantial. The quality and quantity of the parts or material so supplied shall conform to trade standards and be compatible with the type, composition, strength, size, and profile of the parts or materials otherwise set forth in the contract documents. SECTION 16 CLARIFICATIONS AND ADDITIONAL INSTRUCTION: A. Notification by Contractor: Should the Contractor discover any conflicts, omissions, or errors in the contract documents or have any question concerning interpretation or clarification of the contract documents, or if it appears to him that the work to be done or any matters relative there- to are not sufficiently detailed or explained in the contract documents, then. before proceeding with the work affected, he shall immediately notify the County in writing through the Construction Supervisor, and request interpreta- tion clarification or furnishing of additional detailed instructions concerning the work. All such questions shall be resolved and instructions to the Contractor issued within a reasonable time by the County, whose decision shall be final and conclusive. Should the Contractor proceed with the work affected before receipt of instructions from the County, he shall remove and replace or adjust any work which is not in accordance therewith and he shall be responsible for any resultant damage, defect or added cost. B. Field Orders: During the course of the work the Architect and/or Engineer may issue Field Orders regarding the work. These Field Orders will supplement the Plans and Specifications in order to clarify the intent of the contracL documents by adjustment to meet field conditions or to make the various phases of the work meet and join properly. A Field Order involves no change in contract time or price. Performance, partially or in full, of a Field Order shall constitute a waiver of claim for a change in contract time or price for the work covered by the Field Order, unless a Change Order has been issued. C. Change Orders: See Section 22, this Division. -29_ DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 17. DELETED SECTION 18. PRODUCT AND REFERENCE STANDARDS: A. Product Designation: When descriptive catalogue designations, including manufacturer's name, product brand name, or model number are referred to in the contract documents, such designations shall be considered as being those found in industry publications of current issue at date of first invitation to bid. B. Reference Standards: When standards of the Federal Government, trade societies, or trade associations are referred to in the contract documents by specific date of issue, these shall be considered a part of this contract. When such references do not bear a date of issue, the current published edition at date of first invitation to bid shall be considered as part of this contract. SECTION 19. MATERIALS, ARTICLES, AND EQUIPMENT: A. Material shall be new and of quality specified. When not particularly specified, material shall be the best of its class or kind. The Contractor shall, if required, submit satisfactory evidence as to the kind and quality of material. Price, fitness and quality being equal, preference shall be given to products made in California, in accordance with Section 4380 et seq., of the Government Code, State of California. B. Mechanical equipment, fixtures and material shall be delivered in original shipping crates to the job site and the County shall be notified of the receipt of such equipment, fixtures and material before uncrating. The County will, when desired, inspect such equipment, fixtures or material to determine any damage or deviation from that specified. Items damaged during delivery shall be rejected. C. Wherever the name or brand of a manufacturer's article is specified herein, it is used as a measure of quality and utility or a standard. If the Contractor desires to use any other brand or manufacture of equal quality and utility to that specified, he shall make application to the County in writing for any proposed substitutions. Such application shall be accompanied by evidence satisfactory to the County that the material or process is equal to -30- DIVISION G. GENERAL CONDITIONS (Coni.) SECTIGN 19, MATERIALS, ARTICLES, AND EQUIPMENT: (Con i.) that Specified. Request for substitution shall be made in ample time for thr County's consideration as no delay or extra time will be allowed on account thereof. Evidence furnished to the County by the Contractor shall consist of adequate size samples of material, testing laboratory reports on material or process, manufacturer's specification data, field reports on product's app-oval and use by other public agencies, material costs, and installation costs acid maintenance provisions and experience or other data as required by the County, The Countv's decision concerning the refusal or acceptance of proposed substitute for that specified shall be accepted as final. Requests for substitution :Ill only be considered when offered by the Contractor with the reason for substitution, "allure to submit competent evidence as required and requested by County shall be considered grounds for refusal of substitution, The Contractor shall include n notice of change in contract prices, if substitution Is approved. D. All materials shall be delivered so as to insure a speedy and uninterrupted progress of the work. Same shall be stored so as to cause no obstruction, and so as to prevent overloading of any portion of the structure, and the Contractor shall be entirely responsible for damage or loss by weat`,er or other cause. E. Within fifteen (IS) days after the signing of the Contract, the Contractor shall submit for approval to the Counts• a complete list of all materials it is proposed to use under this Contract, which differ in any respect from materials specified. This list shall include all materials which are proposed by the subcontractors as well as by himself for use in work of his Contract and which are not specifically mentioned in the Specifications. F. This list must also include the figures received by the Contractor in bid form for the material or materials which are submitted for approval or substitution, together with the figures in bid form of the specified material or materials for which substitutions are proposed. In case a substitute is offered and accepted as approved equal to materials specified, the cost of which is less than the cost of the material or equipment specified, then a credit shall be taken for the difference between the two costs in order that the County shall obtain whatever benefits may be derived from the substitution. Failure to propose the substitution of any article within thirty-five (35) days after the signing of the Contract may be deemed sufficient cause for the denial of request for substitution. ECTION 20. SHOE' DRAWINGS. DESCRIPTIVE DATA, SAMPLES, ALTERNATIVES: The Contractor shall submit promptly to the County. so as to cause no delay in the work, all shop drawings, descriptive data and samples for the various trades as required by the specifications, and offers of alter- natives, if any. Such submittals shall be checked and coordinated by the Contractor with the work of other trades involved before they are submitted to the County for examination. -31- DIVISION G. GENERAL CONDITIONS (Coni.) SECTION 20, SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES, ALTERNATIVES: (Con't.) The Contractor shall submit to the County five copies of shop or diagram drawings. The drawings shall show completely the work to be done; any error or omission shall be made good by the Contractor at his own expense, even though the work be installed before same becomes apparent, as approval by the County covers general layout only. Fabrication, details and inspection shall conform to approved Contract Drawings. a. Descriptive Data: Submit five copies of each set of manu- facturer's brochures or other data required by the specifications. The County will examine such submittals, noting thereon corrections, and return three copies with a letter of transmittal indicating actions taken by the County or required of the Contractor. b. Samples: Submit samples of articles, materials or equipment as required by the specifications. The work shall be in accordance with the approval of the samples. Samples shall be removed from County property when directed. Samples not removed by the Contractor, at the County's option, will become the property of the County or will be removed or disposed of by the County at Contractor's expense. c. Alternatives: For convenience in designation on the plans or in the specifications, certain materials, articles, or equipment may be designated by a brand or trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as "designated by brand name". An alternative material, article, or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use provided tie Contractor complies with the following requirements: 1. The Contractor shall submit his proposal for an alternative In writing within the time limit designated in the specifications, or if not designated, then within a period which will cause no delay in the work. 2. No such proposal will be considered unless accompanied by complete information, and descriptive data, necessary to determine the equality of the offered materials, articles, or equipment. Samples shall be provided when requested by the County. The burden of proof as to the comparative quality or suitability of the offered materials, articles, or equipment shall be upon the Contractor. The County shall be the sole judge as to such matters. In the event that the County rejects the use of such alternative materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished. _32- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 20. SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES, ALTEMATIVES: (Con i.) The County will examine, with reasonable promptness, such submittals, and return of submittals to the Contractor shall not relieve the Contractor from responsibility for deviations and alternatives from the contract plans and specifications, nor shall it relieve him from responsibility for errors in the submittals. A failure by the Contractor to identify in his letter of transmittal material deviations from the plans and Specifications shall void the submittal and any action taken thereon by the County. When specifically requested by the County, the Contractor shall resubmit such shop drawings, descriptive data, and samples as may be required. If any mechanical, electrical, structural, or other changes are required for the proper installation and fit of alternative materials. articles. or equipment, or because ofdeviations from the contract plans and specifications, such changes shall not be made without the consent of the County and shall be made without additional cost to the County. SECTION 21, SAMPLES AND TESTS: The Contractor shall cause to be performed at his own expense all tests of materials. articles, equipment or other work specified by the contract. The County reserves the right at its own expense to order tests of any part of the work in addition to those specified. If as a result of any such test the work is found unacceptable, it will be rejected and any additional test required by the County shall be at Contractor's expense. Unless otherwise directed, all samples for testing will be taken by the County from the materials, articles or equipment delivered, or from work performed, and tests will be under the super- vision of, or directed by, and at such places as may be convenient to the County. Materials, articles, and equipment requiring tests shall be delivered in ample time before intended use to allow for testing, and none may be used before receipt of written approval by the County. Any sample delivered to the County or to the premises for examination, including testing, shall be disposed of by the Contractor at his own expense within not more than 10 days after the Contractor acquires knowledge that such examination is concluded, unless otherwise directed by the County. SECTION 22, CHANGE ORDERS -- GENERAL: The County reserves the right to order in writing changes in the plans and specifications, without voiding the contract, and the Contractor shall comply with such order. No change or deviation from the plans and specifications will be made without authority in writing from the County. On the basis set forth herein, the contract price shall be adjusted for any change order requiring labor, materials, equipment or quality of materials or equipment over and above that originally required or resulting in lesser quantity or quality thereof. Whenever it appears to the Contractor that a change is necessary, or when so ordered by the County or upon receipt by the Contractor of a proposed change order, the Contractor shall halt work in the area that may be affected. -33- DIVISIc.N G. GENERAL CONDITIONS (Con't.) SECTION 22. CHANGE ORDERS -- GENERAL: (Con't.) Changed work shall be performed in accordance with the original requirements of the contract subject to the sole exception that if previously modified by change order, then in accordance with such original requirements as so modified. -- ORDINARY: A. Procedure -- Proposed Change Orders: The Contractor will be issued a proposed change order describing the intended change upon which, and within 15 days, he shall indicate his proposed price to be added or deducted from the contract sum due to the change, supported by full and completely detailed estimates of cost by the Contractor, vendor, or supplier, and any adjustment in time of final completion of the entire work which is directly attributable to the changed work. The Contractor shall upon request by the County permit inspection of his original contract estimate, subcontract agreements or purchase orders relating to the change. If agreement is reached as to the adjustment in compensation for the performance of changed work, but agreement is not reached as to the time adjustment for such work, then the Contractor shall proceed with the Work at the agreed price, reserving to the Contractor the right to further pursue his claim for a time adjustment. If the Contractor fails to submit his cost estimate within such 15-day period, the County has the right to order the Contractor, in writing, to commence the Work immediately and the contract price shall be adjusted in accordance with the County estimate of cost, unless the Contractor within 15 days following completion thereof presents proof that the County's estimate was in error. B. Procedure -- Failure to Agree as to Cost: Notwithstanding the failure of the County and Contractor to agree as to the cost of the proposed change order, the Contractor upon written order from the County shall proceed immediately with the changed work. The Construction Supervisor shall maintain a daily job record in duplicate containing a detailed summary of all labor, materials, and equipment required for the changed work. Upon being signed and agreed to by the Construction Supervisor and the Contractor at the end of each day's performance, it will become the basis for payment for the changed work. Upon the completion of the work under the change order, the Contractor shall submit his invoice there- for containing only the items of labor, materials, and equipTent which are in addition to the requirements of the contract and as approved by both parties, together with the allowable mark-ups. Agreement and execution of the daily job record by the Construction Supervisor shall not preclude a subsequent adjustment based upon a later audit by the County. When there has been a failure to agree 3s to cost, no payment will be made to the Contractor until completion of all work called for in the change order or in the written order authorizing performance of the :pork, except that when a performance of such work continues for more than ninety days after date of written order to proceed, or aggregates a cost of $2,500 or more, then in either such case, the Contractor may request progress payments for work already accomplished. The written request shall be accompanied by a detailed breakdown of labor, materials and equipment used, based on the daily job cost record agreed on by both parties -34- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 22, CHANGE Or -_GRDINARY: (Con't.) to the contract. Progress payments will be limited to those portions of such work as to which the Contractor and the County can agree on the value of the work payable under the contract. When a proposed change order contains a deletion of any work and the County and the Contractor are unable to agree upon the cost thereof, the County estimate shall be deducted from the contract price unless within 15 days the Contractor presents proof that the County's estimate is in error. C. Allowable Costs Upon Change Orders: The only costs which will be allowed because of changed work and the manner in which such costs shall be computed are set forth in this paragraph. Where the term "actual cost" is used in this subparagraph e, it shall be read to mean "estimated cost" where the adjustment in the contract price is in fact to be based upon estimated costs. 1. Labor: The actual cost to the Contractor for labor, super- vision, and engineering services directly required for the performance of the changed work, including payments, assessment or benefits required by lawful labor union collective bargaining agreements; compensation insurance payments; contribu- tions made to the State pursuant to the Unemployment Insurance Code, and for taxes paid to the Federal Government pursuant to the Social Security Act of August 14, 1935, as amended. No labor cost will be recognized at a rate in excess of the wages prevailing in the locality at the time the work is performed, nor will the use of a classification which would increase the labor cost be permitted unless the Contractor established to the complete satisfaction of the County the necessity for payment at a higher rate. 2. Materials: The actual cost to the Contractor for the materials directly required for the performance of the changed work. Such cost of materials may include the costs of procurement, transportation and delivery if necessarily incurred. If a trade discount by the actual supplier is available to the Contractor, it shall be credited to the County. If the materials are obtained from a supply or source owned wholly or in part by the Contractor, payment there- for will not exceed the current wholesale price for such materials. The term "trade discount" includes the concept of cash discount. If, in the opinion of the County, the cost of materials is exces- sive. or if the Contractor fails to furnish satisfactory evidence of the cost to him from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required. The County reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs or profits on material furnished by the County. -35- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 22, CHANGE ORDERS -- ORDINARY: (Con't.) 3. Equipment: The actual cost to the Contractor for the use of equipment directly required in the performance of the changed work. In com- puting the hourly rental of equipment, any time less than 30 minutes shall be considered one-half hour. No payment will be made for time while equipment Ir inoperative due to breakdowns or for non-working days. In addition, the rental time shall include the time required to move the equipment to the work from the nearest available source for rental of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading, and trans- portation costs will be paid in lieu of rental time therefor. However, neither moving time nor loading and transportation costs will be paid if the equipment is used on the project in any other way than upon the changed work. Individual pieces of equipment having a replacement value of $1,000 or less shall be considered to be tools or small equipment, and no payment therefor will be made. For equipment owned, furnished, or rented by the Contractor, no cost therefor shall be recognized in excess of the rental rates established by distributors or equipment rental agencies in the locality where the work is performed. The amount to be paid to the Contractor for the use of equipment as set forth above shall constitute full compensation to the Contractor for the cost of fuel, power, oil, lubrication, supplies, small tools, small equipment, necessary attachments, repairs and maintenance of any kind, depreciation, storage, Insurance, labor (except for equipment operators), and any and all costs to the Contractor incidental to the use of such equipment. 4, Subcontracts: The actual cost to the Contractor for work performed by a subcontractor. The subcontractor shall compute his costs as set forth in this sub- paragraph c, except that mark-ups shall be computed in a manner customary to the trade or industry in which the work is performed. 5. Mark-ups: All percentage mark-ups shall be computed independently, based on total allowable costs, and then summed. (a) For Added Work: When work is added, the Contractor may add as a mark-up to the totals of any other allowable costs the fol- lowing percentages: Labor - 10 percent for overhead, 10 percent for profit, 1 percent for bonds. %laterials and Subcontractors - 5 percent for overhead, 10 percent for profit, and 1 percent for bonds. Equipment - 5 percent for overhead, 10 percent for profit, and 1 percent for bonds. (b) For Deleted Work: When work is deleted. there shall be added as mark-up 10 percent of such other allowable costs for overhead, profit, and bonds. -36- • i DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 22. CHANGE ORDERS -- ORDINARY: (Can't.) c. For Combination of Added and Deleted Work: For change orders which involve both added and deleted work, the contract price will be adjusted based on the following computations: The cost before mark-ups of added and deleted work shall each be separately estimated; if the difference between such costs results in an increase to the contract price, the mark-up for added work shall be applied to such difference, and if the difference in such costs results in a decrease, then the mark- up for deleted work shall be applied to such differences. d. Allowable Time Extensions: For any change in the work, the Contractor shall be entitled only to such adjustments in time by which completion of the entire work is delayed due to performance of the changed work. Each estimate for a change in the work submitted by the Contractor shall state the amount of extra time that he considers should be allowed for making the requested change. Failure to request extra time when submitting such estimate shall constitute a waiver of the right to subsequently claim any adjust- ment in time for final completion based upon such changed work. 6. General Limitation: In no event shall any actual cost to the Contractor for added work be recognized in excess of market values prevailing at the time of the change, unless the Contractor can establish to the complete satisfaction of the County that he investigated all possible means of obtaining such work at prevailing market values and that the excess cost could not be avoided by him. Notwithstanding actual charges to the Contractor for overhead and profit on work performed or furnished to him by others, no such mark-ups will be recognized or considered in excess of those prevailing in the trade or industry. The County shall be the judge of the necessity for incurring the costs enumerated above, and as to whether they are directly required for the performance of the changed work, and his decision thereon shall be final. Lump sum quotations may be accepted at the option of the County. When a change order deletes work from the contract, the computation of the cost thereof shall be the values which prevailed at the time bids for the work were opened. EMERGENCY CHANGES: Changes in the work made necessary due to unexpected or unforeseen site conditions, discovery of errors in plans or specifications requiring immediate clarification in order to avoid a serious work stoppage, or changes of a kind where the extent cannot be determined until completed, or under any circumstances whatsoever when deemed necessary by the County, are types of emergency changes -37- , DIVISION G. GENERAL CONDITIONS (Con't.) EMERGENCY CHANGES: (Con't.) which may be authorized by the County in writing to the Contractor. The Contractor shall commence performance of the emergency change immediately upon receipt of a written authorization. A daily job record shall be maintained. Within 15 days after receiving the emergency change order, the Contractor shall submit a detailed estimate of cost and any proposed extension in contract time. If agreement is not reached as to adjustment of contract price on the basis of said estimate, then the daily job record shall constitute the basis upon which the contract price shall be adjusted in the same manner as set forth for change orders. In the event agreement is not reached as to time adjust- ment, it shall not affect agreement as to contract price adjustment, but Contractor shall have the right to pursue a claim for time extension. The allowable costs which are authorized are those set forth. SECTION 23, LABOR: Every part of the work shall be accomplished by workmen, laborers. or mechanics especially skilled in the class of work required and workmanship shall be the best. SECTION 24 OCCUPANCY BY THE COUNTY PRIOR TO ACCEPTANCE: The County reserves the right to occupy all or any part of the project prior to completion of the work, upon written order therefor. In such event, the Contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the County. Such occupancy does not constitute acceptance by the County of the work or any portion thereof, nor will it relieve the Contractor of responsibility for correcting defective work or materials found at any time before the acceptance of the work as set forth in Section 29 or during the guaranty period after such acceptance, as set forth in .Section 27. SECTION 25. PRESERVATION AND CLEANING: A. The Contractor shall protect and preserve the work from all damage or accident, providing any temporary roofs, window and door coverings, boxings or other construction as required by the County. This shall include any adjoining property of the County and others. B. The Contractor shall properly clean the work as it progresses. As directed during construction, rubbish shall be removed, and at completion the whole work shall be cleaned and all temporary construction, equipment and rubbish shall be removed from the site, all being left in a clean and proper condition satisfactory to the County. SECTION 26 PAYMENT OF FEDERAL OR STATE TAXES: Any Federal, State or local tax payable on articles furnished by the Contractor, under the Contract, shall be included in the Contract price and paid by the Contractor. The County will furnish Excise Tax Exemption Certificates to the Contractor for any articles which are required to be furnished under the -38- DIVISION G. GENERAL CONIMONS (Con't.) • SECTION 26. PAYMENT OF FEDERAL OR STATE TAXES: (Con't.) Contract and which are exempt from Federal Excise Tax. SECTION 27. ACCEPTANCE: A. The work shall be accepted in writing only when it shall have been completed satisfactorily to the County. Partial payments shall not be construed as acceptance of any part of the work. B. In judging the work no allowance for deviations from the drawings and Specifications will be made, unless already approved in writing at the time and in the manner as called for heretofore. C. County shall be given adequate opportunity to make any neces- sary arrangements for fire insurance and extended coverage. D. Final acceptance of the contract will not be given until all requirements of the contract documents are complete and approved by the County. This shall include, but is not limited to, all construction, guarantee forms, parts list, schedules, tests, operating instructions, and as-built drawings - all as required by the contract documents. SECTION 28. FINAL PAYMENT AND WAIVER TO CLAIMS: After the official acceptance of the work by the County, the Contractor shall submit to the County, on a form acceptable to the County, a request for payment in full in accordance with the contract. The form "Statement to Accompany Final Payment" shall be completed, signed by the Contractor and submitted to the County with the final payment request. SECTION 29. GUARANTEE: The Contractor hereby unconditionally guarantees that the work will be done in accordance with the requirements of the contract, and further guarantees the work of the contract to be and remain free of defects in workman- ship and materials for a period of one year from the date of acceptance of the contract, unless a longer guarantee period is specifically called for. The Contractor hereby agrees to repair or replace any and all work, together with any other adjacent work which may be displaced in so doing, that may prove to be not in its workmanship or material within the guarantee period specified, without any expense whatsoever to the County, ordinary wear and tear and unusual abuse or neglect excepted. Contract bonds are in full force and effect during the guarantee period. The Contractor further agrees, that within 10 calendar days after being notified in writing by the County of any work not in accordance with the requirements of the contract or any defects in the work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time, and in the event he fails to so comply, he does hereby authorize the County to proceed to have such work done at the Contractor's expense and he will pay the cost thereof upon demand. The County shall be entitled to all costs, including reasonable attorney's fees, necessarily incurred upon the contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the County's -39- i r DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 29. GUARANTEE: (Con't.) employees, property, or licensees, the County may undertake at the Contractor's expense without prior notice all Work necessary to correct such hazardous conditions when it was caused by Work of the Contractor not being in accordance with the requirements of this contract. The general contractor and each of the listed subcontractors shall execute and furnish the County with three (3) copies of the standard guarantee form. (See attached form) -40- GUARANTEE FOR CONTRA COSTA COUNTY BUILDING MARTINEZ, CALIFORNIA We hereby guarantee to the County of Contra Costa the (Type of Work) which we have installed in the (Name of Building) , California, for year (s) use from date of filing of the completion notice in the Office of the County Recorder. We agree to repair or replace to the satisfaction of the County any or all such work that may prove defective in workmanship or materials within that period, ordinary wear and tear and unusual abuse or neglect excepted, together with any other work which may be damaged or displaced in so doing. If we fail to comply with the above mentioned conditions within a reasonable time after being notified in writing, we, collectively and separately, do hereby authorize the owner to proceed to have the defects repaired and made good at our expense and we will pay the costs and charges therefore immediately upon demand. This guarantee covers and includes any special terms, including time periods, specified for this work or materials in the plans and specifications for this project. This guarantee supersedes any previous guarantees we have made for this particular project. SUBCONTRACTOR Date: (Affix Corporate Seal) GENERAL CONTRACTOR Date: (Affix Corporate Seal) NOTE: If the firm is not a corporation, add a paragraph stating the type of business organization and the capacity and authority of the person signing the guarantee. _.41_ FORM STATEMENT TO ACCOMPANY FINAL PAYMENT To: Contra Costa County Public Works Department County Administration Building Martinez, California Re: Final Payment (Project) Dear Sir: The undersigned Contractor represents and agrees that the final payment includes herein all claims and demands, of whatever nature, which he has or may have against the County of Contra Costa in connection with the contract to construct the above-entitled project, and thaL payment by the County of the final estimate shall discharge and release it from any and all claims. The undersigned hereby certifies that all work, labor, and materials on this project have been furnished and purchased in full compliance with the contract and with all applicable laws and regulations. The undersigned states that his claim for final payment is true and correct, that no part has been theretofore paid, and that the amount therein is justly due. I declare under penalty of perjury that the foregoing is true and correct. Dated , at (City) , California. _42- T i TOT,!-:1C SYSTE-1• 1st & 2nd Floor - Finance Building :Martinez - CaIifornia SPEC7A?. CO.*ZDTTTONS 1. All equipment and parts removed by the contractor shall remain the property of the County unless otherwise indicated, and delivered to the Building Maintenance Warchouse, 1619 Shell Avenue, Martinez, California or as directed by the Engineer. 2. All work shall be accomplished in strict- compliance with all applicable building codes, ordinances, and regulations. 3. All installations shall be per the respective manufacturer's recommendation, unless otherwise specified herein. 4. If, during the work, the contractor or his forces mar, damage, or deface County i property, such shall be cleaned, repaired, or otherwise restored by the contractor i to its original condition. 5. The contractor shall maintain a clean and protected operation. Contractor shall ! f keep the floors broom clean. 6. [Dater and power are available in the Finance --Building Jlst&2nd Floor, and may � be used by the contractor at no expense to the contractor. Contractor to provide proper and approved connections to existing utilities as required, and to remove same t after work is completed. •7. The contractor and his forces may use the public toilet facilities in the building. 8. Contractor's forces may part: in unreserved County lots on a space available basis. i 9. All necessary arrangements to reserve street parking stalls with the City ofj,:artinez r shall be made by the contractor. 10. Inspection of Site: Make appointments• to inspect the site with the Building r r t Projects Division, Telephone ?:umber 228-3000, extension 2146. €�€ t 11. The building is occupied and will remain so throughout the course of the work, but employees will sub.-nit to being moved as necessary to enable the contractor z i to do the work. ` -43- • z ! hitt comi)1TIOid-I'i:G SYST 1st & 2nd. Floor - Finance Building •fartinez - California SPECIAL CONDITIONS (Coni.) s 12. Coordination to move employees shall be made in advance with the Engineer. At least one working day advance notice is required. 13.• Contractor may store material on the first floor in the place shown on the plans - indicated as Reception and Secretary. i 14. Contractor shall arrange in advance, through the Engineer, for access to site if Contractor's working hours do not coincide with the normal operational hours of the office personnel. f i E ' f t i . i 1 3 I i i t j • f • E i R -44- 1 F• TEC.HNIGAI, DIVISIONS DIVISION I Site Work DIVISION II Carpentry ---DIVISION III Hardware a DIVISION IV Finishes DIVISION V Cooling. System DIVISION VI Testing and Balancing DIVISION VII Electrical ; Division I Section I A Demolition TECul1IC: L DIVISIO?QTS I A. Demolition: A. Scope 1. Work includes all labor, materials, transportation, equipment, and services required to complete the demolition work as shown on the plans and as specified herein. 2. Work included in this section: a. Cutting of holes for duct work thru existing walls & ceilings b. Cutting of holes for duct work thru concrete roof deck. c. Removal of two windows for installation of window louvers. 3. Work included in other sections: a. Repair of blemished surfaces. b. Patch and painting of walls and ceilings damaged. c. Installation of window louvers. B. EXECUTION 1. All holes to be cut in wall, ceilings and roof areas shall be cut before or after county working hours ($:00 A.M. to 5;00 P.I4. ) 2. All desks, tables, chairs and equipment near each hole cut shall be covered. 3. All debris and other material shall be removed from the job site before the start of each county work day. Broom clean all areas worked in. -45- • DIVISION II Section 11 A Rough Carpentry T=CH:• ICAL DIVISIOii 11 A. RCU H CARE-ENTRY A. SCONE 1. Work includes all labor , materials , transportation, equipment, and services required to complete the rough carpentry work as shown on the plans and as specified herein. 2. Work included in this section: (Materials listed ) Installation of steel studs , U.S. Steel or equal , size 3 5/8"x 1 3/8". Install according to 1'+Ianufacturer 's Specifications. Install 5/8" sheetrock, both sides of steel stud, U.S. Gypsum or equal, with interlocking joints. Secure according to Man- ufacturer 's Specifications. Tape ,points., Install 3" bat insulation , stock, per Manufacturer's Specif- ications. B. Execution Installation shall be in a first-class workmanlike manner , all in accordance with the plans and these specifications. -46- 0 DIVISION III TECiRITCAL DIVISIONS Section III A -" Finish Hardware III A. FIivISH FLARDWARE A. SCOP 1. Work includes all labor, materials, transportation, equipment, and services required to complete the finish hardware work as shown on the plans and as specified herein. 2. Work Included in this Section: a. All hardware required for new doors. 3. Work Included in other Sections: B. . SPECIAL REQUINLMENTS: 1. Contractor shall consider the ordering of hardware as a first order of work. 2. Contractor shall submit for County approval a complete list of all proposed hardware, to include manufacturers descriptive literature. C. MATERIALS: 1. Lock sets shall be Sargent, 8G04 FR US 28, or equal in LE keyway (6 P) . 2. Hinges, one and one-half pair per door, shall be Lawrence, BB4101, US 28, or equal. 3. Door stops shall be Sargent, 3380 US 28, or equal. 4. Strikes shall be Sargent, 2-3/4", 800 Series US 28, or equal. D. EXECUTION• 1. Installation shall be accomplished in a first-class, workmanlike manner, all in accordance with the plans, these specifications, and the manufacturers' recom- mendations. 2. Install backing, attachments, and connectors, all as necessary to properly complete the work. 3. Locks will be pinned by the County. -47- DIVISION IV Section IV A Painting TECHNICAL DIVISIONS IV A. PAINTING A. SCOPE• 1. Work includes all labor, materials, transportation, equipment, and services required to complete the paining as shown on the plans and as specified herein. 2. Work Included in this Section: a. Painting all new 'walls b. Painting all patched and remodeled areas Gatch existing ) c. Field painting doors and frames 3. Work included in Other Sections: a. Repairing of blemished surfaces (Section IV B) b. Patching Remodeled areas (Section IV A)• B. KhTERIALS: 1. Paint shall: be first--line as manufactu-ted by Fuller, DuPont, Pittsburg, or equal. 2. All other painting materials such as stains, putty, lacquer, solvents, etc., shall be pure and of the highest quality. s 3. Color and texture shall match similar existing surfaces in the building. Final selection and approval shall be by the Engineer. 4. Material shall be delivered to the job-site in original, unopened containers bearing the manufacturer's label. C. EXECUTION• 1. Preparation: F F a. Surfaces shall be free from dust, dirt, grease, or other substances which might impair durability or appearance of finish. b. Cracks, indentations, damaged areas, and other imperfections shall be repaired as required to ensure, an acceptable finished appearance. } (only areas worked on under this contract) c. Surfaces shall be sanded as necessary to ensure positive adherence of each coat of paint. -48- I)%V 7:,ja?: Iv SCLC ion 1V A Painting 1'TCfL'?ZC .). DIVISION'S IV A. 1,A1, TT,,,G (Coa't.) C. 1; 1 C1j 7o??• (C:on't.) 2. Application: a. Wood First Coat: Undercoat Second Coat: Enamel b. Other existing surfaces, including those areas to be painted under this contract-shall receive a ninim:ic, of two coats and necessary proper preparation. , 3. General Notes: a. Adulterations are prohibited. No thinning without the Engire er's approval. b. Consistency of paints shall be smooth,,uriform, and of good brushing consistency. Punning or sagging after application or significant settling in containers not acceptable. Paint should be dry to the touch within eighteen (18) hours. c. bo all sizing required to neutralize harmful substances in the base and to overcome unequal suction. Such coats shall be in addition to the minimum required coats as specified. d. Apply finishes with brush only, spread evenly and brush thoroughly into all corners, cracks, and crevices. 110 SPRAY PAINTING.- e. Between coats allow the previous finish to dry and sand and/or clean v surfaces as necessary before applying next coat. f. Field painting of doors shall include all four edges as well as both faces. . •Coverage shall, be complete. Where color undercoats, hot spots, etc. show through, the wort: shall be covered- by additional coats until the finish is of uniform color and appearance. E -49- DIVISION IV Section IV B Repair of Blemished Surfaces TECII:dICAL DIVISIONS IV B. REPAIR OF 1;LI_?IISIIIiD SURFACES A. SCOPE: Wort: includes all labor, materials, transportation, equipment, and services as required to complete the repair of blemished surfaces as shown on the plans and as specified herein. B. MATERIALS: All materials shall be equal in quality to existing. Colors, textures, and finishes shall match, as close as is possible, the adjacent surfaces. C. EXECUTION: All ceiling tile, floor tile, wall finishes, and other surfaces which become blemished due to the contractor or his forces, or are blemished due to existing walls, floor outlets, etc., which are to be removed, shall be cleaned, repaired, replaced, or otherwise restored to match adjacent surfaces. 7 R i r f f -50- . • i DIVISION IV Section IV C Miscellaneous Trim TEMNICAL DIVISIONS IV C. I•ISCELLAN'EOUS TRIM A. SCOPE: 1. 14ork includes all labor, materials, transportation, equipment, and services as required to complete the trim work as shown on the plans and as specified herein. 2. Work Included in this Scction: a. Furnish and install aluminum trim b. Furnish and install top set rubber base , 3. Work Included in other Sections: a. All painting trim (Section IV A) B. I'MERIALS: 1. Aluminum trim shall be anodized, and of standard manufacture. 2. Rubber top set cove base shall be four (4) inches high with factory premolded exterior and interior corners and end stops, as manufactured by Burke Rubber' Company, or equal. Color to be selected by the Engineer. C. EXECUTION: 1. Aluminum trim shall be installed with oval-head screws. 2. Top set rubber base, shail be installed with Burke Waterproof Cement, or equal. -51- r� 'I`i?Cifi;IC_:L i_?Ii1I'�TJ_'d � rection V A Cooling System V—A COOLTl:j «ll of the ,-eneral provisions of these specifications, and all other mFitter incorporated Nei-oin, etre a part of these particular specific-tions rind thuy are to completely govern the contract and execution of all work under this heading. SCOPE OF WOR,-'k: 6,IorkIncl.uded: Under this division is included all materials labor, powor tools, services and equipment necessary for and/or incidental to: A. The complete installation of all ventilating and air conditioning work shown on the drawings and/or herein specified. It is the intent of the drawings and specifications that all systems shall be complete, tested and ready for use. WORK INCLUDE UNDER OTHER HE-ADINGS A. Power circuits, from electrical panelboards and connections to disconnect switches, starter:30 motors. B. Electrical conduits (except temperature control conduits) C. Painting, except as specified herein. RULES AND REGULATIONS: All work and materials shall be in full accordance with the latest rules and regulations of the State Department of Public Health, State mire .'Marshal; the Safety Orders of the Division of Industrial Safety; the National Electric Code, Local City and County Codes; and other applicable state and county laws or regulations. Nothing in these plans or specifications is to be construed to permit work not conforming to these codes. Where standards of the drawings and specifications for materials and/or workmanship are higher than the requirements of the documents cited above, the drawings and specifications shall take precedence; otherwise the documents shall govern. Furnish without any extra charge any additional materials and labor when required for the compliance with these rules and regulations, though the. work is not mentioned in these parti- cular specifications or shown on the plans. VISIT TO SITE: Contractor shall visit the site of the building, take his own measurements and obtain such other information as may be neces- sary for his bid. No allowance will subsequently be made for any error; or omission on the part of the bidder in this connection. See Special Conditions for access to building. PERMITS AND FSES: Building permits will be obtained by the County at no cost to the s# Contractor. s c -52- IrISYtCZIO: :�; ;QJ iaai•tZ'? 315 and i•:ork covered by t1he3e specifications shall. be subject to i.nypection at any tand all times by the EnZineer. Contractor shall notify the Engineer of his construction schedule in order that inspections inay be made at proper tunes, I-!nd shall not cover o. conceal any work prior to inspection. In event of such concealment, Contractor shall make uninspected work accessible to the Engineer at no cost to the County. SERVICES: Power will be supplied and connected to disconnect switches by the County. GRILLES, REGISTERS AND DIFFUSERS: The code symbols on the drawings are listed below to indicate the make and model which is to be used, or equal in quality and utility. The drawings indicate the sizes and air quanti- ties. Units shall have standard factory finish. Mark Description Make and Model SR Supply Register (1st Flr. ) Kruger 880-V or Equal SR Supply Register (2nd Flr. ) Kruger SH Series or Equal RR Return Register (1st Flr. ) Kruger or Equal RR Return Register (2nd Flr. ) "Kruger or Equal EX Extractors Kruger EX-88-C AIR CONDITIONING UNITS: The air conditioning units shall consist of the following: a. (lst Floor) Two (2) A/C units shall be Carrier 50 BD 016-4.10 or equal (approved by Engineer on job) , 15-ton cooling, 208 V/ 3-phase, with 2-HP (208-3-60) 1750 RPM evaporator motor, & 5-HP (208-3-60) 1750 RPM condenser motor. b. (2nd Floor) One (1) A/C unit shall be Carrier 50 DA 016-410 or equal (approved by .Engineer on job) , 15-ton cooling, _ 208 V/ 3-phase, with two (2) 3/4-HP each (208-3-60) 1140 RPM evaporator motors, 3-HP (208-3-60) 1725 RPM condenser fan motor. c. (2nd Floor) One (1) A/C unit shall be Carrier 50 DA 024-400 s or equal (approved by Engineer on job) , 20-ton cooling, 208 V/ 3-phase. with two (2) 1-HP each (208-3-60) 1075 RPM & 111. O RPM evaporator motors, 5-HP (208-3-60) 1725 RPM ' condenser motor. d. Two (2) factory built galvanized steel duct adapters. Install adapters on Cooling Units located on roof. / e. Air filters shall be Standard Velocity (throw-away and cleanable type) factory supplied with the units in the following sizes: � -53- t e. Air Filtev continued) 0 50 IID 016 unit - - - - - 3- 20t' x 25 x 2" (throw-Away) 3- 16" x 25" x 2" (throw-away) 50 D1? 016 unit - - - - - 2- 20" r 25" x 1" (cleanable) 2- 20" x 20" x 1" (cleanable) 50 D 024 unit - - - - - 4- 20" x 2.0" x 1" (throw—away) 6- 16" x 20" x 1" (throw-away) f. Controls: Duct-stats (1-per unit) shall be Honeywell Controls or equal. Locate in Return Air Lines and as directed by the Engineer. g. Fire Dampers: Fire dampers, iP required, shall be Foreman Supply Co. 7standard) or equal and of sufficient size to permit flow of air required. Dampers shall have State Fire Marshal' s approval. h. Ducts: All ducts shall be constructed of galvanized sheet steel of USS gaur-e in accordance with the latest A.S.H.R.A.E. Guide, and the Building Code Standards of the N.S.F.U. 90 A. Insulate all ducts, as shoran on plans, with 3/4" thick Owen-Corning Fiber las, Type 705-FF, or equal. Install according to Manufacturers specifications. COORDINATIONT WITH ELECTRICAL WORK ON CONTROLS: Coordination between this Contractor and Electrical Contractor on controls shall be as follows: a. Responsibility for furnishing all controls, including thermostats, auxiliary switches, transformers, relays, starters is furnished in Cooling Specifications. b. All control and interlock wiring including conduits shall be furnished and installed by the electrical contractor, including all low voltage wiring. c. Installing Contractor shall review all wiring connections which have any influence on his equipment or work and verify that the connections are correct before permitting any equipment which is furnished, installed or modified under this contract to be operated. y d. Installing Contractor shall assume responsibility for correct electrical connection and protective devices described above by giving permission to operate the equipment furnished or installed under his cont act. i y COORDINATION WITH ELECTRICAL WORK ON MOTORS: ` Coordination between this Contractor and Electrical Contractor t on motors shall be as follows: a. Motors required for operation of cooling equipment shall be # furnished and installed under cooling work. r f -54- ill TilWJICIVRIr:th :IGc :� vii I•i0T0i{:I: 4-lontinued) b Alp�ijzl .t-ic st^.rter with nroner o,erlo d protections for 7rotor co.Jt:rrol iF ci -{.X11. be furnist:ed LlndcZ' coolinG work for each motor 1/2•-IIP and larger. c. All code-required disconnect scritr.h.s, conduit and con- nections to electric motors and controllers will be furnished and installed under Electrical work. CL EA NI NG: Before turning the job over to the Owner, the Contractor shall. carefully clean all exposed equipment, and grease and oil any mechanical apparatus requiring some. Equipment shall present a neat and attractive appearance. All filters shall also be cleaned. PERI-IT SSIBLE SOUND LEVEL: A maximum sound level on a N.C. curve of 35 shall be transmitted by ventilating system due to air noise, equipment vibration or sound transmission th_ ough the ductwork and at air outlets. Contractor shall install additional duct lining, sound traps or other approved methods to lower noise to the prescribed N.C. curve level, without additional cost to the Owner. TESTS: ' Contractor shall adjust all controls for proper operation, and demonstrate proper functioning of all equipment, including proper air quantities and air distribution. Air quantities shall be substantially as shown on plans, and a balancing report, with two copies, shall be sent to the Superintendent of Building Maintenance showing all air quantities recorded. Adjust fan speeds as required for proper air quantity and correct any conditions of vibration or excessive noise, to the Superintendent of Building Maintenance satisfaction. Contractor shall, as a part of his work, furnish all labor and equip- ment necessary to testing. Tests shall be made in the presence of the Superintendent of Building Maintenance, and during the testing period, Contractor shall instruct such persons as the Superintendent of Building Maintenance may designate in the proper care, mainten- ance and operation of the systems. In the event of tests showing unsatisfactory operation of equipment, tests shall be repeated after repairs or adjustments are made until a satisfactory test is obtained. OPERATING I NST,iUCTIONS: Upon completion of the work, submit to the Superintendent of Building Maintenance, for approval and delivery to the Owner, three copies of complete operating instructions covering the operation, care and maintenance of the heating apparatus. Theae instructions shall designate each important piece of equipment by a number or initial, and esch. ouch, piece of equipment shall bear a substantial tag with the corresponding number stamped thereon. Post service telephone numbers in the heater rooms. A schedule of recommended periodic maintenance, such as filter servicing and oiling equipment shall be set up and posted. -55- Contractor shall provide to the Owner, a complete reproducible as-built drntwin;r showing- all ch:n:; t es ana additions o the ori.Einal contract drawings. GUn Rte IiTn F' Contractor shall, as a part of the work, guarantee the satisfactory operation of all materials and equipment installed under this con- tract and shall, without additional cost to the Owner, repair, replace or reinstall, to the satisfaction of the Superintendent of Building Maintenance, any material, equipment and/or workman- ship which msy prove defective, hazardous or unsatisfactory during the period of one year after final acceptance, s I f { r t C f C ` k G F i1 i i { r r -56- r ' � � DIVISION V1 Section VI-A • Testing and Balancing TECIINIML DTVISTUNS VI-A. TLSTING ANI) 1ilIANCTm, A. SCOPL: 1. ]Work includes all labor, materials, transportation, equipment, and services as required to complete the testing and balancing of the air conditioning system in accordance with these specifications. B. TESTING AND Tir:lA MING: 1. All new ducts shall be completely cleaned before malting final connections and before testing. This operation shall be done with the Contra Costa County representative present and shall meet his approval. 2. The heatin.- and ventilating system shall be tested and balanced by an independent- contractor specializing in the testing and balancing of air systems. The heating and ventilating systems shall be tested as hereinafter specified and shall be approved by the Engineer before final acceptance. 3. All duct, ceilin;, diffusers, grille readings shall be made with Anemotherms, Velometers, or other instruments of recent calibration. The instruments used shall be those recommended by this manufacturer. All readings on larger air intakes, coil banks, and filter banks shall be made with an Anemometer. All static pressure readings shall be taken with an incline Manometer. All reports shall be signed by a registered mechanical engineer member of the balancing firm. The following information shall be recorded during the air balance: Design and actual cfm and fpm for each main, branch main, and branch duct, including individual supply outlets and returns. 4. Allowance shall be made for air filter resistance at the time of the tests. The room air supply shall be plus or minus ten percent from the design air quantity for rooms with an air supply of under 1000 cfm and plus or minus five percent where air supply is 1000 cfm or mare. In rooms with multiple supply outlets, the air supplied shall be within plus or minus five percent of the design air quantity. However, the total air supply to the entire floor shall be within plus or minus two percent of the design air quantity. Exhaust air quantities shall conform to the above degree of accuracy. 5. Balance Inspection: The correct balance of the mechanical systems is considered the essence of the mcchanical pork. upon completion of the balancing and receipt of balance report by the Engineer, the Contractor shall provide : ucli :,,an az are necessary to assist the Engineer in checking the system balance. The Contractor shall provide ladders and such other items required to check the system. -57- i- 0 DIVISION VI Section VI B Testing and Balancing TECHNICAL DIVISIONS VY B. TESTING AND RALAIJCING b. Final Balance Inspection; If during the above balance inspection, any portion of any system is found in improper balance due to lack of adjustment, that system shall be rebalanced and a new report shall be submitted. The rebalance shall be checked during the final inspection, and if again found improper,.: Contractor shall again rebalance that system to the satisfaction of the Engineer. .iI i l t 1 a a -5$- 0 �DIVI DI01" VII s C�l,��l C��I, I)I`JISTG.I Sectio; VII Electrical i VII-A F.'I,LOTR1 :ail 1. GEIdH'.i;r1i, COk,rDI7110.1i C; ' The Gcreral Conditions of this Contract are a part of j this ' specification. {j f 2. SCOPE: ' Furnish all labor and materials necessary for a complete wiring system to outlets and all equipment shaein on the ! drawings or covered by this section of the specifications. i In general, the work included is as follows: a. Complete system of branch circuit wiring and equipment for lights, plugs and power. b. Furnish and install lighting fixtures, wall switches, and 208-V/ 3-phase outlets, as shown. c. Furnish, install and connect switches, etc. , required for equipment covered by other sections of this specification. d. A11 labor and material necessary to complete the electrical installation in a first class manner and in accordance with the full intent and meaning of the drawings and specifications, whether or not shown y on the drawings or called for in this specification. 3. RULES AND REGULATIOi`;S: All work and materials shall be in full accordance with the latest rules and regulations of the National Electrical Code, of the State Fire Marshal, the safety orders of the i Division of Industrial Safety of the Department of Indus- k trial Relations of the State of California, and with any applicable State or local laws or ordinances. Nothing in these plans or specifications is to be construed to permit i work not conforming to these codes. t 4. PEMMI TS AND FEES: The permits necessary to the prosecution and completion of the work will be obtained by the County at no cost to the Contractor. 5. APPROVAL OF MATERIALS: ! a. Within fifteen (15) days after award of contract, a complete list in quadruplicate of materials and equipment proposed shall be submitted to the Engineer for approval. No equipment or material shall be E -59- Electrical - 2 inotnlled :•:itrotit the 'n:�ineerl s approval and the En!i.neer -,-,y direct that- tiny un,ipproved material and/ or equipment shall be removed and replaced with items selected by him without change in contract price. b. The list of material submitted for approval shall include catalog and other descriptive data as may be required, properly identified and manufacturer' s drawings of panelboard and switchboard. 6. EXAMINATION OF SITE: The Contractor shall be held to have examined the site and compared it with the specifications and to have satisfied himself as to the conditions under which the work is to be performed. He shall be held responsible for all existing conditions, whether or not accurately described. No allowance shall subsequently be made on his behalf for any extra expense to which he may be put due to failure or neglect on his part to make such examination. 7. ELECTRIC SERVICE: Electric service shall be as shwon on the drawings, sup- plied from the existing main distribution panel by the County. Voltage is 120/208, 4'wire, Star, 3 phase. 8. . 14ATERIALS: All electrical materials shall be new and listed by the Underwirters Laboratories, Inc. , shall meet their require- ments and shall bear their label wherever standards have been established and label service is regularly furnished by that agency. 9. CONDUIT a. Conduit 1" and smaller for branch circuits may be thin wall electric metallic tubing except for conduit in or below floor slabs direct on the ground and other moist locations, which shall be rigid galvanized. Each length shall be of an approved make and shall bear the label of the National Board of Fire Under- writers. Sizes required .by the latest issue of the National Electrical Code or as noted on the plans shall be installed. Include all conduit for control wiring. -60- • . Electrical - 3 10. 01TPLE-,"j.S Outlet boxes of a type to satisfy the conditions for each outlet shall be employed and shall be installed in a riCid and satiyfactory manner by suitable scre: o. Fixture outlet boxes on ceilin;;s shall be 4" octagonal or !.-11/16" square, as required, fitted with plaster rings and set to come fluoh with finished surface. Switch and rece_ntacle outlet boxes shall be shallow or deep type as required, fitted with plaster rings and set to come flush with finished surface. b. The location of outlets as shown on the drawings should be considered as approximate only. Study the general building plans with relation to spaces surrounding each outlet in order that this work may fit i the work under other headings and when fixtures or other equipment are installed, they will be symmetri- cally located according to room layout. E 11. CONDUCTORS: � f a. No wire smaller than 7#12 shall be used in any branch circuit for lights and plugs. Conductors shall be continuous from outlet to outlet and no splice made except within outlet or junction boxes. All wiring shall be type :i or TW. All splices shall be mechani- cally and electrically perfect, properly soldered and i insulated with the requisite amount of rubber and friction tape. t b. All wire and cable shall be color coded, shall bear the Underwirters' label, and shall be brought to the job in unbroken packages and approved by the Engineer before being installed, t 12. BRANCH CIRCUIT KRING: The drawings accompanying this specification indicate generally the routes of all branch circuits as far as it is necessary for clearances. All runs to panel have been indicated merely as starting from the nearest outlet and pointing in the direction of the panel. Continue all such circuits and conduits. to the panel as though the routes were completely indicated. Provide linen tag on all circuit , wires in panel for identification. r -61- . t i • 0 t Electrical - Z� 13. MISCeLMN :0us rQUIPMrINT: rurnish and install service wiring and externally operated switches where shown and/or required, and make connections to rotors, starters, controls, pushbuttons, etc. , for various cooling and power equipment furnished under the Air Conditioning Division of these specifications. 14 . FUSES: Equip all fuse holders and s=nitches with fuses of the proper type and size. All enclosed fuses shall be Economy Renewable, or equal in quality and utility. All fuses blown during testing of operation before final acceptance of the completed installation --hall be replaced by the Contractor at his exuense. 15. . INSPECTION AND TESTS: a. The Engineer, the Electrical Inspector, or their authorized representatives, shall have the right to make inspections of progress, materials and workman- ship at any time. b. The entire installation shall be free from short circuits and improper grounds. Tests shall be made in the presence of the Engineer or his representative. Panels and circuits shall be tested for grounds and shorts with mains disconnected from feeder, branches connected and switches closed, all fixtures in place and permanently connected, lamps removed or omitted from the sockets, and all wall switches closed. Each individual circuit shall be tested at tha panel with equipment connected for proper operation. c. A final test shall be made at the time set by the Engineer approximately one month after the system has been completed. At this time, two sets of electrical drawings noting all changes or deviations from the original shall be returned to the Engineer. -62- Electrical - 5 • 16. GITA-RA NTE ta: The Contractor shall guarantee all materials, apparatus, equipment and workmanship furnished by him to be free from all defects, and shall agree to replace at his own expense at any tizro within one year from date of acceptance by the Architect, any and all defective parts that may be found. i t- i } -63- - DRAWINGS 02 MAPS T00 LAQGF, TO FILM STORED W ( TH FILE • 8�5 486 • KO30 rc 663 �- I 73 SEP 25 1974 criIEN RECORDED? RZIiURiN RECORDED AT REQUEST OF O"-;_1 H TO CLE RTI BOARD OF at 3o o 'cicck�P 2 5 1974 24. SUPERVISORS Contra Costa County Records J. R. OLSSO'L:, Coun ly Recorder Fee Official BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the natter of Accepting and Giving RESOLUTIOiN OF ACQLZ2lItN('n Notice of Completion of Contract with and NOTICE OF CO P ZT 'L.. Lavrrence Adams (C.C. §§3086, 3093) Work Order 5547 RESOLUTION NO. 74/819 The Board of Supervisors of Contra Costa County RESOLVES THAT: The Uounty of Contra Costa on Ju y_19, lg74 contracted with �iawrence Adams. 7765 Clargmont Avenue, Berkeley, California 94705 (Name and Address of Contractor) for site improvements at Contra Costa County Fire Protection District Fire College (Contract 2) . Treat Boulevard, Concord area with Fidelity' and Deposit Company of Maryland as surety, �(hame of Bonding Company for work to be-performed on the grounds of the County; and The Public ,works Director reports that said work has been inspected and complies with the approved plans, special provisions, and standard specifications, and recommends its acceptance as complete as of September 17, 1974 ; Therefore, said work is accepted as completed on said date, and the Clerk shall file t•rith the County Recorder a co-)y of t:lis Resolution and Notice as a Notice of Completion for said contract. PASSED AND ADOPTED OTT September 17, 1974 CERTIFIC tTION and VERIFICATION I certify that the foregc, ng is a true and correct copy of a resolu— tion and acceat^nce duly adooted and entered on the r_inutes of i—is B--aril ' s meeting or.. the above date. I declare under penalty of perjury that the foregoing is -rue a-id correct. SFqC Dated : September 17, 1974 J. -R. OLSSO��, County Clerk F%)(ED at P•lartines , Cali I Ornia ex officio Clerk of the Board By Helen C. 1,1arshall epu t 1e, . cc : , � -,c. zET Burn Contractor Audi for Public '.'orks Ad-mi-ti: 11rator l�i�lJTi`1 1V:i li�J. 7/819 END OF DOCUMENT VdEE ii RECORDED, RZIURN RECORDED AT REQUEST OF O,riIER TO CLERK{ BOARD OF SUPERVISORS at o'clock M. Contra Costa County Records J. R. OLSSO;l, County Recorder Fee Official BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the natter of Accepting and Giving RESOLUTION OF ACCEPTANCE Notice of Completion of Contract with and NOTICE OF COMPLETION LawrenceAdams (C.C. X3086, 303) Mork Order 5547 RESOLUTIOT; NO. 74/819 The Board of Supervisors of Contra Costa County RESOL17FS THAT: The County of Contra Costa on Julyl q,_lg74 contracted with Lawrgnce Adams. 7765 Qlaremgnt Ayinue, el a o a 94705 Name and Address of Contractor) for site improvements at Contra Costa Counter Fire Protection District Fire College (Contract 2) . Treat Boulevard, Concord area with Fidelity• and Deposit Com-oany of Marvland as surety, name of Bonding Company for work to be -performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions, and standard specifications, and recommends its acceptance as complete as of September 17. 1974- Therefore, 974Therefore, said work is accepted as completed on said date, and the Clerk shall file ...ith the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. r . PASSED AND ADOPTED ON September 17, 1.971 CERTIFICATION and VERIFICATION I certify that the foregoing is a true and correct copy of a. resolu— tion and acceptance duly adopted and entered on the minutes of i.is Board' s meeting or the above date. I declare under penalty of perjury that the .foregoing is true and correct. Dated: September 17, 1974 J. -R. OLSSOr:, County Clerk & at ;•lartinez , California ex officio Clerk of the Board By Helen C. Marshall Deputy Clerk cc: iiecora anu re uurn Contractor Auditor Public t-�orks Administrator RESOLUTION 1:0. 74/819 CHANGE ORDER TO CONTRA Cr C.O. 2 1 Project: (( 5547 Fire College Site Improvements - Contract ITW.O. ) Contractor: Lawrence Adams - Adams Investments In accordance with County request, Contractor proposes to provide all equipment, materials, labor and services to accomplish the requested change in the contract documents for which the amount noted herein below shall constitute full compensation and by which the contract price shall be adjusted. In all other respects the contract remains unchanged. Description of Change ADD stitch bolts to shade structure $150.37 (See Exhibit A attached) Net Change Dix in Contract Price $ 150.37 ADD Last Contract Price $ 8,096.00 New Contract Price $ 8,246.37 Approval Recommended: Project rchitect gineer Supervising Building Projects Engineer Approved: Depu y Public Works D#rtUt6r Buildings and Grounds Accepted: Contractor Date 7765 Claremont Avenue rJ r (j ('I;7 r Berkeley.California 94705 D I_, 549-3022 A UG 6 19 7A , 16 August 1974 BUILCINZ MAINTE AI_`E i Mr. Ted Smith Supervising Building Projects Engineer Public Works Department Contra Costa County 6th Floor, Administration Building Martinez, California 94553 ' i Dear Mr. Smith: i I Please pay Lawrence Adams the following sum on Fire College Contract . j labor $113. 33 8/12, 8/13 5 hrs. 40 min. at $20/hr. (1 hr. 8 min--pick up materials from Piedmont Lumber, Fred Kelloway's, Diamond National; 3/8 " bolts not r r 1I rJ (� available so return to Piedmont J '�•� :! 1.! l� Lumber where 1/2" available ft 23 min--building jig to accept trued 1°'z; drilled holes 4 hr. 9 min--labor including drilling t P1"11C k ,DF`IiS DEonRl,...riT holes from beneath to give cleanest appearance) materials 37. 04 see attached bill I TOTAL $150. 37 no overhead or profit Sincerely, Norva Hepler Business Manager � z t I i r ± ,i • VICTOR W. SAVER • .PUBLIC WORKS DEPARTMENT • R. M. RYGH PUBLIC WORKS DIRECTOR OEPUTY.BUILDINGS AND GROUNDS - VERNON L. CLINE CONTRA COSTA COUNTY ROOM IIS. COURTHOUSE CHIEF DEPUTY PUBLIC WORKS DIRECTOR J. E. TAYLOR GYM FLOOR. ADMINISTRATION BUILDING DEPUTY-FLOOD CONTROL R. p. DROATCH 235 GLACIER DRIVE DCPUTY•BU SINESS AND SERVICES MARTINEZ, CALIFORNIA 34553. MARK L. KERMIT TELEPHONE 220.3000 DEPUTY-ROADS July 16, 1974 RECEIVED our File: JUL 2 �' 1974 Project No. R. o�ssorl Work Order No. 5547 CLE ' A.QD OF SUPEEW15ORS 7P.A'JO STA CO B .... .. ... . .. Dapur Lawrence T. Adams 7765 Claremont Avenue Berkeley, CA. 94705 Reference: Contract for Contract II - Fire College Site Improvements Treat Boulevard, Concord, CA. Gentlemen: _ Enclosed are the original and four copies of the referenced contract. We ask that you carefully and completely comply with the following requirements: Contract A. if you are a corporation - 1 . Have the original and three copies executed (signed) by the President and the Secretary of the corporation. If any officer other than the President and Secretary signs, you must furnish us with sufficient evidence that the officer has authority to sign (e.g., a certified copy of a resolution of your Board of Directors showing the authority of that officer- to sign). 2. Have the Acknowledgment completed on each of these four copies by a Notary Public. 3. Affix the corporate seal . 4. Return the original and three copies to us. You will receive a fully signed copy later. B. If you are not a corporation - I. Have the original and three copies executed (signed) by the owner of your business or a partner authorized to sign. 2. Have the Acknowledgment completed by a Notary Public on each of these four.copies. 3. Return the original and three copies to us. You will receive a fully signed copy later. Bonds I . Furnish us a Faithful Performance Bond in the sum of $ 8,096.00 2. Furnish us a California Public Mork Labor and M-iterial Bond in the sum of $ 4,048.00 3. The contract date on the Bonds should be the F'ffective Date of the contract as shown in Paragraph I of the contract. 4. The description of work on both bonds must be exactly as shown in the contract at Paragraph I , Section 3, "The Mork:". 5. If the Bonding Company is not a-California corporation, we must be provided with a copy of the power-of-attorney showing the Bonding Company authorization of the California attorney-in-fact who executes the bond for it. 6. The obligee on both bonds must be the contracting Public Agency as shown in Paragraph I of the Contract. 7. Please give your bonding company a copy of this letter as a guide. Also, give the bonding company a copy of the contract. 8. Send the bonds in duplicate to the letterhead address. Insurance I . Furnish certificate(s) of insurance showing the coverages and amounts required by the special provisions or specifications. Tne amounts required by the special provisions or specifications for this contract are: a. Public liability coverages: $ 250,000 /$ 500,000 b. Property damage liability coverages: $ 50,000 / c. Fire insurance co\,erage: $ See Div. G. , Sec. 5., Para. D., of the General Conditions (Copy Attached) . -2- If umbrella insurance is provided to meet the limits of coverages required by the ipecial provisions or specifications, a copy of the umbrella policy endorsement must be provided us. The endorsement must show the policy number and carrier for each underlying coverage that the umbrella policy supplements. 2. Include the following language on your insurance certificate(s): "By endorsement to Policy No. (insert Policy Number(s)] the O nsert name of contract i ne Public Aciencv as shown in Paracraoh I of the contract] , its officers, employees and agents are named as acditional insureds solely as respects the above-listed ,job". • If the name of the Contracting Public Agency shown in Paragraph 1 of the contract is not Contra Costa County, add "and Contra Costa County" to the name shown, and insert both. 3. The c-rtificate(s) of insurance must show that the contracting Public Agency (as shown in Paragraph I of the contract), as an additional insured, is to be given at ieast. 10 days notice prior :o any cancellation or modification of insurance. 4. Send the insurance certificate(s) in duplicate and a copy of any umbrella policy endorsement to the letterhead address. 5. Piease give your insurance carrier a copy of this 'letter as a guide. Also, furnish the insurance carrier with the complete name of the contracting Public Agency as shown in Paragraph I of the contract. you will receive your fully signed copy of the contract after the Public Agency has indicated acceptance by signing the contract. If the above is not properly completed and the contract returned to us for signature by the effective date shown in Paragraph I of the contract, the Public Agency may award the contract to another contractor, and any bid security you have submitted will then be forfeited. We thank you in advance for your careful, thorough compliance with the above. If you have any questions, please call the undersigned immediately. Very truly yours, -Victor W. Sauer Public Works Director BY Ted L. Smith TLS•ds Supervising Building Projects Engineer Enc: Contract cc: Clerk of the Board M-37 Feb.. 1974) . l DIVISION C. G£NFRAL CONDITIONS (Con't.) SECTION 5. BOND AND INSURANCE: (Con's.) In case any class of employee engaged in hazardous work under the Contract at the site of the project is not protected under the Workmen's Compensation statute, or in case there is no applicable Workman's Compensation statute, the Cuntractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of his employees not otherwise protected. C. PUBLIC LIABILITY A`:D PROPERTY DAM.iGE INSURANCE: The Contractor shall take out and raintain during the life of this Contract such Public Liability and Property Damage Insurance, naming Contra Costa County as an additional insured, as shall protect him and any subcontractor performing work covered by this Contract, from claims for da=iges for personal injury, including wrongful death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: Public Liability insurance in an amount not less than $250,000.00 for injuries, including wrongful death, to any one person, and, subject to the same limit for each person, in an amount not less than $500,000.00 on account of one accident, and property damage insurance. in an amount not less than $50,000.00. The Contractor shall submit a Certificate of Liability Insurance which shall include the "hold harmless" agreement as required in the Articles of Agreement. D. FIRE INSURANCE: The Contractor shall tarry fire and extended coverage insurance naming Contra Costa County as an additional insured duri.ig the period of construction of the work in an amount not less than the total amount of the progress payments received by him from Contra Costa County, less the amount paid to him on account of excavation and foundations. E. CERTIFICATES OF INSURANCE: Certificates of such Workmen's Compensation, Public Liability, Property Damage Insurance, and Fire Insurance, shall be filed with the Councy and shall be subject to County approval for adequacy of protection. All certificates shall indicate that Contra Costa County has been named as an additional insured. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled until at least ten days'prior written notice has been given to Contra Costa County. F. PERFORMANCE BC\'D: One bond shall be in the amount of One Hundred per cent (100%) of the Contract, and shall insure the Otmer during the '• life of the Contract and for the term of one (1) year from the date of acceptance of the work against faulty or improper materials or workmanship that may be discovered during that time. Bev. 12/72 -23- CONTRACT (Construction Agrccnent) (Contra Costa County Standard form) 'These special terms are incorporated below by reference. :'arti.;a: [Public .'Agency] Contra Costa County Lawrence T. Adams [Contractor] 7765-,Claremont Avenue, Berkeley, CA. 94705 mj ] 'legal narac] U21) j'o tiva .:ata: July , ,9, 1974 [See g4 for starting date.] (Contract. II) U3) Vol.;— Construction of the shade structure and lighting at the Fire College, Treat Boulevard, Concord, CA.-W.O. 5547, all in. accordance with the plans, drawings, and specifications or general conditions prepared by or for the Public Works Director, and in accordance with the accepted bid proposal. (y4) aor:pt: tio,z _zr.. : [strike out (a) or (b) and "calendar" or "working"] (4C�CX�K�7C . (b) Within 45 calendar/06=103C days from starting date. (tis) rirl:lia;lzt.+,i :'a:l::aaaj: 50.00 per calendar day. ,:yant: Victor W. Sauer, Public Works Director (;i7) Contract 8,096.00 (f • o is 1':a Z�cy:i�;crcr, By:--V . -5 Y— (President, Chairman Or Other uesiLgnated Representative) a:Ul:tractor, herebypo acknow4edging awar zc ss of and I)cgmp'liance with Labor Coc.(e.-;I�G1 ncert►itly lJpr 's Compe cation Law. i icy: // ' [CURPOR M Designate official •capc}ty n tae business] SEAL] By: LAWRENCE T. ADAMS = Owner Designate official capacity in.the business ::U.'... -U ,ot...,ractor (1) ..x#:cute form Ua:tow, arra M if a corpora- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State of California ) r:.1J:,'L1.'O:::L':1� (by Corporation, County of Contra Costa ) ss' Partnership, or Individual) T.hc person(s) signing a::ovc for Contractor, known to i^ individual and business capacit% as stated, personall•: appeared tzefore me tocla:: ar..;s acknowledged that he/they c::ccuted it and that t:i.: corporation or partnership na.. abova executed it. uatyci:_ J11 �a!'i: 9 % /!��: e. ( U-i KI i:L:,��;, �j;;�a MARGAUT G. FLETCHER • �Y:_ '-S11r}:_ .r. C C3❑qty - - - - - - -:rotary Pub is - - - - - - - - - - - - - - County Counsel, lig i/��!/�c1 ��//✓x��---deputy i (Page 1 of 4) (CC-1; Rev. 1_-73) 3, c;t)l:1: CVNTRACr, C1L 1Jl;L'S. (a) I;y their. sinnaturte, in Section 2, effective on the abov teat(!, thune parLius promise: ane: ac3rec as set forth in thin contract, incorporating by thosc reiurunces the material ("special terms') in Sec. 1. (b) Contractor shall, at his n coat ant: u:;.,.lue, and ill a wurkmarilit:c waiuler, fully anti faithfully perform and complete tilu work; anti will furilisa all nateridls, labor, scrviiz!s and transportation necessary n , convenient anu proper iardor fairly to perform the re(Iuiro::eats of this contract, all strictly in accoraance with the Pui,lic Agency's plans, drawings and-specifications. . (c) The worl;..cail bu_cUan9O.j)p,1y with Public ilgency':. prior written order specifying such changer• alit!.:it�`.,ico:1 1 :t,�a�rc;c ., i.�tr t.lu parties;. and the Public Agency shall, never have to pay mord 4 fiau sixrci£ic:u.in :;.:c /„tiri�uuut such an order. . J ' - - :' TZl`(L't'”t(3'PICI+ TOS PROCLEII:._`'t.'ontr(it'tox .shall start this wort: as directed in the speci- fications or tau l:otice to-i'roceeu;- and shall conplete it as specified in Sec. 1. _i. LIQUIDATED DAttAGE5....._.I f...Gila Cotztilactor .fail-..to complete this contract and this work :'withlYi;tl -tidal! fixed therefor, allqurance bein� made for contingencies as provided herein, �ti'c5 iidcorius li.ic;l �to-ttt( tPiit�'lic:ng(:licyi'fiir'-311 3rtg,�los, and dariaye therefrom; and because, from the 4it�irc: of.the:easd'- it,.d:1 Qizd:wiX1_i Je imprdgigaWM.x;,a ir4- �nsely difficult to as4v�taisi;a�lt1•r };:-,tide kwlic +l�guncy's:ac:tual t}alaayc;;fror: ails �Jyl�t{ a pprformance hereof, it,i; a(3rueti that. c giitractbr 1!111`illy as _liq idated iiamatkes t9 tlru ulilic Agency the rassonzlbiOi-sii.l. srpcci�ied-101s � :` 11:'t:ie rc:suR`di' iha:_partiics z'calisHa`ac endeavor to c:tinate fair avora(fe compensation therefor, for.iach(ea:rerit:i& iiaQ4s:_14s-,dal- ay in finishing said worn; anti if the same be not paid:, Public Agency may, in addition to its other rol.:u(diu;:, uet:uct the sarie fron any money clue or to becorle clues Contractor under this con- tracL. if the Public Agency for .any .cause .autlioi-ilei.or=:•cofittibutes to a delay, suspen- sion of wort. or c::tension of tib:c, its duration shall be added to the time allowed for completion, but it shall not lie= iceined'a waiver nor be used to defeat any right of the JL(Jullcy to danagc. for non-completion or delay hereunder. Pursuant to Government Code Sec. 421 , tilt Contractor shall slot.Lc. a:,sc�seti. liquidated danages for delay in completion of filo tror::, _�rleil suc: .,dula eras cause}1:l_p�� the failure of the Public Agency or the owner of a utlli•ty;�tO.:pro;i fi Ji-fat-i=eill}vztI ni:=Cocztion of e:cisstiliy utility facilities. :tt: Its'.l:Cltl;Y U"liF►��tifiJri:i'5. .;;llc .pl_a;y,�:` ��t} iyz. ana sJ3cci'ieations or special provisions o Uig rung c;: gency..s__cax Y^ fdr tsitic.; &d(�`edntractor' =acec ted bid for this work are • hereby incorjitiYatitri9'�nCQ thea 'eantrart �a'riei:iili6j�a.r�=ftte'n cc. to co-operate, so that any- Ciliny e:;ai:�iLuu in the Mans or drawings and not rkiitioned in thu specifications or spacial pruvisiollu, ur vice vuraa, iu to be u:;ucuLed as if_e::llibi.teu,. mentioned-and:zet forth in UOL.i, Lu Liiv true intent, amu i.�lt` 3112i��eller o` , Ani taken all together; and differences of opinion cuncerninq i�AM;1ialllbe. c:cterl.lint:.i'._.i1.y....Pub1ic.-Agency t s Atjent Specif jell ill .:ides:. 1. 7. PA l ri. t--:li^ t n'1j. tey'4�35 i;te• !Of mese promises and conditions, and as Tull compensation for all ttilis work, the Pu) c AA-ane• shall pay the Contractor fila sail specifiedin sec. 1, e:cct!1�t.t4lat in unit price cod►tracts frit;-payment. shall be for fil:ished tlualltities at unit bid pricits. - (b) oil or sLuut file first, uay _of...vacid, calunUar .month. the.Contractor shall submit to tnc Public ..youcy a verifi.:u applictztiun for•paynent, supported by a statement showing all materials actuall•rinstalled: during the preceuing r.,uilt.l, the labor expended thereon, anti the cont tacruof;. wa.cruul,ou., aft-cr checl.in,j,_ tho .Public .Ayency shall issue to Contractur a certificate for-'the aiaount cietorminudl to be due, minus 10. thereof pursuant to t,ovuriu-ke1LL Code Sec. 53067, Lut slot until u.:f0ctivc: wort: and materials have ileen rulaovQ.,, replaced and maue± youu. PAY1I1:•:17TS WITHHELD.- (a) 'tial Public Agency- or itis ayclit may withhold-any-payment; or ue(:austr u1 later discoverotl evitiunce nullif7 all or any certificate. for. payment, to such c:ctenL alit: period of time- only as may bo-necessary 40-prutuct tllc. Public. Ilgt:ilcy from loss L)u.:aus.: of: . ----- (1) ---(1) L;Qfectivc wori; not rei:,udiQd, or U.lCUL.j,l_tCd work, or fil.rd or roasuuablu uvi(:u:::� _....:cc+t=. - prubablu .•filing, or (3) Failure to prolwrly pay suhcontracturs ur for i:.si:arial.Cr'labor, or (4) ;,casonaLlu doui,t twat tyle• work can bu cuvplutod _fpr..t,1P balhnce t:u:u unpaid:, or (5) Uzzinnc;c to another-contractor, or -- - - (li) Damage to, the Public Agency, other tharl dai:lage dub' to delays. r (b) 'Silt: Public Agvncy..shall. u:;•• r:.lsd,ti.;4,ly t:i 1i�3(:r;as tfi,•u-1:;,cvcr and! report, to the C:ollLractor, as tliu war,: proyrc3:;os, tale i...ILurials ar:(. l:l:.or which are�ilot satisfactory :Or it, s0 as to avoid -unn cessary trouble or cost to t:te ::oilti ac`tur.in n`al;iri'g'`trabi3--any- defective wort: or parts. (c) 35 calendar days after the PuLlic :lyoncy files its notice of cowplution of the entire (Page 2 of A) (CC-1; 1'ev. 12-73) cork, it shall issue a certificate. to the Contractor and•_pay;.'tne:llalance- of the contract price of ter dcuuctiny all anouhts'withheld 'uiidur'this contract, 'provided.:the Contractor shows that all cldins for labor'-and nateridis have Leen'-paid' -no claims:nave been preselttCd to the l,u:.lic ;igancy Lased on acts or oltissions of the Contractor, and no- lions or withhold notice:; have been fileu aqainst the work or site, and provided there are not rcasonaulc inuications. of defective or':miu:;iny work.-or, of- late-recordeck.riotices•.:of-liens or clains against Contraetiir. - ). 1;.SL1(t ICL. (Lai,or Codd -#j5l1bO-ul)'z• UA-signing'. this-contract; e6ntractor•must.•give Public .tgancy (1) a certificate of consent to self-insure issued by the uirector of Industrial Relations, or (2) alccrtificate -of'-Worl-.mon's..Colni,+ensat on' nsurance_issued by an adlaitLed injurer, or (3)• an`uxact dopy .br' dunlidgite•°tlibrubf-certifie'd•by jthe••Director or the insurer. - Contractor -is. at}lire-of alid'•comblies with -tabor••Code-•Sec.3700 and-the Workraln I a Compensation La%e. lu. MAWS. on signing this coiltract-Colitractor shall deliver- to Public Agency for- approval good and sufficient Londs with sutetics,. in:amount(s) •specified'-in the •specifi- cations or special provisions-; yuaranteeiny.'his faithful performance' of this-contract and his payment for all labor and material:; neruundor. 11. FAILLl:I: TO PLICIFUeli. if. tine Contkictor-at any time refusi:s- or- neglects, without fault of tho PuLlic Agency or it:, agent(s) , to supply sufficient materials or workmen to colaplete -thin agreement and itork as provided;hercin, for a• periocl-•of•J0 days or more after written notice. thereof Ly the Public Agency; the Public Agehcy may---furnish same. and deduct the reaso;.at,le expenses tacreof fror.. the contract price. 12. LAWS JUTLY. - t;uneral. Both parties rocbgni.ie•trio -aplilicability of various federal, state and--loci I I lags amu-regulation s, dspecially° Chapter I•of Part-7 of;the- California Labor Code- (buyirttiny' with Sec. 172uy' and. iucludiny Secs..'1.735, '17.77.5; &- 1777.6.-forbidding •disciimi:iation) unci intend that• 'thi. agret:ia6nt-conplion thdrewith':.' The parties specifically stipulate that the relevant penaltii:s'and forfeitures•providad••in the;Labor.Code; especially in Sucs. 1775 & 1J13, concerniny prevailing waycs alta hour:., shall apply to this agreement as thouyn fully stipulatod herein. 13. SU11CO1i'.iU%CTU1(S. Governimmit Couti 'S!,4100-4113 art). incorporated herein-.1 14. AiWI: WVeL!;. (a) Purnuallt to Labor Lode Sec. 1773, tl;e governing body of the Public Agency sins asecrtdinud the gancral-pruvailing rates of wayus=par:diem,,:and:for holiday and overtine wuil., it, the locality in willed this wort: in to be performed; for each craft, classification, or type of worknan needed to execute: thiW contract,-and saia.rates are as specified in the call for biers for tail work and are -on file-with the Public Agency, and art: nekuby incurivoratud herein. (i,) Titi.l schedule of- w.Zgcl; is bared on a•%wrkiiiy da-,,of 3 hours unless otherwise specifiuO; anti the daily rate is the hourly rate multiplied by. the number of hours con- stitutiny thu working day. • Mien lt:ss tndn that nur�ber•'of hours are worked, the daily wage raw is proportionatuly reuuceu, but tau hourly rutu rtimdins•as stateu. (V) 'i.w Contractor, dnu all :li.; .^.ULCuntractora, count pay at least tstesiu rates to all persunn oil this work, including all travel, suusi!;tunce, and fringe benefit payments proviueu for b.: applicabic culluc:tive barydiiliny ayroon.ents. All skilled labor not listed above must ue paiu at leant telt: uayu svalu ostai,lis.tec. by collective bargaining agreement for suc:.t ldi.or in the locality tJ.ieru such work is Leil.y performed. If it becomes neces- sary fur tit,! Contrdctur or ally subcontractor to ouploy any person in a craft, classifi- catiuti or type of wort: (except ex.rcutive, supervisory, achAiiistrative, clerical or other ttull-manual wur;:.:ra a!; SUCi:) fur N:lien no tAnii.tum vago r.li:.e iu specified, the Contractor Shall il.uaeciiaLely notify t:►e Pti!.lic ,tyenc;y whic:t s:wll proi::ptly determine the prevailing nage rat.: L..erufor and furnish the Contractor with L.:e iaiui:i.i..t rate Lased thereon, which shall apply fro'.. tau titre of til.e initial et:.ployment of t:u: person affected and during the continudnce of .;t:c.l c;aplon:ellt. 15. HU1,16 OF L.11iui:. lii,,:tt buurs of l.d.ur in one: calendar day, constitutes a legal day's work, all,. no vurl.l..an urq.loyad at any Liz.-.o on this uor!: Ly the contractor or by any sub- contractor shall be roquired or peer:aittad to work loltgc:r taereoll except as provided in Labor Code Secs. 131J-!Jlj. • 14. Properly induntured apierunticus sadf b_ e.-;,iolud on this work in accord:n►cu with Lal.or Code Scc:.. 1777.E and 1777.6, fori,iddinq uiscrimination. (Page 3 of 4) (CC-1; Rev. 12-73) MI., HA LIIIALS. The Public Agency desires to promote the industries and vcunolay of Contra Costa County, anu t/dd: Contractor therefore promises to use the products, wur1:l.,eu, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 1S. ASSIGi1.M14T. This agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to bocdu,lc clue under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have waived notice of assignment. 17. ::U WAIVLR BY P4'L'LIC ACLUCY. Inspection of thcs .work and/or materials, or approval of wort. and/or materials inspected, or statement by any officer, agent or employee of the Pul)lic Agency indicating the wort: or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payl.enLs therefor, or any combination of these acts, sivill not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public. Ageney be tiicreby estopped from bringing any action for damage:, or enforcement arising from the failure to comply with any of the terns and conditions hereof. 20. 1101.1) & II:L'L't:::I;Y. (a) Contractor promises to and shall hold harmless and indemnify frow the liabilities as. diefinud in this suction. (1)) The inderluUtees benefitud. and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, ayents and employees. (c) The liaLilities protected against are any liability or claim for damage of any kinu allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property uamage,' inverse condemnation, or any combination of these, regardless of wauther or not such liai3ility, claim or damage was unforeseeable at any time before the Public Agency approved the improvement plan or accepted the improvements as completed. and including the defense of any suit(s) or action(s) at law.or equity concerning these. (di) The actions causing liability are any act or omission (negligent or non-negligen. in connection withthe matters covereu by this contract anu attributable to. the contractor, suucontractor(s) , or any officer(s), agent(s) or CLIIJ10yd:dl(s) of one or more of them: (d:) :ton-Conuitions: ac pronise and agrearient in this section isnot -conditioned or de,)end ent on whother or not any Ind(ennitee has prepare.., supl)liedi, or. approved any plan(s) , drawing(s) , spucification(s) or special provision(s) in connection with this work, has inuurancc or utner•indetwxification covering any of c.tuac hatters, or that the alleged daiaa(le rennItedl partly from any negligent or willful mi:;condluct of.any Indemnitee. 21. !:::CAV!%V10W. Contractor shall comply with the provisions of Labor Code Sec. 6422, if applical.,lu, :.)y suLnitting to Public Agency a detailed plan showing the design of shoring, bracin:l, sluping, or other provisions to be madIe for workar.protection from the Hazard of caving .,hound during trench excavation. (Page 4 of 4) (CC-1; nev. 1.1-73) ZENITONATI 'HAt INURANEE EMPANY 6300 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90048 Telephone 651-5206 ALL RD AGSOCILS 150-S-2-NO81-12 CERTIFICATE OF INSURANCE CERTIFICATE HOLDER AND ADDRESS: NAMED INSURED AND ADDRESS: COUNTY OF CONTRA COSTA LNUREM ADAMS BunDnG PROJBCTS DIVISION DBA: ADAM INVXM== PUBLIC WORKS D 7765 AVB'sdtUE COUNTY ADMINISTRATION BWG.o 6TH FLOOR 8 , CA1 FORBIA 94705 MARTINFS, CALIFOEUM 94553 ATTMION s TED SITS THIS IS TO CERTIFY THAT ON THE DATE BELOW THE FOLLOWING DESCRIBED INSURANCE POLICIES, ISSUED BY THE COMPANY, ARE IN FULL FORCE AND EFFECT: Policy Effective Expiration Limits of Name of Coverage Number Date Date Liability Workmen's Compensation N 264252 6-23-74 6-23-75 Statutory Public Liability—Bodily Injury (Not Auto) I $ ,000 each person $ 000 each occurrence Public Liability—Property Damage (Not Auto) $ ,000 each occurrence (Explosion, Collapse, Underground Hazards Not Covered Unless Otherwise Stated Herein) $ 000 aggregate Products—Bodily Injury $ ,000 each person $ 000 each occurrence $ 000 aggregate Products—Property Damage $ ,000 each occurrence $ ,000 aggregate Specific Contractual—Bodily Injury $ ,000 each person (Other Than Incidental Contracts As Defined In the Policy) $ 000 each occurrence Specific Contractual—Property Damage $ ,000 each occurrence (Other Than Incidental Contracts As Defined In The Policy) $ 000 aggregate $ 000 As Per Single Limit Endorsement DESCRIPTION OF PREMISES AND/OR OPERATIONS COVERED: "ALL OPERATIONS OF TMS I1wUlm MICE ARB CtNERM VIM= 2H POLICY." The Company will endeavor to give ten (10) days' written notice to the above Named Certificate-holder should any of the above described policies be cancelled before the normal expiration date thereof, but failure to give such notice shall impose no obligation or liability of any kind upon the Company. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AF- FORDED BY THE POLICIES INDICATED ON THIS CERTIFICATE UNDER POLICY NUMBERr_, DATED AT SAN FRANCISCO — (CG) ZENIT-NATIONAL INSURANCE COMPA�yY �f This17W day of JULY 1974 _ ���1 7�)7n–�—( AUTHORIZED REPRESENTATIVE tc'C 43n-101 5-73 ZENITNATIONAL INURANU APANY 6300 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90048 Telephone 651.5206 ALT.17M MIMIC= 150-6-2-06081-12 CERTIFICATE OF INSURANCE CERTIFICATE HOLDER AND ADDRESS: NAMED INSURED AND ADDRESS: or Sti1WX= PROME" zav"ZOR ams ADAM Ing OR 3�3BI.TC w0m Dom! 7755 CL ] AYD>l COUNTY AMU' ISTRATM HLDIG., 6TH PLO= HAY, CALIMMZA 94705 M�, "1111-711 0 11111h 94553 11,111IM 21ONS Vo "' THIS IS TO CERTIFY THAT ON THE DATE BELOW THE FOLLOWING DESCRIBED INSURANCE POLICIES, ISSUED BY THE COMPANY, ARE IN FULL FORCE AND EFFECT: Policy Effective Expiration Limits of Name of Coverage Number Date Date Liability Workmen's Compensation N 264251 6-23-74 6-23-75 Statutory Public Liability—Bodily Injury (Not Auto) $ ,000 each person $ 000 each occurrence Public Liability—Property Damage (Not Auto) $ ,000 each occurrence (Explosion, Collapse, Underground Hazards Not Covered Unless Otherwise Stated Herein) $ 000 aggregate Products—Bodily Injury $ ,000 each person $ 000 each occurrence $ .000 aggregate Products—Property Damage $ ,000 each occurrence $ ,000 aggregate Specific Contractual—Bodily Injury $ ,000 each person (Other Than Incidental Contracts As Defined In the Policy) $ ,000 each occurrence Specific Contractual—Property Damage S ,000 each occurrence (Other Than Incidental Contracts As Defined In The Policy) $ ,000 aggregate ' b .000 As Per Single Limit Endorsement DESCRIPTION OF PREMISES AND/OR OPERATIONS COVERED: "AM 0PMTI00 OF TSS IL URM NUM AR8 CO ARM UISM '=S POWCY." The Company will endeavor to give ten (10) days' written notice to the above Named Certificate-holder should any of the above described policies be cancelled before the normal expiration date thereof, but failure to give such notice shall impose no obligation or liability of any kind upon the Company. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE AF- FORDED BY THE POLICIES INDICATED ON THIS CERTIFICATE UNDER POLICY NUMBER. {{ DATED AT SM FRAWIM0 " (CG) ZENITH'NATIONAL INSURLC) COM 01M, Y This 27TH day of JULY 1974 AUTHORIZED REPRESENTATIVE WC 411A.10%5-'3 1 �f' r ..tp�ol s I' sX11 �4 �,t�t1i ,�t1114 -Alf �,y t t t� �[ iiiTTT I Isis e11.1". noel luno• v I,.nt ul •ti,•1 I t, i4i. A, t;'ah'>54 {y tlir Tn`}'ralt'it�} +foe i414od vollrq I4gi-md lir,, Ih+ NOR NWE5TERN NATIONAL INWRANl I: ilhl,114i •-i,ftv,dl d ih0,4iri. ieel ellertivn dnte a) said pnII unity±e anolhel efleclive tlule is 1Itaw11 Itolow, ul 011. l+aur eluted Fn eaid paliry ttnd 0r1110w4 t witu+tnntly wftlr •Ofd pnlll v Camplof" Cody Whotl 1,10% t oilrtt:ulltpIt1 Is 11th 1'telnl4ut) tY11l1 f4}� Vbl" , 6,-)N to he trfo ivo with the Policy 7 E 5U2p 36 ADAMM ALLIED AGENCIES Countersigned by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39003 W-701 ^Z���A AUTHORIZED AGENT 1 IT IS AGREED THE COUNTY OF CONTRA COSTA OR COUNTY OF CONTRA COUNTY FIRE PROTECTION DISTRICT ARE RECOGNIZED AS ADDITIONAL INSUREDS AS RESPECTS SUCH INSURANCE AS IS AFFORDED BY THIS POLICY. IT IS FURTHER AGREED THAT SUCH ADDITIONAL INSURED SHALL BE LIMITED SOLELY TO THE LIABILITY OF THE ADDITIONAL INSURED ARISING OUT THE OPERATIONS OF THE NAMED INSURED IN CONNECT70N WITH WORK ORDER 45547. This endorsement forms a part of and is for attachment to the following described policy issued by the NORTHWESTERN NATIONAL INSURANCE GROUP company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Complete Only When This Endorsement Is Not Prepared with the Policy or Is Not to be Effective with the Policy POLICY NO. ISSUED TO I -T�7-FFECTIVE DATE UXL 502936 ADAMS INVESTMENTS 6-23-74 © ALLIED AGENCIES 30003 Is.�ol Countersigned by. . 7-18-74 AUTHORIZED AGENT r IT IS AGREED THE COUNTY OF CONTRA COSTA OR COUNTY OF COSTRA COUNTY FIRE PROTECTION DISTRICT ARE RECOGNIZED AS ADDITIONAL INSUREDS AS RESPECTS SUCH INSURANCE AS IS AFFORDED BY THIS POLICY. IT IS FURTHER AGREED THAT SUCH ADDITIONAL INSURED SHALL BE LI_MITED SOLELY TO THE LIABILITY OF THE ADDITIONAL INSURED ARISING OUT THE OPERATIONS OF THE NAMED INSURED IN CONNECTION WITH WORK ORDER $5547. This endorsement forms a part of and is for attachment to the following described policy issued by the NORTHWESTERN NATIONAL INSURANCE GROUP company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Complete Only When This Endorsement is Not Prepared with the Policy or Is Not to be Effective with the Policy POLICY NO. I ISSUED TOEF=ECTIVE DATE: - CLA 723519 ADAMS INVESTMENTS 1LAWRENCE ADAMS DBA6-23-74 ALLIED AGENCIES 99003 te.To1 Countersigned by. . 7-18-74 CZ AUTHORIZED AGENT NORTHWSTERN NATIONAL INWRANCE GROUP HONIE OFFICE X31 NORTH )ACKSON STREET • MILIti KEE, WISCONSIN 53202 (1) NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN (2) NORTHWESTERN NATIONAL CASUALTY COMPANY (3) UNIVERSAL REINSURANCE CORPORATION (4) OREGON AUTOMOBILE INSURANCE COMPANY CERTIFICATE OF INSURANCE This is to Certify, that policies in the name of NAMED ci2.AkIS I_aVi;ST-i1-:i�T5 THIS CERTIFICATE OF INSURANCE NEITHER INSURED and 7755 AV NUC AFFIRMATIVELY NOR NEGATIVELY AMENDS, ADDRESS EL'R1_ --L.Y, t•`SIF O15UdlI 94507 EXTENDS OR ALTERS THE COVERAGE AF- L FORDED BY ANY POLICY DESCRIBED HEREIN. are in force at the date hereof, subject to all of their provisions, terms and conditions, and have been issued by the company indicated, as follows: CO KIND OF POLICY POLICY LIMITS OF LIABILITY NO. INSURANCE NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE WORKMEN'S COMPENSATION Eff. Provided by Workmen's NIL AND Exp. Compensation Law—State of EMPLOYER'S LIABILITY S 000 Employer's Liability COMPREHENSIVE GENERAL Eff. 6-23-74 S 304.000 Each Occurrence S 100,000 Each Occurrence LIABILITY INCLUDING 211,1: 72-35-41.9 Exp 6-23-75 S 300,000 Aggregate S 00,000 Aggregate 1 aContractual Liability [Prod. and Comp. Operations a combined single limit of S 000 Each Occurrence MANUFACTURER'S AND Eff. S ,000 Each Occurrence S ,000 Each Occurrence CONTRACTOR'S LIABILITY Exp. Is 000 Aggregate a combined single limit of S 000 Each Occurrence OWNERS' LANDLORDS' Eff. S ,000 Each Occurrence $ 000 Each Occurrence AND TENANTS' LIABILITY Exp. a combined single limit of S ,000 Each Occurrence OWNERS' AND Eff. S .000 Each Occurrence S ,000 Each Occurrence CONTRACTORS' PROTECTIVE Exp. is 000 Aggregate a combined single limit of S ,000 Each Occurrence AUTOMOBILE LIABILITY E Owned Automobiles LA 72-35-19 Eff. 6-23-74 SQ .000 Each person S 100 ,000 Each Occurrence [Hired Automobiles Exp. S 1133 ,000 Each Occurrence 6-23-75 le limit of S 000 Each Occurrence a combined sin - Non-Owned Automobiles g COMPREHENSIVE AUTO- Eff. S 000 Each person S ,000 Each Occurrence MOBILE LIABILITY Exp. S ,000 Each Occurrence a combined single limit of S 000 Each Occurrence 1 OTHER: Eff. 6-23-74 U74BR Llal Li u3ILIT, U\'L 50-29-36 Exp. 6-23-75 $1,000 ,000. SIN LI-HITS Description, Location of Operations, Automobiles Covered or Remarks: In the event of any material change in, or cancellation of, said policies, the company will endeavor to give written notice to the party to whom this certificate is issued, but failure to give such notice shall impose no obligation nor liability upon the company. CERTIFICATE ISSUED TO: 1h Tia: TED ,JIT11 Note: Co. No., refers to company designated at top of form, CO;.dT , COSTA COUNTY ALLIED AGP 1 S NAME SLDG.PROJECTS DIV. and PUBLIC1':OPJ�S DEPT. Dated: 7-17 C 19 ADDRESS COW`4TY !01IN.BLDG. ,6T.q FLOORAJ r " 1 T't="•. AUTHORIZED REPRESENTATIVE 13021 11.731 AGENTS COPY PERFORMANCE BOND (Con't.) And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its'obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN VrMSS WHEREOF One (1) identical counterparts of this instrument, each of which shall for all purposes be deemed STATE OF CALIFORNIA SS: CITY AND COtIsw ax SAN FR.misw i 16th July 7 On this-.._.._...._._ _......_. .___..______ __. ..day of w. - __._._ . -.___».-_._-._. .__.19.-.___.., before me LEE MOGLIA .. _.........................._..--....._. _ ......___..__.__ _.._.__._..„___...,a Notary Public,in and for the City and County and State Erbon Delventhal afareraid, duly commissioned and sworn,personally appeared....................._.................._.-.. ..._.._._ _.._..._. .. ....... known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney-in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to j me that he subscribed the name of Fidelity and Deposit Company of hfaryland thereto as Surety and his own name as Attorney-in-Fact. pt'F}CtA1 SEAL '” _ - ��� ' LEE MOGLIA No �ublic' and for the StatTali f rnia, too NOTARY PUBLIC-CALiFORtnF City and my of San Francisco 19449SAN FRANCISCO C011hIY 21 1y CwA.Erpims May 1. 1976 Rev. 12/72 -11- PERFORMANCE BOND (Con't.) And the said Surety, for value received, hereby stipulates and agrees that:no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its'obligationa on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF One (1) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed ecuted by rhulPrincipal and }(�Ky above- named, on the jj�� y July y 4 (To be signed by ) (Principal and Surety)Lawrence T. Adams Principal (and acknowledgment ) (and Notarial Seal to) By (be attached. ) FIDELITY AND DEPOSIT COMPANY40 MARYLAND Surety Erbon Delventhal Attorney- -Fact The above bond is accepted and approved this- day of 19 r i c The above bond is accepted and approved this day of , 19 Rev. 12/72 -12- This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claisr under Section 3181 of the California Civil Code, so as to give a right of action to'them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the 16th day of July 19 74 Lawrence T• Adams Principal By FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety Erbon Delventhal Attorney-in-Fact Rev. 12/72 -13- This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claimr under Section 3181 of the California Civil Code, so as to give a right of action to-them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no e, alteration or addition to the terms of the contract change, extension of tim or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its extenstion nthis bondr and idherebyoes ion of timer alterationoradditionto Waive notice of any such changer the terms of the contract, or to the work, or to the specifications. IN WITNESS WHEREOF this instrument has been duly executed by the principal and 16th day of Surety above named, on the July , 1974 j,SWr@ACe T. Adams principal STATE OF CALIFORNIA ss: CITY AND COUNTY OF SAv FR.ANctscQ 16th July _19...74, before me Onthis..............._--..............._........_.. -......___._.._._...•..day of.---- ------- - -•--....._.._._.._._...,_.�- _ . . ......................... LEE MOGLIw _ •• • ,a Notary Public,in and for the City and County and State . . .,fore-,-",I, Y appeared,I,duly commissioned and sworn,personall a ............._..ErbOCI DelVenthal. ...._ ._. _ . .... _._._.._. _.._._ .._.._.._.__.................. known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney-in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to me that he subscribed the name of Fidelity and Deposit Company of Maryland thereto as Surety and his own name as Attor y-in-Fact. OIFFIC-41 stF _.. �» _ LEE hMOGLI, To P c in and for the State of alifo NOIARV PUBUL-CALMA"', City and County of San Francisco r 7, C, SAN FRANCISCO COUN 0' r, My Comm.&pirea Mair 7.1916 Rev. 12/72 -13- 8794233 Premium inclAd in Performance Bond DIVISION D. PAYMENT BOND (Labor and Material Bond) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the Board of Supervisors, Contra Costa County, State of California by resolution passed , 19 , has awarded to LAWRENCE T. ADAMS designated as the "Principal," a contract for the work described as follows: Const. of Shade Structure and lighting at the Fire College, Treat Blvd. , Concord, California WHEREAS, said principal is required by Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code to furnish a bond in connection with said contract: NOW THEREFORE, we, the Principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held and firmly bound unto Contra Costa County in the penal sum of FOUR THOUSAND TWO HUNDRED FIFTY AND NO/100--------- ------------------------ Dollars (s V250.00 ), lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any person or persons named in Civil Code Section 3181 or fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor, then said Surety will pay for the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees, as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code. -12- Rev. 12/72 PERFoRHANCE BOND (Con't.) And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. ' IN WITNESS WHEREOF one (Z) 1 identical counterparts of this instrument, each of which shall for all purposes be deemed ♦u. v,441 1 anti gtsrpty above- STATE OF CALIFORNIA ss: Ctzr AND Cou%rr os SAN FRnNcisco JJJ On this..................16th ___-_.day of..._..... _._`jlliy_..---_.._. .__....__ .....___._...14__74,before me .. .............LEE M06LlA -* __._.._.._...,a Notary Public,in and for the City and County and State Erbon DelventhaZ afore<aid. duly commissioned and sworn,personally appeared-..__ known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney-in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to j me that he subscribed the name of Fidelity and Deposit Company of Maryland thereto as Surety and his own name as Attorney-in-Fact. ' OFFIVAL SEAL ..... _.._.__ __. ..«._. .__ ..... .. _.... ._..... 1 LEE MOGLIA No ublic' and for the State of Calif rnia, Le NOTARY PUBLIC-CALFORM�. City and my of San Francisco 1s349� FRANCISCO COUhIY My Comm.Expires May 7. 1976 Rev. 12172 -11- The premAhm charged for this bond i 8194233 $85.00 Dollars for the term thereof DIVISION C. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS: The Board of Supervisors of the County of Contra Costa, State of California By Resolution passed , 19 , has awarded to LAWRENCE T. ADAMS hereinafter designated as the "Principal", a Contract for constructing of Shade Structure and lighting at the Fire College, Treat Blvd., Concord, California and, WHEREAS, said Principal is required under the terms of said Contract and the Specifications therefor, to furnish a bond for the faithful performance of said Contract, NOW, THEREFORE, We, the principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAIW Surety, are held and firmly bound unto the said County of Contra Costa, State of California, in the penal sumof EIGHT THOUSAND FIVE HUNDRED AND N0/100 Dollars ($ 87500.00 ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the said County of Contra Costa, its officers, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. Rev. 12/72 -10- 8'794233 Premium inclu*d in Performance Bond 0 DIVISION D. PAYMENT BOND (Labor and Material Bond) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the Board of Supervisors, Contra Costa County, State of California by resolution passed , 19 , has awarded to LAWRENCE T. ADAMS designated as the "Principal," a contract for the work described as follows: Const. of Shade Structure and lighting at the Fire College, Treat Blvd. , Concord, California WHEREAS, said principal is required by Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code to furnish a bond in connection with said contract: NOW THEREFORE, we, the Principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held and firmly bound unto Contra Costa County in the penal sum of FOUR THOUSAND TWO HUNDRED FIFTY AND NO/100--------- ------------------------ Dollars ($ 4p250.00 ), lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any person or persons named in Civil Code Section 3181 or fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor, then said Surety will pay for the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees, as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code. -12- Rev. 12/72 This-bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claimr under Section 3181 0° the California Civil Code, so as to give a right of action to'them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its extension o£nttime, alterationiordadditionhereby to waive notice of any such change, the terms of the contract, or to the work, or to the specifications. IN WITNESS WHEREOF this instrument has beta duly executed by the Principal and Surety above named, on the 16th day of July 29 74 Lawrence T. AtiSmB Principal STATE OF CALIFORNIA ss; CITY AND COUNTY OF SXN FRANMC4 On this_. ...... -._......__... l6 th _---day of_.__._._».-.July _.__.....-_-.__.»......_..» .».__19..74 before me __. _.._..._.....-_.............._..__..... USE MOGLih.-__._.-.............._....a Notary Public,in and for the City and County and State afore-11x2.(July commissioned and sworn,personally appeared— _.. .---- . ___.Erbon Delventhal..._...._.._..... _...�._.._.._....._.__.»......_.._._»......_....._..._. known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney-in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to me that he subscribed the name of Fidelity and Deposit Company of Maryland thereto as Surety and his own name as Attory in-Fact. OFFICIAL SLA, ._ .._.. ..-. ._ .___ .._. .»_. ..._......._.»_._._ LEE hlrOGLI� Notary P c in and for the State of alifor '< -ti NDIMY PUBLIL-CALUU#v04. City and County of San Francisco r• 1447 SAN FRANCISCO COU+tip! *Comm.Expiry May 7. 1916 f Rev. 12/72 -13- A.P. $34.00 IF CONSIDERATION OF THE ABOVE ADDITIONAL PREMIUM, IT IS AGREED THAT THE DESCRIPTION OF HAZARDS OF THE COmPREHENSIVE GENERAL LIABILITY INSURANCE COVERAGE PART 35111 IS X-M-NDED TO INCLUDE THE FOLLOWING ADDITIONAL LOCATIONS: CLA.SSIFICATION EXPOSURE ?RATES ANNUAL P R EM I UM 131 PD BI PD PRIVATE RESIDENCEt- .50 32. 2. ADDITIO14AL 65143 rOUR 8. 1. 10439 ROYAL OAK ROAD 2. 8953 SKYLINE BLVD. 3. 6940 BRISTOL DRIVE 4. 2197 TRAFALGAR PLACE This endorsement forms a part of and is for attachment to the following described policy issued by the NORTHWESTERN NATIONAL INSURANCE GROUP company designated therein, toles effect on the effective date of said policy, unless another effective dote is shown below, at the hour stated in said policy and expires concurrently with said policy. Complete Only When This Endorsement Is Not Prepared with the Policy or Is Not to be Effective with the Policy POLICY NO. ED TO E-ECTIVE DATE ADAMS INVESTMENTS 6-23-74 --JA 723319 1 Countersigned by. . . . . . . . . . . . . . . . . . . . . . . . . . . 39003 (6-701 ALLIED AGENCIES AUTHORIZED A CEN T 7-17-74 CZ #7 • BINDER • Replaced by Ri16'74 Policy No. Insurance is bound in the below named company as follows, subject to the conditions of this binder. Insured aurence Adams DBA "Adams_tnyettment _Compat>,)C" ane-CQurLty_af ContrsT_Costa Consol i dated Fire District Address2765 Claremont Ave. , Berkeley. California Occupation - Contractor _ 60 Period of Coverage: Not more than)Mdays from _ dully 17. 19 74 12:00 NOON Standard Time at the address of the insured stated herein. Indicate below kind of insurance, limits of liability and other necessary information. PROPERTY COVERED KIND OF INSURANCE AMOUNT LOCATION OF PROPERTY AVERAGE CLAUSE Light Standards Fire & 48,500. At Fire College 100% Paving Extended Coverage Ireat MJ_. , Shade Structure Concord, California I MINIMUM BINDER CHARhE �15 00 Forms and Endorsements:78DNS MORTGAGEE a NAME Q ADDRESS INSURED MORTGAGEE 42 NAME e ADDRESS I 1 PREMIUM TO BE CALCULATED AT APPLICABLE RATES OF THE RATING BUREAU HAVING JURISDICTION OF WHICH THIS COMPANY IS A MEMBER OR SUBSCRIBER, SUBJECT TO ANY DEVIATION THEREFROM FILED WITH THE BUREAU BY THE COMPANY. It is agreed that in the event of loss under this binder, the adjustment shall be in accordance with the condi- tions of the policies used by this company in the State where the risk is located. Each and every risk insured by this binder is covered subject to the agreements, general conditions and special conditions of the policy used by this company in the writing of the kind of insurance applied for in the State where the risk is located. This binder shall be terminated (1) by delivering to the person, firm or corporation named in -the binder as the "Insured", a duly executed policy or policies; (2) by cancellation by either the insured or the company in the manner provided in the policy used by this company in the State where the risk is located or in any legally re- quired endorsement attached thereto; in any event, the Binder shall terminate without notice on the expiration date shown above under PERIOD OF COVERAGE. If the risk is not accepted by the company, the insured shall pay a pro rata premium for the period thisbinder is in force. If the insured does not accept a policy replacing this binder, the insured shall pay a short rate premi- um for the period this binder is in force. Issued at San Francisco. California (17 NORTHWESTERN NATIONAL INSURANCE COMPANY on July 17, 19 74 OF MILWAUKEE, .WISCONSIN ❑ NORTHWESTERN NATIONAL CASUALTY COMPANY AU HORIZEO AGENT 12114 ALLIED AGENCIES OAKLAND, CALIFORNIA nJg • 619AM5 (Bidder) r DIVISION E. PROPOSAL (Bid For':) BIDS WILL BE 112CCIVED UITIL the sixteenth (16th) day of July 1974 at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez, California, 94553. (A) TO THE II01IORABLE BOARD OF SUPERVISORS OF CO TRA COSTA COMITY Gentlemen: The undersigned hereby proposes and agree's to furnish any and all required labor, material, transportation, and services for Contract 2 - Fire Col.lcge Site Improvements, Treat Boulevard, Concord, C.%. in strict conformity with the Plans Specifications, and other contract documents on file at the Office o? tae Cleric of the Board of Supervisors, First Floor, %drinistr^tion Buildin.-, Nartinez, CA. 94553 for the following sums; namely: BASE BID: Shall include all of the work for the construction -and completion of all facilities therein, but not including any of the work in the following Alternates: For the sum of: c A^a Dollars ($ 10026i• ) FILED JUL /� 1974 ' J. R. aLSSON CLERK BOARD OF SUPERVISORS B CON P COST C i (D) It is understood that this bid is basad upon completion of the work within forty-five (/.i) calendar days from and after the date of commencer.►c!nt. (C) It is understood, with due alloc:ances imide for unavoidable delays) that if the Contractor should fail to complete the work of the contrn ct within tho stipulated time; then, he shall be liable to the County of Contra Costa in the amount of . Fifty Dollars ($ 50.00 per calendnr day for each day said work reuLii.ns uncompleted beyond the time for completion, as and for liquidated, damziges and not as a penalty, it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. (D) The undersigned has examined the locct•ion of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. (r) The undersigned has checked carefully all of the above figures and understands • that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. J - DIVISION E. PROPOSAL (Bid Form) Con't. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein gamed, and that the undersigned has not directly or indirectly induced or solicited any. other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. ❑ Cash Bidders Bond ❑ Cashiers Check ❑ Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Addendum dated Addendum n dated Addendum # dated B.y, kAZU t 140 Address tJ Er t �l CA(ej Phone 5 4C -36a2- L Licensed in accordance with an act proviWag for�the registration of Con- tractors, Classification and License No. ' Dated this � "" day of 19 _. Rev. 12/72 -16- •DIVISION E. PROPOSAL (M*rm) Con't. • LIST OF SUrCO'llrFp! CTORS: (As require;] by SECTION 12 - "SUBCONTRACTORS TO BE LISTED III BID - SUBSTITUTI0.1. OF SUBCOI:TWXTORS", paragraphs (A), (B), and (C) , of Instruction to Bi.'ders) . Portion of Uork Name Place of Business tat kAL- Rev. 12/72 -17- The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Fora, along with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Pace 7) IRREGUI:'R P110POSA LS. Inclusion of this questionnaire is at the request of the State Attorney General. QUEST IO_-ZAIRE TO GEVEM, L CONTRACTORS 1. tdere bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes ) No ( ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No ( X ) 4. Has any person or group threatened you with subcontractor boycotts, union-bbycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( j No ( X j 5. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable) : (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -18- A STOCK COMPANY — ESTABLISHED 1800 ay ami Dep o it (ompuy HOME OFFICE OF MARYLAND BALTIMORE I- IIID FOND IT KNOW .ILL M EN BY THESE PRESENTS: ���,_.-.-.-.._.-.. Lawrence T. Adams That ...................... ... ............................................................ .............. ------ •------- ------. •......_.............. . ............... ..............•--- -••---......................--....•----...........--•--•---.....-•-••-•---- .... .................................................-........ as Principal, (hereinafter called the "Principal"), and the FIDIi1JTY AND DrtostT COMPANY OF 'MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of 1laryland,as Surety, (hereinafter called the"Surety"), are held and firmly bound unto.................... COUNTY OF CONTRA COSTA - --• ....................... .... .-.._... ........... ._.--. ... ............... ...............as Obligee, (hereinafter called the "Obligee"), TEN PERCENT (10%) OF THE AMOUNT BID--------D-ITI-s ---------- nl the suns of .... ..... . ............... .. ..-...-.....---•- --....), for the payment of which suns well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WlIEREAS, the Principal has submitted it bid for....•.Flre College, Walnut Creek, CA _ Sun Structure - Bench with avenin ------ ............................... . ---- .......... --........--.....---g......... ---...... --•-------...----------------•-•------------•--•--•-••-----•-•----••- •----------------------------------------------------------------------------- ------ ----------------•-...........-......---........-----------..................----------•----------------- - NO\\', THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into it contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with goal and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the vent of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal hall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid nd such larger amount for which the Obligee slay in goal faith contract with another party to perform the work :)vered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and scaled this__ ___ 71, . ....-16th-•.. ..........................da}• of.................... ►.D. I. ..----•- . -- awrenct T.AdaM. Principal ...................................................-............---•---•............... 1 t'it ness •-------.. -••---....... ..'................•----•-•----••....................... Title FIDELITY AND D ' T COMPANY OF 1IARYLAI' Suret ......................................... ........................................ .. (SEAL) II'itness ATF0Rj%lc'r'_1 j-FACT Title ` _ 1—FRIM,1-13 192021 APpruved by The American Institute of Architects, A.LA. DOCnrllent No.A•310 February 1970 Edition. A STOCK COMPANY — ESTABLISHED 19390 ciE7 0 0 F14Deposil komipmy HOME OFFICE OF MARYLAND BALTIMORE 1111) BOND K.,\OXV.ILL :ill:A IW THESE PREISENTS: I'hat .yc Lawrence T. Adams - ...................-........._............... .................... .....-........-1—.................... ... as Principal, (hereinafter called the "Principal"), and the FIDELITY AND I)E OSIT ('OMPANY OF NIARv1.AND, of lialtintore, ilaryland, a corporation duly organized ` under the laws of the State of Maryland, as Surety, (hereinafter called the"Surety"),are held and firmly bound unto...-----•----.--..--•---.--..__.-.......COUNTY OF CONTRA COSTA .................... ..------•-------...................................------ --........ ................................. 1 --•----------------••---------•--------- --------------------- ----•-----------•--.. .----•-----------.- - --. .---.....---•-----------•---------- 1 ------............... ---- ......._.... . .... __..... ............... ... ..._.-is Obligee, (hereinafter ca ec , , ee called I the "Obligee") in the sun, of TEN PERCENT (10%) OF THE AMOUNT BID---------!)olT:,rs a----"""""".), for the payment of which sunt welland truly to be made, the said Principal and the said Surety, bind ourselves, Our heirs, executors, adlttinistrators, successors and assigns, jointly and severally, firstly by these presents. WH IZE'AS, the Principal has submitted a bid for.......Fire College, Walnut Creek CA -................m..•-••••-•••-•- Sun Structure Bench with awning --------------------- ---- ----------------- - ......... .....................•--••- .......................................................................... ..._ NO1V, 'I HEREhORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the teens of such bid and give such bond or bonds as stay be specified in the bidding or contract doc:untents with good and sufficient surety for the faithful Derformanre nf I STATE OF CALIFORNIA ss: ,1 CITY.%\D COOKTV OF SAN FRANCISCO �) On this-.._....._---------_-----lb t h.. ......... ......_._....day of.....---••-••-••July•w----------------- 19...74, before me F?r�Gt ,. -•,a Notary Public,in and for the City and County and State Erbon Delventhal aforesaid,duly commissioned and sworn,personally appeared_................. ---..-..-•-•--.-_.-----.....—..-............................................. known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney-in.Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to me that he subscribed the name of Fidelity and Deposit Company of Maryland thereto as Surety and his own name as Attorney-in-Fact. ♦ •oee♦a aA(O♦4♦J♦♦1♦♦..e �1 1 iii .. ._ ..•_. ................ } i i F . Notary Publi n and for the State of Ca ornia, City and ounty of San Francisco San1`ranww+I1M.MMX���♦��♦�♦♦♦�a�♦+♦♦��+• 1 � 4 Approved b>• The Ametican Lt,tiUrte of Architects. �a A.I.A. Dotument No.A-310 February 070 ,•:clition. • � l(�l� �x�7,2lc�e (Bidder) DIVISION E. PROPOSAL Qid Form) BIDS WILL BE RECEIVED UN'T'IL the sixteenth (16th) 'day of. July 1976 at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building;, Martinez, Califoriria, 94553. (A) TO THE PONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agreesto furnish any and all required labor, material, transportation, and services for Contract 2 - Fire College Site Improvements, Treat Boulevard, Concord, cit. in strict conformity with the Plans Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, ,Administration Buildinz, ?!artinez . CA. 94553 for the following sums; namely: BASE BID• Shall include all of the work for the construction and- completion of all facilities therein, but not including any of the work in the following alternates: For the sum of: Dollars ($ j s z ) F I L E � JUL /6 1974 J. R. OSSON CLEPK BOARD O; SUPERV! RS GN OST C B -14- (L') It i, undcrstood that this bid is based upon completion of the work within forty-five (45) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time; then, lie shall be liable to the County of Contra Costa in the amount of ' Fifty Dollars ($ 50.00 per calendar clay for each day said work remains uiicor.:pletcd beyond the time for completion, as and for liquidateu damn—es and not as a penalty, it being agreed rnd expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. (D) The undersigned has examined the loco:.{on of the proposed work and is familiar with the flans, Specifications and other contract documents and the local conditions at the place where the work is to be done. (E) The undersigned has checked carefully all of the above figures and understands that the hoard of Supervisors will not be responsible for any errors or omissions on the•parL of the undersigned in matin; up this bid. DIVISIO14 E. PROPOSAL. (Rid Form) Cont. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any. other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (11) Attached is bid security as required in the Notice to Contractors. ❑ Cash Bidders Bond ❑ Cashiers Check ❑ Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Addendum dated Addendum ,# dated Addendum dated Address l g Phone a` / Licensed in accordance With an act providing for the re istration of Con- tractors, Classification and License No. I�"O � Dated this ! day of f 19 Rev. 12/72 -16- DIVISION E. PROPOSAL (M*orm) Cont. LIST OF SUrCO''.TWtCTORS: (As required by SECTION 12 - "SUBCONTMCIORS TO BE LISTED IN DID - SUBSTITUTION. OF SUBCONT111ACTOL S", paragraphs (A), (D) , and (C) , of Instruction to Bi:.ders) . Portion of Work Name Place of business Rev. 12/72 -17- The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, along with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accord--ace with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGULAR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUEST IO:MMIRE TO CONTICTORS 1. Were bid depository or registry sex-vices used in obtaining subcontractor bid figures in order to compute your bid? Yes ( ) No ( ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union-bbycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( j No i j 5. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable) : (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -18- BOND NO. BND 197 02 45 The Continental THE PREMIUM FOR THIS BOND Insurance Companies IS THE SUM OF $5.00. BID BOND KNOW ALL MEN BY THESF PRESENTS: MICHAEL GREEN GENERAL CONTRACTOR That. ............................................................................................................................................................................................. of.........2064_.HERRON..AVE..., WALNUT CREEK, CA.......................... . State of.......,.CALIFORNIA PACIFIC INSURANCE COMPANY , hereinafter hereinafter called the Principal, and ............................................................................ called the Surety, are held and firmly bound unto COUNTYOF CONTRA COSTA CALIFORNIA of .......................................................................................................................... . State of .................................................... hereinafter called the Obligee, in the sum of..........TEN PER CENT (1055) OF AMOUNT BID — — — — -....-...-...-...-....—....-...-...-...-...— `...-...-...- -...-...— — — .-...-...-...-...:'...-....-...:'...-...-...-:..'...-.......Dollars; ........... for the payment whereof to the Obligee..........the Principal binds . himself�.....1115 . ......... . ................... heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns, firmly by these presents. Signed, scaled, and dated this..................11th.......I................................ day of.....................aTIlLY............1 19.....74... Whereas the Principal is herewith submitting the accompanying bid dated ..................JULY ....16..,....1974................................. FIRE COLLEGE SITE IMPROVEMENTS PER CONTRACT n 2. for .................................................................................................................................................................................................. ........................................................................................................................................................................................................ Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and workmanship proposed to be furnished thereby, or as to any portion of the same, and if the Principal will, within the period specified therefore, or, if no period be specified, within ten (10) days after notice of the award of the contract, enter into contract with the Obligee, to furnish all work and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties,as may be required, for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, within ten (10) days after such notice of award of contract the difference in money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others for such work and material, if the latter amount be in excess of the former, but in no event shall the Surety's liability exceed the penal sum hereof. In Witness Whereof, this instrument has been executedb e duly authorized representatives of the Prin- cipal and the Surety. .......................... . .... ... .. . ........ �,....................(Seal) Principal .................................P.ACIFZ.0...INS•URANCE...C•OMEAW.................(Seal) �<c Surety i ........... o���.............................. ccBEE DA y cr , x:_•,...i Bond 12645 Printed In U.S. A. 1 �t ��v4'�tC�tt�t1�!lC�pC_��t �pt�7ltC�IX�1C�11f�t101�Ga.'`11�, PROOF OF PUBLICATION (2010, 2015.5 CCP) NOTICE TO CONTRACTOR (Type of Notice) CONTRACT 2 - FIRE COLLEGE SITE IMPROVEMENTS CONCORD (Title of Matter) bids�;for�tf�wfurnid�ty� :labor, tramportotkort and �ricirfo►°CaintebcfG - `� Fi , txl'rot bu ed, Co .�i►' , ' (Action Number) t- / �,,fi�tinar��i�n �cantraa ,r�it` . M in lSp�dfkatiansanthfCNi af�fliris "1 " STATE OF CALIFORNIA } 5uprviaoes;' R ,,, 03: Cou /kisi�eii'ati � MarNnO 'Jll� ?kiR drowinps and�f�Cotlans rwyJ ek COUNTY OF CONTRA COSTASuRoe�rk$am WorksrEO�spocttrNnt, bth FioeC. Coil y Yaiildiig Plonaa+d Sctftaetiornt nwr'leo I am a citizen of the UnitedPublic , ` eteint stn. rr"Ca R States, a resident of the County ,�+'�° of ddiarsands Mc 6'�;l�°raMi�) aforesaid, and am over the age .:FachbW slrYilbar moria ar,o bld form to bo a6al of 18 years and not a party to _Pi,bNc Mtorki�DWOrten�nt.Mkh Fla6i two or interested in the above ar;ths,or,#tid botho"x" `` , matter. I am the principal J(10L mth.;biaiobu7;ana+it" to;, clerk of THE ROSSMOOR NEWS, a � +' CO `c°`ta``a"d' Ott't� J° newspaper of general circula— � ds.lwil b4 tt.d,onor'�bofor�'u..' :.. tion, published on Thursday of 4"Or, �duci'n�lhri�lrb�of- t es tibm6oes""�- each week in the City of Walnut ,�dniinlsfratian' iri AAat oett Contro; Creek, State of California, and Co"1Nornio;"aiiwf thonr�ai�Iar'it�soco 'd n� tFi «abowt~mnntioniW.bidaKwiftr shdY' 1 o f which newspaper has been ,pt�,. itN,. »tii,r ; ,u,t�;r<imoo-Ctntio�tt# # decreed a newspaper of general fOwaniodth.;ji_,_ an�ifwuf��/�faefoit�blr"ilt nttoiriid 4 aito�, y ntp,if tiw;sucaouful� `' circulation b the Superior '� YeMglab to ontar rota.fold Cor"tteect arty; °_ Court in and for the County of bil Contra Costa, State of � M ,Oi"ControCasiaF.Caiit t f�b�ddrrwiM.lf�roqu'i'nd`to� California, on March 22, 1971, �jyw 'an .e*eol'tafift entered in Judgment Book 3 76a#°t _"� o ltlttul Poefie ��on�ainf�iil�ta�onrxkwnind�;p�c�nt at page 8 thereof on March 24, , M* 1971. The notice of which the au11ha►�tae�obwies�ntMfStaiNafCo annexed is a printed copy (setiidwts+per boerbinnoliflri trot punteigi►t fo lid ;o „ �tho�Slafo af�,�Califot,�b�of,loo�olxlow' ,, z.}, s'�' in type not smaller than non- a*oW�Oo�dfias' 1e txrwOi „ ~h r pareil) has been published in each regular and entire issuetdf " aardlr.qulr«l,ro « ti of said newspaper and not in ControawChwilibei totMsucoowftd," " "�e`i�e �"°°SF jei�"di�m��a�ts any supplement thereof on the of�porvifors. - . following dates, to wit: tbr;itatd•aonl rourvis tho,rt�M to r JUNE 26, 1974 bW4Z JULY 3, 1974 the WR I declare under penalty of perjury that the foregoing is �Fa� true and correct. Executed on ��` Cowt $Cicitiid6�oiikbtMtk�oi JULY 3 1974 at tli.�o"ord°�af °Conte.+C,oN.` Walnut Creek, California. t; '? r *Caint�rCoNfas�apt ' � s "tax }3 q� itcrtirlon C:Mararadl ; ... To and including May 27, 1971, and thereafter published Wednesday of each week starting June 2, 1971. E D JUi 5 - 1974 J. R. WZON CLLR BOARD O: SUPERVISORS ONTRA COSTA CO. By.. __De ( • I11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COLr1TY, STATE OF CALIFORNIA In the Matter of Approving Plans ) and Specifications for Site ) Improvements (Contract 2) at ) RESOLUTION NO. 74/534 Contra Costa County Fire Protection) District Fire College, Concord, ) 'fork Order 5547. ) REAS Plans and Specifications for Site Improvements (Con- tract 2)at the Contra Costa County Fire Protection District Fire College, Treat Boulevard, Concord, California, Work Order 5547, have been filed with this Board this day by the Public corks Director and WHEREAS the general prevailing rates of wages, which shall be the minimum rates paid on this project, have been approved by this Board; NOW, THEREFOF29 IT IS BY MIS BOARD RESOLVED that said Plans and Specifications are hereby APPROVED. Bids for this work will be received on -July 16, 1974 at 11:00 A.K. and the Clerk of this Board is directed to putilsh Nocice to Contractors In the manner and for the time required by law2. inviting bids for said works said Notice to be published in the ROSS1.1001t i1...I t 'S PASSED AND ADOPTED on June 18 , 19 74 , by the following vote: AYES: Supervisors J. P. Kenny, A. m. rias, W. N. Boggess, L. A. linscheid, J. E. 14oriarty. NOES: None. ABSENT: None. RESOLUTION N0. 74/5%4 Form #9 (S. & H. Code 1072, 1326) CERTIFIED COPY (Gov. Code 25451, L5452) i certify that this is a f::li, true & correct copy of 71-3-500 3-5_00 the orie:nai document n'h1vi, is on file th my office. CG• YLtblie ;.orks Tirector and that it was passed X: adopted by the Board of 5upervl�ors of Contra Costa County. California. on County Auditor the date sho«-n. ATTEST: .t. R. OLSSON. Connty COlinty AdIIiniStratOr Clerk 6 ex-officio Clerk of said Board of Supervisors, by Deputy Clerk. NOTICE 'I'0 CON('"ACTOR Notice is hereby given by order of the Board of Supervisors of Contra Costa ' County, that Clerk of said Board will receive bids for the furnishing; of all labor, materials, equipment, transnortltion and services for Contract 2 - Fire Colie-c! Site Impr-ovv:::c!nts (Centra Costa Countv Fire Protection District) , Treat Boulevard, Concord, CA. The estimated construction contract cost (Base Bid) is $ 81500 Each b.id is to be in accordance with the Drawings and Specifications on file I at the Office of the Clerk of the hoard of Supervisors, Room 103, County Administration Building;, tLirtinez, California. t The drawings and specifications may be examined at the office of the Cleric ' of the Board of Supervisors or at the Public Works Department, 6th Floor, County Administration Building. Plans and Specifications may be purchased at the Public Works Department, 5t Floor, County Administration Building, upon payment of I Two dollars nnri 13 /]-(.,)($2. 13) per set. (Includes 6'-% sales tax.) I i Each bid shall be made on a bid form to be obtained at the Public Works Department, Gth Floor, County Administration Building, and must be accompanied by a certified cashier's check or checks, or bid bond in the amount of ten per cent (10%) of the base bid amount, made payable to the order of "The County of Contra Costa" and shall be sealed and filed with the Clerk of the Board of Supervisors. Bid proposals shall be submitted on or before Jlely 16. 1974 at 11:00 a.m. and will be opened in public at the time due in the Board of Supervisors' Chambers, Room 107, Administration Building, Martinez, Contra Costa County, California, and there read and recorded. The above-mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be forfeited by the bidder and retained by the County if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County. The successful bidder will be required to furnish a Iabor and Material Bond in an amount equal to fifty per cent (50/) of the Contract price and a Faithful Per- formance Bond in an amount equal to one hundred per cent (100;:) of the Contract price, said bonds to be secured from a Surety Company authorized to do business in the State of California. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has ascertained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of workman or mechanic required to execute thq Contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board . -of Supervisors. F - E D JUN if 1974 ' J. 2. OLSSON CLERK BOARD Oi- SUPERVI RS IIJONi OS1A CO puty ti - N ICE :l' RA 04 S o u The said Board reserves the• right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. No bidder may with- drrny hi: bid for a period of thirty (30) days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BY iL�it�, „ �.„ J- R. Olsson o County Clerk and Ex Officio Clerk of the Board of Supervisors, Contra Costa County,• California By _ C At" Deputy Dated: J,-U4e PUBLICATION DATES: i i 'T i �. I . (Bidder) DIVISION E. PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL the sixteenth (16th) day of July 1974 at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez, California, 94553. (A) TO TIIE HONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agree's to furnish any and al required labor, material, transportation, and services for Contrac 2 - Fire College Site Improvements, Treat Boulevard, Concord, . in strict conformity with the Plans Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, Administration Building. 'Martinez, CA. 94553 for the following sums; namely: BASE BID• Shall include all of the work for the construction and completion of all facilities therein, but not including any of the work in the following Alternates: f For the sum of: Dollars ($ ) L ' ED UN �? 194 ,. R. vaso" RK BOARD Ck SUPERVISORS COST Co -14- ' (B) It is understood that this bid is based upon completion of the work within forty-five (45) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time,, then, lie shall be liable to the County of Contra Costa in the amount of fifty Dollars ($ 50.00 ) i per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and not as a penalty, it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount- of damage. (D) The undersigned has examined the locctfon of the proposed work and is familiar with the Plans, Specifications and other contract documents and the ' local conditions at the place where the work is to be done. (E) The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the-part of the undersigned in making up this bid. DIVISION B. PROPOSAI. (Bid Form) Cont. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put- in a sham bid, or any ot172r person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (li) Attached is bid security as required in the Notice to Contractors. ❑ Cash ❑ Bidders Bond ❑ Cashiers Check ❑ Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Addendum 1'r dated J.ddendum F dated Addendum v dated By Address Phone Licensed In accordance with an act providin' for the registration of Con- tractors, Classification and License No. Dated this day of , 19 Rev. 12/72 -16- G DIVISION E. PROPOSAL (Rid Fora) Con t. LI j,T OF SL'^CO'"T'Tt% C,fORs: (As required by SECTION 12 - "SUBCONTrACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUBCONTi.XTORS", paragraphs (A) , (B), and (C) , of Instruction to bidders) . Portion of Work Name Place of Business 1 Rev. 12/72 -17- The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (kroposal) Form, along with the necessary attachments. Omission of the completed questionnaire from the Rid Forn or failure to ansv.,er all applicable questions shall be L;:ounds for rejectiun of bid in accordance with the Contract Documents, Division B. 1':3'aL:CT10`; TO E?7DE•::S, Section 10 (Fa6a 7) IRRFGU1.kR I'?C=i'C!S.';15. Inclusion of this questionnaire is at the request of the State Attoracy Gencral. QU STIONNAL:E 10 GENE T�Al. C0':Tr4CT0rS 1. here bid depository or registry services used. in obtaining subcontractor bid f igures in order to co:.pute your bid? Yes ( ) No ( ) 2. If the answer to No. l is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) 140 ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to atter.-pt to' convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) \7o ( ) 5. If the answer to No. 4 is "yep", please explain the following details: (a) Date: (b) -Name of person or group: (c) Joh involved (if applicable) : (d) Nature of the threats: (e) Additional coniments: (Use additional paper if necessary) Rev. 12/72 -18- • • OIRE COLLEGE SITE IMPROVEMENTS CONTRACT 2 DIVISION K SUPPLEMENTARY GENERAL CONDITIONS 1. Temporary Utilities Water and electrical power will be provided by the County at no cost to the Contractor. 2. Contractor's Operations a. If during the work the Contractor mars, damages or defaces County property, such shall be cleaned, repaired, replaced or otherwise restored by the Contractor to substantially the same condition at no cost to the County. b. Contractor shall maintain a clean and safe operation, including barricades as necessary for vehicles and pedestrian safety. 3. The work under each section shall include all labor, materials, transportation, equipment and services as required to complete that part of the project as described in the contract documents. 4. Permits and Fees - Section 10, Permits and Licenses, on Page 26 of General Conditions is hereby deleted. Contractor must obtain and pay for his own business license, if required. County will obtain, at no cost to Contractor, all permits, and will pay for all fees required by other governmental agencies. S. Existing driveway and parking lot must remain open and useable by Fire District personnel at all times. -43- �. • SPECIFICATIONS for CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT CONN CT 2 - FIRE COLLEGE SITE IMPROVEMENTS Treat Boulevard, Concord, CA. Engineer Contra Costa County Public Works Department Building Projects Division r I L D J N I F 1974 J. a r aERX eoAw MSORSC Prepared for Victor W. Sauer, Director Public t:'orks Department Contra Costa County Sixth Floor Administration Building Martinez, California DIVISIO14 A. Notice to Contractors DIVISION B. Instructions to Bidders Section 1 Competence of Bidders Section 2 Securing; Documents Section 3 Examination of Plans, Specifications, .and Site of Wort: Section 4 State and County Libor and Materials Requirement Section 5 Bidding; I)ocum,-nts Section 6 Submission of Proposals Section 7 Withdrawn of Proposals Section 8 Public Opening of Proposals. Section 9 Irregular Proposals Section 10 Competitive Bidding Section 11 Award of Contract Section 12 Special Requirements Section 13 Execution of Contract Section 14 Failure to Execute Contract DIVISION C. Performance Bond DIVISION D. Labor and Material Bond DIVISION E. Proposal (Bid Form) DIVISION r. Articles of Agreement DIVISION G. General Conditions. Section 1 Definitions Section 2 Governing Laws and Regulations Section 3 Patents and Royalties Section 4 Contractor's Responsibility for Work and Public Utilities Section 5 Bond and Insurance Section 6 Subcontracting Section 7 Time of Work and Damages Section 8 Progress Schedule Section 9 Temporary Utilities and Facilities Section 10 Permits and Licenses Section 11 Conduct of Work Section 12 Responsibility for Site Conditions' Section 13 Inspection Section 14 Rejection of Materials Section 15 Interpretation of Contract Documents Section 16 Clarifications and Additional Instructions Section 17 Deleted • Section 18 Product and Reference Standards Section 19 Materials, Articles, and Equipment Section 20 Shop Drawings, Descriptive Dat--, Samples, Alternatives 1_ - GENERAL CONDITIONS DIVISION G. General Conditions (con't.) Section 21 Samples and Tests Section 22 Change Orders Section 23 Labor Section 24 Occupancy by the County Prior to Acceptance Section 25 Preservation and Cleaning Section 26 Payment of Federal or State Taxes Section 27 Acceptance Section 28 Final Payment and Waiver to Claims Section 29 Guarantees DIVISION H. Special Conditions DIVISION I. Technical Conditions Section 1 Carpentry Section 2 Concrete Section 3 Electrical Section 4 Staining i i f -2- DIVISICN A. NOTICE TO COy'i'RA (Advertisement) i Notice is hereby given by order of the Board of Supervisors of Contra Costa County, that Clerk of said Board will receive bids for the furnishing of all labor, materials, equipment, transnortation and services for Contract 2 - Fire College Site Improvements (Contra Costa County Fire Protection District) , Treat Boulevard, j Concord, CA. The estimated construction contract cost (Base Bid) is $ 8,500 Each bid is to be in accordance with the Drawings and Specifications on file at the Office of the Clerk of the Board of Supervisors, Room 103, County Administration Building, Martinez, California. j i i The drawings and specifications may be examined at the office of the Clerk of the Board of Supervisors or at the Public Works Department, 6th Floor, County Administration Building. Plans and Specifications may be purchased at the Public Works Department, 5tc Floor. , County Administration building, upon payment of Two dollars and 13 /lp,O($2.13) per set. (Includes 6�% sales tax.) i Each bid shall be made on a bid form to be obtained at the Public Works Department, 6th Floor, County Administration Building, and must be accompanied by a certified cashier's check or checks, or bid bond in the amount of ten per cent (10%) of the base bid amount, made payable to the order of "The County of Contra Costa" and shall be sealed and filed with the Clerk of the Board of Supervisors. Bid proposals shall be submitted on or before July 16, 1974 at 11:00 a.m. and will be opened in public at the time due in the Board of Supervisors' Chambers, Room 107, Administration Building, Martinez, Contra Costa County, California, and there read and recorded. The above-mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be forfeited by the bidder and retained by the County if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County. The successful bidder will be required to furnish a labor and Material Bond in an amount equal to fifty per cent (50%) of the Contract price and a Faithful Per- formance Bond in an amount equal to one hundred per cent (1001;) of the Contract price, said bonds to be secured from a Surety Company authorized to do business in the State of California. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has ascertained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of workman or mechanic required to execute thq Contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. -3- NOTICE TO CONTRACTORS (Continued) The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. No bidder may with- draw his bid for a period of thirty (30) days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY • BY J. R. Olsson County Clerk and Ex Officio Clerk of the Board of Supervisors, Contra Costa County, California By Deputy Dated: PUBLICATION DATES: i !i i t � t Rev. 12/72 i DIVISION B. INSTRUCTION TO BIDDERS: The bidder shall carefully examine the instructions contained herein and satisfy himself as to the conditions with which he must comply prior to bid in submitting his proposal, and to the conditions affecting the award of contract. SECTION I. COMPETFUCE OF BIDDERS: (a) License: No bidder may bid on work of a kind for which he is not properly licensed, and any such bid received may be disregarded. (b) Bidders shall be experienced in the type of work for which they are bidding and shall, upon request of the County, submit to the County a written list of completed projects, with the name of the owner or contract officer indicated. SECTION 2. SECURING DOCUMENTS: (a) Drawings and Specifications may be secured at the place and for the deposit or fee as called out in the "Notice to Contractor", page 3. (b) The deposit, if called for in the "Notice to Contractor", page 3, is a guarantee that the Drawings and Specifications will be returned in good condition. (c) The fee, if called for in the "Notice to Contractor", page 3, is a non-refundable payment to defray a portion of the printing and handling costs. SECTION 3. EXAMINATION OF FLANS, SPECIFICATIONS, AND SITE OF THE WORT`: (a) CONTRACTOR'S RESPONSIBILITY: The bidders shall examine carefully the site of the work, and the plans and specifications therefor. He shall investigate and satisfy himself as to conditions to be encountered, the character, quality, and quantity of surface, and subsurface materials or obstacles to be encountered, the work to be performed, and materials to be furnished, and as to the requirements of the proposal, plans, and specifications of the contract. Where investigations of subsurface conditions have been made by the County in respect to foundation or other structural design, and that information Is shown in the plans, said information represents only the statement by the County as to the character of material which has been actually encountered by it in its investigation, and is only included for the convenience of bidders. Investigations of subsurface conditions are made for the purpose of design, and the County assumes no responsibility whatever in respect to the sufficiency or accuracy of borings, or of the log of test borings, or other preliminary investigations, or of the interpretation therefor. There is no guarantee or warranty, either express or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unlooked for developments may not occur. Making such information avail- able to bidders is not to be construed in any way as a waiver of the provisions Rev. 12/72 _s_ SECTION 3. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: (Con't.) of this article concerning the Contractor's responsibility for subsurface conditions, and bidders must satisfy themselves through their own investigations as to the actual conditions to be encountered. (b) RESPONSIBILITY FOR UTILITIES: As part of the responsibility stated in subdivision (a) above, and without limitation thereon, the Contractor shall be responsible at his own cost for any and all work, expense or special precautions caused or required by the existence or proximity of utilities encountered in performing the work, including without limitation thereon, repair of any or all damage and all hand or exploratory excavation required. The bidder is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and the ducts enclosing such cables, and when working or excavating in the vicinity thereof, the special precautions to be observed at his own cost shall also include the following: All such cables and their enclosure ducts shall be exposed by careful hand excava- tion so as not to damage the ducts or cables, nor cause injury to persons, and suitable warning signs, barricades, and safety devices shall be erected as necessary or required. In connection with the foregoing, the bidder's attention is invited to Section 12 of Division G of these specifications. (c) DISCREPANCIES OR ERRORS: If omissions, discrepancies, or apparent errors are found in the plans and specifications prior to the date of bid opening, the bidder shall submit a written request for a clarification which will be given in the form of addenda to all bidders if time permits. Otherwise, in figuring the work, the bidders shall consider that any discrepancies or conflict between drawings and specifica- tions shall be governed by Section 15 of Division G of these specifications. SECTION 4. BIDDING DOCUMENTS (a) Bids shall be made upon the special Proposal (Bid Form) (See Section E of this Specification), with all items completely filled out; numbers shall be stated both in writing and in figures, the signatures of all persons signed shall be in longhand. The completed form should be without interlinea- tions, alterations or erasures, no alternative proposals. Additional copies of the Proposal (Bid Form) may be obtained from those supplying these specifications. (b) Bids shall not contain any recapitulation of the work to be done; alternative proposals will not be considered, unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. Rev. 12/72 -6- SECTION 4. BIDDINS DOCUMENTS: (Con't.) (c) List of Proposed Subcontractors: Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of h of 1 percent of his total bid, in accordance with Chapter 2, Division 5. Title 1, of the Government Code. See Section 1 of Division G of these specifications for definition of subcontractor. See Section 6 of Division G of these specifications for further reference to subcontractors. (d) Bidder's Security: All bids shall have enclosed cash, a cashier's check, certified check, or a bidder's bond, as described below, executed as surety by a corporation authorized to issue surety bonds in the State of California, made payable to "Contra Costs County", in an amount equal to at least 10 percent of the amount of the bid. No bid shall be considered unless one of the forms of bidder's security is enclosed therewith. SECTION 5. SUBMISSION OF PROPOSALS: Proposals shall be submitted to the Clerk of the Board of Super- visors of Contra Costa County at the place indicated on the bid proposal. It Is the sole responsibility of the bidder to see that his bid is received in proper time. All proposals shall be submitted under sealed cover, plainly Identified as a proposal for the work being bid upon and addressed as directed In the Notice to Contractors and the bid proposal. Failure to do so may result In a premature opening of, or a failure to open such bid. Proposals which are not properly marked may be disregarded. SECTION 6. WITHDRAWAL OF PROPOSALS: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of such bid is filed with the Clerk of the Board of Supervisors of Contra Costa County. Amt, oral, telegraphic, or telephonic request to withdraw a bid proposal Is not acceptable. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid. This article does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids. SECTION 7. PUBLIC OPENING OF PROPOSALS: Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are Invited to be present. SECTION 8. IRREGULAR PROPOSALS: Proposals may be rejected if they show any alteration of form, addi- tions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind, if bid amount is changed after the amount is originally inserted, the change should be initialed. -7- SECTION IRREGULAR PROPOSALS: (Con't.) The County also reserves the right to accept any or all alternates and unit prices called for on the Bid Form and their order of listing on such form shall in no way indicate the order in which the bids may be accepted. SECTION 9• COMPETITIVE BIDDING: If more than one proposal be offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or work to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid directly for the materials or work. All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this contract is in violation of the competitive bidding requirements of the State law and may render void any contract let under such circumstances. SECTION 10. AWARD OF CONTRACT: The right is reserved to reject any and all proposals. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within 30 days after the opening of the proposals. SECTION 11 . SPECIAL REQUIREMENTS: The bidder's attention is invited to the following special pro- visions of the contract, all of which are detailed in the General Conditions (Division G) or other documents included in these specifications. (a) Bonds (b) Insurance (c) Liquidated Damages (d) Guarantee (e) Inspection and Testing of Materials (f) Facilities to be Provided at Site (g) Assignment of Contract Prohibited SECTION JZ. EXECUTION OF CONTRACT: The contract (example follows Page 18 ) shall be signed by the successful bidder in duplicate counterpart and returned within five (5) days of receipt, not including Saturdays, Sundays, and legal holidays, together with the Cantract Bonds and Certificates of Insurance. No contract shall be binding upon the County until same has been executed by the Contractor and the County. Should the Contractor begin work in advance of receiving notice that the contract has been approved as above provided, any work performed by him will be at his own risk and as a volunteer unless said contract is so approved. Rev. 12/72 -g- SECTION 13. FAILURE TO EXECUTE CONTRACT: Failure to execute a contract and file acceptable bonds and certificates of insurance as provided herein within 10 days, not including Saturdays, Sundays, and legal holidays, after the successful bidder has received the contract for execution shall be just cause for the annulment of the award and the forfeiture of the bidder's security. If the successful bidder refuses or fails to execute the contract, the County may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the County may award the contract to the third lowest responsible bidder. On the failure or refusal of the second or third lowest responsible bidder to whom any such contract is so awarded to execute the same, such bidders' securities shall be likewise forfeited to the County. The work may than be readvertised or may be constructed by day labor as provided by State law. -9- DIVISION C. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS: The Board of Supervisors of the County of Contra Costa, State of California By Resolution passed , 19 , has awarded to hereinafter designated as the "Principal", a Contract for constructing and, WHEREAS, said Principal is required under the terms of said Contract and the Specifications therefor, to furnish a bond for the faithful performance of said Contract, NOW, THEREFORE, We, the principal, and as Surety, are held and firmly bound unto the said County of Contra Costa, State of California, in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executora, administrators, and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above banded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the said County of Contra Costa, its officers, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. Rev. 12/72 -10- PERFORMANCE BOND (Con't.) And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above- named, on the day of (To be signed by ) (Principal and Surety) Principal (and acknowledgment ) (and Notarial Seal to) By (be attached. ) Surety By The above bond is accepted and approved this day of , 19 The above bond is accepted and approved this day of , 19 Rev. 12/72 -11- DIVISION D. PAYMENT BOND (Labor and Material Bond) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the Board of Supervisors, Contra Costa County, State of California by resolution passed , 19 , has awarded to designated as the "Principal," a contract for the work described as follows: WHEREAS, said principal is required by Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code to furnish a bond in connection with said contract: NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto Contra Costa County in the penal sum of Dollars ($ ), lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any person or persons named in Civil Code Section 3181 or fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor, then said Surety will pay for the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees, as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code. -12- Rev. 12/72 This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claim under Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of 19 Principal By Surety By Attorney-in-Fact Rev. 12/72 -13- (Bidder) DIVISION E. PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL the sixteenth (16th) day of July 1974 at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez, California, 94553. (A) TO THE HONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for Contract 2 Fire College Site Improvements, Treat Boulevard, Concord, GA. in strict conformity with the Plans Specifications, and other contract documents on file at the Office or the Clerk of the Board of Supervisors, First Floor, Administration Buildinc4, Martinez, CA. 94553 for the following sums; namely: BASE BID• Shall include all of the work for the construction and- completion of all facilities therein, but not including any of the work in the following Alternates: ' For the sum of: Dollars ($ ) -14- ' (B) It is understood that this bid is based upon completion of the work within forty-five (SFS) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should frail to complete the work of the contract within the stipulated times then, lie shall be liable to the County of Contra Costa in the amount of T fifty Dollars ($ 5C'•t'C ) per calendar clay for each day said work rema ins uncompleted beyond the time for ; completion, as and for liquidated dar'.ages and not as a penalty, it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. (D) The undersigned has examined the loco;on of the proposed work and is familiar with the Plans, Specifications and other contract documents and the ' local conditions at the place where the work is to be done, j (E) The undersigned has checked carefully all of the above figures and understands 1 that the Board of Supervisors •Till not be responsible for any errors or omissions on the part of the undersigned in making up this bid. }} jjr- r DIVISION E. PROPOSAL (Bid Form Cont. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. D Cash O Bidders Bond O Cashiers Check ❑Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Addendum # dated Addendum # dated Addendum # dated By Address Phone Licensed in accordance with an act providing for the registration of Con- tractors. Classification and License No. Dated this day of , 19 Rev. 12/72 -16- DIVISION E. PROPOSAL (Bid Form) Con't. LIST OF SUBCONTRACTORS• (As required by SECTION 12 - "SUBCONTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUBCONTRACTORS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of Business Rev. 12/72 -17- DIVISION F. ARTICLES OF AGREEMENT (Contract) CONTRACT (Construction Agreement) (Contra Costa County Standard Form) 1. VARIABLES. These variables are incorporated below by reference. (551.3) Parties: (Public Agency) [Contractor) (92) Effective Date; (See f4 fer starting date.) (13) The York: (14) Completion Time: - (strike out (a) or (b) "calendar" or "6orking") (a) By (date) (b) Within •'talendat/working days from starting date, (f S) Liquidated Damages: $ per calendar day. (16) Public Agency's Agent: 07) Contract Price: S (for unit price contracts: more or less, in accordance with finished quantities at unit bid prices.) (Strike out parenthetical material if inapplicable.) E. SIGNATURES t ACENOWLEDGHENT. Public Agency, By: (President or Chairman) (Secretary) Contractor, hereby also acknowledging awareness of and compliance with Labor Code 11861 concerning Workmen's Compensation Lou.' By: Designate official capacity in the business) Note to Contractor: (1) Execute aaknouledgment farm below; and (P) if a corpora- tion, attach a certified copy of the bylaws, or of the resolution of the Board of Directors authorising execution of this contract and of the bonds required hereby. ------------------------------------------------------------------------------------------ State of California ) aa_ ACX,YOWLEDGIIENT (by Corporation. County of ) Partnership, or Individual) The person(s) signing above for Contractor, known to me in indlvldual and business capacity as stated, personally appeared before me today and acknowledgedthat he/they executed it and that the corporation or partnership named above executed it. Dated: (SEAL) _ Notary Public FORM AP!'ROVED: J. B. CLAUSEN. County Counsel. By !_Deputy (Pare 1 of 4) -ISa- (CC-1; Rev. 4-72) The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, along with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGULAR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes ( ) No ( ) 2. If the answer to No. i is "yes," please forward a copy of tht rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( ) 5. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -18- i 3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date, these parties promise and agree as act forth in this contract, incorporating by these references the material ("variables") in See. 1. (b) Contractor shall, at his own cost and expense, and In a workmanlike manner, fully and faithfully perform and complete this work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plarVs. drawings and specifications. (c) This work can be changed only with 'Public Agency's prior written order specifying such change and its cost agreed to by the parties: and the Public Agency shall never have to pay more than specified in Sec. 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed In the specs- . ficatfons or the Notice to Proceed; and shall complete It as specified in Sec. 1. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor, allowance being made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because,. from the nature of the case, it is and will be Impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, It is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay In finishing said work; and if the same be not paid, Public Agency may, In addition to its other remedies, deduct the same from any money due or to become due Contractor under this con- tract. If the Public Agency for any cause authorises or contributes to a delay, suspen- sion of work or extension of time. its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications, of any Public Agency's . call for bids, and.Contraetor's accepted bid for this work are hereby incorporated into this contract; and they are intended to.co-operate, so that anything exhibited in the plans or drawings and not mentioned in the specifications, or vice versa, Is to be executed as If exhibited, mentioned and set forth in both, to the true Intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in See. 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency-shall pay the Contractor the sum specified In See. 1, except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first day of each calendar month the Contractor shall submit to the Public Agency a verified application for payment, supported by a statement showing all material• actually installed during the preceding month, the labor expended thereon, and the cost thereof; whereupon, after checking, the Public Agency shall issue to Contractor a certificate for the amount determined to be due, minus 10% thereof pursuant to Government Code See. 53067, but not until defective work and materials have been removed, replaced and made good. B. PAYMENTS WITHHELD. (a) The Public Agency or Its agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, (2) Claims filed or reasonable evidence Indicating probable filing, (3) Failure to properly pay subcontractors or for material or labor, , (4) Reasonable doubt that the work can be completed for the balance then unpaid, or ' (5) Damage to another contractor. (b) The Public Agency shall use reasonable diligence to discover and report to the . Contractor, as the work progresses, the materials and labor which are not satisfactory to it. so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire (Page 2 of 4) (CC-1; Rev. 4-72) -18b- work, 1t shall Sague a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under chi■ contract, provided the Contractor shows that all claim• for labor and materials have been paid, no claims have bean presented to the Public 'Agency basad on act# or omissions of the Contractor, and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of lace-recorded notices of liens or claims against Contractor. e" ,9. INSURANCE. (Labor. Code 111860-61) On signing this contract, Contractor must give Public Agency (1) a certificate of consent to •elf-insure issued by the Director of Industrial Relations, or (2) a certificate of Workmen's Compensation insurance issued by an admitted insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Sec. 3700 and the Workman's Compensation Law. 30. BONDS. On signing this contract Contractor •hall deliver to Public"Agency, for approval good and ■ufficlent.bonds with sureties, in amounts) spec}tied in the specifi- cations, guaranteeing nis faithful performance of this contract and his payment for all ' labor and materials hereunder. 11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(#), to supply sufficient materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency, the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Doth parties recognite the applicability of various federal, state and local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Sec. 1720, and including Sacs. 1735 6 1777.6 forbidding dis- crimination) and intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Secs. 1775 i 1613, concerning prevailing wages and hours, shall apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Government Code 114100-4113 are Incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Sec. 1773, the governing body of the Public Agency has ascertained the general prevailing rates of wages per diem, and for holiday and overtime work, 1n the locality in which this work is to be performed, for each craft, classification, or type of workman seeded to execute this contract, and said rates are as specified in the call for bids for this work and are on file with the Public Agency, and are hereby incorporated herein. ' (b) This schedule of wages is based ca a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours con- stituting the working day. When less thaw that number of hours are worked, the daily wage rate In proportionately reduced. but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at lust these rates to all persons on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes neces- sary for the Contractor or any subcontractor to employ any person in a craft, classifi- cation or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate is specified, the Contractor shall immediately notify the Public Agency which shall promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rata based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no workman employed at any time on this work by the Contractor or by any sub- contractor shall be required or permitted to work longer thereon except as provided in Labor Code Secs. 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Seca. 1777.5, and 1777.6 on non-discrimination. (Page 3 of 4) CC-1; Rev. 4-72) -18C- 17. PREFERENCE FOR 4ATERIALS. The Public Agency desires to promote the industries and economy of Contra costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County In every case where the price, fitness and quality are equal. 18. ASSIGNMENT. This agreement binds the heirs, successors, assigns, and representatives of the Contractor: but he cannot assign It in whole or In part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless- they have wi'Ived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. ' 20. HOLD HARMLESS i INDEMNITY. (a) Contractor promises to and shall hold harmless and lndemr.ify from the liabilities as defined in this section. (b) The Indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suflered. Incurred or threatened because of actions defined below, Including personal injury. death, property damage, inverse condemnation, or any combination of tdese, regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and Including the defense of any suit(s) or action(s) at law or equity concerning these. (d) The actions causing Liability are any act or omission (negligent or non- negligent) in connection with the matters covered by this contract and attributable to the contractor, subtontractor(s), or any officer(s), agent(s) or amployee(s) of one or more of them. (e) Non-Condltions: The promise and agreemanc in this section fs�of conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(.) In connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negli- gent or willful misconduct of any Indemnitee. (Page 4 of 4) CC-1; Rev. 4-72) -18d- DIVISION G. GENERAL CONDITIONS SECTION 1. Definitions: Whenever the following terms, pronouns in place of them, or initials of organizations appear in the contract documents, they shall have the following meaning: Addendum--A document issued by the County during the bidding period which modifies, supersedes, or supplements the original contract documents. Agreement--The written document of agreement, executed by the County and the Contractor. Architect or iaeer--Shall mean the architect, engineer, individual or co-partnership, employed by the County of Contra Costa; as designated on the title sheet of these specifications. When Contra Costa County is designated as the Engineer, Engineer shall mean Victor W. Sauer, Public Works Director, or his authorized representative. Bidder--Any individual, partnership, corporation, association, joint venture, or any combination thereof, submitting a proposal for the work, acting directly, or through a duly authorized representative. Board of Supervisors--Shall mean the duly elected or appointed officials who constitute such a Board, who will act for the County in all matters pertaining to the Contract. Change Order--Is any change in contract time or price and any change in contract documents not covered by substitutions, submittals, or field orders. (See Section 21). Project Inspector, Construction Supervisor Inspector, or Clerk of the Works shall mean the authorized agent of t e County at t e 7ste of Me— work. ework. Contract--She contract is comprised of the contract documents. Contract Documents--The contract documents include the agreement, notice to contractors, instructions to bidders, proposal, plans, general condi- tions, supplementary general conditions, specifications, contract bonds, addenda, change orders, and supplementary agreements. Contractor--The individual, partnership, corporation, associa- tion, joint venture, or any combination thereof, who has entered into a contract with the County. County--Shall mean the County of Contra Costa, a political subdivision of the State of California and party of the first part, or its duly authorized agent acting within the scope of their authority. Field Order--Is an instruction given during the course of the work, not involving a change in contract time or price. (See Section 16B). General Notes--The written instructions, provisions, conditions or other requirements appearing on the drawings, and so identified thereon, which pertain to the performance of the work. Rev. 12/72 -I9- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 1, Definitions (Con't.) Plans -- The official drawings including plans, elevations, sections, detail drawings, diagrams, general notes, information and schedules thereon, or exact reproductions thereof, adopted and approved by the County showing the location, character, dimension, and details of the work. Specifications -- The instructions, provisions, conditions and detailed requirements pertaining to the methods and manner of performing the work, or to the qualities and quantities of work to be furnished and installed under this contract. Subcontractor -- An individual, partnership, corporation. association, joint venture, or any combination thereof, who contracts with the Contractor to perform work or labor or render service in or about the work. The term subcontractors shall not include those who supply materials only, Superintendent -- The representative of the Contractor who shall be present at the work site at all times during performance of the work, Such Superintendent shall at all times be fully authorized to receive and act upon instructions from the Architect or his authorized agents and to execute and direct the work on behalf of the Contractor. Supplementary Agreement -- A written agreement providing for alteration, amendment, or extension of the contract. Work -- The furnishing and installing of all labor, materials articles. supplies and equipment as specified, designated, or required by the contract. SECTION 2. GOVERNING LAWS AND REGULATIONS: A. The Contractor shall keep informed of and observe, and comply with and cause all of his agents and employees to observe and comply with all prevailing Federal and State laws, local ordinances, and rules and regulations made pursuant to said laws, which in any way affect the conduct of the work of this contract, B. All work and materials shall be in full accordance with the latest rules and regulations of the Uniform Building Code. the State Fire Marshal, the Safety Orders of the Division of Industrial Safety, the National Electric Code, the Uniform Plumbing Code published by the Western Plumbing Officials Association. and other applicable State laws or regulations. Nothing In these Plans or Specifications is to be construed to permit work not conforming to these Codes. The Contractor shall keep copies of Codes on job at all times during construction period. Rev. 9/72 -20- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 2. GOVERNING LAWS AND REGULATIONS: (Con't.) C. Excerpts from Section 6422 of the Labor Code of the State of California are included below. The contractor shall comply fully with this section of the Labor Code as applicable. "No contract for public works involving an estimated expenditure in excess of $25,000.00 for the excavation of any trench or trenches five feet or more in depth, shall be awarded unless it contains a clause requiring submission by the Contractor and acceptance by the awarding body or by a registered civil or structural engineer, employed by the awarding body, to whom authority to accept has been delegated, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. "Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. "Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. "The terms 'public works' and 'awarding body', as used in this section shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively." SECTION 3. PATENTS AND ROYALTIES: A. The Contractor shall provide and pay for all licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the work. Certificates showing the payment of any such licenses or royalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by the Contractor and delivered to the County on com- pletion of the work, if required. Rev. 12/72 -21- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 5. BOND AND INSURANCE: (Con't.) In case any class of employee engaged in hazardous work under the Contract at the site of the project is not protected under the Workmen's Compensation statute, or in case there is no applicable Workman's Compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of his employees not otherwise protected. C. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance, naming Contra Costa County as an additional insured, as shall protect him and any subcontractor performing work covered by this Contract, from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $250,000.00 for injuries, including wrongful death, to any one person, and, subject to the same limit for each person, in an amount not less than $500,000.00 on account of one accident, and property damage insurance in an amount not less than $50,000.00. The Contractor shall submit a Certificate of Liability Insurance which shall include the "hold harmless" agreement as required in the Articles of Agreement. D. FIRE INSURANCE: The Contractor shall carry fire and extended coverage insurance naming Contra Costa County as an additional insured during the period of construction of the work in an amount not less than the total amount of the progress payments received by him from Contra Costa County, less the amount paid to him on account of excavation and foundations. E. CERTIFICATES OF INSURANCE: Certificates of such Workmen's Compensation, Public Liability, Property Damage Insurance, and Fire Insurance, shall be filed with the County and shall be subject to County approval for adequacy of protection. All certificates shall indicate that Contra Costa County has been named as an additional insured. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled until at least ten days'prior written notice has been given to Contra Costa County. F. PERFORMANCE BOND: one bond shall be in the amount of One Hundred per cent (100%) of the Contract, and shall insure the Owner during the life of the Contract and for the term of one (1) year from the date of acceptance of the work against faulty or improper materials or workmanship that may be discovered during that time. Rev. 12/72 -23- UIVISIUa G. Gi110.%!. CONDITLoll S (Con's.) SECTION 4 CONTRACTOR'S RESPONSIBILITY FOR YORK AND PUBLIC UTILITIES: A. The Work Until the formal acceptance of the work by the County, the Contractor shall have the charge and care thereof and shall bear the risk of Injury or damage to any part of the work by the action of the elements or from any other cause except as provided in Section 23. The Contractor, at Contractor's cost, shall rebuild, repair, restore, and make good all such damages to any portion of the work occasioned by any of such causes before its acceptance. B. Public Utilities: a. The Contractor shall send proper notices, make all necessar; arrangements, and perform all other services required in the care and maintenance of all public utilities. The Contractor shall assume all responsibility concern- ing same for which the County may be liable. b. Enclosing or boxing in, for protection of any public utility equipment, shall be done by the Contractor. Upon completion of the work, the Contractor shall remove all enclosures, fill in all openings in masonry, grouting the same watertight, and leave in a finished condition. c. All connections to public utilities shall be made and maintained in such manner as not to interfere with the continuing use of same by the County during the entire progress of the work. SECTION S. BOND AND INSURANCE: A. The contractor to whom the work is awarded shall within five (S) working days after being notified enter into a contract with the owner on the Contra Costa County Standard Form for the work in accordance with the drawing and Specifications, shall furnish and file at the same time labor and material and faithful performance bonds as set forth in the advertisement for bids, on a form acceptable to the County. B. COMPENSATION INSURANCES The Contractor shall take out and maintain during the life of this Contract adequate Workmen's Compensation Insurance for all his employees employed at the site of the project, and in case any work is sublet, the Contract shall require the subcontractor similarly to provide Workmen's Compensation Insurance for the latter's employees, unless such employees are covered by the protection afforded by the Contractor. Rev. 12/72 -22- DIVISION G. GENERAL CONDITIONS (Can't.) SECTION 5. BOND AND INSURANCE: (Con't.) In case any class of employee engaged in hazardous work under the Contract at the site of the project is not protected under the Workmen's Compensation statute, or in case there is no applicable Workman's Compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of his employees not otherwise protected. C. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance, naming Contra Costa County as an additional insured, as shall protect him and any subcontractor performing work covered by this Contract, from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $250,000.00 for injuries, including wrongful death, to any one person, and, subject to the same limit for each person, in an amount not less than $500,000.00 on account of one accident, and property damage insurance in an amount not less than $50,000.00. The Contractor shall submit a Certificate of Liability Insurance which shall include the "hold harmless" agreement as required in the Articles of Agreement. D. FIR£ INSURANCE: The Contractor shall carry fire and extended coverage insurance naming Contra Costa County as an additional insured duri:ig the period of construction of the work in an amount not less than the total amount of the progress payments received by him from Contra Costa County, less the amount paid to him on account of excavation and foundations. E. CERTIFICATES OF INSURANCE: Certificates of such Workmen's Compensation, Public Liability, Property Damage Insurance, and Fire insurance, shall be filed with the County and shall be subject to County approval for adequacy of protection. Al'_ certificates shill indicate that Contra Costa County has been named as an additional insured. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled until at least ten days'prior written notice has been given to Contra Costa County. F. PERFORMANCE BOND: One bond shall be in the amount of One Hundred per cent (100%) of the Contract, and shall insure the Owner during the life of the Contract and for the term of one (1) year from the date of acceptance of the work against faulty or improper materials or workmanship that may be discovered during that time. Rev. 12/72 -23- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION S. BOND AND INSURANCE: (Con't.) G. LABOR AND MATERIALS BOND: One bond shall be in the amount of fifty per cent (501-) of the Contract price, and shall be in accordance with the laws of the State of California to secure the payment of all claims for labor and materials used or consumed in the performance of this Contract and of all amounts under the Unemployment Insurance Act. SECTION 6. SUBCONTRACTING: A. The Contractor shall be responsible for all work performed under this contract, and no subcontractor will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor. B. The Contractor shall give his personal attention to the ful- fillment of this contract and shall keep the work under his control. When any subcontractor fails to prosecute a portion of the work in a manner satisfactory to the Architect or Engineer , the Contractor shall remove such subcontractor immediately upon written request of the Architect or Engineer and he shall not again be employed on the work. C. Although the specification sections of this contract may be arranged according to various trades, or general grouping of work. the contractor is not obligated to sublet the work in such manner. The County will not entertain requests to arbitrate disputes among subcontractors or between the Contractor and one or more subcontractors concerning responsibility for performing any part of the work. D. Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. E. Substitution of Subcontractors: Contractor shall not substitute any person or subcontractor in place of a subcontractor listed in his bid proposal without the written approval of the County. Substitution of subcon- tractors must be in accordance with the provisions of the "Subletting and Sub- contracting Fair Practices Act" beginning with Section 4100 of the Government Code. Violations of this Act by the Contractor may subject him to penalties which may include cancellation of contract, assessment of 10 per cent of the subcontractor's bid, and disciplinary action by the Contractors' State License Board. SECTION 7. TIME OF YORK AND DA."LAGES: A. The County will designate the starting day of the contract on which the Contractor shall immediately begin and thereafter diligently prosecute the work to completion. The Contractor obligates himself to complete the work on or before the date, or within the number of calendar days, set forth in the Proposal (Bid Form) for completion, subject only to such adjustment of time as may be set forth in this article or pursuant to Section 21. Rev. 12/72 -24- DIVISION G. GENERAL CONDITIONS (Coni.) SECTION 7. TIME OF WORK AND DAMAGES: (Con't.) B. If the work is not completed with the time required, damage will be sustained by the County. It is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the County will sustain by reason of such delay; and it is therefore agreed that the Contractor will pay to the County the aim of money stipulated per day in the Specifications for each and every day's delay in finishing the work beyond the time prescribed. If the Contractor fails to pay such liquidated damages the County may deduct the amount thereof from any stoney due or that may become due the Contractor under the contract. C. The work shall be regarded as completed upon the date the County has accepted the same in writinx. D. If it appears to the Contractor that he will not complete the work in the stated time, he shall make written application to the County as soon as he so determines, but at least ten (10) calendar days prior to the expiration of the time for completion, stating the reasons why an extension should be granted and the amount of extension desired for each reason. The County may, then, in its discretion grant or deny such extension. E. Any money due, or to become due the Contractor, may be retained to cover said liquidated damages and should such money not be sufficient to cover such damages, the County shall have the right to recover the balance from the Contractor or his sureties. F. Should the County, for any cause, authorise a suspension of work, the time of such suspension will be added to the time allowed for comple- tion. Suspension of work by order of the County shall not be deemed a waiver of the claim of the County for damages for non-completion of the work after the adjusted time as required above. SECTION 8, PROGRESS SCHEDULE: Within three weeks after the Contractor has been notified to start work, he shall submit to the County a practicable progress schedule of operations on a chart form approved by the County. The schedule of operations shall show the order in which the Contractor proposes to carry out the work, the dates on which he will start each major subdivision of the work, and the contemplated dates of completion of such subdivision. When required by the County, the Contractor shall submit an adjusted progress schedule on the approved form to reflect changed conditions. SECTION 9. TEMPORARY UTILITIES AND FACILITIES: A. All water used on the work will be furnished and paid for by the Contractor. The Contractor shall furnish the necessary temporary piping from the distribution point to the points on the site where water is necessary to carry on the work and upon completion of the work shall remove all temporary piping. Rev. 12/72 -25- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 9. TEMPORARY UTILITIES AND FACILITIES: (Con't.) B. The Contractor, at his own cost, shall furnish and install all meters, all electric light and power equipment and wiring, all gas meters. gas equipment and piping that is necessary to perform his work and shall remove the same upon the completion of the work. The Contractor shall pay for all power, light and gas used in the construction work. C. The Contractor shall furnish, wire for, install and maintain temporary electric light wherever it is necessary to provide illumination for the proper performance and/or inspection of the work. The lighting shall pro- vide sufficient illumination and shall be so placed and distributed that these Specifications can be easily read in every place where said work is being per- formed. This temporary lighting equipment may be moved about but shall be maintained throughout the work, available for the use of the Engineer, Project Inspector, or any other authorized representative of the County whenever required for inspection. D. The Contractor shall provide and maintain for the duration of the work, temporary toilet facilities for the workmen. These facilities shall be of an approved type conforming to the requirements of the County Health Department, and shall be weather-tight structures with raised floors. Structures are to have adequate light and ventilation and door equipped with latch or lock. Contractor shall service such facilities daily, maintaining same in a clean and sanitary condition. Portion of site occupied by toilet facilities shall be graded and cleaned up upon removal of facilities when so ordered and/or upon completion of work. E. See Special Conditions for Variations to the above requirements. SECTION 10, PERMITS AND LICENSES: A. Within incorporated cities, the Contractor shall obtain all permits, and all licenses, that are required for the performance of his work by all laws. ordinances, rules, regulations, or orders of any officer and/or body lawfully empowered to make or issue the same and having jurisdiction. and shall give all notices necessary in connection therewith and pay all fees lawfully required relating thereto and all costs and expenses lawfully incurred on account thereof. The Contractors attention is called to Health and Safety Code Section 19132.9, which states that one public jurisdiction may not charge for building permits for another public jurisdiction. B. Within the unincorporated area of Contra Costa County, the Contractor shall obtain all permits, and all licenses that are required for the performance of his work by all laws, ordinances, rules, regulations, or orders of any officer and/or body lawfully empowered to make or issue the same and having jurisdiction, and shall Sive all notices necessary in connection therewith. There will be no charge to the Contractor for permits issued by the County Building Inspector. Rev. 12/72 -26- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 11. CONDUCT OF WORK: A. The Contractor shall observe that the County reserves the right to do other work in connection with the project by Contract or otherwise, and he shall at all times conduct his work so as to impose no hardship on the County or others engaged in the work. He shall adjust, correct and coordinate his work with the work of others so that no discrepancies shall result in the whole work. B. The Contractor shall provide an adequate work force, materials of proper quality, and equipment.to properly carry on the work and to insure completion of each part in accordance with his schedule and with the time agreed. C. The Contractor shall personally superintend the work and shall maintain a competent superintendent or foreman at all times empowered to act in all matters pertaining to the work. D. Daily manpower reports shall be signed by the Contractor, or his Superintendent, and submitted weekly. E. Unless otherwise specified, the Contractor shall clear all obstructions and prepare the site ready for the construction. Ne shall verify dimensions and scale of plot plans, and shall check all dimensions, levels, and construction. F. Where work of one trade joins, or is on other work, there shall be no discrepancy or incomplete portions when the total project is complete. In engaging one kind of work with another, marring or damaging same will not be permitted. Should improper work of any trade be covered by another which results in damage, or defects, the whole work affected shall be made good by the Contractor without expense to the County. G. The Contractor shall anticipate the relations of the various trades to progress of the work and shall see that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking for each trade shall be a part of same, except where stated otherwise. H. Proper facilities shall be provided at all times for access of the County representatives to conveniently examine and inspect the work. I. Watchmen, at Contractor's option, shall be maintained during the progress of the work as required, at the expense of the contractor. SECTION 12. RESPONSIBILITY FOR SITE CONDITIONS: The following shall constitute exceptions, and the sole exceptions, to the responsibility of the Contractor set forth in Section 4, in the Instructions to Bidders: A. If during the course of the work the Contractor encounters active utility installations which are not shown or indicated in the plans or in the specifications, or which are found in a location substantially Rev. 12/72 -27- DIVISION G. GENERAL CONDITIONS (Coni.) SECTION 12, RESPONSIBILITY FOR SITE CONDITIONS: (Con't.) different from that shown, and such utilities are not reasonably apparent from visual examination, then he shall promptly notify the County in writing. Where necessary for the work of the contract, the County shall issue a written order to the Contractor to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. For the purposes of the foregoing, "active" shall mean other than abandoned, and "utility installations" shall include the following: Steam, petroleum products, air, chemical, water, sewer, storm water, gas, elec- tric, and telephone pipe lines or conduits. The Contractor shall perform the work described in such written order and compensation therefor will be made in accordance with Section 21, relating to changes in the work. Except for the items of cost specified in such Sections, the Contractor shall receive no compensation for any other cost, damage or delay to him due to the presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions from the County, then he shall be liable for any or all damage to such utilities or other work of the contract which arises from his operations subsequent to discovery thereof, and he shall repair and make good such damage at his own cost. B. If the contract requires excavation or other work to a stated limit of excavation beneath the surface, and if during the course of the work the County orders a change of depth or dimension of such subsurface work due to discovery of unsuitable bearing material or for any other cause, then adjustment In contract price for such change will be made in accordance with Section 21. Except for the items of cost specified therein, the Contractor shall receive no compensation for any other cost, damage, or delay to him due to the presence of such unsuitable bearing material or other obstruction. SECTION 13- INSPECTION: A. The Contractor shall at all times permit the County and their authorized agents to visit and inspect the work or any part thereof and the shops where work is in preparation. This obligation shall include maintaining proper facilities and safe access for such inspection. Where the contract requires work to be tested, it shall not be covered up until inspected and approved by the County, and the Contractor shall be solely responsible for notify- ing the County where and when such work is in readiness for inspection and testing. Should any such work be covered without such test and approval, it shall be uncovered at the Contractor's expense. B. Whenever the Contractor intends to perform work on Saturday. Sunday, or a legal holiday, he shall give notice to the County of such intention at least two working days prior to performing such work, or such other period as may be specified, so that the county may make necessary arrangements. Rev. 12172 -28- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 14, REJECTIONS OF MATERIALS: A. The Contractor shall promptly remove from the premises all materials condemned by the County as failing to conform to the Contract, whether incorporated in the work or not, and the Contractor shall promptly replace and reexecute his own work in accordance with the Contract and without expense to the County and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal. B. If the Contractor does not remove such condemned work and materials within reasonable time, fixed by written notice, the County may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expanses of such removal within tan (10) days there- after, the County may upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the not proceeds thereof after deducting all costs and expenses that should have been borne by the Contractor. SECTION 15, INTERPRETATION OF CONTRACT RDOUIREMENTS: A. Correlation: The contract documents shall be interpreted as being complementary in requiring a complete work ready for use and occupancy or. if not to be occupied, operation. Any requirement occurring in any one of the documents is as binding as though occurring in all. B. Conflicts in the Contract Documents: In the event of conflict In the contract documents, the priorities stated in subdivisions 1, 2, 3, and 4 below shall govern: 1. Addenda shall govern over all other contract documents, except the County's Standard Form Agreement unless it is specifically indicated that such addenda shall prevail. Subsequent addenda shall govern over prior addenda only to the extent specified. 2. In case of conflict between plans and specifications, the specifications shall govern. 3. Conflict within the Plans: a. Schedules, when identified as such, shall govern over all other portions of the plans. b. Specific Notes, shall govern over all other notes and all other portions of the plans. c. Larger scale drawings shall govern over smaller scale drawings. d. Figured or numerical dimensions shall govern over dimensions obtained by scaling. Rev. 12/72 -29- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 15, INTERPRETATION OF CONTRACT REQUIREMENTS: (Coni.) 4. Conflicts within the Specifications: a. The "General Conditions of the Contract" shall govern over all sections of the specifications except for specific modifications thereto that may be stated in the Special Conditions. b. Omissions: If the contract documents are not complete as to any minor detail of a required construction system or with regard to the manner of combining or installing of parts, materials, or equipment. but there exists an accepted trade standard for good and workmanlike construction, such detail shall be deemed to have been impliedly required by the contract documents in accordance with such standard. "Minor detail" shall include the concept of substantially Identical components, where the price of each such component is small even though the aggregate cost or importance is substantial, and shall include a single component which is incidental, even though Its cost or importance may be substantial. The quality and quantity of the parts or material so supplied shall conform to trade standards and be compatible with the type, composition. strength, size, and profile of the parts or materials otherwise set forth in the contract documents. SECTION 16, CLARIFICATIONS AND ADDITIONAL INSTRUCTION: A. Notification by Contractor: Should the Contractor discover any conflicts, omissions, or errors in the contract documents or have any question concerning interpretation or clarification of the contract documents. or if it appears to him that the work to be done or any matters relative there- to are not sufficiently detailed or explained in the contract documents, then. before proceeding with the work affected, he shall immediately notify the County in writing through the Construction Supervisor, and request Interpreta- tion, clarification or furnishing of additional detailed instructions concerning the work. All such questions shall be resolved and instructions to the Contractor issued within a reasonable time by the County, whose decision shall be final and conclusive. Should the Contractor proceed with the work affected before receipt of instructions from the County, he shall remove and replace or adjust any work which is not in accordance therewith and he shall be responsible for any resultant damage, defect or added cost. B. Field Orders: During the course of the work the Architect and/or Engineer may issue Field Orders regarding the work. These Field Orders will supplement the Plans and Specifications in order to clarify the intent of the contract documents by adjustment to meet field conditions or to make the various phases of the work meet and join properly. A Field Order involves no change in contract time or price. Performance, partially or in full, of a Field Order shall constitute a waiver of claim for a change in contract time or price for the work covered by the Field Order, unless a Change Order has been issued. C. Change Orders: See Section 21, this Division. Rev. 12/72 -30- M DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 17. PRODUCT AND REFERENCE STANDARDS: A. Product Designation: When descriptive catalogue designations, including manufacturer's name, product brand name, or model number are referred to in the contract documents, such designations shall be considered as being those found in industry publications of current issue at date of first invitation to bid. B. Reference Standards: When standards of the Federal Government, trade societies, or trade associations are referred to in the contract documents by specific date of issue, these shall be considered a part of this contract. When such references do not bear a date of issue, the current published edition at date of first invitation to bid shall be considered as part of this contract. SECTION 18. MATERIALS, ARTICLES. AND EQUIPMENT: A. Material shall be new and of quality specified. When not particularly specified, material shall be the beat of its class or kind. The Contractor shall, if required, submit satisfactory evidence as to the kind and quality of material. Price, fitness and quality being equal, preference shall be given to products made in California, in accordance with Section 4380 et seq., of the Government Code, State of California. B. Mechanical equipment, fixtures and material shall be delivered in original shipping crates to the job site and the County shall be notified of the receipt of such equipment, fixtures and material before uncrating. The County will, when desired, inspect such equipment, fixtures or material to determine any damage or deviation from that specified. Items damaged during delivery shall be rejected. C. Wherever the name or brand of a manufacturer's article is specified herein, it is used as a measure of quality and utility or a standard. If the Contractor desires to use any other brand or manufacture of equal quality and utility to chat specified, he shall make application to the County in writing for any proposed substitutions. Such application shall be accompanied by evidence satisfactory to the County that the material or process is equal to Rev. 12/72 -31- DIVISION G. GENERAL CONDITIONS (Con't.) SSCTICN 18, MATERIALS, ARTICLES. AND EQUIPMENT: (Con't.) that specified. Request for substitution shall be made In ample time for the County's consideration as no delay or extra time will be allowed on account thereof. Evidence furnished to the County by the Contractor shall consist of adequate size samples of material, testing laboratory reports on material or process, manufacturer's specification data, field reports on product's approval and use by other public agencies. material costs. and Installation costs and maintenance provisions and experience or other data as required by the County. The County's decision concerning the refusal or acceptance of proposed substitute for that specified shall be accepted as final. Requests for substitution will only be considered when offered by the Contractor with the reason for substitution. Failure to submit competent evidence as required and requested by County shall be considered grounds for refusal of substitution. The Contractor shall include n notice of change in contract prices, if substitution is approved. D. All materials shall be delivered so as to insure a speedy and uninterrupted progress of the work. Same shall be stored so as to cause no obstruction. and so as to prevent overloading of any portion of the structure, and the Contractor shall be entirely responsible for damage or loss by weather or other cause. E. Within fifteen (15) days after the signing of the Contract, the Contractor shall submit for approval to the County a complete list of all materials it is proposed to use under this Contract, which differ in any respect from materials specified. This list shall include all materials which are proposed by the subcontractors as well as by himself for use in work of his Contract and which are not specifically mentioned In the Specifications. This list must also Include the figures received by the Contractor in bid form for the material or materials which are submitted for approval or substitution. together with the figures in bid form of the specified material or materials for which substitutions are proposed. In case a substitute Is offerdd and accepted as approved equal to materials specified, the cost of which is less than the cost of the material or equipment specified, then a credit shall be taken for the difference between the two costs In order that the County shall obtain whatever benefits may be derived from the substitution. Failure to propose the substitution of any article within thirty-five (35) days after the signing of the Contract may be deemed sufficient cause for the denial of request for substitution. SECTION 19 SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES, ALTERNATIVES: A. The Contractor shall submit promptly to the County, so as to cause no delay in the work, all shop drawings. descriptive data and samples for the various trades as required by the specifications. and offers of alter- natives, if any. Such submittals shall be checked and coordinated by the Contractor with the work of other trades Involved before they are submitted to the County for examination. Rev. 12/72 -32- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 19. SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES, ALTERNATIVES: (Con't.) B. The Contractor shall submit to the County shop or diagram drawings in the number of copies as required in submittal schedule, or five (5) copies if no schedule is included in these documents. The drawings shall show completely the work to be done; any error or omission shall be made good by the Contractor at his own expense, even though the work be installed before same becomes apparent, as approval by the County covers general layout only. Fabrication, details and inspection shall conform to approved Contract Drawings. C. Descriptive Data: Submit sets of manufacturer's brochures or other data required by the specifications in the number of copies as required in submittal schedule, or five (5) copies if no schedule is included in these documents. The County will examine such submittals, noting thereon corrections, and return three copies with a letter of transmittal indicating actions taken by the County or required of the Contractor. D. Samples: Submit samples of articles, materials or equipment as required by the specifications. The work shall be in accordance with the approval of the samples. Samples shall be removed from County property when directed. Samples not removed by the Contractor, at the County's option, will become the property of the County or will be removed or disposed of by the County at Contractor's expense. E. Alternatives: For convenience in designarton on the plans or in the specifications, certain materials, articles, or equipment may be designated by a brand or trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as "designated by brand name". An alternative material, article, or equipment which is of equal quality and of the required characteristics for the purpose intended any be proposed for use provided the Contractor complies with the following requirements: 1. The Contractor shall submit his proposal for an alternative in writing within the time limit designated in the specifications, or if not designated, then within a period which will cause no delay in the work. 2. No such proposal will be considered unless accompanied by complete information, and descriptive data, necessary to determine the equality of the offered materials, articles, or equipment. Samples shall be provided when requested by the County. The Contractor shall note that the burden of proof as to the comparative quality or suitability of the offered materials, articles, or equip- ment shall be upon the Contractor. The County shall be the sole judge as to such matters. In the event that the County rejects the use of such alternative materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished. Rev. 12/72 -33- DIVISION G. GENEP,AL CONDITIONS (Con't.) SECCIUN 19. SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES, ALTERNATIVES: (Con't.) The County will examine, with reasonable promptness, such submittals, and return of submittals to the Contractor shall not relieve the Contractor from responsibility for deviations and alternatives from the contract plans and specifications, nor shall it relieve him from responsibility for errors in the submittals. A failure by the Contractor to identify in his letter of transmittal material deviations from the plans and Specifications shall void the submittal and any action taken thereon by the County. When specifically requested by the County, the Contractor shall resubmit such shop drawings, descriptive data, and samples as may be required. If any mechanical, electrical, structural, or other changes are required for the proper installation and fit of alternative materials, articles, or equipment, or because ofdevistions from the contract plans and specifications, such changes shall not be made without the consent of the County and shall be made without additional cost to the County. SECTION 20, SAMPLES AND TESTS: The Contractor shall cause to be performed at his own expense all tests of materials, articles, equipment or other work specified by the contract. The County reserves the right at its own expense to order tests of any part of the work in addition to those specified. If as a result of any such test the work is found unacceptable, it will be rejected and any additional test required by the County shall be at Contractor's expense. Unless otherwise directed, all samples for testing will be taken by the County from the materials, articles or equipment delivered, or from work performed, and tests will be under the super- vision of, or directed by, and at such places as may be convenient to the County. Materials, articles, and equipment requiring tests shall be delivered in ample time before intended use to allow for testing, and none may be used before receipt of written approval by the County. Any sample delivered to the County or to the premises for examination, including testing, shall be disposed of by the Contractor at his own expense within not more than ten (10) days after the Contractor acquires knowledge that such examination is concluded, unless otherwise directed by the County. SECTION 21. CHANGE ORDEP.S: The County reserves the right to order in writing changes in the plans and specifications, without voiding the contract, and the Contractor shall comply with such order. No change or deviation from the plans and specifications will be made without authority in writing from the County. Changed work shall be performed in accordance with the original requirements of the Contract Documents and previous fully executed Change Orders. A Change Order may adjust the contract price either upward or down- ward in accordance with either or a combination of the following bases, as the county may elect: (1) on a lump sum basis as supported by breakdown of estimated costs. -34- Rev. 12/72 DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANGE ORDERS: (Con't.) (2) On a unit price basis. (3) On a cost-plus basis in accordance with the following conditions: (a) MARK-UPS• 1. For work performed by the General Contractor an amount equal to the direct cost (as defined herein) of the work plus 15% of the direct costs for overhead and profit. 2. For work performed by a sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 20% of the direct costs for overhead and profit. (Suggested breakdown: 15% to the sub-contractor, 5% to General Contractor.) 3. For work performed by a sub-sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 25% of the direct costs for overhead and profit. (Suggested breakdown: 15% to sub-sub-contractor, 5% to sub-contractor, 5% to General Contractor.) 4. In no case will the total mark-up be greater than 25% of the direct costs notwithstanding the number of contract tiers actually existing. 5. For deleted work the mark-up shall be 10;C of the direct costs or the agreed upon estimate thereof. (b) DIRECT COSTS- 1. Labor: The costs for labor shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation and similar purposes. Labor rates will not be recognized when in excess of those prevailing in the locality and time the work is being performed. 2. Materials: The actual cost to the Contractor for the materials directly required for the performance of the changed work. Such cost of materials may include the cost of procurement, transportation and delivery if necessarily incurred. If a trade discount by the actual supplier is available to the Contractor, it shall be credited to the County. If the materials are obtained from a supply or source owned wholly or in part by the Contractor, payment therefore will not exceed the current wholesale price for such materials. The term "trade discount" includes the concept of cash discount. Rev. 12/72 -35- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANGE ORDERS: (Con't.) 2. Materials: (Con's.) If, in the opinion of the County, the cost of materials is excessive, or if the Contractor fails to furnish satisfactory evidence of the cost to him from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required. The County reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs or profits on material furnished by the County. 3. Equipment: The actual cost to the Contractor for the use of equipment directly required in the performance of the changed work. In computing the hourly rental of equipment, any time less than 30 minutes shall be considered one-half hour. No payment will be made for time while equipment is inoperative due to breakdowns or for non-working days. In addition, the rental time shall include the time required to move the equipment to the work from the nearest available source for rental of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading and transportation costs will be paid in lieu of rental time therefor. However, neither moving time nor loading and transportation costs will be paid if the equipment is used on the project in any other way than upon the changed work. Individual pieces of equipment having a replacement value of $1,000 or less shall be considered to be tools or small equipment, and no payment will be made therefor. For equipment owned, furnished, or rented by the Contractor, no cost therefor shall be recognized in excess of the rental rates established by distributors or equipment rental agencies in the locality where the work is performed. The amount to be paid to the Contractor for the use of equipment as set forth above shall constitute full compensation to the Contractor for the cost of fuel, power, oil, lubrication, supplies, small tools, small equipment, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, labor (except for equipment operators), and any and all costs to the Contractor incidental to the use of such equipment. (c) ALLOWABLE TIME EXTENSIONS: For any change in the work, the Contractor shall be entitled only to such adjustments in time by which completion of the entire work is delayed due to performance of the changed work. Each estimate for a change in the work submitted by the Contractor shall state the amount of extra time that he considers should be allowed for making the requested change. Rev. 12/72 -36- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANGE ORDERS: (Con't.) (d) RECORDS AND SUPPORTIVE INFORMATION: (1) The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a cost-plus basis and the costs of other operations. (2) Contractor shall maintain daily records showing man hours and material quantities required for cost plus work. The Contractor shall use a form approved or provided by the County. The forms will be filled out in duplicate and the County's inspector will review and attach his approving signature to the form on the day the work is performed. (3) Rental and material charges shall be substantiated by valid copies of vendor's invoices. (4) The contractor's cost records pertaining to cost-plus work shall be open to inspection or audit by the County. (e) FAILURE TO AGREE AS TO COST: Notwithstanding the failure of the County and the Contractor to agree as to cost of the proposed change order, the Contractor, upon written order from the County, shall proceed immediately with the changed work. Daily job records shall be kept as indicated in Paragraph (d) above and when agreed to by the Contractor and the construction inspector, it shall become the basis for payment of the changed work. Agreement and execution of the daily job record by the construction inspector shall not preclude subsequent adjustment based upon a later audit by the County. Rev. 12/72 -37- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 22. LABOR• Every part of the work shall be accomplished by workmen, laborers, or mechanics especially skilled in the class of work required and workmanship shall be the best. SECTION 23, OCCUPANCY BY THE COUNTY PRIOR TO ACCEPTANCE: The County reserves the right to occupy all or any part of the project prior to completion of the work, upon written order therefor. In such event, the Contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the County. Such occupancy does not constitute acceptance by the County of the work or any portion thereof, nor will it relieve the Contractor of responsibility for correcting defective work or materials found at any time before the acceptance of the work as set forth in Section 28 or during the guaranty period after such acceptance, as set forth in Section 26. SECTION 24, PRESERVATION AND CLEANING: A. The Contractor shall protect and preserve the work from all damage or accident, providing any temporary roofs, window and door coverings, boxings or other construction as required by the County. This shall include any adjoining property of the County and others. B. The Contractor shall properly clean the work as it progresses. As directed during construction, rubbish shall be removed, and at completion the whole work shall be cleaned and all temporary construction, equipment and rubbish shall be removed from the site, all being left in a clean and proper condition satisfactory to the County. SECTION 25, PAYMENT OF FEDERAL OR STATE TAXES: Any Federal, State or local tax payable on articles furnished by the Contractor, under the Contract, shall be included in the Contract price and paid by the Contractor. The County will furnish Excise Tax Exemption Certificates to the Contractor for any articles which are required to be furnished under the Rev. 12/72 -38- w DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 25. PAYMENT OF FEDERAL OR STATE TAXES: (Con't.) Contract and which are exempt from Federal Excise Tax. SECTION 26. ACCEPTANCE: A. The work shall be accepted in writing only when it shall have been completed satisfactorily to the County. Partial payments shall not be construed as acceptance of any part of the work. B. In judging the work no allowance for deviations from the drawings and Specifications will be made, unless already approved in writing at the time and in the manner as called for heretofore. C. County shall be given adequate opportunity to make any neces- sary arrangements for fire insurance and extended coverage. D. Final acceptance of the contract will not be given until all requirements of the contract documents are complete and approved by the County. This shall include, but is not limited to, all construction, guarantee forms, parts list, schedules, teats, operating instructions, and as-built drawings - all as required by the contract documents. SECTION 27. FINAL PAYMENT AND WAIVER TO CLAIMS: After the official acceptance of the work by the County, the Contractor shall submit to the County, on a form acceptable to the County, a request for payment in full in accordance with the contract. The form "Statement to Accompany Final Payment" shall be completed, signed by the Contractor and submitted to the County with the final payment request. SECTION 28. GUARANTEE: A. The Contractor hereby unconditionally guarantees that the work will be done in accordance with the requirements of the contract, and further guarantees the work of the contract to be and remain free of defects in workman- ship and materials for a period of one year from the date of acceptance of the contract, unless a longer guarantee period is specifically called for. The Contractor hereby agrees to repair or replace any and all work, together with any other adjacent work which may be displaced in so doing, that may prove to be not in its workmanship or material within the guarantee period specified, without any expense whatsoever to the County, ordinary wear and tear and unusual abuse or neglect excepted. B. Contract bonds are in full force and effect during the guarantee period. C. The Contractor further agrees, that within 10 calendar days after being notified in writing by the County of any work not in accordance with the requirements of the contract or any defects in the work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, aqd to complete the work within a reasonable period of time, and in the event he fails to so comply, he does hereby authorize the County to proceed to have such work done at the Contractor's expense and he will pay the cost thereof upon demand. The County shall be entitled to all costs, including reasonable attorney's fees, necessarily incurred upon the contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the County's Rev. 12/72 -39- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 28. GUARANTEE: (Con't.) employees, property, or licensees, the County may undertake at the Contractor's expense without prior notice all work necessary to correct such hazardous conditions when it was caused by work of the Contractor not being in accordance with the requirements of this contract. D. The general contractor and each of the listed subcontractors shall execute and furnish the County with the standard guarantee form. (See page 41). Rev. 12/72 -40- GUARANTEE FOR CONTRA COSTA COUNTY BUILDING MARTINEZ, CALIFORNIA We hereby guarantee to the County of Contra Costa the (Type of Work) which we have installed in the (Name of Building) California, for - - -- - - year (s) use from date of filing of the completion notice in the Offcehe County Recorder. We agree to repair or replace to the satisfaction of the County any or all such work that may prove defective in workmanship or materials within that period, ordinary wear and tear and unusual abuse or neglect excepted, together with any other work which may be damaged or displaced in so doing. If we fail to comply with the above mentioned conditions within a reasonable time after being notified in writing, we, collectively and separately, do hereby authorize the owner to proceed to have the defects repaired and made good at our expense and we will pay the costs and charges therefore immediately upon demand. This guarantee covers and includes any special terms, including time periods, specified for this work or materials in the plans and specifications for this project. This guarantee supersedes any previous guarantees we have made for this particular project. SUBCONTRACTOR Date: (Affix Corporate Seal) GENERAL CONTRACTOR Date: (Affix Corporate Seal) NOTE: If the firm is not a corporation, add a paragraph stating the type of business organization and the capacity and authority of the person signing the guarantee. �JaL FORM STATEMENT TO ACCOMPANY FINAL PAYMENT To: Contra Costa County Public Works Department County Administration Building Martinez, California Re: Final Payment (Project) Dear Sir: The undersigned Contractor represents and agrees that the final payment includes herein all claims and demands, of whatever nature, which he has or may have against the County of Contra Costa in connection with the contract to construct the above-entitled project, and that payment by the County of the final estimate shall discharge and release it from any and all claims. The undersigned hereby certifies that all work, labor, and materials on this project have been furnished and purchased in full compliance with the contract and with all applicable laws and regulations. The undersigned states that his claim for final payment is true and correct, that no part has been theretofore paid, and that the amount therein is justly due. I declare under penalty of perjury that the foregoing is true and correct. Dated at (City) , California. .42- • FIRE COLLEGE SITE IMPROVEMENTS CONTRACT 2 DIVISION I TECHNICAL PROVISIONS 1. CARPENTRY a. Materials (1) Wood shall be Construction Heart Redwood smooth four sides. (2) Preservative shall be an approved 5% pentachlorophenol type. (3) Translucent Plastic Sheeting shall be "Filon" flat 8-oz. weight, white colored. (4) Nails shall be galvanized. (5) Bolts shall be galvanized standard mild steel, hexagonal head type with matching nuts and malleable- steel plate washers. (6) Mastic shall be an approved type - white. b. Work shall be done in accordance with the Uniform Building Code and all local ordinances, and as indicated on the plans. 2. CONCRETE a. Ma.:erials (1) Portland Cement: Type II conforming to the current A.S.T.M. Specification C-150. (2) Concrete A&,ere ates: Fine and coarse aggregate shall comply with the current A.S.T.M. Specification C-33, and shall be clean uncoated grains of strong materials. (3) Water shall be clean water from utility company mains. (4) Reinforcing bars shall conform to "Standard Specifications for Deferred Billet-Steel Bars for Concrete Reinforcement".* Designation A 615 - Grade 40. b. Standards (1) Specifications, standards, tests and recommended methods cited herein shall determine quantity and quality of materials and methods unless specifically C'esignated otherwise. (a) American Society for Testing and Materials (A.S.T.M.) (b) American Concrete Institute (A.C.I.) (c) State of California Standard Specifications -44- FIRE COLLEGE SITE IMPROVEMENTS DIVISION I CONTRACT 2 TECHNICAL PROVISIO`dS 2. CONCRETE (con't.) b. Standards (con't.) (2) Tests and inspections will be made by the Engineer to accord with General Conditions DIVISION G, Section 20. Contractor shall supply all materials required for testing. Notify Inspector at least two (2) working days before pouring concrete. Concrete shall not be poured until inspection of forms, reinforcing and other embedded items have been made by the County and pours shall be made only when the Inspector is present. c. General (1) Each load of Ready Mix Concrete shall be accompanied with a certified weightmaster's tag showing the ingredients by weight. (2) All forms shall be straight and true and adequately secured such that when the concrete is placed the forms will remain straight and true. (3) The unexposed portion of all footings may be placed "neat" provided concrete reinforcement is protected with clearances hereinbefore mentioned. (4) All exposed concrete shall be formed. (5) Expansion Joints (a) All expansion joints shall be straight and true and weakened plane type. d. Execution (1) Measurement of materials for ready-mixed concrete shall conform to the Standard Specifications for Ready-Mixed Concrete A.S.T.M. Designation C94. (2) Concrete shall be mixed and delivered in accordance with the require- ments of the Standard Specifications for Ready Mixed Concrete A.S.T.M. Designation C94. Minimum Compressive Strength of 3,000 P.S.I. after 28 days. 4" maximum slump. 3/4" maximum aggregate. (3) Concrete shall be conveyed from the mixer to the place of final deposit by methods which will prevent the separation or loss of the materials. (4) Equipment for chuting, pumping and pneumatically conveying concrete shall be of such size and design as to insure a practically continuous flow of concrete at the delivery end without separation of the materials. -45- F • FIRE COLLEGE SITE IMPROVEMENTS CONTRACT 2 DIVISION I TECHNICAL PROVISIONS 2. CONCRETE (coni.) d. Execution (5) Deposit concrete as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. The concreting shall be carried at such a rate that the concrete is at all times plastic and flows readily into the spaces between the bars. No concrete that has partially hardened or been contaminated by foreign material shall be deposited on the work, nor shall retempered concrete be used. (6) Before depositing new concrete on or against existing concrete, existing surfaces shall be thoroughly roughened and cleaned of foreign matter and loose particles, and coated with concrete adhesive. (7) Adequate concrete cylinders shall be taken to permit testing at 7 days and 28 days including at least one cylinder retained for testing as directed by the Engineer, beyond 28 day- if specified minimum require- ments have not been met at that-time. (8) Concrete Finishes shall be as shown on plans. 3. ELECTRICAL WORK a_ . All work and materials shall be in full accor�ance with the latest rules and regulations of National Electrical Code, California Title 24; and all applicable County and State laws or regulations and latest approved standards of I.E.E.E., A.S.A., N.E.M.A. , U.L.J. and the local power company. Nothing in these plans or specifications is to be construed to permit work not conforming to the above. b. Materials and installation shall be as shown on plans. 4. STAINING Stain shall be "Olympic", or equal. Colors as shown on plans. -46- 0 • PROOF OF PUBLICATION (2010, 2015.5 CCP) NOTICE TO CONTRACTOR (Type of Notice) CONTRACT II - FIRE COLLEGE SITE IMPROVEMENTS (Title of Matter) Mr xi c� Action Number ( ) , btds for;t�rr�fit�stti�of�oNr,l��aitwtri�s'ol�t� �x s`"trans�brtration aril s�vicis�for C"oetroct�' R Co impravi�,n y jcicli, Coit°Cou ty n Pr ' " T�fi'71oLiw°td. STATE OF CALIFORNIA ) Thr •stbioontntroctrcost �#o�r�" dj"irC(t ��► h ,. is to' in occaanc•' ith Exch,blidiftM Orawd COUNTY OF CONTRA COSTA ) Spieifkotionvoriiiifotttio(itoio6th%[bs '' SupervisorsRoom 103, C_ounAAdminlstra! '°"s` Martiniz, i I am a citizen of the United Thrdroi�rtdsprifosoYtui States, a resident of the County 'w ;th.a.�t�'ofth.eooMAdAl F� Rr�^s°nza aforesaid, and am over the age uitdrnp=,Ftons. tions-rriayb.pu, of 18 years and not a party to gubikW� aunty w BuiidinQ¢u or interested in the above :et., ',: lorsond `(1,ew`dos� lox.} matter. I am the principal i Eoct, ,� ,� .. .4 lab. clerk of THE ROSSMOOR NEWS, a e n¢ cam id an n .-10C , . . newspaper of general circula- d►.ckorCh.egid, n�torw�,rf i ., ,t (10-i)of thr 6osr_btd'omoun4 madr •fo t rdrM of •+ + tion, published on Thursday of ao } each week in the Cit of Walnut } h•cO1ntlrof ControuCo�tra"""" t br soolyd ons filid Y vrith thr.Cirrk of thr eootd � Creek, State of California, and Bid pfoposds'shoRbd-jionloiOn iunrall✓' which newspaper has been sn<at(t o0 o n,g and"wttt b.�op, di pu6tic ar tt:tim. lw iri th. Board'of Supnrlsors".Chomti:rs Room 107 decreed a newspaper of generalI.-Adminisitriatioij n ( co;, County Californto and tt» gond"ricoalid � � circulation by the Superior , �ovrmsxNonrdx;bidtsrcucify shatlibr�ivrnaro ,. Court in and for the County of guorontea% that t(.,biddr& U`.nt�r�iMo Cant°ct ,t Contra Costa, State of t"NOro'd 16WO1 %Ond tf fid' ���d iftatneed by thr County if'thr successful iddrr r fusrs California, on March 22, 19 71, beg".`or foil'fa rnir�into soil Gontrocf'°r`totfirmih thr entered in Judgment Book 376of n«essar # ,aft�rbt �stndtodos hi at page 8 thereof on March 24 ; Thr„� 1 ddsirwil►6sFfew I ltafum 1971. The notice of which the ondMatrriotBo iondomo� i �r(so%) annexed is a printed co (set oFtMCan p�c.ord{oA,rr�i t `' 4 z� C P PY dmount, loo 1W 23 prrcrnt(T009 ” in type not smaller than non- froctprrerr;.eidbone..to.b-il 00 A_ cuthwisrd fodobwinrsrulFwStot afcal pareil) has been published in s +�bwnQNtitvdtR t? each regular and entire issue it..stotrbF,�otifom�o�i�. y ,� ttrr sold Board Oi y di of said newspaper and not in ra .,, a pr• any supplement thereof on the in th trwti in ester, following dates, to wit: Type yr MAY 2 2 29, _ 1974 Con wh wttl,�radawo oft�irr 59Cc envoi ro of �ini4v torflir w tl»C ;''Thr rd i rws thu ;�o �d i dlbids�X I declare under penalty of , `atan�r_b-idanlir anY �nK �"'i ino 4 t _ w his bifatod; perjury that the foregoing is � bTtldirrrwy'y ` s aftr ttrr d6ti srrf `} i � s. true and correct. Executed on x� 'eiroROErt" oFTBoi►oo MAY 301 1974 at Walnut Creek, California. Pulntlsh May 22, 29;"1974 •'' ••• To and including May 27, 1971, and thereafter published Wednesday of each week starting June 2 , 1971. F I L E D1, MAY 3 i 1914 J. R. OLSMN CLCRK A,�D OF SUP-RVWRS COSTA CO. B- NIRA - —Deputy t •Pjyht7,9fLW�. t:(1T[Ct; '1'n Ci!;1'f(:A �A�iSre�z'f�ai�men ) . Notice is hereby given by order of the Board of Supervisors of Contra Costa County, that Clerk of said Board will receive bids for the furnishing of' all labor, i materials, equipment, transportation and service: for Contract 2 - Fire College Site Improvoments (Contra Costa County Fire Protection District) Treat Boulevard, Concord, C,t1. The estimated construction contract cost (Base Bid) is $ 8,500 Each bid is to be in accordance with the Drawings and Specifications on file at the Office of the Clerk of the Board of Supervisors, Room 103, County Administration Building, Martinez, California. The drawings and specifications may be examined at the office of the Clerk of the Board of Supervisors or at the Public Works Department, 6th Floor, County Administration Building. Plans and Specifications may be purchased at the Public Works Department, 5tb Floor, County Administration Building, upon payment of Two dollnirs and 13/1 r}x($2.13) per set. (Includes 6 -,% sales tax.) Each bid shall be made on a bid form to be obtained at the Public Works Department, 6th Floor, County Administration Building, acid must be accompanied by a certified cashier's check or checks, or bid bond in the amount of ten per cent (10%) of the base bid amount, Wade payable to the order of "The County of Contra Costa" and shall be sealed and filed with the Clergy: of the Board of Supervisors. � Bid proposals shall be submitted on or before June 11. 1974 t at 11:00 a.m. and will be opened in public at the time due in the Board of—Supervisors' Chambers, Room 107, Administration Building, Martinez, Contra Costa County, California, and there read and recorded. The above-mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be forfeited by the bidder and retained by the County if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County. The successful bidder will be required to furnish a Labor and Material Bond in an amount equal to fifty per cent (50%) of the Contract price and a Faithful Per- formance Bond in an amount equal to one hundred per cent (100 :) of the Contract price, said bonds to be secured from a Surety Company authorized to do business in the State of California. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has ascertained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of workman or mechanic required to execute thq Contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. F LL ED 1974 J. R. OS`_O" _ �u��r�oRs CIERY. BOARD O• T' CO h'bTf; 5`ta"dnvm'c-r-aw'1(�p��?- The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. No bidder may with- draw his bid for a period of thirty (30) days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY - i J. R. Olsson County Clerk and Ex Officio Clerk of € the Board of Supervisors, Contra Costa County, California By Arline Patten Deputy Dated: Mag 14, 1974 PUBLICATION DATES: i j1 3,v,1�12 SPECIFICATIONS for CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT CONT11ACT 2 - FIRE COLLEGE SITE IMPROVEMEITTS Treat Boulevard, Concord, CA. Engineer Contra Costa County Public Works Department Building Projects Division r F"I' LE MAY / 1974 J• R• OLSSON aERK BOARD Or SUPERVISORS B N7 A O. De Prepared for Victor W. Sauer, Director Public Works Department Contra Costa County Sixth Floor Administration Building Martinez, California TABLE OF CONTEti7S • - DIVISION A. Notice to Contractors DIVISION B. Instructions to Bidders Section 1 Competence of Bidders Section 2 Securing Documents Section 3 Examination of Plans, Specifications, and Site of Work Section 4 State and County Labor and :Materials Requirement Section 5 Bidding Documents Section 6 Submission of Proposals Section 7 Withdrawal of Proposals Section 8 Public Opening of Proposals. Section 9 Irregular Proposals Section 10 Competitive Bidding Section 11 Award of Contract Section 12 Special Requirements Section 13 Execution of Contract Section 14 Failure to Execute Contract DIVISION C. Performance Bond DIVISION D. Labor and Material Bond DIVISION E. Proposal (Bid Form) DIVISION F. Articles of Agreement r DIVISION G. General Conditions Section 1 Definitions Section 2 Governing taws and Regulations Section 3 Patents and Royalties Section 4 Contractor's Responsibility for Work and Public Utilities Section 5 Bond and Insurance Section 6 Subcontracting Section 7 Time of Work and Damages Section 8 Progress Schedule Section 9 Temporary Utilities and Facilities Section 10 Permits and Licenses Section 11 Conduct of Work Section 12 Responsibility for Site Conditions Section 13 Inspection Section 14 Rejection of Materials Section 15 Interpretation of Contract Documents Section 16 Clarifications and Additional Instructions Section 17 Deleted • Section 18 Product and Reference Standards Section 19 Materials, Articles, and Equipment Section 20 Shop Drawings, Descriptive Data, Samples, Alternatives -1- GENERAL CONDITIONS DIVISION G. General Conditions (Con't.) Section 21 Samples and Tests Section 22 Change Or3ars Section 23 Labor Section 24 Occupancy by the County Prior to Acceptance Section 25 Preservation and Cleaning Section 26 Payment of Federal or State Taxes Section 27 Acceptance Section 28 Final Payment and Waiver to Claims Section 29 Guarantees DIVISION H. Special Conditions DIVISION I. Technical Conditions Section 1 Site Work Section 2 Concrete Section 3 Metals Section 4 Carpentry Section 5 Moisture Protection Section 6 Doors,, Windows and Glass Section 7 Finishes Section 8 Mechanical i Section 9 Electrical I -2- DIVISION A. NOTTCE TO CCYTLIt'TO • (Advertisement) Notice is hereby given by order of the hoard of Supervisors of Contra Costa County, that Clerk of said Board will receive bids for the furnishing of' all labor, materials, equipment, transportation and services for Contract 2 - Fire College Site Tmprovements (Contra Costa County Fire Protection District) , Treat Boulevard, Concord, CA. The estimated construction contract cost (Base Bid) is $ 8,500 Each bid is to be in accordance with the Drawings and Specifications on file at the Office of the Clerk of the Board of Supervisors, Room 103, County Administration Building, Martinez, California. The drawings and specifications may be examined at the office of the Clerk of the Board of Supervisors or at the Public Works Department, 6th Floor, County Administration Building. Plans and Specifications may be purchased at the Public Works Department, 5ta Floor, County Administration Building, upon payment of Two dollyr : and 13/10;-3($2.13) per set. (Includes 6�% sales tax.) Each bid shall be made on a bid form to be obtained at the Public Works Department, 6th Floor, County Administration Building, and must be accompanied by a certified cashier's check or checks, or bid bond in the amount of ten per cent (10%) ; of the base bid amount, made payable to the order of "The County of Contra Costa" and j shall be sealed and filed with the Clerk of the Board of Supervisors. Bid proposals shall be submitted on or before June 11, 1974 f at 11:00 a.m. and will be opened in public at the time due in the Board of-Supervisors' Chambers, Room 107, Administration Building, Martinez, Contra Costa County, California, and there read and recorded. The above-mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be forfeited by the bidder and retained by the County if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County. The successful bidder will be required to furnish a Labor and Material Bond in an amount equal to fifty per cent (50%) of the Contract price and a Faithful Per- formance Bond in an amount equal to one hundred per cent (1004) of the Contract price, said bonds to be secured from a Surety Company authorized to do business in the State of California. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has ascertained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of workman or mechanic required to execute thq Contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board . of Supervisors. -3- ' DIVISION B. INSTRUCTION TO BIDDERS: The bidder shall carefully examine the instructions contained herein and satisfy himself as to the conditions with which he must comply prior to bid in submitting his proposal, and to the conditions affecting the award of contract. SECTION 1. COMPETENCE OF BIDDERS: (a) License: No bidder may bid on work of a kind for which he is not properly licensed, and any such bid received may be disregarded. (b) Bidders shall be experienced in the type of work for which they are bidding and shall, upon request of the County, submit to the County a written list of completed projects, with the name of the owner or contract officer indicated. SECTION 2. SECURING DOCUMENTS: (a) Drawings and Specifications may be secured at the place and for the deposit or fee as called out in the "Notice to Contractor", page 3. (b) The deposit, if called for in the "Notice to Contractor", page 3, is a guarantee that the Drawings and Specifications will be returned in good condition. (c) The fee, if called for in the "Notice to Contractor", page 3, is a non-refundable payment to defray a portion of the printing and handling costs. SECTION 3. EXAMINATION OF PLANS, SPECIFICATIONS. AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: The bidders shall examine carefully the site of the work, and the plans and specifications therefor. He shall investigate and satisfy himself as to conditions to be encountered, the character, quality, and quantity of surface, and subsurface materials or obstacles to be encountered, the work to be performed, and materials to be furnished, and as to the requirements of the proposal, plans, and specifications of the contract. Where investigations of subsurface conditions have been made by the County in respect Co foundation or other structural design, and that information Is shown in the plans, said information represents only the statement by the County as to the character of material which has been actually encountered by it in its investigation, and is only included for the convenience of bidders. Investigations of subsurface conditions are made for the purpose of design, and the County assumes no responsibility whatever in respect to the sufficiency or accuracy of borings, or of the log of test borings, or other preliminary investigations, or of the interpretation therefor. There is no guarantee or warranty, either express or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unlooked for developments may not occur. Making such information avail- able to bidders is not to be construed in any way as a waiver of the provisions Rev. 12/72 -5- NOTICE TO CONTRACTORS (Continued) The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. No bidder may with- draw his bid for a period of thirty (30) days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BY W. T. Paasch County Clerk and Ex Officio Clerk of the Board of Supervisors, Contra Costa County, California By Deputy Dated: PUBLICATION DATES: Rev. 12/72 -4- DIVISION B. INSTRUCTION TO BIDDERS: The bidder shall carefully examine the instructions contained herein and satisfy himself as to the conditions with which he must comply prior to bid in submitting his proposal, and to the conditions affecting the award of contract. SECTION 1. COMPETENCE OF BIDDERS: (a) License: No bidder may bid on work of a kind for which he is not properly licensed, and any such bid received may be disregarded. (b) Bidders shall be experienced in the type of work for which they are bidding and shall, upon request of the County, submit to the County a written list of completed projects, with the name of the owner or contract officer indicated. SECTION 2. SECURING DOCUMENTS: (a) Drawings and Specifications may be secured at the place and for the deposit or fee as called out in the "Notice to Contractor", page 3. (b) The deposit, if called for in the "Notice to Contractor", page 3, is a guarantee that the Drawings and Specifications will be returned in good condition. (c) The fee, if called for in the "Notice to Contractor", page 3, is a non-refundable payment to defray a portion of the printing and handling costs. SECTION 3. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: The bidders shall wxamine carefully the site of the work, and the plans and specifications therefor_ He shall investigate and satisfy himself as to conditions to be encountered, the character, quality, and quantity of surface, and subsurface materials or obstacles to be encountered, the work to be performed, and materials to be furnished, and as to the requirements of the proposal, plans, and specifications of the contract. Where investigations of subsurface conditions have been made by the County in respect to foundation or other structural design, and that information is shown in the plans, said information represents only the statement by the County as to the character of material which has been actually encountered by it in its investigation, and is only included for the convenience of bidders. Investigations of subsurface conditions are made for the purpose of design, and the County assumes no responsibility whatever in respect to the sufficiency or accuracy of borings, or of the log of test borings, or other preliminary investigations, or of the interpretation therefor. There is no guarantee or warranty, either express or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unlooked for developments may not occur. Making such information avail- able to bidders is not to be construed in any way as a waiver of the provisions Rev. 12172 -5- SECTION 3. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: (Can't.) of this article concerning the Contractor's responsibility for subsurface conditions, and bidders must satisfy themselves through their own investigations as to the actual conditions to be encountered. (b) RESPONSIBILITY FOR UTILITIES: As part of the responsibility stated in subdivision (a) above, and without limitation thereon, the Contractor shall be responsible at his own cost for any and all work, expense or special precautions caused or required by the existence or proximity of utilities encountered in performing the work, including without limitation thereon, repair of any or all damage and all hand or exploratory excavation required. The bidder is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and the ducts enclosing such cables, and when working or excavating in the vicinity thereof, the special precautions to be observed at his own cost shall also include the following: All such cables and their enclosure ducts shall be exposed by careful hand excava- tion so as not to damage the ducts or cables, nor cause injury to persons, and suitable warning signs, barricades, and safety devices shall be erected as necessary or required. In connection with the foregoing, the bidder's attention is invited to Section 12 of Division G of these specifications. (c) DISCREPANCIES OR ERRORS: If omissions, discrepancies, or apparent errors are found in the plans and specifications prior to the date of bid opening, the bidder shall submit a written request for a clarification which will be given in the form of addenda to all bidders if time permits. Otherwise, in figuring the work, the bidders shall consider that any discrepancies or conflict between drawings and specifica- tions shall be governed by Section 15 of Division G of these specifications. SECTION 6. BIDDING DOCUMENTS (a) Bids shall be made upon the special Proposal (Bid Form) (See Section E of this Specification), with all items completely filled out; numbers shall be stated both in writing and in figures, the signatures of all persons signed shall be in longhand. The completed form should be without interlinea- tions, alterations or erasures, no alternative proposals. Additional copies of the Proposal (Bid Form) may be obtained from those supplying these specifications. (b) Bids shall not contain any recapitulation of the work to be done; alternative proposals will not be considered, unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. Rev. 12172 -6- SECTION 4, BIDDING DOCUMENTS: (Con't.) (c) List of Proposed Subcontractors: Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of � of 1 percent of his total bid, in accordance with Chapter 2, Division 5. Title 1, of the Government Code. See Section 1 of Division G of these specifications for definition of subcontractor. See Section 6 of Division G of these specifications for further reference to subcontractors. (d) Bidder's Security: All bids shall have enclosed cash, a cashier's check, certified check, or a bidder's bond, as described below, executed as surety by a corporation authorized to issue surety bonds in the State of California, made payable to "Contra Costa County". in an amount equal to at least 10 percent of the amount of the bid. No bid shall be considered unless one of the forms of bidder's security is enclosed therewith. SECTION 5. SUBMISSION OF PROPOSALS: Proposals shall be submitted to the Clerk of the Board of Super- visors of Contra Costa County at the place indicated on the bid proposal. It is the sole responsibility of the bidder to see that his bid is received in proper time. All proposals shall be submitted under sealed cover. plainly Identified as a proposal for the work being bid upon and addressed as directed In the Notice to Contractors and the bid proposal. Failure to do so may result in a premature opening of, or a failure to open such bid. Proposals which are not properly marked may be disregarded. SECTION 6. WITHDRAWAL OF PROPOSALS: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of such bid is filed with the Clerk of the Board of Supervisors of Contra Costa County. An oral, telegraphic. or telephonic request to withdraw a bid proposal is not acceptable. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid. This article does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids. SECTION 7. PUBLIC UPENING OF PROPOSALS: Proposals will be publicly opened and read at the time and place Indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. SECTION $. IRREGULAR PROPOSALS: Proposals may be rejected if they show any alteration of form, addi- tions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. if bid amount is changed after the amount is originally Inserted, the change should be initialed. -7- SECTION IRREGULAR PROPOSALS: (Con't.) The County also reserves the right to accept any or all alternates and unit prices called for on the Bid Form and their order of listing on such form shall in no way indicate the order in which the bids may be accepted. SECTION 9• COMPETITIVE BIDDING: If more than one proposal be offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be refected. A party who has quoted prices on materials or work to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid directly for the materials or work. All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this contract is in violation of the competitive bidding requirements of the State law and may render void any contract let under such circumstances. SECTION 10. AWARD OF CONTRACT: The right is reserved to reject any and all proposals. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within 30 days after the opening of the proposals. SECTION 11 . SPECIAL REQUIREMENTS: The bidder's attention is invited to the following special pro- visions of the contract, all of which are detailed in the General Conditions (Division G) or other documents included in these specifications. (a) Bonds (b) Insurance (c) Liquidated Damages (d) Guarantee (e) Inspection and Testing of Materials (f) Facilities to be Provided at Site (g) Assignment of Contract Prohibited SECTION lg. EXECUTION OF CONTRACT: The contract (example follows Page 18 ) shall be signed by the successful bidder in duplicate counterpart and returned within five (5) days of receipt, not including Saturdays, Sundays, and legal holidays, together with the Contract Bonds and Certificates of Insurance. No contract shall be binding upon the County until same has been executed by the Contractor and the County. Should the Contractor begin work in advance of receiving notice that the contract has been approved as above provided, any work performed by him will be at his own risk and as a volunteer unless said contract is so approved. Rev. 12/72 -8- SECTION L3. FAILURE TO EXECUTE CONTRACT: Failure to execute a contract and file acceptable bonds and certificates of insurance as provided herein within 10 days, not including Saturdays, Sundays, and legal holidays, after the successful bidder has received the contract for execution shall be just cause for the annulment of the award and the forfeiture of the bidder's security. If the successful bidder refuses or fails to execute the contract, the County may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses :or fails to execute the contract, the County may award the contract to the third lowest responsible bidder. On the failure or refusal of the second or third lowest responsible bidder to whom any such contract is so awarded to execute the same, such bidders' securities shall be likewise forfeited.to the County. The work may then be readvertised or may be constructed by day labor as provided by State law. DIVISION C. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS: The Board of Supervisors of the County of Contra Costa, State of California By Resolution passed , 19 , has awarded to hereinafter designated as the "Principal", a Contract for constructing and, WHEREAS, said Principal is required under the terms of said Contract and the Specifications therefor, to furnish a bond for the faithful performance of said Contract, NOW, THEREFORE, We, the principal, and as Surety, are held and firmly bound unto the said County of Contra Costa, State of California, in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the said County of Contra Costa, its officers, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. Rev. 12/72 -10- PERFORMANCE BOND (Con't.) And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above- named, on the day of (To be signed by ) (Principal and Surety) Principal (and acknowledgment ) (and Notarial Seal to) By (be attached. ) Surety By The above bond is accepted and approved this day of , 19 The above bond is accepted and approved this day of , 19 Rev. 12/72 -11- DIVISION D. PAYMENT BOND (Labor and Material Bond) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the Board of Supervisors, Contra Costa County, State of California by resolu.ion passed , 19 , has awarded to designated as the "Principal," a contract for the work described as follows: WHEREAS, said principal is required by Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code to furnish a bond in connection with said contract: NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto Contra Costa County in the penal sum of Dollars ($ ), lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any person or persons named in Civil Code Section 3181 or fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor, then said Surety will pay for the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees, as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code. -12- Rev. 12/72 This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claisr under Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of 19 Principal BY Surety By Attorney-in-Fact Rev. 12/72 -13- (Bidder) DIVISION E. PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL t•he eleventh (11th) day of June, 1974 at 11:00 a.m., in The Chambers of t•he Board of Supervisors, Room 107, Administration Building, Martinez, California. (A) TO TIIE HONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for Contract 2` Fire College Site Improvements, Treat Boulevard, Concord M. in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, Administration Building. i-I3rtinez. CA. 94553 for the following sums; namely: ' BASE BID• Shall include all of the work for the construction and completion of all facilities therein. For the sum of: Dollars ($ ) i • -14- i 1 i f i i z � i ;B) It is understood that this bid is•based upon completion of the work within twenty-one . (21) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within they stipulated time, then, he shall be liable to the County of Contra Costa in the amount of Fifty Dollars ($ 50.00 } S per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and not as a penalty, it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is familiar ! with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. (E) The undersigned has checked carefully all of the'above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. -15- 9 DIVISION E. PROPOSAL (Bid Form) Cont. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. ❑ Cash ❑ Bidders Bond ❑Cashiers Check ❑Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Addendum # dated Addendum # dated Addendum # dated By Address Phone Licensed in accordance with an act providing for the registration of Con- tractors. Classification and License No, Dated this day of , 19 Rev. 12/72 -16- DIVISION E. PROPOSAL (Bid Form) Cont. LIST OF SUBCONTRACTORS: (As required by SECTION 12 - "SUBCONTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUBCONTRACTORS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of Business Rev. 12/72 -17- The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, aiong with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGULAR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yee ( ) No ( ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( ) S. If the answer to No. 4 is "yea", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -Is- DIVISION F. ARTICLES OF AGREE!lENT (Contract) CONTRACT (Construction Agreement) (Contra Costa County Standard Form) 2. VARIABLES. These variables are incorporated below by reference. (112,3) Parties: (Public Agency) (Contractor] (12) Effcetiue Date: (See 14 for starting date.) (13) The Fork: (14) Completion Time: • [strike out (a) or (b) "calendar" or "working"] (a) By [date] - (b) Within 'calendar/working days from starting date. (15) Liquidated Damages: S at calendar day. (16) Public Agency's Agent: (17) Contract Price: $ (for unit price contracts: more or less, in accordance with finished Quantities at unit bid prices.) (Strike out parenthetical material if Inapplicable.) Y. SIGNATURES 6 ACKNOWLEDGMENT. Public Agency, By: (President or Chairman) (Secretary) Contractor, hereby also acknowledging awareness of and compliance with Labor Code 11861 concerning Workmen's Compensation Law. By: Designate official capacity in the business) Note to Contractor: (2) Execute acknowledgment form below. and (1) if a corpora- tion, attach a certified copy of the byZaws, or of the resolution of the Board of Directors authorising execution of this contrae't and of the bonds required ).erebr ------------------------------------------------------------------------------------------ State of California ) ACKNOWLEDGMENT (by Corporation, County of ) ss. Partnership, or Individual) The person(s) signing above for Contractor, known to me In individual and business capacity as stated, personally appeared before me today and acknowledged that he/they executed it and that the corporation or partnership named above executed it. Dated: (SEAL) _ Notary Public ---------------------------------------------------------------------------r- FORM APPROVED: J. B. CLAUSEN, County Counsel, By __Deputy (Page 1 of 4) -18a- (CC-1; Rev. 4-72) 3. WORK CONTRACT, CHANCES. (a) By their signatures In Section 2, effective on the above date, these parties promise and agree as act forth in this contract, incorporating by these references the material ("variables") in Sec. 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike Banner, fully and faithfully perform and complete this work; and will furnish all materials, labor, services and transportation necesws rv, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plana, drawings and specifications. (c) This work can be changed only with 'Public Agency's prior written order specifying such change and Its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in See. 7 without such an order. 4. TIM£: NOTICE TO PROCEED. Contractor shall start this work as directed in the speci- fications or the Notice to Proceed; and shall complete it as specified In Sec. 1. - 5. LIQUIDATED DAMAGES. If the Contractor falls to complete this contract and this work within the time fixed therefor, allowance being made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, fro. the nature of the case, it Is and will be Impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, It Is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sun specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing sold work; and if the same be not paid, Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due Contractor under this con- tract. If the Public Agency for any cause authorizes or contributes to a delay, suspen- sion of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay In completion of the work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications, of any Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated Into this contract; and they are intended to co-operate, so that anything exhibited in the plans or drawings and not mentioned In the specifications, or vice versa, is to be executed as if exhibited, mentioned and set forth In both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Sec. 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1, except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first day of each calendar month the Contractor shall submit to the Public Agency a verified application for payment, supported by a statement showing all materials actually installed during the preceding month, the labor expended thereon, and the cost thereof; whereupon, after checking, the Public Agency shall issue to Contractor a certificate for the amount determined to be due, minus 10% thereof pursuant to Government Code See. 53067, but not until defective work and materials have been removed, replaced and made good. S. PAYMENTS WITHHELD. (a) The Public Agency or Its agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, - (2) Claims filed or reasonable evidence indicating probable filing. (3) Failure to properly pay subcontractors or for material or labor, . (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files it■ notice of completion of the entire (Page 2 of 4) (CC-1; Rev. 4-72) -18b- work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid, no claims have bern presented to the Public Agency based on acts or omissions of the Contractor, and no liens or withhold notices have been filed against the work or site, and provided there are not . reasonable Indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. a• • .9. INSURANCE. (Labor Code 111860-61) On signing this contract. Contractor must give Public Agency (1) a certificate of consent to self-insure Issued by the Director of Industrial Relations, or (2) a certificate of Workmen's Compensation Insurance issued by an admitted insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. Contractor Is aware of and complies with Labor Code Sec. 3700 and the Workmen's Compensation Lay. 10. BONDS. On signing this conrract Contractor shall deliver to Public'Agency, for approval good and sufficient.bonds with sureties, in amount(s) spec}fied in the specifi- cations, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(*), to supply sufficient materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency, the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognise the applicability of various federal. state and local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Sec. 1720, and including Secs. 1735 6 1777.6 forbidding dis- crimination) and Intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Sees. 1775 6 1811, concerning prevailing wages and hours, shall apply to this agreement an though fully stipulated herein. 13. SUBCONTRACTORS. Covernment Code 114100-4113 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Sec. 1773, the governing body of the Public Agency has ascertained the general prevailing rates of wages per diem, and for holiday and overtime work, 1n the locality in which this work is to be performed, for each craft, classification, or type of workman needed to execute this contract, and said rates are as specified in the call for bids for this work and are on file with the Public Agency, and are hereby incorporated heroin. (b) This schedule of wages Is based on a working day of 8 hours unless otherwise specified; and the daily rate Is the hourly rate multiplied by the number of hours con- stituting the working day. When less than that number of hours are worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at least these rates to all persons on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor In the locality where such work is being performed. If it becomes neces- sary for the Contractor or any subcontractor to employ any person in a craft, classifi- cation or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate Is specified, the Contractor shall immediately notify the Public Agency which shall promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOUkS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no workman employed at any time on this work by the Contractor or by any sub- contractor shall be required or permitted to work longer thereon except as provided in Labor Code Secs. 1610-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Secs. 1777.5, and 1777.6 on non-discrimination. (Page 3 of 4) CC-1; Rev. 4-72) -18C- DIVISION G. GENERAL CONDITIONS SECTION 1. Definitions: Whenever the following terms, pronouns in place of them, or initials of organizations appear in the contract documents, they shall have the following meaning: Addendum--A document issued by the County during the bidding period which modifies, supersedes, or supplements the original contract documents. Agreement--The written document of agreement, executed by the County and the Contractor. Architect or Engineer--Shall mean the architect, engineer, individual or co-partnership, employed by the County of Contra Costa; as designated on the title sheet of these specifications. When Contra Costa County is designated as the Engineer, Engineer shall mean Victor W. Sauer, Public Works Director, or his authorized representative. Bidder--Any individual, partnership, corporation, association, joint venture, or any combination thereof, submitting a proposal for the work, acting directly, or through a duly authorized representative. Board of Supervisors--Shall mean the duly elected or appointed officials who constitute such a Board, who will act for the County in all matters pertaining to the Contract. Change Order--Is any change in contract time or price and any change in contract documents not covered by substitutions, submittals, or field orders. (See Section 21). Pro ect Inspector, Construction Supervisor, Inspector, or Clerk of the Works shall mean the authorized agent of the County at tit ti—}1 e of t Fe — work. Contract--The contract is comprised of the contract documents. Contract Documents--The contract documents include the agreement, notice to contractors, instructions to bidders, proposal, plans, general condi- tions, supplementary general conditions, specifications, contract bonds, addenda, change orders, and supplementary agreements. Contractor--The individual, partnership, corporation, associa- tion, joint venture, or any combination thereof, who has entered into a contract with the County. County--Shall mean the County of Contra Costa, a political subdivision of the State of California and party of the first part, or its duly authorized agent acting within the scope of their authority. Field Order--Is an instruction given during the course of the work, not involving a change in contract time or price. (See Section 16B). General Notes--The written instructions, provisions, conditions or other requirements appearing on the drawings, and so identified thereon, which pertain to the performance of the work. Rev. 12/72 -14- 17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIG::ME\T. This agreement binds the heirs, successors, assigns. and representatives of the Contractor; but he cannot aasign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have wdlved notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or ' payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising fro. the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS b INDEMNITY. (a) Contractor promises to and ■hall hold harmless and indemnify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this prooise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such liabilityl claim or damage was unforeseeable at any ti=e before the County approved the improvement plan or accepted the improvements as completed, and including the defense of any suit(*) or actions) at law or equity concerning these. (d) The actions causing Liability are any act or omission (negligent or non- negligent) in connection with the matters covered by this contract and attributable to the contractor, subcontractor(s). or any officer(s), agent(s) or employees) of one or more of them. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared. supplied, or approved ane plan(s) or specification(s) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negli- gent or willful misconduct of any Indemnitee. (Page 6 of 4) CC-1; Rev. 4-72) -18d- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 1, Definitions (Con't.) Plans -- The official drawings including plans, elevations, sections, detail drawings, diagrams, general notes, information and schedules thereon, or exact reproductions thereof, adopted and approved by the County showing the location, character, dimension, and details of the work. Specifications -- The instructions, provisions, conditions and detailed requirements pertaining to the methods and manner of performing the work, or to the qualities and quantities of work to be furnished and installed under this contract. Subcontractor -- An individual, partnership, corporation. association, joint venture, or any combination thereof, who contracts with the Contractor to perform work or labor or render service in or about the work. The term subcontractors shall not include those who supply materials only. Superintendent -- The representative of the Contractor who shall be present at the work site at all times during performance of the work. Such Superintendent shall at all times be fully authorized to receive and act upon instructions from the Architect or his authorized agents and to execute and direct the work on behalf of the Contractor. Supplementary Agreement -- A written agreement providing for alteration, amendment, or extension of the contract. Work -- The furnishing and installing of all labor, materials articles, supplies and equipment as specified. designated. or required by the contract. SECTION 2. GOVERNING LAWS AND REGULATIONS: A. The Contractor shall keep informed of and observe, and comply with and cause all of his agents and employees to observe and comply with all prevailing Federal and State laws, local ordinances, and rules and regulations made pursuant to said laws, which in any way affect the conduct of the work of this contract. B. All work and materials shall be in full accordance with the latest rules and regulations of the Uniform Building Code. the State Fire Marshal, the Safety Orders of the Division of Industrial Safety, the National Electric Code, the Uniform Plumbing Code published by the Western Plumbing Officials Association, and other applicable State laws or regulations. Nothing In these Plans or Specifications is to be construed to permit work not conforming to these Codes. The Contractor shall keep copies of Codes on job at all times during construction period. Rev. 9/72 -70- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 2. GOVERNING LAWS AND REGULATIONS: (Con't.) C. Excerpts from Section 6422 of the Labor Code of the State of California are included below. The contractor shall comply fully with this section of the Labor Code as applicable. "No contract for public works involving an estimated expenditure in excess of $25,000.00 for the excavation of any trench or trenches five feet or more in depth, shall be awarded unless it contains a clause requiring submission by the Contractor and acceptance by the awarding body or by a registered civil or structural engineer, employed by the awarding body, to whom authority to accept has been delegated, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. "Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. "Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. "The terms 'public works' and 'awarding body', as used in this section shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively." SECTION 3. PATENTS AND ROYALTIES: A. The Contractor shall provide and pay for all licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the work. Certificates showing the payment of any such licenses or royalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by the Contractor and delivered to the County on com- pletion of the work, if required. Rev. 12/72 -21- J►V'I,;Iv.; .-. `:=^..1'. •:u:?i�lTluaa (Cuo't.) SECTION 4 CONPRACTOR'S RESPONSIBILITY FOR WORT: AND PUBLIC UTILITIES: A, The Work Until the formal acceptance of the work by the County, the Contractor shall have the charge and care thereof and shall bear the risk of Injury or damage to any part of the work by the action of the elements or from any other cause except as provided in Section 23. The Contractor, at Contractor's cost, shall rebuild, repair, restore, and make good all such damages to any portion of the work occasioned by any of such causes before its acceptance. B. Public Utilities: a. The Contractor shall send proper notices, make all necessary arrangements, and perform all other services required in the care and maintenance of all public utilities. The Contractor shall assume all responsibility concern- ing same for which the County may be liable. b. Enclosing or boxing in, for protection of any public utility equipment, shall be done by the Contractor. Upon completion of the work, the Contractor shall remove all enclosures, fill in all openings in masonry, grouting the same watertight. and leave in a finished condition. c. All connections to public utilities shall be made and maintained in such manner as not to interfere with the continuing use of same by the County during the entire progress of the work. SECTION 5 BOND AND INSURANCE: A. The contractor to whom the work is awarded shall within five (5) working days after being notified enter into a contract with the owner on the Contra Costa County Standard Form for the work in accordance with the drawing and Specifications, shall furnish and file at the same time labor and material and faithful performance bonds as set forth in the advertisement for bids, on a form acceptable to the County. B, COtTENSATION INSURANCE: The Contractor shall take out and maintain during the life of this Contract adequate Workman's Compensation Insurance for all his employees employed at the site of the project, and in case any work is sublet, the Contract shall require the subcontractor similarly to provide Workmen's Compensation Insurance for the latter's employees, unless such employees are covered by the protection afforded by the Contractor. Rev. 12/72 -22- j t DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 5. BOND AND INSURANCE: (Con't.) In case any class of employee engaged in hazardous work under the Contract at the site of the project is not protected under the Workmen's Compensation statute, or in case there is no applicable Workman's Compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of his employees not otherwise protected. C. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance, naming Contra Costa County as an additional insured, as shall protect him and any subcontractor performing work covered by this Contract, from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $250,000.00 for injuries, including wrongful death, to any one person, and, subject to the same limit for each person, in an amount not less than $500,000..00 on account of one accident, and property damage insurance in an amount not less than $50,000.00. The Contractor shall submit a Certificate of Liability Insurance which shall include the "hold harmless" agreement as required in the Articles of Agreement. D. FIRE INSURANCE: The Contractor shall carry fire and extended coverage insurance naming Contra Costa County as an additional insured duri.ig the period of construction of the work in an amount not less than the total amount of the progress payments received by him from Contra Costa County, less the amount paid to him on account of excavation and foundations. E. CERTIFICATES OF INSURANCE: Certificates of such Workmen's Compensation, Public Liability, Property Damage Insurance, and Fire Insurance, shall be filed with the County and shall be subject to County approval for adequacy of protection. Al'_ certificates shall indicate that Contra Costa County has been named as an additional insured. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled until at least ten days'prior written notice has been given to Contra Costa County. F. PERFORMANCE BOND: One bond shall be in the amount of One Hundred per cent (100%) of the Contract, and shall insure the Owner during the life of the Contract and for the term of one (1) year from the date of acceptance of the work against faulty or improper materials or workmanship that may be discovered during that time. Rev. 12/72 -23- DIVISION G. GENERAL CONDITIONS (Coni.) SECTION 5. BOND AND INSURANCE: (Con't.) G. LABOR AND MATERIALS BOND: One bond shall be in the amount of fifty per cent (50'.) of the Contract price, and shall be in accordance with the laws of the State of California to secure the payment of all claims for labor and materials used or consumed in the performance of this Contract and of all amounts under the Unemployment Insurance Act. SECTION 6. SUBCONTRACTING: ,x. The Contractor shall be responsible for all work performed under this contract, and no subcontractor will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor. B. The Contractor shall give his personal attention to the ful- fillment of this contract and shall keep the work under his control. When any subcontractor fails to prosecute a portion of the work in a manner satisfactory to the Architect or Engineer , the Contractor shall remove such subconcracCor immediately upon written request of the Architect or Engineer and he shall not again be employed on the work. C. Although the specification sections of this contract may be arranged according to various trades, or general grouping of work, the contractor Is not obligated to sublet the work in such manner. The County will not entertain requests to arbitrate disputes among subcontractors or between the Contractor and one or more subcontractors concerning responsibility for performing any part of the work. D. Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. E. Substitution of Subcontractors: Contractor shall not substitute any person or subcontractor in place of a subcontractor listed in his bid proposal without the written approval of the County. Substitution of subcon- tractors must be In accordance with the provisions of the "Subletting and Sub- contracting Fair Practices Act" beginning with Section 4100 of the Government Code. Violations of this Act by the Contractor may subject him to penalties which may include cancellation of contract, assessment of 10 per cent of the subcontractor's bid, and disciplinary action by the Contractors' State License Board. SECTION 7. TIME OF WORK AND DAMAGES: A• The County will designate the starting day of the contract on which the Contractor shall immediately begin and thereafter diligently prosecute the work to completion. The Contractor obligates himself to complete the work on or before the date, or within the number of calendar days, set forth in the Proposal (Bid Form) for completion, subject only to such adjustment of time as may be set forth in this article or pursuant to Section 21. Rev. 12/72 -24- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 7. TIME OF WORK AND DAMAGES: (Con't.) B. If the work is not completed with the time required, damage will be sustained by the County. It is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the County will sustain by reason of such delay; and it is therefore agreed that the Contractor 1.111 pay to the County the sum of money stipulated per day in the Specifications for each and every day's delay in finishing the work beyond the time prescribed, If the Contractor fails to pay such liquidated damages the County may deduct the amount thereof from any money due or that may become due the Contractor under the contract. C. The work shall be regarded as completed upon the date the County has accepted the same in vritinx. D. If It appears to the Contractor that he will not complete the work in the stated time, he shall make written application to the County as soon as he so determines, but at least ten (10) calendar days prior to the expiration of the time for completion, stating the reasons why an extension should be granted and the amount of extension desired for each reason. The County may. then, in its discretion grant or deny such extension. E. Any money due, or to become due the Contractor. may be retained to cover said liquidated damages and should such money not be sufficient to cover such damages, the County shall have the right to recover the balance from the Contractor or his sureties. F. Should the County, for any cause, authorise a suspension of work, the time of such suspension will be added to the time allowed for comple- tion. Suspension of work by order of the County shall not be deemed a waiver of the claim of the County for damages for non-completion of the work after the adjusted time as required above. SECTION 8, PROGRESS SCHEDULE: Within three weeks after the Contractor has been notified to start work, he shall submit to the County a practicable progress schedule of operations on a chart form approved by the County. The schedule of operations shall show the order in which the Contractor proposes to carry out the work, the dates on which he will start each major subdivision of the work, and the contemplated dates of completion of such subdivision. When required by the County, the Contractor shall submit an adjusted progress schedule on the approved form to reflect changed conditions. SECTION 9. TEMPORARY UTILITIES AND FACILITIES: A. All water used on the work will be furnished and paid for by the Contractor. The Contractor shall furnish the necessary temporary piping from the distribution point to the points on the site where water is necessary to carry on the work and upon completion of the work shall remove all temporary piping. Rev. 12/72 -25- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 9. TEMPORARY UTILITIES AND FACILITIES: (Con't.) B. The Contractor, at his own cost, shall furnish and install all meters, all electric light and power equipment and wiring, all gas meters. Ras equipment and piping that is necessary to perform his work and shall remove the same upon the completion of the work. The Contractor shall pay for all power, light and gas used in the construction work. C. The Contractor shall furnish, wire for, install and maintain temporary electric light wherever it is necessary to provide illumination for the proper performance and/or inspection of the work. The lighting shall pro- vide sufficient illumination and shall be so placed and distributed that these Specifications can be easily read in every place where said work is being per- formed. This temporary lighting equipment may be moved about but shall be maintained throughout the work, available for the use of the Engineer, 1'roject Inspector, or any other authorized representative of the Cnunty whenever required for inspection. D. The Contractor shall provide and maintain for the duration of the work, temporary toilet facilities for the workmen. These facilities shall be of an approved type conforming to the requirements of the County Health Department, and shall be weather-tight structures with raised floors. Structures are to have adequate light and ventilation and door equipped with latch or lock. Contractor shall service such facilities daily, maintaining same in a clean and sanitary condition. Portion of site occupied by toilet facilities shall be graded and cleaned up upon removal of facilities when so ordered and/or upon completion of work. E. See Special Conditions for Variations to the above requirements. SECTION 10, PERMITS AND LICENSES: A. Within incorporated cities, the Contractor shall obtain all permits, and all licenses, that are required for the performance of his work by all laws. ordinances, rules, regulations, or orders of any officer and/or body lawfully empowered to make or issue the same and having jurisdiction, and shall give all notices necessary in connection therewith and pay all fees lawfully required relating thereto and all costs and expenses lawfully incurred on account thereof. The Contractors attention is called to Health and Safety Code Section 19132.9. which states that one public jurisdiction may not charge for building permits for another public jurisdiction. B. Within the unincorporated area of Contra Costa County, the Contractor shall obtain all permits, and all licenses that are required for the performance of his work by all laws, ordinances, rules, regulations, or orders of any officer and/or body lawfully empowered to make or issue the same and having jurisdiction, and shall give all notices necessary in connection therewith. There will be no charge to the Contractor for permits issued by the County Building Inspector. Rev. 12/72 -26- i • DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 11. CONDUCT OF WORK: A. The Contractor shalt observe that the County reserves the right to do other work in connection with the project by Contract or otherwise, and he shall at all times conduct his work so as to impose no hardship on the County or others engaged in the work. He shall adjust, correct and coordinate his work with the work of others so that no discrepancies shall result in the whole work. B. The Contractor shall provide an adequate work force, materials of proper quality, and equipment to properly carry on the work and to insure completion of each part in accordance with his schedule and with the time agreed. C. The Contractor shall personally superintend the work and shall maintain a competent superintendent or foreman at all times empowered to act in all matters pertaining to the work. D. Daily manpower reports shall be signed by the Contractor, or his Superintendent, and submitted weekly. E. Unless otherwise specified, the Contractor shall clear all obstructions and prepare the site ready for the construction. He shall verify dimensions and scale of plot plans, and shall check all dimensions, levels, and construction. F. Where work of one trade joins, or is en other work, there shall be no discrepancy or incomplete portions when the total project is complete. In engaging one kind of work with another, marring or damaging same will not be permitted. Should improper work of any trade be covered by another which results in damage, or defects, the whole work affected shall be made good by the Contractor without expense to the County. G. The Contractor shall anticipate the relations of the various trades to progress of the work and shall see that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking for each trade shall be a part of same, except where stated otherwise. It. Proper facilities shall be provided at all times for access of the County representatives to conveniently examine and inspect the work. I. Watchmen, at Contractor's option, shall be maintained during the progress of the work as required, at the expense of the contractor. SECTION 12. RESPONSIBILITY FOR SITE CONDITIONS: The following shall constitute exceptions, and the sole exceptions, to the responsibility of the Contractor set forth in Section 4, in the Instructions to Bidders: A. If during the course of the work the Contractor encounters active utility installations which are not shown or indicated in the plans or in the specifications, or which are found in a location substantially Rev. 12172 -27- DIVISION C. GENERAL CONDITIONS (Con't.) SECTION 12, RESPONSIBILITY FOR SITE CONDITIONS: (Con't.) different from that shown, and such utilities are not reasonably apparent from visual examination, then he shall promptly notify the County in writing. Where necessary for the work of the contract, the County shall issue a written order to the Contractor to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. For the purposes of the foregoing, "active" shall mean other than abandoned, and "utility installations" shall include the following: Steam, petroleum products, air, chemical, water, sewer, storm water, gas, elec- tric, and telephone pipe lines or conduits. The Contractor shall perform the work described in such written order and compensation therefor will be made in accordance with Section 21, relating to changes in the work. Except for the items of cost specified in such Sections, the Contractor shall receive no compensation for any other cost, damage or delay to him due to the presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions from the County, then he shall be liable for any or all damage to such utilities or other work of the contract which arises from his operations subsequent to discovery thereof, and he shall repair and make good such damage at his own cost. R. If the contract requires excavation or other work to a stated limit of excavation beneath the surface, and if during the course of the work the County orders a change of depth or dimension of such subsurface work due to discovery of unsuitable bearing material or for any other cause, then adjustment In contract price for such change will be made in accordance with Section 21. Except for the items of cost specified therein, the Contractor shall receive no compensation for any other cost, damage, or delay to him due to the presence of such unsuitable bearing material or other obstruction. SECTION 13, INSPECTION: A. The Contractor shall at all times permit the County and their authorized agents to visit and inspect the work or any part thereof and the shops where work is in preparation. This obligation shall include maintaining proper facilities and safe access for such inspection. Where the contract requires work to be tested. it shall not be covered up until inspected and approved by the County, and the Contractor shall be solely responsible for notify- ing the County where and when such work is in readiness for inspection and testing. Should any such work be covered without such test and approval, it shall be uncovered at the Contractor's expense. B. Whenever the Contractor intends to perform work on Saturday. Sunday, or a legal holiday. he shall give notice to the County of such intention at least two working days prior to performing such work, or such other period as may be specified, so that the County may make necessary arrangements. Rev. 12/72 -28- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 14, REJECTIONS OF MATERIALS: A. The Contractor shall promptly remove from the premises all naterials condemned by the County as failing to conform to the Contract, whether incorporated in the work or not, and the Contractor shall promptly replace and reexecute his own work in accordance with the Contract and without expense to the County and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal. B. If the Contractor does not remove such condemned work and materials within reasonable time, fixed by written notice, the County may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expenses of such removal within ten (10) days there- after, the County may upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof after deducting all costs and expenses that should have been borne by the Contractor. SECTION 15, INTERPRETATION OF CONTRACT REQUIREMENTS: A. Correlation: The contract documents shall be interpreted as being complementary in requiring a complete work ready for use and occupancy or. if not to be occupied, operation. Any requirement occurring in any one of the documents is as binding as though occurring in all. B. Conflicts in the Contract Documents: In the event of conflict In the contract documents, the priorities stated in subdivisions 1, 2, 3, and 4 below shall govern: 1. Addenda shall govern over all other contract documents, except the County's Standard Form Agreement unless it is specifically indicated that such addenda shall prevail. Subsequent addenda shall govern over prior addenda only to the extent specified. 2. In case of conflict between plans and specifications, the specifications shall govern. 3. Conflict within the Plans: a. Schedules, when identified as such, shall govern over all other portions of the plans. b. Specific Notes, shall govern over all other notes and all other portions of the plans. c. Larger scale drawings shall govern over smaller scale drawings. d. Figured or numerical dimensions shall govern over dimensions obtained by scaling. Rev. 12/72 -_4- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 15, INTERPRETATION OF CONTRACT REQUIREMENTS: (7on't.) 4. Conflicts within the Specifications: a. The "General Conditions of the Contract" shall govern over all sections of the specifications except for specific modifications thereto that may be stated in the Special Conditions. b. Omissions: If the contract documents are not complete as to any minor detail of a required construction system or with regard to the manner of combining or installing of parts, materials, or equipment, but there exists an accepted trade standard for good and workmanlike construction, such detail shall be deemed to have been impliedly required by the contract documents in accordance with such standard. "Minor detail" shall include the concept of substantially identical components, where the price of each such component is small even though the aggregate cost or importance is substantial, and shall include a single component which is incidental, even though its cost or importance may be substantial. The quality and quantity of the parts or material so supplied shall conform to trade standards and be compatible with the type, composition, strength, size, and profile of the parts or materials otherwise set forth in the contract documents. SECTION 16, CLARIFICATIONS AND ADDITIONAL INSTRUCTION: A. Notification by Contractor: Should the Contractor discover any conflicts, omissions, or errors in the contract documents or have any question concerning interpretation or clarification of the contract documents. or if it appears to him that the work to be done or any matters relative there- to are not sufficiently detailed or explained in the contract documents, then. before proceeding with the work affected, he shall immediately notify the County in writing through the Construction Supervisor, and request Interpreta- tion, clarification or furnishing of additional detailed instructions concerning the work. All such questions shall be resolved and instructions to the Contractor issued within a reasonable time by the County, whose decision shall be final and conclusive. Should the Cµtractor proceed with the work affected before receipt of instructions from the County, he shall remove and replace or adjust any work which is not in accordance therewith and he shall be responsible for any resultant damage, defect or added cost. B. Field Oreers: During the course of the work the Architect and/or Engineer may issue Field Orders regarding the work. These Field Orders will supplement the Plans and Specifications in order to clarify the intent of the contract documents by adjustment to meet field conditions or to make the various phases of the work meet and join properly. A Field Order involves no change in contract time or price. Performance, partially or in full, of a Field Order shall constitute a waiver of claim for a change in contract time or price for the work covered by the Field Order, unless a Change Order has been issued. C. Change Orders: See Section 21, this Division. Rev. 12/72 -30- DIVISION G. GENERAL CONDITIONS (Coni.) SECTION 17. PRODUCT AND REFERENCE STANDARDS: A. Product Designation: When descriptive catalogue designations, including manufacturer's name, product brand name, or model number are referred to in the contract documents, such designations shall be considered as being those found in industry publications of current issue at date of first invitation to bid. B. Reference Standards: When standards of the Federal Government, trade societies, or trade associations are referred to in the contract documents by specific date of issue, these shall be considered a part of this contract. When such references do not bear a date of issue, the current published edition at date of first invitation to bid shall be considered as part of this contract. SECTION 18. MATERIALS, ARTICLES. AND EQUIPMENT: A. Material shall be new and of quality specified. When not particularly specified, material shall be the best of its class or kind. The Contractor shall, if required, submit satisfactory evidence as to the kind and quality of material. Price, fitness and quality being equal, preference shall be given to products made in California, in accordance with Section 4380 et seq., of the Government Code, State of California. B. Mechanical equipment, fixtures and material shall be delivered in original shipping crates to the job site and the County shall be notified of the receipt of such equipment, fixtures and material before uncrating. The County will, when desired, inspect such equipment, fixtures or material to determine any damage or deviation from that specified. Items damaged during delivery shall be rejected. C. Wherever the name or brand of a manufacturer's article is specified herein, it is used as a measure of quality and utility or a standard. If the Contractor desires to use any other brand or manufacture of equal quality and utility to that specified, he shall make application to the County in writing for any proposed substitutions. Such application shall be accompanied by evidence satisfactory to the County that the material or process is equal to Rev. 12/72 -31- i • DIVISIG'N GENERAL C(''NDITIOM (Con't,) ¢ CTK N 18, MATERIALS, ARTICLES. AND EQUIPMENr: (Con't.) that Specified. Request for substitution shall be made in ample time for the County's consideration as no delay or extra time will be allowed on account thereof. Evidence furnished to the County by the Contractor shall consist of adequate size samples of material, testing laboratory reports on material or process, manufacturer's specification data, field reports on product's approval and use by other public agencies, material costs, and installation costs and maintenance provisions and experience or other data as required by the County, The County's decision concerning the refusal or acceptance of proposed substitute for that specified shall be accepted as final. Requests for substitution will only be considered when offered by the Contractor with the reason for substitution, *'allure to submit competent evidence as required and requested by County shall be considered grounds for refusal of substitution. The Contractor shall include n notice of change in contract prices, if substitution is approved. D. All materials shall be delivered so as to insure a speedy and uninterrupted progress of tt•e work. Same shall be stored so as to cause no obstruction, and so as to prevent overloading of any portion of the structure, and the Contractor shall be entirely responsible for damage or loss by weather or other cause. E. Within fifteen (15) days after the signing of the Contract, the Contractor shall submit for approval to the County a complete list of all materials it is proposed to use under this Contract, which differ in any respect from materials specified. This list shall include all materials which are nroposee by the subcontractors as well as by himself for use in work of his Contract and which are not specifically mentioned in the Specifications. This list must also include the figures received by the Contractor in bid form for the material or materials which are submitted for approval or substitution, together with the figures in bid form of the specified material or materials for which substitutions are proposed. In case a substitute is offered and accepted as approved equal to materials specified, the cost of which is less than the cost of the material or equipment specified, then a credit shall be taken for the difference between the two costs in order that the County shall obtain whatever benefits may be derived from the substitution. Failure to propose the substitution of any article within thirty-five (35) days after the signing of the Contract may be deemed sufficient cause for the denial of request for substitution. SECTION 19. SHOP DRAWINGS, DESCRIPTIVE DATA. SAMPLES, ALTERNATIVES: A• The Contractor shall submit promptly to the County, so as to cause no delay In the work, all shop drawings. descriptive data and samples for the various trades as required by the specifications, and offers of alter- natives, if any. Such submittals shall be checked and coordinated by the Contractor with the work of other trades involved before they are submitted to the County for examination. Rev. 12/72 -32- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 19. SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES, ALTERNATIVES: (Con't.) B. The Contractor shall submit to the County shop or diagram drawings in the number of copies as required in submittal schedule, or five (5) copies if no schedule is included in these documents. The drawings shall show completely the work to be done; any error or omission shall be made good by the Contractor at his own expense, even though the work be installed before same becomes apparent, as approval by the County covers general layout only. Fabrication, details and inspection shall conform to approved Contract Drawings. C. Descriptive Data: Submit sets of manufacturer's brochures or other data required by the specifications in the number of copies as required in submittal schedule, or five (5) copies if no schedule is included in these documents. The County will examine such submittals, noting thereon corrections, and return three copies with a letter of transmittal indicating actions taken by the County or required of the Contractor. D. Samples: Submit samples of articles. materials or equipment as required by the specifications. The work shall be in accordance with the approval of the samples. Samples shall be removed from County property when directed. Samples not removed by the Contractor, at the County's option. will become the property of the County or will be removed or disposed of by the County at Contractor's expense. E. Alternatives: For convenience in designation on the plans or in the specifications, certain materials. articles, or equipment may be designated by a brand or trade nano or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as "designated by brand name". An alternative material, article. or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use provided the Contractor complies with the following requirements: 1. The Contractor shall submit his proposal for an alternative in writing within the time limit designated in the specifications. or if not designated, then within a period which will cause no delay in the work. 2. No such proposal will be considered unless accompanied by complete information, and descriptive data, necessary to determine the equality of the offered materials, articles, or equipment. Samples shall be provided when requested by the County. The Contractor shall note that the burden of proof as to the comparative quality or suitability of the offered materials, articles, or equip- ment shall be upon the Contractor. The County shall be the sole judge as to such matters. In the event that the County rejects the use of such alternative materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished. Rev. 12/72 -33- DIVIS!V' C. GENERAL C040ITIUNS (Con't,) ';ECTILN 19. 54LP DRAWIMS, DESCRIPTIVE DATA, SAMPLES. ALTERNATIVES: (Con't.) The County will examine, with reasonable promptness, such submittals, and return of submittals to the Contractor shall not relieve the Contractor from responsibility for deviations and alternatives from the contract plans and specifications, nor shall it relieve him from responsibility for errors in the submittals. A failure by the Contractor to identify in his letter of transmittal material deviations from the plans and Specifications shall void the submittal and any action taken thereon by the County. When specifically requested by the County, the Contractor shall resubmit such shop drawings, descriptive data, and samples as may be required. If any mechanical, electrical, structural, or other changes are required for the proper installation and fit of alternative materials, articles, or equipment, or because ofdeviations from the contract plans and specifications, such changes shall not be made without the consent of the County and shall be made without additional cost to the County. SECTION 20, SAMPLES AND TESTS: The Contractor shall cause to be performed at his own expense all tests of materials, articles, equipment or other work specified by the contract, The County reserves the right at its own expense to order tests of any part of the work in addition to those specified. If as a result of any such test the work is found unacceptable, it will be rejected and any additional test required by the County shall be at Contractor's expense, Unless otherwise directed, all samples for testing will be taken by the County from the materials, articles or equipment delivered, or from work performed, and tests will be under the super- vision of, or directed by, and at such places as may be convenient to the County. Materials, articles, and equipment requiring tests shall be delivered in ample time before intended use to allow for testing, and none may be used before receipt of written approval by the County. Any sample delivered to the County or to the premises for examination, including testing, shall be disposed of by the Contractor at his own expense within not more than ten (10) days after the Contractor acquires knowledge that such examination is concluded, unless otherwise directed by the County. SECTION 21. CHANGE ORDERS: The County reserves the right to order in writing changes in the plans and specifications, without voiding the contract, and the Contractor shall comply with such order. No change or deviation from the plans and specifications will be made without authority in writing from the County. Changed work shall be performed in accordance with the original requirements of the Contract Documents and previous fully executed Change Orders. A Change Order may adjust the contract price either upward or down- ward in accordance with either or a combination of the following bases, as the County may elect: (1) On a lump sum basis as supported by breakdown of estimated costs. -34- Rev. 12/72 DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANGE ORDERS: (Con't.) (2) On a unit price basis. (3) On a cost-plus basis in accordance with the following conditions: (a) NARK-UPS• 1. For work performed by the General Contractor an amount equal to the direct cost (as defined herein) of the work plus 15% of the direct costs for overhead and profit. 2. For work performed by a sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 20% of the direct costs for overhead and profit. (Suggested breakdown: 15% to the sub-contractor, 5% to General Contractor.) 3. For work performed by a sub-sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 25% of the direct costs for overhead and profit. (Suggested breakdown: 157. to sub-sub-contractor, 5% to sub-contractor, 5% to General Contractor.) 4. In no case will the total mark-up be greater than 25% of the direct costs notwithstanding the number of contract tiers actually existing. 5. For deleted work the mark-up shall be 10% of the direct costs or the agreed upon estimate thereof. (b) DIRECT COSTS• 1. Labor: The costs for labor shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation and similar purposes. Labor rates will not be recognized when in excess of those prevailing in the locality and time the work is being performed. 2. Materials: The actual coat to the Contractor for the materials directly required for the performance of the changed work. Such cost of materials may include the cost of procurement, transportation and delivery if necessarily incurred. If a trade discount by the actual supplier is available to the Contractor, it shall be credited to the County. If the materials are obtained from a supply or source owned wholly or in part by the Contractor, payment therefore will not exceed the current wholesale price for such materials. The term "trade discount" includes the concept of cash discount. Rev. 12/72 -35- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANGE ORDERS: (Con't.) 2. Materials: (Con't.) If, in the opinion of the County, the cost of materials is excessive, or if the Contractor fails to furnish satisfactory evidence of the cost to him from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required. The County reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs or profits on material furnished by the County. 3. Equipment: The actual cost to the Contractor for the use of equipment directly required in the performance of the changed work. In computing the hourly rental of equipment, any time less than 30 minutes shall be considered one-half hour. No payment will be made for time while equipment is inoperative due to breakdowns or for non-working days. In addition, the rental time shall include the time required to move the equipment to the work from the nearest available source for rental of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading and transportation costs will be paid in lieu of rental time therefor. However, neither moving time nor loading and transportation costs will be paid if the equipment is used on the project in any other way than upon the changed work. Individual pieces of equipment having a replacement value of $1,000 or less shall be considered to be tools or small equipment, and no payment will be made therefor. For equipment owned, furnished, or rented by the Contractor, no cost therefor shall be recognized in excess of the rental rates established by distributors or equipment rental agencies in the locality where the work is performed. The amount to be paid to the Contractor for the use of equipment as set forth above shall constitute full compensation to the Contractor for the cost of fuel, power, oil, lubrication, supplies, small tools, small equipment, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, labor (except for equipment operators), and any and all costs to the Contractor incidental to the use of such equipment. (c) ALLOWABLE TIME EXTENSIONS: For any change in the work, the Contractor shall be entitled only to such adjustments in time by which completion of the entire work is delayed due to performance of the changed work. Each estimate for a change in the work submitted by the Contractor shall state the amount of extra time that he considers should be allowed for making the requested change. Rev. 12/72 -36- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANCE ORDERS: (Con't.) (d) RECORDS AND SUPPORTIVE INFORMATION: (1) The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a cost-plus basis and the costs of other operations. (2) Contractor shall maintain daily records showing man hours and material quantities required for cost plus work. The Contractor shall use a form approved or provided by the County. The forms will be filled out in duplicate and the County's inspector will review and attach his approving signature to the form on the d_Y the work is performed. (3) Rental and material charges shall be substantiated by valid copies of vendor's invoices. (4) The contractor's cost records pertaining to cost-plus work shall be open to inspection or audit by the County. (e) FAILURE TO AGREE AS TO COST: Notwithstanding the failure of the County and the Contractor to agree as to cost of the proposed change order, the Contractor, upon written order from the County, shall proceed immediately with the changed work. Daily job records shall be kept as indicated in Paragraph (d) above and when agreed to by the Contractor and the construction inspector, it shall become the basis for payment of the changed work. Agreement and execution of the daily job record by the construction inspector shall not preclude subsequent adjustment based upon a later audit by the County. Rev. 12/72 -37- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 22. LABOR• Every part of the work shall be accomplished by workmen, laborers, or mechanics especially skilled in the class of work required and workmanship shall be the best. SECTION 23, OCCUPANCY BY THE COUNTY PRIOR TO ACCEPTANCE: The County reserves the right to occupy all or any part of the project prior to completion of the work, upon written order therefor. In such even., the Contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the County. Such occupancy does not constitute acceptance by the County of the work or any portion thereof, nor will it relieve the Contractor of responsibility for correcting defective work or materials found at any time before the acceptance of the work as set forth in Section 28 or during the guaranty period after such acceptance, as set forth in Section 26. SECTION 24 PRESERVATION AND CLEANING: A. The Contractor shall protect and preserve the work from all damage or accident, providing any temporary roofs, window and door coverings, boxings or other construction as required by the County. This shall include any adjoining property of the County and others. B. The Contractor shall properly clean the work as it progresses. As directed during construction, rubbish shall be removed, and at completion the whole work shall be cleaned and all temporary construction, equipment and rubbish shall be removed from the site, all being left in a clean and proper condition satisfactory to tie County. SECTION 25, PAYMENT OF FEDERAL OR STATE TAXES: Any Federal, State or local tax payable on articles furnished by the Contractor, under the Contract, shall be included in the Contract price and paid by the Contractor. The County will furnish Excise Tax Exemption Certificates to the Contractor for any articles which are required to be furnished under the Rev. 12/72 -38- • �-- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 25. PAYMENT OF FEDERAL OR STATE TAXES: (Con't.) Contract and which are exempt from Federal Excise Tax. SECTION 26. ACCEPTANCE: A. The work shall be accepted in writing only when it shall have been completed satisfactorily to the County. Partial payments shall not be construed as acceptance of any part of the work. B. In judging the work no allowance for deviations from the drawings and Specifications will be made, unless already approved in writing at the time and in the manner as called for heretofore. C. County shall be given adequate opportunity to make any neces- sary arrangements for fire insurance and extended coverage. D. Final acceptance of the contract will not be given until all requirements of the contract documents are complete and approved by the County. This shall include, but is not limited to, all construction, guarantee forms, parts list, schedules, tests, operating instructions, and as-built drawings - all as required by the contract documents. SECTION 27. FINAL PAYMENT AND WAIVER TO CLAIMS: After the official acceptance of the work by the County, the Contractor shall submit to the County, on a form acceptable to the County, a request for payment in full in accordance with the contract. The form "Statement to Accompany Final Payment" shall be completed, signed by the Contractor and submitted to the County with the final payment request. SECTION 28. GUARANTEE: A. The Contractor hereby unconditionally guarantees that the work will be done in accordance with the requirements of the contract, and further guarantees the work of the contract to be and remain free of defects in workman- ship and materials for a period of one year from the date of acceptance of the contract, unless a longer guarantee period is specifically called for. The Contractor hereby agrees to repair or replace any and all work, together with any other adjacent work which may be displaced in so doing, that may prove to be not in its workmanship or material within the guarantee period specified, without any expense whatsoever to the County, ordinary wear and tear and unusual abuse or neglect excepted. B. Contract bonds are in full force and effect during the guarantee period. C. The Contractor further agrees, that within 10 calendar days after being notified in writing by the County of any work not in accordance with the requirements of the contract or any defects in the work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time, and in the event he fails to so comply, he does hereby authorize the County to proceed to have such work done at the Contractor's expense and he will pay the cost thereof upon demand. The County shall be entitled to all costs, including reasonable attorney's fees, necessarily incurred upon the contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the County's Rev. 12/72 -39- GUARANTEE FOR CONTRA COSTA COUNTY BUILDING HARTINEZ, CALIFORNIA We hereby guarantee to the County of Contra Costa the (Type of Work) which we have installed in the (Name of Building) , California, for year (s) use from date of filing of the completion notice in the Office of the County Recorder. We agree to repair or replace to the satisfaction of the County any or all such work that may prove defective in workmanship or materials within that period, ordinary wear and tear and unusual abuse or neglect excepted, together with any other work which may be damaged or displaced in so doing. If we fail to comply with the above mentioned conditions within a reasonable time after being notified in writing, we, collectively and separately, do hereby authorize the owner to proceed to have the defects repaired and made good at our expense and we will pay the costs and charges therefore immediately upon demand. This guarantee covers and includes any special terms, including time periods, specified for this work or materials in the plans and specifications for this project. This guarantee supersedes any previous guarantees we have made for this particular project. SUBCONTRACTOR Date: (Affix Corporate Seal) GENERAL CONTRACTOR Date: (Affix Corporate Seal) NOTE: If the firm is not a corporation, add a paragraph stating the type of business organization and the capacity and authority of the person signing the guarantee. _li L DIVISION G. GENERAL CONDITIONS (Coni.) SECTION 28. GUARAMME: (Con't.) employees. property, or licensees, the County may undertake at the Contractor's expense without prior notice all work necessary to correct such hazardous conditions when it was caused by work of the Contractor not being in accordance with the requirements of this contract. D. The general contractor and each of the listed subcontractors shall execute and furnish the County with the standard guarantee form. (See page 41). Rev. 12/72 -40- FORM STATEMENT TO ACCOMPANY FINAL PAYMENT To: Contra Costa County Public Works Department County Administration Building Martinez, California Re: Final Payment (Project) Dear Sir: The undersigned Contractor represents and agrees that the final payment includes herein all claims and demands, of whatever nature, which he has or may have against the County of Contra Costa in connection with the contract to construct the above-entitled project, and that payment by the County of the final estimate shall discharge and release it from any and all claims. The undersigned hereby certifies that all work, labor, and materials on this project have been furnished and purchased in full compliance with the contract and with all applicable laws and regulations. The undersigned states that his claim for final payment is true and correct, that no part has been theretofore paid, and that the amount therein is justly due. I declare under penalty of perjury that the foregoing is true and correct. Dated , at (City) , California. _42 FIRE COLLEGE SITE IMPROVEMENTS CONTRACT 2 DIVISION H SUPPLEMENTARY GENERAL CONDITIONS 1. Temporary Utilities Water and electrical power will be provided by the County at no cost to the Contractor. 2. Contractor's Operations a. If during the work the Contractor mars, damages or defaces County property, such shall be' cleaned, repaired, replaced or otherwise restored by the Contractor to substantially the same condition at no cost to the County. b. Contractor shall maintain a clean and safe operation, including barricades as necessary for vehicles and pedestrian safety. 3. The work under each section shall include all labor, materials, transportation, equipment and services as required to complete that part of the project as described in the contract documents. 4. Permits and Fees - Section 10, Permits and Licenses, on Page 26 of General Conditions is hereby deleted. Contractor must obtain and pay for his own business license, if required. County will obtain, at no cost to Contractor, all permits, and will pay for all fees required by other governmental agencies. 5. Existing driveway and parking lot must remain open and useable by Fire District personnel at all times. s i i i i -43- • • FIRE COLLEGE SITE IMPROVEMENTS CONTRACT 2 DIVISION I TECHNICAL PROVISIONS 1. CARPENTRY a. materials (1) Wood shall be Construction Heart Redwood smooth four sides. (2) Preservative shall be an approved 5% pentachlorophenol type. (3) Translucent Plastic Sheeting shall be "Filon" flat 8-oz. weight, white colored. (4) Nails shall be galvanized. (5) Bolts shall be galvanized standard mild steel, hexagonal head type with matching nuts and malleable steel plate washers. (6) Mastic shall be an approved type - white. b. Work shall be done in accordance with the Uniform Building Code and all local ordinances, and as indicated on the plans. 2. CONCRETE a. Materials (1) Portland Cement: Type II conforming to the current A.S.T.M. Specification C-150. i (2) Concrete Aggregates: Fine and coarse aggregate shall comply with ` the current A.S.T.M. Specification C-335 and shall be clean uncoated grains of strong materials. (3) Water shall be clean water from utility company mains. (4) Reinforcing bars shall conform to "Standard Specifications for Deferred Billet-Steel Bars for Concrete Reinforcement". Designation , A 615 - Grade 40. E b. Standards (1) Specifications, standards, tests and recommended methods cited herein shall determine quantity and quality of materials and methods unless specifically designated otherwise. (a) American Society for Testing and Materials (A.S.T.M.) (b) American Concrete Institute (A.C.I.) (c) State of California Standard Specifications -44- 6 FIRE COLLEGE SITE IMPROVEMENTS DIVISION I CONTRACT 2 TECHNICAL PROVISIONS 2. CONCRETE (con't.) b. Standards (con't.) (2) Tests and inspections will be made by the Engineer to accord with General Conditions DIVISION G, Section 20. Contractor shall supply all materials required for testing. Notify Inspector at least two (2) working days before pouring concrete. Concrete shall not be poured until inspection of forms, reinforcing and other embedded items have been made by the County and pours shall be made only when the Inspector is present. c. General (1) Each load of Ready Mix Concrete shall be accompanied with a certified weightmaster's tag showing the ingredients by weight. (2) All forms shall be straight and true and adequately secured such that when the concrete is placed the forms will remain straight and true. (3) The unexposed portion of all footings may be placed "neat" provided concrete reinforcement is protected with clearances hereinbefore mentioned. (4) All exposed concrete shall be formed. (5) Expansion Joints (a) All expansion joints shall be straight and true and weakened plane type. d. Execution (1) Measurement of materials for ready-mixed concrete shall conform to the Standard Specifications for Ready-Mixed Concrete A.S.T.M. Designation C94. (2) Concrete shall be mixed and delivered in accordance with the require- ments of the Standard Specifications for Ready Mixed Concrete A.S.T.M. Designation C94. Minimum Compressive Strength of 3,000 P.S.I. after 28 days. 4" maximum slump. 3/4" maximum aggregate. (3) Concrete shall be conveyed from the mixer to the place of final deposit by methods which will prevent the separation or loss of the materials. (4) Equipment for chuting, pumping and pneumatically conveying concrete shall be of such size and design as to insure a practically continuous flow of concrete at the delivery end without separation of the materials. -45- ` • • FIRE COLLEGE SITE IMPROVEMENTS CONTRACT 2 DIVISION I TECHNICAL PROVISIONS 2. CONCRETE (con't.) d. Execution (5) Deposit concrete as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. The concreting shall be carried at such a rate that the concrete is at all times plastic and flows readily into the spaces between the bars. No concrete that has partially hardened or been contaminated by foreign material shall be deposited on the work, nor shall retempered concrete be used. (6) Before depositing new concrete on or against existing concrete, existing surfaces shall be thoroughly roughened and cleaned of foreign matter and loose particles, and coated with concrete adhesive. (7) Adequate concrete cylinders shall be taken to permit testing at 7 days and 28 days including at least one cylinder retained for testing as directed by the Engineer, beyond 28 days if specified minimum require- ments have not been met at that time. (8) Concrete Finishes shall be as shown on plans. j j 3. ELECTRICAL WORK a. All work and materials shall be in full accordance with the latest rules { and regulations of National Electrical Code, California Title 24; and l all applicable County and State laws or regulations and latest approved i standards of I.E.E.E., A.S.A., N.E.M.A., U.L., and the local power company. Nothing in these plans or specifications is to be construed to permit work not conforming to the above. b. Materials and installation shall be as shown on plans. 4. STAINING Stain shall be "Olympic", or equal. Colors as shown on plans. -46- DRAWINGS 02 MAPS T00 LAPGF... TO FILM STORED W ( TH FILE CHARGE ORDER TO CONTRACT C.O. 2 (W.O. 5547 ) Project: Fire College Site Improvements - Contract #1 Contractor: Lawrence Adams - Adams Investments In accordance with County request, Contractor proposes to provide-all equipment, materials, labor and services to accomplish the requested change in the contract documents for which the amount noted herein below shall constitute full compensation and by which the contract price shall be adjusted. In all other respects the contract remains unchanged. Description of Change Provide hot-dipped galvanized finish for six (6) steel light standards in lieu of paint finish as specified.. .. . . . . . . . . . .$576.64 Net Change in Contract Price $ 576.64 ADD Last Contract Price $ 38.356.00 New Contract Price $ 38.432.64 Approval Recommended: Approved: Project rchitect/ sneer Supervising Building Deputy Projects Engineer Public Works Director Buildiigs and Grounds Approved: AA I C! / DGce Chairman Board of Supervisors ATTEST.: J. R. OLSSSON , CLERK By Deputy Clerk Lawrence Adams By Contractor / Date r J 1 w 833 82699 SEP 16 1914 l� 'ViiEEN RECORDED, RZIURN RECORDED AT RZQQL F O...'j" Ect TO CLERK BOARD OF at o'clock y jai. SUPERVISORS Co ra Costa Co try J. R. OLSSON, County Recorder Fee a Official BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTiaTCE Notice of Completion of Contract with ) and NOTICE OF CO iPLLTION Lawrence Adams (C.C. 3§3086, 3093) Work Order 5547 RESOLUTION NO. 74/807 The Board of Supervisors of Contra Costa County RESOLVES THAT: The County of Contra Costa on July 29. 1974 contracted with ,.wrP ne_ Adams, 7765 Claremont Avenue, Berkeley, California 94705 Flame and Address of Contractor for site improvements at Contra Costa Countv*Fire Protection District Fire College. Treat Boulevard, Concord (Contract 1) , ,Fork Order 5547 with Fidelity and. Deposit- Company of Maryland as surety, ifa.me of Bonding Company for work to be performed on the grounds of the County; and. The Public ;'forks Director reports that said work has been inspected and complies with the approved plans, special provisions, and standard specifications, and recommends its acceptance as substaAltially complete as of September 10, 1974. Therefore, said work is accepted as completed on said date, and the Clerk shall file -with the Coi.�nty Recorder a copy of this Resolution and Notice as a notice of Completion Tor said contract. The amount of :;4, 200 is withheld from payment until six light standards are installed in approximately 22 weeks. PASSED AND ADOPTED OST September 10, 1974 CERTIFIC.'iTIOii and VERIFICATION I certify that the foregoi.ir; is a true and correct copy of a resolu— tion esolu—tior. and acceptance duly* adopted and entered on the minutes of th�.s Board' s „eetin on the above date . I declare under penalty or perjury -that the foregoing is true and correct. Dated: September 10. 197A J. R. OLSSON, County Cler'_� & atfar tines, CaliT ornia ex officio Clerk of the Board C IL.LZ'L By Helen C 14arshall cc: ..ecora a_"_1 re Lurn Contlractor Auditor Public Works Administrator RESOLUTION 1:0. 74/807 END OF DOCUMENT CHANGE ORDER TO CONTRACT C.O. # 1 (W.O. 5547 ) Project: Fire College Site Improvements - Contract #1 Contractor: Lawrence Adams - Adams Investments In accordance with County request, Contractor proposes to provide all equipment, materials, labor and services to accomplish the requested change in the contract documents for which the amount noted herein below shall constitute full compensation and by which the contract price shall be adjusted. In all other respects the contract remains unchanged. Description of Change: Repair underground electrical damage $260.00 Installed Concrete sidewalk without request or authorization from Contra Costa County (See Exhibit A) 0.00 Net Change DROOM in Contract Price $ $260.00 ADD Last Contract Price $ $38,096.00 New Contract Price $ $38,356.00 Approval Recommended: Proje Archite ngineer Supervising Building Projects Engineer Approved: ZR )';) 'ie"� Deputy Public Wo4kd Director Buildings and Grounds Accepted: 77� rV, B Contractor' Date /1►�il=i lovestmets n 11 C�n L ;�� ! 7765 Claremont AvenueIm Berkeley,California 94705 A 549-3022 U6 2 61974 AUG � 6 ,97a Pua4c YdC2;�S 8UI10ING MAINTENANCE PUBLIC WORKS OEPh�;7f�1FNT 15 August 1974 Mr. Ted Smith Supervising Building Projects Engineer Public Works Department Contra Costa County 6th Floor, Administration Building Martinez, California 94553 Dear Mr. Smith: Please pay Lawrence Adams the following sum on Fire College Contract #1: labor electrician $252. 00 9 hrs. at $28/hr - Repair of underground electrical 'installation at dorm drain in center parking lot 32 hrs--searching materials and Christy box I hr--return materials not used - 42 hrs--labor including enclosure for. telephone around PVC laborer 8. 00 2 hrs. at $4/hr materials nilPVC glue and wire TOTAL $260. 00 plus contractor's overhead and profit as specified in the contract. Sincerely, Norva Hepler Business. Manager Y,;i moi+ RECORDED, hi'IURN RZ*CORDED AT REQUEST OF TO CLERK BOARD OF at o'clock M. SUPERVISORS Contra Costa County Records J. R. OLSSON, County Recorder Fee a Official BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE Notice of Completion of Contract with ) and NOTICE Or COMPLIETION Lawrence Adams (C.C. §33086, 3093) Work Order 5547 RESOLUTION N0. 74/807 The Board of Supervisors of Contra Costa County RESOLVES THAT: The County of Contra Costa on Tu v 29. 1974 contracted with j:orrcnee AriaMs 7765 Claremont Avenue Berkeley California 94705 Name and Address of Contractor for Site improvements at Contra Cosa County*Fire Protection District Fire College Treat Boulevard, Concord (Contract 17,-Work Order 5547 .with Fidelity and Deposit Company of Maryland as surety, game of Bonding Company for work to be performed on the gro::`nds of the County; and The Public ,Forks Director reports that said work has been inspected and complies with the approved plans, special provisions, and standard specifications, and recommends its acceptance as substantially complete as of September •10, 1974. Therefore, said work is accepted as completed on said date, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for -said contract. The amount of ;4,200 is withheld from payment until six light standards are installed in approximately 22 weeks. PASSED AND ADOPTED ON September 10. 197A • CERTIFICATION and VERIF ICATIO'N I certify that the foregoing is a true and correct copy of a resolu- tion. and accep Lance duly adopted and entered on the minutes of ibis Board' s meetin; on the above date. i declare under penalty of perjury that the foregoing is true and correct. Dated: September 10. 1974 J . R. OLSSON, County Clerk & at ;Martinez , California ex officio Clerk of the Board c By Helen C. Marshall llcpuLy ,_erk CC . Liecorc c"i L' e zurn Contractor Auditor Public Administrator RESOLUTIC.+ i O. 7:'./807 5 CONTRACT Special Engineering-Administrative Services Construction Supervision & Inspection 1. Variables. These variables are incorporated below by reference: a. Inspector's Name & Address : Charles G. Liebscher, 2415 Yale Avenue, Martinez, CA. 94553 b . Effective Date : July 30, 1974 c. Project 's Name, Location, & Public Entity: Fire College site Improvements, Treat Boulevard, Concord, CA. - Contracts I and II (Contra Costa County Fire Protection District) d. Rate of Compensation: $10.75/hour 2. Signatures. These signatures attest the parties ' agreement hereto. COUNTY OF CONTRA COSTA IivSPECTOR By Ch man, Board ofVSupervisors ATTEST: J . R. OLSSOId, Co . Clerk and ex officio Clerk of Board By Deputy Reco ended for Approval: crnon L. Cline , Chief Denuty Public Works Denartment J. P. iii Brien, Co. Administrator Form Approved: John B. Clausen County Counsel By Deputy 3. Parties . Effective on the above date, Contra Costa County (County- Owner)- and the above-named Inspector mutually agree and promise as follows : 4 : General Qualifications & Conditions. County hereby contracts with Inspector, as one specially trained, experienced, and competent there- in, to perform the engineering and administrative services of a con- struction supervisor and inspector, including those associated with the continuous construction supervision position commonly known as Clerk-of-the-Works, in connection with the above construction project, which services are necessarily incident to the services performed for the County by architects and engineers in the design and construction supervision of construction projects. This agreement does not pre- clude other employment of the Inspector if it does not interfere with _ the duties and hours of work required herein. 5 . Term. The duration of this contract is the duration of the said construction project, but either party may terminate it by giving 30 days advance written notice to the other. 5. General Duties & Instructions. The Inspector's construction supervision and inspection services include the following general duties and instructions : a. Status & Relationship with County & Architect. His independent contractor relationship with the County parallels that which exists between the County and the Architect; but he is subordinate to the -1- Architect, because the Architect is responsible for the design of the project and for general supervision of its construction, pur- suant to the County-Architect agreement . b . Status & Relationship with Contractor. He shall maintain a dignified but understanding relationship with the workmen on the .job ' but he shall conduct business only through the contractor's job superintendent , and shall not assume the Contractor's duties : and he shall not give instructions directly to the Contractor's employee(s) or subcontractor(s) : and he shall immediately advise the Architect of any case where County representatives give instructions to the Contractor's employees . C. County-Contractor Coordination. He shall effectively main- tain close coordination of Contractor's work and owner reo_uirements by frequent, regular conferences or other suitable means, especially where projects involve alterations or modifications of or additions to an existing functioning facility, which must be maintained as an operating unit during conduct of construction work, and therefore require special alertness to job conditions which may affect such continuing operations . He shall coordinate necessary interruptions of normal County activities with the County and General Contractor beforehand. d. Familiarity with Contract. He shall become thoroughly familiar with all contract documents including specifications , draw- ings and addenda; and he shall supervise and check the adequacy and accuracy of required "as built`' drawings prepared by the Contractor's employees (see also 7-a, below) . e. Personal Presence & Observation. He shall be personally present whenever work is being performed (even on overtime, night, holiday or weekend basis when so directed) , and shall attend meetings called by the County, Contractor or Architect - and he shall make direct personal observations of work being performed by the General Contractor and subcontractor(s) for certification to County-Owner that such work is being performed in a skillful manner and in accordance with the requirements of the contract documents. f. Advice & Suggestions . He shall advise County on all con-- struction matters , such as suggesting change orders or reviewing construction schedules; he shall evaluate suggestions or modifications which have been made to accommodate on-the-job problems, and report them with recommendations to the Architect : and he shall review and make recommendations to the Contractor on all pay estimates . 7. Special Duties & Instructions . The Inspector's duties specially concerning the progress of the work include the following: a. General Records & Files . He shall maintain a file of, and be aware of the contents of, the local, State, Federal, NFBU, NFPA, etc. , codes , regulations , directives, requirements, etc. , which are pertinent to this project, and are provided by the County; and he shall maintain a complete file of all drawings, specifications, con- tracts, change orders , directives, etc. , which determine work to be done by the Contractor (see also 6-d, above) . b. Diary & Reports. He shall maintain a bound daily diary, noting therein job problems , conferences and remarks : and he shall submit all reports deemed necessary by State and Federal agencies, Architect and County, which shall be timely and in sufficient detail to satisfy the purpose of the report. c. Material Records . He shall maintain records of materials and/or equipment delivered at the site, showing manufacturers ' names, catalog, model serial number, style, type or other identifying infor- mation thereon, and noting whether they are in strict compliance with the plans , shop drawings and/or specifications, or are approved by the Architect . He shall certify to County that all materials used in construction are as specified in contract documents ; and, on com- pletion and/or installation of each applicable item, he shall collect -2- and assemble relevant information (including guarantees, certificates, maintenance manuals , operating instructions , keying schedules , cata log numbers , vendors ' addresses and telephone contacts, etc. , of materials and/or equipment as required) : and at the completion of the project, he shall deliver this information to the Architect for delivery to the County. 8 . Pay for Services , & Reimbursement for Expenses . a. County shall pay Inspector for these services , at the above rate, for semi-monthly pay periods of the 1st through the 15th and the 16th through the last day of the month. Payment will be made on the 10th of the month or on the 25th of the month following the pay period if a demand billing is received by the County Public Works Department on the last County working day of the period. b . Mileage authorized by the Road Commissioner-Surveyor (Public Works Director) or his deputy shall be reimbursed at a rate to be mutually agreed upon from time tb time reflecting actual and changing costs. 9. Insurance Requirements . Before performing any work under this Contract, Inspector shall at his own expense furnish County with certificates or other acceptable evidence of his coverage by Public Liability Insurance, for all his acts in performing; the duties required by this Contract , in amounts of at least 1250,000 for all damages arising out of bodily injuries or death to any one person and $500,000 for two or more persons in one accident or occurrence, and Property Damage Liability Insurance of at least $50,000, both of which shall name the Inspector and the County as insureds . 10. Enforcement and Interpretation of Contract . The County's agent for enforcing and interpreting this Contract all be the County's Road Commissioner-Surveyor (Public Works Director) or a deputy. 11. Adjustment of Compensation. The rate of compensation may be adjusted by mutual consent of the parties involved for good cause shown. GWM:me CC-61:200:7/71 (§8b rev. 7-71) -3- CONTRACT Special Engineering-administrative Services Construction Supervision & Inspection 1. Variables . These variables are incorporated below by reference : a. Inspector's Name & Address : J. M. Nelson 1905 Pacheco Boulevard, Martinez, CA. 94553 b . Effective Date: July 30, 1974 c. Project' s Name, Location, & Public Entity:Fire College Site Improvements, Treat Boulevard, Concord, CA. - Contracts I and IZ (Contra Costa County Fire Protection District) d. Rate of Compensation: $11.50/hour 2. Signatures. These signatures attest the parties ' agreement hereto. COUNTY OF CONTRA COSTA I1 _ C OR � B � y , Chairman . Board of Su rvisors _ ATTEST: J. R. OLSSON, Co. Clerk and ex officio Clerk of Board By Ado Deputy Deputy Recommended for Approval : Vernon L. Cline , Chief Deputy Public Wor s Department J. P. 1cBrie , Co. Administrator Form pproved: John B. Clausen County C unsel By ��L �f !;._ - eputy 3. Parties . Effective on the above date, Contra Costa County (County- Owner and the above-named Inspector mutually agree and promise as follows : 4 : General Qualifications & Conditions . County hereby contracts with Inspector, as one specially trained, experienced, and competent there- in, to perform the engineering and administrative services of a con- struction supervisor and inspector, including those associated with the continuous construction supervision position commonly known as Clerk-of-the-Works, in connection with the above construction project, which services are necessarily incident to the services performed for the County by architects and engineers in the design and construction supervision of construction projects. This agreement does not pre- clude other employment of the Inspector if it does not interfere with the duties and hours of work required herein. 5. Term. The duration of this contract is the duration of the said construction project, but either party may terminate it by giving 30 days advance written notice to the other. 6. General Duties & Instructions. The Inspector's construction supervision and inspection services include the following general duties and instructions : a. Status & Relationship with County_ & Architect. His independent contractor relationship with the Countv parallels that which exists between the County and the Architect ; but he is subordinate to the -1- Architect, because the Architect is responsible for the design of the project and for ;eneral supervision of its construction, pur- suant to the County-Architect agreement . b . Status & Relationship with Contractor. He shall maintain a dignified but understanding relationship with the workmen on the job , but he shall conduct business only through the contractor's job superintendent , and shall not assume the Contractor's duties ; and he shall not give instructions directly to the Contractor' s employee(s) or subcontractor(s) ; and he shall immediately advise the Architect of any case where County representatives give instructions to the Contractor's employees . C. County-Contractor Coordination. He shall effectively main- tain close coordination of Contractor's work and owner requirements by frequent, regular conferences or other suitable means, especially where projects involve alterations or modifications of or additions to an existing functioning facility , which must be maintained as an operating unit during conduct of construction work, and therefore require special alertness to job conditions which may affect such continuing operations . He shall coordinate necessary interruptions of normal County activities with the County and General Contractor beforehand. d. Familiarity with Contract. He shall become thoroughly familiar with all contract documents including specifications , draw- ings and addenda, and he shall supervise and check the adequacy and accuracy of required "as built" drawinc-s prepared by the Contractor's employees (see also 7-a, below) . e. Personal Presence & Observation. He shall be personally present whenever work is being performed (even on overtime, night, holiday or weekend basis when so directed) , and shall attend meetings called by the County, Contractor or Architect - and he shall make direct personal observations of work being performed by the General Contractor and sUbeontractor(s) for certification to County-Owner that such work is being performed in a skillful manner and in accordance with the requirements of the contract documents. f. Advice & Suggestions . He shall advise County on' all con- struction matters , such as suggesting; change orders or reviewing construction schedules ; he shall evaluate suggestions or modifications which have been made to accommodate on-the-job problems , and report them with recommendations to the Architect - and he shall review and make recommendations to the Contractor on all pay estimates . 7. - Special Duties & Instructions . The Inspector' s duties specially concerning the progress of the work include the following: a. General Records & Files . He shall maintain a file of, and be aware of the contents of, the local, State, Federal, NFBU, NFPA, etc. , codes , regulations , directives, requirements, etc. , which are pertinent to this project, and are provided by the County; and he shall maintain a complete file of all drawings, specifications, con- tracts, change orders , directives, etc. , which determine work to be done by the Contractor (see also 6-d, above) . b. Diary & Reports. He shall maintain a bound daily diary , noting therein job problems , conferences and remarks : and he shall submit all reports deemed necessary by State and Federal agencies, Architect and County, which shall be timely and in sufficient detail to satisfy the purpose of the report. C. Material Records. He shall maintain records of materials and/or equipment delivered at the site, showing manufacturers ' names , catalog, model serial number, style, type or other identifying infor- mation thereon, and noting whether they are in strict compliance with the plans , shop drawings and/or specifications, or are approved by the Architect . He shall certify to County that all materials used in construction are as specified in contract documents ; and, on com- pletion and/or installation of each applicable item, he shall collect -2- and assemble relevant information (including; guarantees , certificates, maintenance manuals , operating instructions , keying schedules, cata- log numbers, vendors ' addresses and telephone contacts, etc. , of materials and/or equipment as required) z and at the completion of the project , he shall deliver this information to the Architect for delivery to the County. 8 . Pay for Services , & Reimbursement for Expenses . a. County shall pay Inspector for these services , at the above rate, for semi-monthly pay periods of the 1st through the 15th and the 16th through the last day of the month. Payment will be made on the 10th of the month or on the 25th of the month following the pay period if a demand billing is received by the County Public Works Department on the last County working day of the period. b. Mileage authorized by the Road Commissioner-Surveyor (Public Works Director) or his deputy shall be reimbursed at a rate to be mutually agreed upon from time to time reflecting actual and changing costs . g. Insurance Requirements . Before performing any work under this Contract, Inspector shall-at his own expense furnish County with certificates or other acceptable evidence of his coverage by Public Liability Insurance, for all his acts in performing the duties required by this Contract , in amounts of at least $250 ,000 for all damages arising out of bodily injuries or death to any one person and $500,000 for two or more persons in one accident or occurrence, and Property Damage Liability Insurance of at least $50,000, both of which shall name the Inspector and the County as insureds . 10. Enforcement and Interpretation of Contract . The County 's agent for enforcing and interpreting this Contract s all be the County's Road Commissioner-Surveyor (Public Works Director) or a deputy. 11. Adjustment of Compensation. The rate of compensation may be adjusted by mutual consent of-the parties involved for good cause shown. GWM:me CC-61:200:7/71 (§8b rev. 7-71) -3- VICTOR W. SAUER • PUBLIC WORKS DEPARTMENT R. M. RYGH PUBLIC WORKS DIRECTOR DEPUTY•DUILDINGS AND GROUNDS VERNON L. CLINE CONTRA COSTA COUNTY ROOK 113. COURTHOUSE CHIEF DEPUTY PUBLIC WORKS DIRECTOR J. E. TAYLOR 6TH FLOOR. ADMINISTRATION BUILDING DEPUTY-FLOOD CONTROL DEPUTY-BUSINESS ANOD SERVICES MARTINEZ. CALIFORNIA 94533 R. A 233 GLACIER DRIVE S MARK L. KERMIT TELEPHONE 228.3000 DEPU7Y•R ORDS July 16, 1974 RECEIVED Our Fi le: JUL 2 41974 Project No. J. R. OLSSON Work Order No. 5547 CLERK POARD OF SUPEWISORS OSTA GO. By.. N i RA C .DepUI Mr. Lawrence T. Adam 7765 Claremont Avenue Berkeley, CA. 94705 Reference: Contract. for Contract I - Fire College Site Improvements Treat Boulevard, Concord, CA. Gentlemen: Enclosed are the original and four copies of the referenced contract. We ask that you carefully and completely comply with the following requirements: Contract A. If you are a corporation - I . Have the original and three copies executed (signed) by the President and the Secretary of the corporation. If any officer other than the President and Secretary signs, you must furnish us with sufficient evidence that the officer has authority to sign (e.g., a certified copy of a resolution of your Board of Directors showing the authority of that officer to sign). 2. Have the Acknowledgment completed on each of these four copies by a Notary Public. 3. Affix the corporate seal . 4. Return the original and three copies to us. you will receive a fully signed copy later. B. If you are not a corporation - I . Have the original and three copies•executed (signed) by the owner of your business or a partner authorized to . sign. 2. Have the Acknowledgment completed by a Notary Public on each of these four copies. 3. Return the original and three copies to us. You will receive a fully signed copy later. Bonds I . Furnish us a Faithful Performance Bond in the sum of 38,092.00 2. Furnish us a California Public Work Labor and Material Bond in the sum of $ 19,046.00 3. The contract dat. on the Bonds should be the Effective Date of the contract as shown in Paragraph i of the contract. 4. The description of work on both bonds must be exactly as shown in the contract at Paragraph 1, Section 3, ' "The Work:". 5. If the Bonding Company is not a Cali4ornia corporation, we must be provided with a copy of the :,ower-of-attorney showing the Bonding Company authorization of the California attorney-in-fact who executes the bond for it. 6. The obligee on both bonds must be the contracting Public Agency as shown in Paragraph 1 of the Contract. 7. Please give your bonding company a copy of this letter as a guide. Also, give the bonding company a copy of the contract. 8. Send the bonds in duplicate to the letterhead address. Insurance I. Furnish certificate(s) of insurance showing the coverages and amounts required by the special provisions or specifications. The amounts required by the special provisions or specifications for this contract are: a. Public liability coverages: $ 250,000 /$ 500,000 b. Property damage liability coverages: S 50,000 / c. Fire insurance coverage: $ See Div. G., Sec. 5, Para. D. of the enera n -tions (copy attached) . -2- If umbrella insurance is provided to meet the limits of coverages required by the special provisions or specifications, a copy of the umbrella policy endorsement must be provided us. The endorsement must show the policy number and carrier for each underlying coverage that the umbrella policy supplements. 2. Include the following language on your insurance certificate(s): "By endorsement to Policy No. [nsert Policy Number(s)] the C nsert name of contracting Pubic Acencv as shown in Paragraph I of the contract , its officers, employees and` agents are named as additional. insureds solely as respects, the above-listed job". If the name of the Contracting Public Agency shown in Paragraph I of the contract is not Contra Costa County, add "and Contra Costa County" to the name shown, .and insert both. 3. The certificate(s) of insurance must show that the contracting Public Agency (as shown in Paragraph I of the contract), as an additional insured, is to be given at lec_st 10 days notice prior to any cancellation or modification of insurance. 4. Send the insurance certificate(s) in duplicate and a copy of any umbrella policy endorsement to the letterhead address. 5. Please give your insurance carrier a copy of this letter as a guide. Also, furnisn the insurance carrier with the complete name of the contracting Public Agency as shown in Paragraph I of the contract. You will receive your fully signed copy of the contract after the Public Agency s has indicated acceptance by signing the contract. If the above is not properly completed and the contract returned to us for signature by the effective date shown in Paragraph 1 of the contract, the Public Agency may award the contract to another contractor, and any bid security you have submitted will then be forfeited. We thank you in advance for your careful, thorough compliance with the above. If you have any questions, please call the undersigned immediately. Very truly yours, Victor W. Sauer Public Works Director BY Ted L. Smith TLS:ds Supervising Building Projects Engineer Enc: Contract cc: Clerk of the BoardA-� (C-37 Feb., 1971) DIVISION G. GENERAL CONDITIONS (Cou't.) SECTION 5. BOND AND INSURANCE: (Con't.) In case any class of o-ployee engaged in hazardous work under the Contract at the site of the project is not protected under the Workmen's Compensation statute, or in case there is no applicable Workman's Compensation statute, the Contractor shall provide, and shall cause euch subcontractor to provide, adequate insurance for the protection of his employees not otherwise protected. C. PUBLIC LIABILITY AND PROPERTY DA?AGE INSUMANCE: The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance, naming Contra Costa County as an additional insured, as shall protect him and any subcontractor performing work covered by this Contract, from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $250,000.00 for injuries, including wrongful death, to any one person, and, subject to the same limit-,for each person, in an amount not less than $500,000.00 on account of one accident, and property damage insurance in an amount not less than $50,000.00. The Contractor shall submit a Certificate of Liability Insurance which shall include the "hold harmless" agreement as required in the Articles of Agreement. D. FIRr INSUR.N.NCE: The Contractor shall carry fire and extended coverage insurance naming Contra Costa County as an additional insured duri:tg the period of construction of the work in an amount not less than the total amount of the progress payments received by him from Contra Costa County, less the amount paid to him on account of excavation and foundations. E. CERTIFICATES OF INSLM.ANCE: Certificates of such Workmen's Compensation, Public Liability, Property Damage Insurance, and Fire Insurance, shall be filed with the County and shall be subject to Couaty approval for .adequacy of protection. All certificates shall indicate that Contra Costa County has been named as an additional insured. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled until at least ten days'prior written notice has been given to Contra Costa County. F. PERFORMANCE BOND: One bond shall be in the amount of One Hundred per cent (100%) of the Contract, and shall insure the Otmer during the life of the Contract and for the term of one (1) year from the date of acceptance of the work against faulty or improper materials or workmanship that may be discovered during that time. Rev. 12/72 -23- • Ct)iiTftACT (Construction Agreenent) (Contra Costa County Standard form) These special terms are incorporated below by reference. (;yz,3) Partiec: [Public .,Lgcllcyj Contra Costa County Lawrence T. Adams [Contractor] 0 G 'oU01te legal name i (y1) r]'j'aativc 4'at4': lily 9, 1974 [See 54 fo(C66 f_�te.] ( ;3) :';tc : oi•;;: Construction of the parking lot and service area paving and lighting at the Fire College, Treat Boulevard, Concord, CA.- W.O. 5547, all in accordance with the plans, drawings, and specifica- tions or general conditions prepared by or for the Public Works Director, and in accordance with the accepted bid proposal. (y4) Cov"PZatiort :'irnu: Istrike out (a) or (b) and "calendar" or "working"] (b) Within 60 calendar/:]nCXX3q clays from starting date. (55) Liquidatad �ar.:agaa: $ 50.00 per calendar day. Ise) Prgblic A"a,ncU'a Agent: Victor W. Sauer, Public Works Director ( �7) Contract i'rica: ;i 38,092.00 (f AMis -- -- --- .-_ _---- Pu_; lic-AaCrnc:g, by: (ck^- (President, Chairman Or Other uesignated Representative) g:or:tractor, hereby also acknowledging rareness ofland go-pliance with Labor Cog ;;10.61 cpncernin - rk n's• C nation Law. dy: ( ' ICURPORATE Designate official/.capacity in t:ie business] SEAL) Lr�WPMCE T. ADAM3 = Owner By Designate official capacity in the business ::oto so ,.'ontracto:• (1) •:cura ac::i:owle,;:r:crnt forr:r below, and (2) if a corpora- a.;',,'-.x orpora- aJ'j' .. Corpora-'o - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State of California ) A(r"::t)WLI:J;:':i (by Corporation, Count. of Contra Costa ) �'�� Partnership, or Individual) The person(s) signing above for Contractor, known to nc in individual and business cza:,cit1 as stated, personally appeared befo • sac today and aci:now edged that he/they 1s,y( t corporation artr stn v nan:.cg; above ^YPA ed . 1974 a CCaaty 46� Notary P is My403W 11=D ,;s4 .40,.199;7- - - - - - - - - - - - - - - - - - - - - - - - - FUitd A1111RUMD: J. U. CLAGSLN, County Counsel, !ty � eputy (Page 1 of 4) (CC-1; Rev. 1=-73) • • _ 3. d0la: CVtiTRAC1', C11,111c;L's. (a) By their SiVrnaturt:.. ill Section 2, affective on the abov elate:, thune parties promise and aures: :a, sat forth in thin contract, incorporating by these raicrunces the material ("special terms"). in Sec. 1. (b) Contractor shall, at his n cost and a::uunse, and in a work:.tanlike manner, fully anu faithfully perform and complete tlu: work:; anti will furaaislt all materials, labor, services and transportation necessary, ` convenionl anu proper in order fairly to perform the ret(uiret.tents of this contract, all strictly in accordance with the Pd,lic Agency's plan:, drawings and- specifications. (c) The work carr lie changed only }fit t PuLlic Agency', prior written order specifying such change. and .its, coat xy i:cu'.xQ..by_-.tao parties; and the Public Agency shall- never have to pay more tnati 1"wititout such an order. A. :1'I11E-:- :. NOVICE TO tPItUCEED..;:_wiatracfor shall start this, work as directed in the speci- fications or the i.otice to Proceuu; ana shall complete it as specified in Sec. 1. zi. -LIQUIDATED MIAGES. If tire:'Contractor'fails to complete this contract and this work within ttae time F17Ld therefor, allowance being rnade for contingencies as provided herein, no becoru:3• .lia61u to tlia Public. Jiqu'hcy fore a1i--its loss find damage therefrom; and because, .. from'.the -Aatprb,'of :the' case; 'it•_%is:and wi11%bo. inpracticablib.:and-mixtrainaly difficult to _ ascertain acrd.fix tied Public: a-,aetahal.,aactago_iron-any delay in performance hereof, it i:: .ayr;:i; that Co�tractor..will_pay gas_ iyuidated danSges to the Public Agency the e,.. �.. reasong>,Ie sum:specified its Sec. •,1,. t11 "rtsth2t�of le-parties "a'casonablo endeavor to usti:isti:• fair average=compensatiod therefor;-'for,cacli cade$i!sr''clay's delay in finishing said war)-.; anti if the same be not paid, Public Agency may, in addition to its other remedies;, deduct the sane from any money uuc or to become due Contractor under this con- tract. if the PuLlic Agency for any cause to a delay, suspen- sion of wort: or e::tension of tih:.e, its duration shall be added to the time allowed for completion, but it shall not biP-5e6ridd a waiver nor be used to defeat any right of the euJency to damagon for non-conpletion. os• delay hereunder. Pursuant to Government Code Sec. 421j, the Contractor shall not be asdeased liquidated damages for delay in completion of the work, �iltcat_such, delay was caul_r4.,by the failure of the Public Agency or the owner of a utilit 'ty o'`)irovide foe removal or `relocation of existing utility facilities. ' Fi.- Il+;•L•'i;1W1!hD WCU1-lEuTS. . ;:ltu,.p],aihs,:,uratriny�.stmt! specificatiohhs or special provisions oLife-P a lie-,Agency 's• call:"for'bid.';"and'Contractor-'a•=accc ted bid for this work are . hereby irib-d jioratec7:1d1Eo- r s•=conta+acE =rind' t)iej► are'"inter♦ a to co-operate, so that any- thing cu:Ubitod in the plans or dravinys and not rkiiLioned in tiro specifications or special proviaioiiu, or vice versa, is to be e::ecuted as if e::hibitau, .mentioned and?set fortis ill WL:t, to Ulu true intent anti r,k:aniny thereof tilnen taken all together; and differences of opinion concerning these sih.all t: finally c:cterminod by Public Agency's Agent specified in Sue. 1. 7. PAY1,161T. (a) Vor his�nd%W_ �lrx:rit of tituse promises and conditions, an a� s full compensation for all this ):, the til is Agency shall pay the Contractor the suit sixcific a in sec. 1, except that in unit price contracts tnu payment shall be for finished quantities at unit bit) prices. (b) Un or aLout the first uay. of•each calendar month the Contractor shall submit to tite Public +yc:hhcy a vurifiud applicatiun for paynent, supportud by a statement showing all materials actually installed during the prucedihhy h.whlt.t, the labor expended thereon, and the cost thereof; w:iereupon, after checking, the: Public Agency shall issue to Lontractur a certificate for the ah.,uunt de)terninud to be duu, minus 10;: thereof pursuant to uovcrnh.ic:ut Code Sec. 530(.7, but not unLil dufrctive wort: and materials have been rewtovuu, ruplaced and uLtue youu. L'. PAY11E11TS WITHHELD. (a) '.enj 1'ul-lic Agency or its atjunt may withhold any- payment, or ecause of later discovered uvit:ehtce nullify .all or any certificate for payment, to such extent and periud of time only as may be necessary to protect the Public Agency from loss bucauso of: (1) "ofective wort. not reh:,c:died, or ulicuh.q)luted w0rl., or (3) Clains Mud or reasunable eviLiencu inti-icatLiti prubazilo filiny, or (3) failure to properly pay subcontractors ur for z.iatur--al or labor, or (4) lwusonaLlu doubt Ltat the wort: cart bu for thL! ba la' n'6 tint:hn Whp)a14, or' (5) l:anage to another contractor, or (u) Uamaye to the Public Agency, other than damage du.: to delays. (b) ':lie 1'ul,lic iUJelic:y s:l.alp u*4- to di:;ec)vcir.ancl-rep.ort;t0 the Contractor, as tin: work. pruyreascs, U:u 1. 11;urials and la:.Ut which•ared root-satisf&ctcV.!`c� it, so as to avoid unnecessary trouble or cost to L::.: Co;ttractur in making good any defectiv.: wort: or parts. (c) 35 calendar days after the PuLlic Agency files its notice of cohepletion of the entire (Page 2 of 4) (CC-l; Hay. 12-73) work, it shall issue a certificate.'td the.-Contractor and pay_tne ..l,alance.of .the :.ontract ' price after deuuctirty all amounts withhold uriuer'this cont-ract, 'provided the Contractor shows teat all clains for laLor-and mat6kials have Leen paid', no claims:rsave Dean presusited to the Public: regency based on act:: or omissions of the Contractor, and no liens or withhold notice::; have been filen against the work or site, and provided there are not rcasonaule inuications of defective:•oi'mis::in4 work.'or df.-late-recordeci:.notices..of- liens or clams dgairiSt COntrictor. '). ILSLRANCL. (Lai,or Code Slt)bu-ul) un signin&:this-cont-ract, contractor must-give Public agancy (1) a certificate of consent to self-insure issued by the uirector of Industrial Relations, or (2) a certificate. of Workmc:nIs._Comrensatitin 'ins uranc.Q..issued by an adnittcd injurer, or (3) an exact copy*-or duplicate then:of:certified-by the Director or the insurer. Contractor is aware -of assd:complies-4ith Labor Code Sec. 3700 and-the slorknun's Compensation Law. lu. ilyi.u:;. un signing this contract Cotstractdr shall delivi:r'to Public Agency -for approval good and sufficient bonds with sureties, in anount•(s) specified in the specifi- cations or special provisions, guaranteeing. his faithful•performance of-this contract and his pa_vnoat for all labor and materials iiuruunder. 11. 1••,►ILLIU; TU PLIZ!•UMI. If the Contractor at any time. refuses•or, neglects, without fault T? the PuLlic ;Agency or it:; agent(a) , to supply sufficient mat.3rials or workiaen to coi.iisletc this agreement and wor): as provided hurcin, fora period.of__10 days or more after written notice thereof by the Public Agency,' tsse Public-Agency may-furnish same and deduct the rcasoi.aule expenses thereof fror.. t3se contract price. 12. LAMS APPLY. %;eneral. Both parties recognize the al,lilicabi'lity• of various- federal, state and octal laws anu reyulatioe especially Ulapter •1 of Part 7 of the- California Labor Code (beyirniny with Sec. 171u, and•Yiicluding Sacs.•1735, 1777.5•, & 1777.6: forbidding discrimination) and intend that this agrcuaent conp lies—the-rowi-th'.' The parties specifically stipulate that the rcluvant•'penalties-and 'for feitures'provitied,in the: Labor.Code,•especially in Secs. 1775 & 1813, concerning prevailintl wages and hours, shall apply to this agreement as t)iougli fully stipulated herein. •.= 13. Sli1;L01.';T,►C'.LVHS. -Governimint C6uu 6:,.4100-:113 art: incorVorated' herein. 14. JF%t:l; RIVALS. (a) I•urnuarst to Labor Coca: Sec. 1773, the governing body of the Public Agency nar, ascertdinua the gerneral'pre:vai-ling rates of wayus•per• diem, and. for holiday and overtime wor)., in the locality in wnicis titis work is. to be performed, for each craft, classification, or -type of worknan needed to executts this contract,'and-saiu rates are as specified in the call for bids for this-work and are on file with the Public Agency, and are nereby incorporated horein., (b) :his schedule of wages is based on a working day of 8 hours unless otherwise specifies:; ant: the daily rata in the hourly rate multipliae. by the number of. hours con- stituting the working day. When lvs.i than that number of'hours are worked,, the daily wage rate is proportionately reducau, uut t,te huurly'rattf romains as stateu. - (t:) i.te COULractor, anu all :iia sul.ruistractors, rtu:;t pay at least these rates to all pursuns on this work, including all travel, suusistussce, and fringe benefit payments proviuvu for b.: applicable collective bargainiuy agroonents. All skilled labor not listed abovt: must Lie kale at least t:tt: wage stale establis.sut. by collective bargaining agreement for suc;a labor in the locality waare such work is bei,,tj performed. If it becoutes neces- sary for tie: Contractor or any subcontractor to L-uploy any px:rzon in a craft, classifi- cation or typ u of work (except executive, supervisory, ach.tinistrative, clerical or other null-mattnal wt)rLura as Ssuci!) for term no rdnis-tuu wage rale is specified, the Contractor shall it&letii.Muly notify t:se i'u:+lic .cguney witic::t shall promptly determine: the prevailing waUe rate L.turufor and furnish the Contractor Nita t::e uinicia..i rate based thereon, which s:iall apply fro;.. t.ie tir:e of tite initial er.plo;mont of t:te person affected and during the continuance of duc.+ amplu t:estt. 15. iiut.US of L,113uU. liiyat hours of labor ir one calendar da;. constitutes a legal day's work, are: no worLi-ais enployed at any tis.:u on t:ti, wor:: by the Contractor or by any sub- contractor s:sall be retpuired or permitted to work longor thoreon except as provided in LaLor Code Secs. 1313-1:31 . U. Properly indentured apprentices may be employed on tssis work in accordastct: with LaLor Code Seca. 1777.E and 1777.63,, fora iddi:uf (Page 3 of d) (CC-1; Ray. 12-73) 17. YIUXI.Jd.;JCL' FOR "I MICIALS. The Public Agency desires to promote the industries and ucosnomy or Contra Costa County, anu tee Contractor therefore promises to use the products, worla..lni, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 16. ASSIGp:UMT. This agreement binds the: heirs, successors, assigns, and representatives of thu Contractor; but he cannot assign it in whole or in part, nor any.monies due or to bacwiu: due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties, .unless they have waived snotice of assignment. 17. NU t7AIVL'II BY PVULIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the war). or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, sIntll not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency.be thereby estopped froth bringing any action for damages or enforcement arising from the failure to cohply with any of tik terms and condition, horeof. 20. dULIL WiMLLSS a IJ:L'LI:::Z:Y. (a) Contractor promises to and shall hold harmless'and indewiify from the iabs ities as defined in this. section. (:,) The indumaitees benefited and protected by this promise are the Public Agency and its elective and appointive isoardr., commissions, officers, agents and employees. (c) The liaLilitius protected against arc any liability or claim for damage of any kine allegedly sut- e� rea, incurred or threatened because of actions defined below, including )xarsonal injury, death, property uamagu,. invorse condemnation, or any combination of these, regardless of w:acther or not.such liability, claim or damage was unforeseeable at any time sx:iore the Public Agency approved tic improvement plan or accepted the improvements as co.gUetud, and including the defense of any suit(s) or action(s) at law or equity concerning these. (u) The actions causing liability are any act or omission (negligent or non-negligen• in connection ZC=h ththethe matters covereu by this contract and attributable to the contractor, subcontractor(s) , or any officer(s), agent(s) or amIjIuyuu(s) of one or more of them: (o) :Jon-Cosuitions: ne promise and agreesacnt in this section is not conditioned or depanndent on w u:ther or not any Indennitee has prepdrUL., supplied, or approved any plan(s) , drawisul(s), spucification(s) or special provision(s) in connection with this work, has inaur.ance or otnor indewtification covering any of cause matters, or that the alleged damaaya rentiltod partly from any negligent or willful miuconduct of any Indemnitee. 11. L'::CM%WIuIJ. Contractor shall comply with t:u: provisions of Labor Code Sec. 6422, if app icaL u., :,y Su:-s-litting to PuLlic Agency a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be s:sade for worker protection from the hazard of cavinU ground during trosnch excavation. 0 (Page 4 of 4) (CC-1; 1ev. 1-1-73) HNITNATIONAL INKRANEE COMPANY 6300 WILSHIRE BOULEVARD LOS ANGELES, CALIFORNIA 90048 Telephone 651.5206 ALLIED AGENCIES 150—S-2-06081-12 CERTIFICATE OF INSURANCE CERTIFICATE HOLDER AND ADDRESS: NAMED INSURED AND ADDRESS: COUNTY OF CONTRA COSTA LAURENE ADAMS BUILDING PROJECTS DIVISION DBA: ADAMS INVESTMENTS PUBLIC WORKS DEPARTMENT 7765 CLAREMONT AVENUE COUNTY ADMINISTRATION BLDG., 6TH FLOOR BERKELEY, CALIFORNIA 94705 MARTINEZ, CALIFORNIA 94553 ATTENTION: TED SMITH THIS IS TO CERTIFY THAT ON THE DATE BELOW THE FOLLOWING DESCRIBED INSURANCE POLICIES, ISSUED BY THE COMPANY, ARE IN FULL FORCE AND EFFECT: Policy Effective Expiration Limits of Name of Coverage Number Data Date Liability Workmen's Compensation N 264251 6-23-74 6-23-75 Statutory Public Liability—Bodily Injury (Not Auto) $ ,000 each person $ 000 each occurrence Public Liability—Property Damage (Not Auto) $ ,000 each occurrence (Explosion, Collapse, Underground Hazards Not Covered Unless Otherwise Stated Herein) $ 000 aggregate Products—Bodily Injury $ ,000 each person $ 000 each occurrence $ ,000 aggregate Products—Property Damage $ ,000 each occurrence S ,000 aggregate Specific Contractual—Bodily Injury $ ,000 each person (Other Than Incidental Contracts As Defined In the Policy) $ 000 each occurrence Specific Contractual—Property Damage $ ,000 each occurrence (Other Than Incidental Contracts As Defined In The Policy) $ ,000 aggregate • $ 000 As Per Single Limit Endorsement DESCRIPTION OF PREMISES AND/OR OPERATIONS COVERED: "ALL OPERATIONS OF THE INSURED WHICH ARE COVERED UNDER THIS POLICY." The Company will endeavor to give ten (10) days' written notice to the above Named Certificate-holder should any of the above described policies be cancelled before the normal expiration date thereof, but failure to give such notice shall impose no obligation or liability of any kind upon the Company. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE AF- FORDED BY THE POLICIES INDICATED ON THIS CERTIFICATE UNDER POLICY NUMBER_ DATED AT SAN FRANCISCO — (CG) ZENI-TI'I NATI N , INSUR CE COIIA -Y This 27TH day of JULY 19 74 I r� -4 AUTHORIZED REPRESENTATIVE WC aa.%.lo.%t 5.73 ZENITNATIMAL INSURANIE COMPANY 6300 WILSHIRE BOULEVARD LOS ANGELES. CALIFORNIA 90048 Telephone 651.5206 ALLITD AGECILS .150-S--2-06081-12 CERTIFICATE OF INSURANCE CERTIFICATE HOLDER AND ADDRESS: NAMED INSURED AND ADDRESS: COUNTY OF CONTRA COSTA LAURE" ADAMS BUILDING PROr3ECTS DIVISION DBA: ADAMS INVBSTMFNTS PUBLIC WORKS DEPARTMENT 7765 CLARIINIONT AVJMM COUNTY ADMINISTRATION BLDG., 6TH FLOOR BBiZKB "o CALIFOR)6iIA 94705 MARTINEM, CALIFORNIA 94553 ATTENTION: TED SMITH THIS IS TO CERTIFY THAT ON THE DATE BELOW THE FOLLOWING DESCRIBED INSURANCE POLICIES, ISSUED BY THE COMPANY, ARE IN FULL FORCE AND EFFECT: Policy Effective Expiration Limits of Name of Coverage Number Date Date Liability Workmen's Compensation N 264251 6-23-74 6-23-75 Statutory Public Liability—Bodily Injury (Not Auto) ,400 each person S ,000 each Occurrence Public Liability—Property Damage (Not Auto) i $ ,000 each occurrence (Explosion, Collapse, Underground Hazards Not Covered Unless Otherwise Stated Herein) S ,000 aggregate Products—Bodily injury S 000 each person $ 000 each occurrence $ 000 aggregate Products—Property Damage y �— S ,000 each occurrence S ,000 aggregate Specific Contractual—Bodily Injury 1—� g ,004 each person (Other Than Incidental Contracts As Defined In the Policy) S ,000 each occurrence Specific Contractual—Property Damage S 000 each occurrence (Other Than Incidental Contracts As Defined In The Policy) $ .000 aggregate • S 000 As Per Single Limit Endorsement DESCRIPTION OF PREMISES AND/OR OPERATIONS COVERED: "ALL OPERATIONS OF TSS INSURED WHICH ARE COVMW UNDER TSIS POLICY." The Company will endeavor to give ten (10) days' written notice to the above Named Certificate-holder should any of the above described policies be cancelled before the normal expiration date thereof, but failure to give such notice shall impose no obligation or liability of any kind upon the Company. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AF- FORDED BY THE POLICIES INDICATED ON THIS CERTIFICATE UNDER POLICY NUMBER! r DATED AT SAN FRANCISCO — (CG) ZENITH NATIONAL-INSURANCE COMP This 17TH day of JULY 1974 } r ✓�� ~f f ' '�,, c 4 i AUTHORIZED REPRESENTATIVE ttlC 48.4•1011 5•:3 IT IS AGREED THE COUNTY OF CONTRA COSTA OR COUNTY OF CONTRA COUNTY FIRE PROTECTION DISTRICT ARE RECOGNIZED AS ADDITIONAL INSUREDS AS RESPECTS SUCH INSURANCE AS IS AFFORDED BY THIS POLICY. IT IS FURTHER AGREED THAT SUCH ADDITIONAL INSURED SHALL BE LIMITED SOLELY TO THE LIABILITY OF THE ADDITIONAL INSURED ARISING OUT THE OPERATIONS OF THE NAMED INSURED IN CONNECTION WITH WORK ORDER #5547. This endorsement forms a part of and is for attachment to the following described policy issued by the NORTHWESTERN NATIONAL INSURANCE GROUP company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, of the hour stated in said policy and expires concurrently with said policy. Complete Only When This Endorsement is Not Prepared with the Policy or Is Not to be Effective with the Policy POLICY NO. ISSUED TO EFFECTIVE DATE UXL 502936 ADAMS INVESTMENTS 6-23-74 ALLIED AGENCIES 99003 16-701 7_l O_7.1 Countersigned .LO `2 AOTMORt2ED AGENT NORTHASTERN NATIONAL INSPRANCE GROUP HOME OFFICE: 731 NORTH JACKSON STREET • MILWAUKEE, WISCONSIN 53202 (1) NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN (2) NORTHWESTERN NATIONAL CASUALTY COMPANY (3) UNIVERSAL REINSURANCE CORPORATION (4) OREGON AUTOMOBILE INSURANCE COMPANY CERTIFICATE OF INSURANCE This is to Certify, that policies in the name of [_LAViRE NCE ADAMS DBA NAMED ADAI,L.S IINESTAIENTS THIS CERTIFICATE OF INSURANCE NEITHER INSURED and 7765 C:LAREMONT AVENUE AFFIRMATIVELY NOR NEGATIVELY AMENDS, ADDRESS BERKELEY, CALII70RLVIA 94507 EXTENDS OR ALTERS THE COVERAGE AF- L FORDED BY ANY POLICY DESCRIBED HEREIN. are in force at the date hereof, subject to all of their provisions, terms and conditions, and have been issued by the company indicated, as follows: CO KIND OF POLICY POLICY LIMITS OF LIABILITY NO. INSURANCE NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE WORKMEN'S COMPENSATION Eff. Provided by Workmen's NIL AND Exp. Compensation Law—State of EMPLOYER'S LIABILITY S 000 Employer's Liability COMPREHENSIVE GENERAL Eff. 6-23-74 S 300,000 Each Occurrence S 100,000 Each Occurrence LIABILITY INCLUDING CLA 72-35-19 Exp. 6-23-75 S 300.000 Aggregate S 100,000 Aggregate 1. [Contractual Liability [Prod. and Comp. Operations a combined single limit of$ 000 Each Occurrence MANUFACTURER'S AND Eff. S ,000 Each Occurrence S ,000 Each Occurrence CONTRACTOR'S LIABILITY Exp. is 000 Aggregate a combined single limit of S 000 Each Occurrence OWNERS' LANDLORDS' Eff. S 000 Each Occurrence $ 000 Each Occurrence AND TENANTS' LIABILITY Exp. a combined single limit of S .000 Each Occurrence OWNERS' AND Eff. S ,000 Each Occurrence S 000 Each Occurrence CONTRACTORS' PROTECTIVE Exp. is ,000 Aggregate a combined single limit of S ,000 Each Occurrence AUTOMOBILE LIABILITY 1 ;Owned Automobiles CLA 72-35-19 Eff. 6-23-74 S000 Each person S 7.,00,000 Each Occurrence (,'Hired Automobiles Exp. 6-23-75 S QQ.,000 Each Occurrence on-Owned Automobiles a combined single limit of S 000 Each Occurrence COMPREHENSIVE AUTO- Eff. S 000 Each person S 000 Each Occurrence MOBILE LIABILITY Exp. S .000 Each Occurrence a combined single limit of S 000 Each Occurrence 1 OTHER: Eff. 6-23-74 UMBRELLA LIABILI UXL 50-29-36 Exp. 6-23-75 $1,000 ,000. SIV LE LIMITS Description, Location of Operations, Automobiles Covered or Remarks: In the event of any material change in, or cancellation of, said policies, the company will endeavor to give written notice to the party to whom this certificate is issued, but failure to give such notice shall impose no obligation nor liability upon the company. CERTIFICATE ISSUED TO: ATTN: TED SMITri Note: Co. No., refers to company designated at top of form. CONTRA COSTA COUNTY ALLIED AGE14CIES NAME BLDG.PROJECTS DIV. -7-1.7 _ C and PUBLIC: WORINS DENT. Dated ?3 ADDRESS COU14TY ADMIN BLDG. ,6T--;-! FLOOR 111LRTI_^IEZ, CALIFOIA AUTHORIZED REPRESENTATIVE 13 02 1 11-731 INSURED'S COPY IT IS AGREED THE COUNTY OF CONTRA COSTA OR COUNTY OF CONTRA COUNTY FIRE PROTECTION DISTRICT ARE RECOGNIZED AS ADDITIONAL INSUREDS AS RESPECTS SUCH INSURANCE AS IS AFFORDED BY THIS POLICY. IT IS FURTHER AGREED THAT SUCH ADDITIONAL INSURED SHALL BE LIMITED SOLELY TO THE LIABILITY OF THE ADDITIONAL INSURED ARISING OUT THE OPERATIONS OF THE NAMED INSURED IN CONNECTION WITH WORK ORDER #5547. This endorsement forms a port of and is for attachment to the following described policy issued by the NORTHWESTERN NATIONAL INSURANCE GROUP company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Complete Only When This Endorsement Is Not Prepared with the Policy or is Not to be Effective with the Policy POLICY NO. ISSUED TO LAWRENCE ADAMS DBA EF=ECTIYE DATE CIA 723519 ADAMS INVESTMENTS 6-23-74 ALLIED AGENCIES / 39003 16.701 Counte a by ✓si,/�.�(.+/, 7-18-74 CZ AUTHORIZED AGENT NORTHROSTERN NATIONAL INORANCE GROUP HOME OFFICE: 1-31 NORTH JACKSON STREET • MILWAUKEE, WISCONSIN 53202 (1) NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN (2) NORTHWESTERN NATIONAL CASUALTY COMPANY (3) UNIVERSAL REINSURANCE CORPORATION (4) OREGON AUTOMOBILE INSURANCE COMPANY CERTIFICATE OF INSURANCE This is to Certify, that policies in the name of NAMED FLAWRENCE ADAMS DBA INSURED ADAMS INVESTMENTS THIS CERTIFICATE OF INSURANCE NEITHER and 7765 CLAREMONT AVENUE AFFIRMATIVELY NOR NEGATIVELY AMENDS, ADDRESS BERKELEY, CALIFORNIA 94507 EXTENDS OR ALTERS THE COVERAGE AF- L FORDED BY ANY POLICY DESCRIBED HEREIN. are in force at the date hereof, subject to all of their provisions, terms and conditions, and have been issued by the company indicated, as follows: CO KIND OF POLICY POLICY LIMITS OF LIABILITY NO. INSURANCE NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE WORKMEN'S COMPENSATION Eff. Provided by Workmen's NIL AND Exp. Compensation Law—State of EMPLOYER'S LIABILITY S ,000 Employer's Liability COMPREHENSIVE GENERAL Eff. 6-23-74 5 300,000 Each Occurrence 5100 ,000 Each Occurrence LIABILITY INCLUDING CLA 72-35-19 Exp. 6-23-75 1300,000 Aggregate 5100 ,000 Aggregate 1 (Contractual Liability (Prod. and Comp. Operations a combined single limit of S 000 Each Occurrence MANUFACTURER'S AND Eff. 5 000 Each Occurrence S 000 Each Occurrence CONTRACTOR'S LIABILITY Exp. is 000 Aggregate a combined single limit of $ 000 Each Occurrence OWNERS' LANDLORDS' Eff. S ,000 Each Occurrence S 000 Each Occurrence AND TENANTS' LIABILITY Exp. a combined single limit of S 000 Each Occurrence OWNERS' AND Eff. S 000 Each Occurrence $ 000 Each Occurrence CONTRACTORS' PROTECTIVE Exp. is 000 Aggregate a combined single limit of S 000 Each Occurrence AUTOMOBILE LIABILITY 1 Owned Automobiles LA 72-35-19 Elf. 6-23-74 S QQQQ,000 Each person 5100 .000 Each Occurrence Hired Automobiles Exp. SUV ,000 Each Occurrence 6-23--75 Non-Owned Automobiles a combined single limit of S ,000 Each Occurrence COMPREHENSIVE AUTO- Eff. S 000 Each person S 000 Each Occurrence MOBILE LIABILITY Exp. S 000 Each Occurrence a combined single limit of$ 000 Each Occurrence 1 OTHER. Eff. 6-23-74 UMBRELLA LIABILIT UXL 50-29-36 t -'- 6-23-75 $1,000 ,000. SINGE LIMITS Description, Location of Operations, Automobiles Covered or Remarks: In the event of any material change in, or cancellation of, said policies, the company will endeavor to give written notice to the party to rtiorn this certificate is issued, but failure to give such notice shall impose no obligation nor liability upon the company. CERTIFICATE ISSUED TO: ATTN: TED SMITH Note: Co. No., refers to company designated at top of form. CONTRA COSTA COUNTYALLIF 7 oP AGE IES NAME BLDG.PROJECTS DIV. — 7 4 CZ and PUBLIC WORKS DEPT. Dated: /__ 'n ADDRESS COUNTY ADMIN.BLDG. ,6TH FLOOR MARTINEZ, CALIFORNIA AUTHORIZED REPRESENTATIVE 13021 41-73' ORIGINAL (8x'94232 The premimcba rged for this bond is $381. Dollars for the term thereof DIVISION C. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS: The Board of Supervisors of the County of Contra Costa, State of California By Resolution passed , 19_, has awarded LAWRENCE T. ADAMS to hereinafter designated as the "Principal", a Contract for constructing of the parking lot and service area, paving and lighting at the Fire College, Treat Blvd. , Concord, California and, WHEREAS, said Principal is required under the terms of said Contract and the Specifications therefor, to furnish a bond for the faithful performance of said Contract, NOW, THEREFORE, We, the principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Surety, are held and firmly bound unto the said County of Contra Costa, State of California, in the penal sum of THIRTY—EIGHT THOUSAND NINETY—TWO AND N0/100 Dollars ($38,092.00 )_ lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, ,jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the said County of Contra Costa, its officers, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. Rev. 12/72 -LO- PERFORMANCE BOND (Con't.) And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF one identical counterparts of this instrument, each..of which shall for all purposes be deemed an original thereof bavp been duly executed by t e rincipal and S�{r�jy above- named, on the Ib ll day of lu y l7/4 STATE OF CALIFORNIA l }ss: CITY AND COUNTY OF SAN FRANCISCO JJJ On this..__.._.._.._.......16th............._.r._.___.__._ —day of ___.__-._..July __ 19 ._74, before me .... ..............._.............................._LEE MOGLIA.._.__.._.....____..„.._�__...__�..____.,a Notary Public,in and for the City and County and State aforesaid,dulp commissioned and sworn,personally a ErbOn DelVenthal known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney-in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to me that he subscribed the name Of Fi elity and Deposit Company of Maryland thereto as Surety and his own name as Attar 4Pub i -Fact.OFFIC-t _.._..LEF tiiOtaU he State of iforni NOTARY PUBLIC-CAtlFpkn; rancisco 194497SAN FRANCISCO COUNIY My Comm.Expires May 7, 1976 Rev. 12/72 -11- PERFORMANCE BOND (Can't.) And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specification accompanying the same shall in any vise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF One 1 identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof v been duly executed by he ,Principal and S r ty above- named, on the ��tCl day of .JULY /4 (To be signed by ) (Principal and Surety) Lawrence !• AdUMbincipal (and acknowledgment ) (and Notarial Seal to) By (be attached. ) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety Erbon Delventhal Attorney- - act The above bond is accepted and approved Chia day of , 19 The above bond is accepted and approved this day N' of , 19 _. Rev. 12/72 -II- • 0 8794232 Premium included in Performance Bond DIVISION D. PAYMENT BOND (Labor and Material Bond) KNOW ALL MEN BY THESE PRESENTS. That WHEREAS, the Board of Supervisors, Contra Costa County, State of California by resolution passed , 19 , has awarded to LAWRENCE T. ADAMS designated as the "Principal," a contract for the work described as follows: Const. of the parking lot and service area, paving and . lighting at the Fire College, Treat Blvd. , Concord, Ca. WHEREAS, said principal is required by Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code to furnish a bond in connection with said contract: NOW THEREFORE, we, the Principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are held and firmly bound unto Contra Costa County in the penal sum of NINETEEN THOUSAND FORTY—SIX AND N0/100------------ ------------------------ Dollars ($ 199046.00 )� lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any person or persons named in Civil Code Section 3181 or fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor, then said Surety will pay for the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees, as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code. -12- Rev. 12172 This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claimp under Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration,or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby naive notice of any such change, extension of time; alteration or addition to the terms of the contract, or to the work, or to the specifications. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the 16th day of Jul v STATE OF CALIFORNIA ss: CITY AND COUNTY OF SAN FRANCISCO On this.__-------__-_• 16th --____ ..day of...r__ --July .�-----�..-.._..-..._..-..___._.19...74, before me _. - e;nE~w'° a Notary Public,in and for the City and County and State i j aforesaid,duly commissioned and sworn,personally appeared.........._...... ELbO[1 De1Ve[lthal known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney-in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to me that he subscribed the name of Fidelity and Deposit Company of Maryland thereto as Surety and his own name as Attorn -in-Fact. --��---- ----------------- OFFICIk SEAQ Notary Publ' in and for the State of C orn' , LEE MOGLIA j City and ounty of San Francisco 'o<` NOTARY PUBLIC-CALIFORNIA 19449SAN FRANCISCO COMP Mr Comm.Expims May 7, 1976 Rev. 12/72 -13- This bond shall inure to the benefit of any and all persona, companies, and corporations entitled to file claiar under Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension"of time, alteration or addition to " the terms of the contract, or to the work, or to the specifications. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the 16th day of July 74 19 LaVrence T. AMMSPrincLpal BY FIDELITY AND DEPOSIT COMPANY MARYLAND Surety 1� Erbon Delventh torney-in-Fact Rev. 12/72 -13- A.P. $34.00 IN CONSIDERATION OF THE ABOVE ADDITIONAL PREMIUM, IT IS AGREED THAT THE DESCRIPTION OF HAZARDS OF THE COMPREHENSIVE GENERAL LIABILITY INSURANCE COVERAGE PART 35111 IS AMENDED TO INCLUDE THE FOLLOWING ADDITIONAL LOCATIONS : CLASSIFICATION EXPOSURE RATES ANNUAL PREMIUM BI PD BI PD PRIVATE RESIDENCE- ADDITIONAL 65143 FOUR 8. .50 32. 2. 1. 10439 ROYAL OAK ROAD 2. 8953 SKYLINE BLVD. 3. 6940 BRISTOL DRIVE 4. 2197 TRAFALGAR PLACE This endorsement forms a part of and is for attachment to the following described policy issued by the NORTHWESTERN NATIONAL INSURANCE GROUP company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Complete Only When This Endorsement Is Not Prepared with the Policy or Is Not to be Effective with the Policy POLICY NO. ISSUED To EFFECTIVE DATE LA 723519 ADAMS INVESTMENTS 6-23-74 39003 (e-701 Countersigned by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ALLIED AGENCIES AUTHORIZED AGENT 7-17-74 CZ n7 • BINDER • Replaced by Policy No. Insurance is bound in the below named company as follows, subject to the conditions of this binder. Insuredl,a wren _ Adams D6A "Adams Investment—Gomnanv�„'and County of Contra Costa Consolidated Fire District Address 7765 Claremont Ave. , Berkeley- California Occupation Contractor 60 Period of Coverage: Not more than)Mdays from July 17, 19 74 12:00 NOON Standard Time at the address of the insured stated herein. Indicate below kind of insurance, limits of liability and other necessary information. PROPERTY COVERED KIND OF INSURANCE AMOUNT LOCATION OF PROPERTY AVERAGE CLAUSE % Light Standards Fire & 48,500. At Fire College 100% Paving __E"x_fe__nde_d coverage Ireat Blvd. , Shade Structure Concord, California MINIMUM BIND Forms and Endorsements: 78DNS MORTGAGEE . t NAME & ADDRESS INSURED MORTGAGEE 42 NAME & ADDRESS PREMIUM TO BE CALCULATED AT APPLICABLE RATES OF THE RATING BUREAU HAVING JURISDICTION OF WHICH THIS COMPANY IS A MEMBER OR SUBSCRIBER, SUBJECT TO ANY DEVIATION THEREFROM FILED WITH THE BUREAU BY THE COMPANY. It is agreed that in the event of loss under this binder, the adjustment shall be in accordance with the condi- tions of the policies used by this company in the State where the risk is located. Each and every risk insured by this binder is covered subject to the agreements, general conditions and special conditions of the policy used by this company in the writing of the kind of insurance applied for in the State where the risk is located. This binder shall be terminated (1) by delivering to the person, firm or corporation named in the binder as the "Insured", a duly executed policy or policies; (2) by cancellation by either the insured or the company in the manner provided in the policy used by this company in the State where the risk is located or in any legally re- quired endorsement attached thereto; in any event, the Binder shall terminate without notice on the expiration date shown above under PERIOD OF COVERAGE. If the risk is not accepted by the company, the insured shall pay a pro rata premium for the period this binder is in force. If the insured does not accept a policy replacing this binder, the insured shall pay a short rate premi- um for the period this binder is in force. Issued at San Francisco, California NORTHWESTERN NATIONAL INSURANCE COMPANY on Jul1.7 �� 19 74 OF MILWAUKEE, WISCONSIN ❑ NORTHWESTERN NATIONAL CASUALTY COMPANY A HORI ZED A NT 12116 ALLIED AGEN ES G OAKLAND, CALIFORNIA nJ9 • . . BINDER • Replaced by U11674 Policy No. Insurance is bound in the below named company as follows, subject to the conditions of this binder. Insureat►rpnrp Adams DRA "Adams lyE-qtmpnt_Company" aAd_.CDunty--af__C9ntra_Costa_ Consul i dated Fire District Address 7765 Claremont Ave. , Berkeley, California Occupation Contractor _ 60 Period of Coverage: Not more thon)Mdays from _ July 17, 19____T4_ 12:00 NOON Standard Time at the address of the insured stated herein. Indicate below kind of insurance, limits of liability and other necessary information. PROPERTY COVERED KIND OF INSURANCE AMOUNT LOCATION OF PROPERTY AVERAGE CLAUSE % Light Standards Fire & 48,500. At Fire College 100% aving Mended a overage freat Blvd. , Shade Structure Concord, California MINIMUM BINDER Forms and Endorsements: 78DNS MORTGAGEE R1 NAME a ADDRESS f INSURED MORTGAGEE * 2 NAME S ADDRESS PREMIUM TO BE CALCULATED AT APPLICABLE RATES OF THE RATING BUREAU HAVING JURISDICTION OF WHICH THIS COMPANY IS A MEMBER OR SUBSCRIBER, SUBJECT TO ANY DEVIATION THEREFROM FILED WITH THE BUREAU BY THE COMPANY. It is agreed that in the event of loss under this binder, the adjustment shall be in accordance with the condi- tions of the policies used by this company in the State where the risk is located. Each and every risk insured by this binder is covered subject to the agreements, general conditions and special conditions of the policy used by this company in the writing of the kind of insurance applied for in the State where the risk is located. This binder shall be terminated (1) by delivering to the person, firm or corporation named in 'the binder as the "Insured", a duly executed policy or policies; (2) by cancellation by either the insured or the company in the manner provided in the policy used by this company in the State where the risk is located or in any legally re- quired endorsement attached thereto; in any event, the Binder shall terminate without notice on the expiration date shown above under PERIOD OF COVERAGE. If the risk is not accepted by the company, the insured shall pay a pro roto premium for the period this binder is in force. If the insured does not accept a policy replacing this binder, the insured shall pay a short rate premi- um for the period this binder is in force. Issued at San Francisco, California NORTHWESTERN NATIONAL INSURANCE COMPANY July 17 19 74 OF MILWAUKEE, WISCONSIN on _ ❑!lam NORTHWESTERN NATIONAL CASUALTY COMPANY �� AUTHORIZED GENT ' 12114 ALLIED AGENCIES OAKLAND, CALIFORNIA nJ9 (Bidder) DIVISIO`I E. PI.OPOSAL (!',id Form) BIDS WILL BE RECEIVED UNTIL the sixteenth (16t-h)-day of Julys 197/ at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, .Administration Buildin-, Martinez, California, 94553. (A) TO THE IiONOMBLE BOARD 'OF SUPERVISORS OF CONTRak COSTA COUNTY Gentlemen: The undersi-,ned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for Contract I - Fire Collesse Site Improvements, Treat Eoulevard. Concord, UA. in strict conormity with the Plans, Speci4fications, and other contract documents on file at the C,:fice of the Clerk of the Board of Supervisors, First Floor. ldr..inistrntioz 94553 for the following sums; namely: BASE BID: Shall include all of the work for the construction.and completion of all facilities therein, but not including any of the work in the following Alternates: For the sum of: F (A-Z Dollars ($ �..• ) FI LED JUL c. 1974 J. R. OLSSON CL'u2K BOARD OF SUPERVISORS CONR.t OStA O. e,.� DIVISION E. PROPOSAL (rid Form) (con't.) UNIT PRICES: (To be complete in place including all Labor and Materials, equipment, profit, and overhead) 1. For adding or deducting from the contract on a unit price basis, asphalt paving as detailed per square foot, the sum of: • CiAA-LjDollars ($ • 5 } (B) It is understood that this bid is based upon completion of the work within sixty (60) calendar days from and after the date of commencement. t (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then, he shall be liable to the County of Contra Costa in the amount of Fifty Dollars ($ 50.00 } per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and not as a penalty, it being agreed and expressly stipulated that it would.be impractical and difficult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. (E) The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. 1 i i • -15- - t i } DIVISION E. PROPOSAL. (Aid Form) Cont. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any- person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. ❑ Cash - 1 Bidders Bond ❑ Cashiers Check ❑ Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Addendum n dated Addendum :k dated ' Addendum n dated By A�J�atL.A4D ire Q V& t5 a r Address 41CI-1 5 Phone Licensed in accordance with an act providing for the reg stration of Con- tractors, Classification and License No. (3_2 Cl [ (P Dated this 15 day of Rev. 12/72 -16- DIVISION E. PROPOSAL (Bid FornSon't. • LIST OF SUPCO :TP2 TORS: (As required by SECTION 12 - "SUBCONTMCIORIS TO BE LISTED IN BID - SUBSTITUTION OF SUB00,171'.�'.CTO S", paragraphs (A), (B), and (C), of Instruction to Bi.'ders) . Portion of Work Name Place of Business Uma d DA.�wo Rev. 12/72 -17- s. • 0 The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, along with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRRECUTATZTROPOSA LS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GEINEI Al, CO`MNCTOt S 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? -Yes ( ) No ( X ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you.have any source of subcontractors' bids other than bid depositories? Yes ( ) No ( X ) 4. Has any person or group threatened.you with subcontractor boycotts..* union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( X j 5. If the answer to No. 4 is "yes", please explain the following details: -------------------- (a) Date: (b) Name of person or group: (c) Job involved (if applicable) : (d) Nature of the threats: (e) Additional conments: (Use additional paper if necessary) Rev. 12/72 -18- -ion 00C A STOCK COMPANY — ESTABLISHED 1890 HOME OFFICE OF MARYLAND BALTIMORE 11 1 D BOND IiNOW :ILL ME-N BY "THESE PRESENTS: I LAWRENCE T. ADAMS Thatwe............ --................................... ...... ... ........................................ ..........----------------------------------------------------•.--- -.-.........---.........._........................-•---•-•-•-•---------•-•.......... ......................................... 1 ......................•-•---...............__......................................-. as Principal, (hereinafter called the "Principal"), and the 1'IMLITY AND DI-POSIT ('0MI'ANY OF MARYLAND, of Baltimore, INfaryland, a corporation duly organized under the laws of the State of iUaryland,as Surety, (hereinafter called the"Surety"), are held and firmly bound unto............................_------.....-..COUNTY...OF. CONTRA.--COSTA -------•---•...............•....._._..........._..................... . ........ ---------•---•--.._....._._..---•----•--•---•-•--- ......-•----••---•---•••---------• ............. as Igee, (hereinafter called the "Obligee"), TEN PERCENT (1Q%) OF THE AMbUN ---------------------- inthe still of....... . .. ................... ............................ ....-..-.................................Dollars ....................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted :I bid for-_.Fire College, Walnut Creek,CA ............ : paving parking lot, putting in curbs erecting lights .........................................................-•-•-•-•-•- _.._...-•------•--•...........................•-----...._..._..._._._I...-------............._.................................--•---•-•-•.......-•------•.._...---...........-•-•--••......... ---------- ------------•--•--------.....-..........----...--------- . .................... .......----......................... .......................................... ; ..............................................•--•---••--- NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into I contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not*to exceed the penalty hereof between the amount specified in said bid and such lareer amount for which the Obliuee mai•in good faith contract with another party to perform the work STATE OF CALIFORNIA ss: CITY AND COUNTY OF SAN FRANCISCO On this ......................16tH......_ day of. July....................._...._.............. -....19 -74 before me LEE MOGLIA ,a Notary Public,in and for the City and County and State Erbon Delventhal aforesaid,duly commissioned and sworn,personally appeared................................_-._.-_.-_.---.._.................._....___...__.._..�._..__.._ known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney-in-Fact of the Fidelity and Deposit Company of Maryland,and acknowledged to me that he subscribed the name of Fidelity and Deposit Company of Maryland thereto as Surety and his own name as Attorney-in-Fact. II w� ,v..-e eeeeeeeeeseeee,.assea. . ; ... .... .... .. ........; Notary P lic in and for the State Califor i City a County of San Francisco San FAdablu 010";i A STOCK COMPANY — ESTABLISHED 1890 F6d WI& Olt HOME OFFICE OF MARYLAND BALTIMORE �•� BID BOND KNONV ALL MEIN BYTHESE PRESENTS: LAWRENCE T. ADAMS Thatwe.................. . -------•---•-- ............................................. ................................... -------------................................................-.-•-----........ ........................................................................ .___........................................................................................_. as Principal, (hereinafter called the "Principal"), and tite FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland,as Surety, (hereinafter called the"Surety"),are held and firmly bound unto--------------------------------------------COUNTY...OF CONTRA COSTA ......................-----•---•------••. ----••......-----....------------- ................ --------••--------•- •-----•----...------•-------.........._..---•----•---.....---•-----••-•-•--•-- ---•--------------------------------------............. —as ........... pp ,gee, (hereinafter called the "Obligee"), TEN PERCENT (ZO%� OF THE AMbiJNBI� ---------------------- inthe sum of.......----•....... .............. ............... ....... ..................................... ----.......------........Dollars ($............................ for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. XVI-iERE:\S, the Principal has submitted a bid for...Fire College, Walnut............................reek,CA ...... paving parking lot, putting in curbs erecting lights ' --------------•---------------....---- ----••----•--•----•--.........------•••--••-•----••----•-...........-----••-••-••----------.....--•-••--••-..............--•--•......------•-•-----•------- ....._..-•-....... ----•---•----•--•--•------------------...................................-••--••--•----......•-----............•-•---•-----........---•------•-----------------'----••-- .................................................. ..............•---------•--... ....................................................................................... ------•-------------- --------------------------------------- ............................ ----------------•-••--....----•-----••---•••---•-----•---•-.._..-•---••----•--•-•--•-----•---•--•-•-. NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into I contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payntent of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not'to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Sighed and sealed this.--------------------•---.16th.-----........------..day of..........---.July..... ----•-••• A 19.74.... . ..................................(SEAL awrence ) i Principal ......---.............................................................................. If fitness O !.L ----•-•-----....--•.............................•----.............• ---........_..--•-- Title FIDELITY AND DEPOSIT COIIPANY OF MARYLAN Stored .....................•--------------------------------------�:----------•--•---....-------•- By-E rbnrr--De•1-vecrttial---------•-- ............ (SEAL) Ef itnessACT Tttle AT,Ott;,�, 1,i-; '325d—80\f.1-73 192027 pproved by The American Institute of Architects, .I.A. Document No.A-310 February 1970 Edition. . o EUGENE G.CES CONSTRUCTION CO.. IM, (Bidder) DIVISION E. PROPOSAL (Bid Form BIDS WILL BE RECEIVED UNTIL the sixteenth (N-6th) day of July, 1974 at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez- California, 94553. (A) TO THE HONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for Contract I - Fire College Site Improvements, Treat Boulevard, Concord, CA. in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, Administration Building, Martinez, CA. 94553 for the following sums; namely: BASE BID• Shall include all of the work for the construction and completion of all facilities therein, but not including any of the work in the following Alternates: i For the sum of: FORTY NINE THOUSAND SIX HUNDRED DOLLARS Dollars Q 49,600.00 ) FILED JUL /( 1974 J. R. OLSSON CLERY BOARD 0.= SUPERVISORS _ B CCyji �O f C ,De puty -14- DIVISION E. PROPOSAL (Bid Form) (coni.) UNIT PRICES: (To be complete in place including all Labor and Materials, equipment, profit, and overhead) 1. For adding or deducting from the contract on a unit price basis, asphalt paving as detailed per square foot, the sum of: SIXTY CENTS Dollars ($ 0.60 ) (B) It is understood that this bid is based upon completion of the work within sixty (60) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then, he shall be liable to the County of Contra Costa in the amount of Fifty Dollars ($ 50.00 ) per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and ,not as a penalty, it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local t conditions at the place where the work is to be done. I (E) The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. • -15- DIVISION E. PROPOSAL (Bid Form) Cont. (F) The undersigned hereby certifies that this bid is genuine- and not sham or collusive, or made in the interest of in behalf of any person not herein named, and that the unZ:.rsigned has not directly or indirectly- induced or solicited any other bidder to put in a sham bid, or any oth-r person, firm or corporation to refrain from budding, -and that the undersigned has :=ot in any manner sought by collusion to secur- for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. ❑ Cash L1 Bidders Bond- ❑ Cashiers Check ❑ Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: A.idendum u dated Lddendum # dated Addendum dated EUGENE G. ALVES CONSTRUCTION 00., INC. B (144-k J2/) 1',_P,_/2, Eugene . Alves President P. 0. BOX 950 PITTSB-MG, CALIFORNIA 94565 Address Phone 415-458-1626 Licensed in accordance with an act providing for the registration- of Con- tractors, Classification and License No. X4515 Dated this 16th day of JULY Rev. 12/72 -16- DIVISION E. PROPOSAL (Bid Form) Cont. LIST OF SURCMTRAACTORS: (As required by SECTION 12 - "SUBCONTRACTORS TO BE LISTED IN BID - SUBSTITUTIOi1 OF SUBCONTIRMTORS", paragraphs (A) , (B) , and (C) , of Instruction to Birders) . Portion of Work Name ` place of Business Concrete Bill Maher & Sons Inc Vall Striping Riley'S striping Service . Concord, Ca. Electrical Alhambra Electric Co. Martinez, Ga. Rev. 12/72 -17- The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, along wit'i the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRRECUI::P. P^OPOSALS. Inclusion of this questionnaire is at the request of the S::ate Attorney General. QUESTIONNAIRE TO CE`IERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yea ( ) No ( x ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( x ) No ( ) 4. Has any-person or group threatened you with subcontractor boycotts, union -boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( x ) S. .�f the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or -roup: (c) Job involved (if applicable) : (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) THIS FORM NO LONER HAS ANY PRCTICAL USE SINCE THERE ARE NO BID DEPOSITORIES IN CONTRA COST COUNTY. Rev. 12/72 -18- Bond No. Commercial Union Assurance Companies �I BID BOND The American Institute of Architects, A.I.A. Document No. A-310 February, 1970 Edition KNOW ALL MEN BY THESE PRESENTS, r That we, EUGENE G. ALVES CONSTRUCTION COMPANY i � as Principal, hereinafter called the Principal, and ri COMMERCIAL UNION INSURANCE COMPANY a corporation duly organized under the laws of the State of Massachusetts, with its Home Office in the City of ISI Boston, in the said State, as Surety, hereinafter called the Surety, are held and firmly bound unto COUNTY OF CONTRA COSTA _ � i as Obligee, hereinafter called the Obligee, 10%-- I� in the sum of TFN vi:u CENT (10%) OF THE AMOUNT BID-------- Dollars ($ '---- ------ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our �r heirs,executors, administrators, successors and assigns, jointly and severally, firmly by these presents. �t WHEREAS, the Principal has submitted a bid for CONTRACT I - FIRE COLLEGE SITE q IPIPROVEMENTS TREAT BLVD. , CONCORD, CALIFORNIA NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a NOTARIAL ACKNOfiLEDGMENT STATE OF California CITY BOUNTY OF $,Ahi F1M=SCD ss. On this 161M day .___JULY , in the year one thousand nine hundred and =74 before me, 31U_GAJL a Notary Public in and for said County and State, personally appeared --D.C.-;6LiiC8--------------- known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the COMMERCIAL UNION INSURANCE COMPANY and acknowledged to me that he subscribed the name of the COMMERCIAL UNION INSURANCE COMPANY thereto as surety, and his own name as Attorney-in-fact. errmra�rtnnamm�mnmm�uuannttnnnu■ OFFICIAL SEAL KATHY CARSON Notary Public in and for said ounty and State •-°'�'t NOTARY PUBLIC-CALIFORNIA Commission expires: >: City and County of SAN FRANCISCO My Cam mission Expires April 1.1978 JOuuununnnuuuu uua�u uuuuu c....:....... C60815-Calif. 1-73 _�--- 1 �. Bond No. Commercial Union Assurance Companies I� P I j , SAI + l BID BOND �I ii The American Institute of Architects, A.I.A. Document No. A-310 February, 1970 Edition � I � i KNOW ALL MEN BY THESE PRESENTS, EUGENE G. ALVES CONSTRUCTION COMPANY That we, l I as Principal, hereinafter called the Principal, and IK COMMERCIAL UNION INSURANCE COMPANY a corporation duly organized under the laws of the State of Massachusetts, with its Home Office in the City of I Boston,in the said State, as Surety, hereinafter called the Surety, are held and firmly bound unto COUNTY OF CONTRA COSTA i R as Obligee, hereinafter called the Obligee, in the sum of TF.N PRR CENT (10%,) OF THE AMOUNT BID-------- Dollars ($ '"'"-1��--------- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs executors administrators successors and assigns, jointly and several) firm) b these resents. � � 9 . I Y Y. Y Y P WHEREAS,the Principal has submitted a bid for CONT%ICT I - FIRE COLLEGE SITE IMPROVEMENTS TREAT BLVD. , CONCORD, CALIFORNIA lY Y� NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a ' Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be speci- fied in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Con- tract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contractond give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this 1 obligation shall be null and void, otherwise to remain in full force and effect. Si nedand sealed this 16th do of JULY A.D. 19__L4. 9 Y i ET E G. ALVES CONSTRUCTION COMPANY (SEAL) � Pr' ci I) (Witness) Eugene gl�g (TitleT Iraident +� 00MME CIAL UNION INSURANCE COMPANY / I (Surety) By (Witness) D.C. NANCE Attorney in act i - G 60510-1 9-70 TOCK C MAAN`/ GOWER OF ATTORNEY• KNOW Al.f. MEN BY TIMSE PRESENTS, that the COMMERC:LAI. UNION INSURANCE COMPANY, a corporation duly organized and existing under the laws of the Comrnorstealth of Mas%achu%rtts, and having its principal office in the City of Boston, Mass., hath made, constituted and appointed, and docs by these presents stake and constitute and appoint WILLIS LUDEMANN, L. J. VINES, MICHAEL R. STEWART, D. C. NANCE, KAREN E. HARRIS, ARTHUR WATERSON, JR. and KATHY GARSON all of San Francisco, California and each of them its tnte and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, scaled with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attorney-in-Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the COM- MERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July, 1972: Res,4%rd, That the President, or any Vice-President. or any Assistant Vice President, may execute for and in behalf of the company any :and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the .ante to be attested when necessary and the seal of the company affixed thereto by the Secretary, or any Assistant Secre- tary; and that the President, ur any Vice President,or Assistant rice President, may appoint and authorize an Attorney-in-Fact to exrcute un behalf of till- company any and all such instruments and to affix the seat of the company thereto; and that the President, or any Vicc-President, or any Assistant Vice-President, may at any time remove any such Attorney-in-Fact and re- voke all power and ;authority given to any such Attorney-in-Fact. Resolved: That Attorneys-in-Fact may lie given full poser and authority to execute for and in the name and on behalf of the company any arid all bunds, recognizances, contracts of indemnity, and all olhrr wrilings obligatory in the nature thereof, and any such instrument exocuted by any such Attorney-in-Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attorneys-in-Fact are hereby authorized to verify any affidavit rryuired a, be attached to bonds, recugnizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized arid empowered to certify to a copy of any of the by-laws of the company as well as any resolution of the Directors having to du with the execution of bunds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the of iecrs of the company or of Attorneys-in-Fact. This power of att4wnuy is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July, 1972: "Resolved: That the signature of the President, or any Vice-President, or any Assistant Vice President, and the signa- ture of :hv Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney :,rto any certificate relating thereto appointing Attorneys-in-Fact for purposes only of executing and attesting any bond, un- dcrtaking, rec,,goizancc or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and tilt, original seal of the company, to be valid and binding upon'the company with the same force and effect is though manually affixed." IN WITNESS WHEREOF, the COMMERCIAL. UNION INSURANCE COMPANY, has caused these presents to be signed by its Vice-President and its corporate seal to be hereto affixed, by its Secretary this 29th day of November 19 73 7 COMMERCIAL. UNION INSURANCE COMPANY X07,Awa ' Allcst: W �� By Secretary Vice-President COMMONWEALTH OF MASSACHUSE77S COUNTY OF SUFFOLK SS. On this 29th day of November 19 73, before me personally came John G. Thompson, Vice-President, and William D. Bogar, Secretary of the COMMERCIAL UNION INSURANCE COMPANY to me personally known to be the individuals and offi- cers described in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally mid ca,h for himself deposeth and sayeth, that they arc the said officers of til,• Company aforesaid, and that the seal affixrd to tilt, prct vding instrunwrit is the corporate seal of said Company and that the said corporate real arid their signatures as such officers were duly .affixed and sobs,ribrd to tilt- said instrontent by the authority :and direction of the said Company.�OA/.�wrar (My Comrnuswn aspire;junta 5, 151.51 '..+ire •es : CERTIFICATE I, the undersigned, Assistant Secretary of the COMMERCIAI. UNION INSURANCE COMPANY, a Massachusetts Corporation, do hereby certify that the furcgoing power of attorney is its full force and has not bccn re-:oked; and furthermore, that The Resolutions of the Baand of Directors set forth in tilt- power of attorney are now in force. Signed and sealed at the City of Boston. Dated this 16th day of July 19 74 Assistant Secretary f'e1M9 • Property Plearation & Development Co. (Bidder) r DIVISIGN E. PROPOSAI. (rid Form) BIDS WILL BE RECEIVED UNTIL the sixteenth_ (16th) day of July, 1974 at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez, California, 9 :553. (A) TO THE HONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for Contract I - Fire College Site Improvements. Treat Boulevard, Concord, M. in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, Administration Building, iIartinez, C.A. 94553 for the following sums; namely: BASE BID: Shall include all of the work for the construction and coc-Ietion of all facilities therein, but not including any of the work .-. the following Alternates: For the sum of: Fifty Four Thousand Eight fbndred Dollars ($s y Ann.nn ) E LED UL 1G .1974 0A,2D or sun'gVI$O+Rs COM -14- DIVISION E. PROPOSAL (Bid Form) (con't.) UNIT PRICES: (To be complete in place including all Labor and Materials, equipment, profit, and overhead) 1. For adding or deducting from the contract on a unit price basis, asphalt paving as detailed per square foot, the sum of: Fiftv Cents 3w s ($ 0.50 ) (B) It is understood that this bid is based upon completion of the work within sixty (60) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then, he shall be liable to the County of Contra- Costa in the amount of Fiftv Dollars ($ 50.00 ) per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and .not as a penalty, it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. i (E) The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. i • -I5- man woos■ r it DZJISIM E. PROPOSAL (B;d Fora) Con3t. (F) T1,e undersigned hereby certifies that this bid is genuine and not sham or collusive, or amde in the interest or in behalf of any person not herein namad, and that she undersigned has not directly or indirectly induced or solicite' any other bidder to ;-tit in a sham bid, or any other person, fire or corporation to refrain from budding, .and that the undersigned fins .:-.ot in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. , (11) Attached is bid security as required in the Notice to Contractors. ❑ Cash Bidders Bond- ❑ Cashiers Check ❑ Certified Check (1) The following addenda are hereby acknowledged as being included in the Addendum k None dated Addendum dated Addendum dated Prnnarf o Develoryment Co. By rrarshcl.l De Bisschop, Vice President 2280 Diamond Blvd Conccrd, California 94520 Address Phone (415) 687-9600 Licensed in accordance with an Act providing for the registration of Cott- tractors, Classification and License 1:o, A-272 832 Dated this Sixteenth day of Ii___ ., .. ,l ,-r1) _16- • DIVISIO.N E. PROPOSAL Rid Fora Cont. LIST OF SUBCONTRACTORS: (As required by SECTION 12 - "SUrCO:.TMC7-O S TO BE LISTED IN BID - SUBSTITUTIOd OE SUBCONTRACTORS", paragraphs (A), (B), and. (C), of Instruction to Bidders) . Portion of Sdork Name Place of Business Electrical Anderson ec tri r rn 9---in ea 1 i f Striping Rileys Striping Service Concord. Calif. f • Rev. 12/72 -17- 0 The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, along x:ith the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTIO:•I TO BIDDERS, Section 10 (Pare 7) IRREGULt':: Pi OPOSA S. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTION:;AIRE TO GEIIERAL CMITPACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to co-mpute your bid? Yea ( ) No ( X ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( X ) No ( ) k. Has any person or group threatened you witn subcontractor boycotts, - union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or core bid depositories? Yes k } No ( X ) 5. If the answer to No. 4 is "yes", please explain the follow_ tg details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable) : (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -18- • s INDUSTRIAL INDEMNITY COMPANY HOME OFFICE 255 California Street PROPOSAL OR San Francisco, California 94120 BID BOND Bond No. Premium$ SNOW ALL MEN BY THESE PRESENTS: That PROPERTY PREPARATION AND DEVELOPMENT COMPANY 2280 Diamond Blvd. , Suite 450 Concord, California 94520 (hereinafter called the Principal) as Principal, and INDUSTRIAL INDEMNITY COMPANY it corporation created and existing under the laws of the State of California with its principal office at San Francisco, California , (hereinafter called the Surety), as Surety,are held and firmly bound unto BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA (hereinafter called the Obligee),in the full and just sum of TEN PERCENT (10X) OF THE AMOUNT BID- - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($- - - - - - - ), good and lawful money of the United States of America,to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. Whereas, the Principal herein is submitting a proposal for Contract I - Fire College Site Improvements (Contra County Fire Protection District), Treat Boulevard, Concord, California Now, Therefore, if the bid or proposal of said Principal shall be accepted, and the contract for such work be awarded to the Principal thereupon by the said Obligee, and said Principal shall enter into a contract for the completion of said work and furnish bonds as required by law, then this obli- gation shall be null and void,otherwise to remain in full force and effect. Signed,sealed and dated this i r r1, day of Julv 19 74 State of California ) On July 16, 1974 ,before me,the undersigned, City and }ss. a Notary Public of said county and state, personally appeared County of SanFrancisco ) Marie T. Dianda , known to me to be the Attorney-in-Fact of INDUSTRIAL INDEMNITY COMPANY , the Corporation that executed the within instrument,and known to me to be the person who executed the said instrument on lilt ulIII III IfIIII fill lill►nnuuutntttttlutllttllUl behalf of the Corporation therein named,and acknowledged to _ EDITH E. RUaINEK - me that such Corporation cxecuted the same. NOTARY PUBLIC•CALIFORNIA y' CITY AND COl1N7Y OF ' - ' SAN FRANCISCO C R!Y COMMISSION EXPIRES SEPT. 21, 1977 4L6e���NOTA�RY �LIC itlilllllltilll111lIIIIIt1tiNllUllilitlilltllllllUIIIIIfU 1YO60 R4(9/72) INDUSTRIAL INDEMNITY COMPANY HOME OFFICE 255 California Street PROPOSAL OR San Francisco, California 94120 BID BOND Bond No. Premium$ KNOW ALL MEN BY THESE PRESENTS: That PROPERTY PREPARATION AND DEVELOPMENT COMPANY 2280 Diamond Blvd. , Suite 450 Concord, California 94520 (hereinafter called the Principal) as Principal, and INDUSTRIAL INDEMNITY COMPANY a corporation created and existing under the laws of the State of California with its principal office at San Francisco, California , (hereinafter called the Surety), as Surety,are held and firmly bound unto BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA (hereinafter called the Obligee), in the full and just sum of TEN PERCENT (10%) OF THE AMOUNT BID- - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($- - - - - - - ) good and lawful money of the United States of America,to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. Whereas, the Principal herein is submitting a proposal for Contract I - Fire College Site Improvements (Contra County Fire Protection District), Treat Boulevard, Concord, California Now, Therefore, if the bid or proposal of said Principal shall be accepted, and the contract for such work be awarded to the Principal thereupon by the said Obligee, and said Principal shall enter into a contract for the completion of said work and furnish bonds as required by law, then this obli- gation shall be null and void,otherwise to remain in full force and effect. Signed,sealed and dated this 16th day of July + 19 74 PROPERTY PREPARATION AND DEVELOPMENT COMPANY E rC E Q V EB . y Y1.1 ® agA J U L 151974 Marshall D iVinpPresidmit Principal The Duffel Companies INDUSTRIAL INDEMNITY COMPANY By ' ` Mari T. Dianda, Attorney-in-fact 1 YO04 R1 (9/72) - PROOF OF PUBLICATION (2010, 2015 .5 CCP) NOTICE TO CONTRACTOR (Type of Notice) CONTRACT 1 - FIRE COLLEGE SITE IMPROVEMENTS, CONCORD (Title of Matter) of CoMra Coita CowNy�tfbf CW& tx'�sirfS M b;�for fhe.furnfshi�►p oL,oltglabor��!*ef.r3abri,;�.�!FPewN++��f (Action Number) f rov. .iroa�a.tL up rrh TFa esfirtwted conafrvction contrail"cost (ioee, STATE OF CALIFORNIA C,, ) isto be n 4r Y' Lif �i►s on f ile'afff OHiai ofd ':d•r�c "Ssuo*"'visor"-f Boor 103 C�a^tY` (eirh COUNTY OF CONTRA COSTA ) #Martinez, CoUfanio ro % S�sfe z The drowinps and sp�clfkafions may,be exam&w F offin.of the Clerk of the bard of sors or." I am a citizen of the UnitedYvofksr'b.portrn.nf' �k4flOOr 4 �!rrt+tr' A � States a resident of the Count <PublicWcto:Do S.w!,cofionsmwb.Ip�c1 Y �Public work.;D.pwt�nf FloorrCou�t�,r �, aforesaid , and am over the age building, "upon ,payment of two ddlars t3�!foo 5 of 18 ears and not a art to per sit.;(Includes 6'h% sales':tox) = tif Y party Ebchbid'sW1610m de on c bid formrto-bsr*a of at '-` or interested in the abovePubUmwbrk#;o.poirrnnt btFloori Coygty + ' matter. I am the principal ipa l Ruildiny: and must,be«componled by;o clerk of THE ROSSMOOR NEWS, a :fhecfc or checks,or bid bond in the amountof dirt P 0 0%)of the baso bid amount,mad•po'y"o to the order of newspaper of general circula- •• • tion, published on Thursday of ttid'propo:xi",s s6611,6isiibmift on.crbefor. each week in the Cit of Walnut 1974 of 1T:00'dA 6o dr4WSi"op.r"»d{tnpublic%�r�r 'n Creek State Of California, and kdue in the'Board oVSu"pervisorsChambers-'Room ttr1 /►4n9ntstraiar.� )di-%4 Mortif!•zi� which newspaper has been Califof•foga,;d .r:;regdfaed recordld , decreed a newspaper of general Y guarantee that:the bidder "will en rrMd aw.C3kf(Feelr3iR circulation by the Superior a,n,aril.dth work?widwiflbefofeitea-byth:;bidder-and Court in and for the County of r.fai^•c} bY' !•�CO"R ( ifF�I�i''{}ucorayfuMbiddK " Contra Costa State of a9 ,pr! orinto so C ails toorfyidoiitroctorto � . nec�ssMy bondrafficbl,np'riqu•at.d to do sab iaord i California, o n March 22, 1971, of±S�iperri.or�.of:ao+,tro+cosw.carntiizs entered in Judgment Book 376 The succed f lbidderwisl,b tof requiredu �f rri�? at page 8 thereof on March 24, 'o^d •�OibndinanamountequaltofiftyperceerF(so7G) =of the Contract,price and a Faithful f erfo►rnarK• pxr ,�j arrmmr t'q"O id 1'to ani:Fxindrid"p rrcentrtt100'1L� Pa 1971. The notice of which the �trotttpti�tsaboridatfa b.:se�Yr.d koro 4eSti( `�e1�,Cir!Ml�hr1 annexed is a printed copy (set a�thoiiudF�dobu.ip:s}ith.sto�F. t�� , �,� , in type not smaller than non- /tdderiaraiirebynotifierF+otp wtFdie aFP the Site oF e ,Cdifanla :or fbcol low pareil) has been published in isoWBoardb,d.cerraired,F,e�.r,erdpr roiFFn, .�,ae each regular and entire issue fa:�, ► 4'� din tF�locollty.l�jwhkf+tNs workis�to bf Meftx: of said newspaper and not intyljjdl w rkm n br."n any supplement thereof on the Controctwhich-will beiviwrdedtothe' ucoessfulli{ following dates, t0 wit: ,pr•1Oiii"0`°»ofpsidiernwo9esI'1_1°11 "fil."riM'th.0 JUNE 26, 19 74 the. t or, "` 61 or /b woiN n�jxra►ilt►� 4 JULY 3, 1974 any Porto^ or I declare under penalty of 3«w:bid received. Wo;birlder.matr wifl+drow (+Tebidsfnr"ar p�jaf?tFtirf ;(90) af1tar2ti+e�r .. perjury that the foregoing is true and correct. Executed on JULY 3, 1974 at Walnut Creek, California. . „ �Carny Y •• • To and inciudi.ng May 27, 1971, and thereafter published Wednesday of each week starting June 2, 1971. LLED5 - 1974 OL=N O" SUPERVISORS COSTA CO.- _ -- DI TRE BOARD OF SU?EBVISORS - pF CONTFUA COSTA COUNTY, STATE OF CALIFORNIA In the ?latter of Approving Plans } sand Specifications for Site ) Improvements (Contract 1) at } -BESOLUTION No. 74/533 Contra Costa County. Fire Protectior) District Fire College, Concord, ) :•i ark Order 5547. ) WHEREAS Plans and Specifications for Site Improvements (Con— tract 1) at the Contra Costa County Fire Protection District Fire. College, Treat Boulevard, Concord, California, Work Order 5547, have been filed with this Board this day by the Public Works Director and- -WHEREAS the general prevailing rates of mages, -Which shall be theiniuura razes paid on this project, have been approved by this Board; 2101,1,. THEREFORE, IT IS BY THIS BOARD RESOLVED that said Plans and Specifications are hereby A_PPRO'J D. Bids for thia work will be received on July 16. 1974 at 11:00 A.M. and the Clerk of this Board -s directed to publish Notice to Contractors 1a the manner and for the time required by- law, inviting bids for said :fork, said Notice to be published in the ROSSMOOR PASSED Ai1D ADOPTED on June 18 , . 29 74 , by- the following vote: AYES: Supervisors J. P. Kenny, .A. M. Dias, YJ. N. Boggess, E. A. Linschaid, J. E. Moriarty. NOES: None. ABar =T: None. P.EjOLUTIC_r NO. 74/533 cos 1072, 132") (Got. Code 254.52) CERTIFIED COPY 71'3_500 1 :•rrtifr that ail-.; f.i a fy11. true f correct copy of 1' the wi_•nn; Ira '.-n..rt vdrrb Li ott file. in m: of":ce. CC. Public j'IOrl-aS Diree�.ar an:i thni a wa, na:;rgid adopted by Lite R,)ard of Co'Ln+.y S di for3ttt, rri<or� of Comra Coda Coarty,.Caliiforni.t. on the date Mtowr.. _1TTF.�T: .r. R. OLSSOX. County C;nu, 2 t�? Adni^'_S t Clerk Fc es-officio Clerk o:said Board of Supervisors. by Deputy Clerk. 1 'p 0II�—�� 7 T�tLV T.Oi. 'i:l�T'TCi: 7'(1 Ctl;ii i+1 tAcl�crLa.s IIIcnL�_ • • • Notice in hereby liven by order of the Board of Supervisors of Contra Costa County, LhaL Clerk of said Board will receive bids for the furnislli.Itg of all labor, material!:, equipment , tr:nsnurt at ion and services for Contract T - Fire Col lcs�e Site Il::aroveinents (Contra Conta County Fire Protection District) . Treat itoul.evard, Calico r , ,. The estit,ated construction contract cost (Base Bid) is $ 401000 Each bid is to be in accordance with the Drawings and Specifications on file r at the Office of the Clerk of the Board of Supervisors, Room 103, County Administration +' Building, Martinez, California. The drawings and specifications may be examined at the office of the Clerk of the Board of Supervisors or at the Public forks Department, 6th Floor, County Administration Building. flans and Specifications may be purchased at the Public t Works Department, 5tt Floor, County Administration Building, upon payment of r Two doll-rs and 1 3/170 (S2.13).,er set. (Includes V,-% sales tax.) Each bid shall be made on a bid form to be obtained at the Public Works ! Department, 6th Floor, County Administration Building, and must be accompanied by a certified cashier's check or checks, or bid bond in the amount of ten per cent (10%) ! of the base bid .:mount, 'wade payable to the order of "The County of Contra Costa" and � shall be sealed and filed with the Clerk of the Board of Supervisors. Bid proposals shall be submitted on or before. juiv 16. 1974 � at 11:00 a.m. and will be opened in public at the time due in the Board or Supervisors' Chambers, Room 107, Administration Building, Martinez, Contra Costa County, California, and there read and recorded. r ! The above-mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be, forfeited by the bidder and retained by the County if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County. The successful bidder will be required to furnish a Tabor and Material Bond ' in an amount equal to fifty per cent (50`l.) of the Contract price and a Faithful Per- formance Bond in an amount equal to one hundred per cent (1007.) of the Contract price, said bonds to be secured from a Surety Company authorized to do business in the State of California. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has ascertained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of workplan or mechanic required to execute thq Contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. . • Fiti LDI ' J I r 1974 J. R. OtSSON CLERK BOARD OP SUPERVISORS s3 j COSTA C - 8ty NOTICE T CO:ITlL' P. (Co L-"ijiuc The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. No bidder may with- draw his bid for a period of thirty (30) days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CO;TRA COSTA COUNTY J. R. Olsson County Clerk and Ex Officio Clerk of the Board of Supervisors, Contra Costa County, California By le '1sdG 2u"_.L& Deputy Dated: ' x"ut le/f 7� PUBLICATION DATES: (Bidder) DIVISION E. PROPOSAI. (r)id Form) BIDS WILL BE RECEIVED UNTIL the sixteenth (16th) day of July, 1974 at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez, California, 94553. (A) TO THE HONORABLE BOARD OF SUPERVISORS OF COINTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agrees to furnish any and required labor, material, transportation, and services for Contra I - Fire College Site Improvements, Treat Boulevard, Concord, CA. in strict conformity with the Plans, Specifications, and other contract documents on file at the CLfice of the Clerk of the Board of Supervisors, First Floor, Administration Buildir-1. iIartinez, C.y. 94553 for the following sums; namely: BASE BID: Shall include all of the work for the construction and completion of all facilities therein, but not including any of the work in the following Alternates: For the sum of: Dollars ($ ) LI D 4 tSoQS -14- - DIVISION E. PROPOSAL (Aid Form) (con't.) UNIT PRICES: (To be complete in place including all Labor and Materials, equipment, profit, and overhead) 1. For adding or deducting from the contract on a unit price basis, asphalt paving as detailed per square foot, the sum of: Dollars ($ ) (B) It is understood that this bid is based upon completion of the work within sixty (60) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then, he shall be liable to the County of Contra Costa in the amount of Fifty Dollars ($ 50.00 ) per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and not as a penalty, it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. (E) The undersigned has checked carefully all of the above figures and understands ++' that the Board of Supervisors will not be responsible for any errors or I omissions on the part of the undersigned in making up this bid. • -15- DIVISION E. PROPOSAL (Bid Form) Con't. (F) The undersigned hereby certifies that this bid is genuine' and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the unducsigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any othc person, firm or corporation to refrain from budding, -and that the undersigned has ----.ot in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. ❑ Cash ❑ Bidders Bond- ❑ Cashiers Check ❑ Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: A,:dendum dated Addendum dated Addendum dated By Address Phone Licensed in accordance with an act providing for the registration. of Con- tractors. Classification and License No. Dated this day of , 19 DIVISION E. PROPOSAL (Biporm) Con't. • LIST OF SUBCONTRACTORS: (As required by SECTION 12 - "SUBCONTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUBCONTRACTORS", paragraphs (A), (B), and (C) , of Instruction to BiLders) . Portion of Work Name ` Place of Business Rev. 12/72 -17- The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, along with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGUJ:':'.: Pi OPO5ALS. Inclusion of this questionnaire is at the request of the State Attorney General. _UESTIONNAIRE TO C "FRAL CONTRACTORS 1. [dere bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yea ( ) No ( ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union -boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( - ) S. if the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or -roup: (c) Job involved (if applicable) : (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -18- , SPECIFICATIONS for :CONTRA COSTA COUNTY FIRE PROTECTIOPi•D.ISTRICT CONTRACT I - FIRE COLLEGE SITE IMPROVEMENTS Treat Boulevard, Concord, CA. +� i Engineer Contra Costa County j Public Works Department Building Projects Division ! t • E t Prepared for j Victor W. Sauer, Director Public Works Department Contra Costa County z i Sixth Floor Administration Building Martinez, California .. • T.R EGE Or COi�TI11i1.S • .. DIVISION A. Notice to Contractors • DIVISION B. Instructions to L'iddcrs Section 1 Competence of Bidders Section 2 Securing; Documents Section 3 Examination of Plans, Specifications, and Site of Work Section 4 State and County Labor and Materials Requirement Section 5 Bidding Documents Section 6 Submission of Proposals Section 7 Withdrawal of Proposals Section 8 Public Opening of Proposals- Section 9 Irregular Proposals Section 10 Competitive' Bidding Section 11 A%card of Contract Section 12 Special Requirements Section 13 Execution of Contract Section 14 Failure to Execute Contract DIVISION C. Performance Bond DIVISION D. Labor and Material Bond DIVISION E. Proposal (Bid Form) DIVISION F. Articles of Agreement DIVISION G. General Conditions . Section 1 Definitions , Section 2 Governing Laws and Regulations Section 3 Patents and Royalties Section 4 Contractor's Responsibility for Work and Public Utilities Section 5 Bond and Insurance Section 6 Subcontracting Section 7 Time of Work and Damages Section 8 Progress Schedule Section 9 Temporary Utilities and Facilities Section 10 Permits and Licenses t Section 11 Conduct of Work !I Section 12 Responsibility for Site Conditions Section 13 Inspection Section 14 Rejection of Materials Section 15 Interpretation of Contract Documents Section 16 Clarifications and Additional Instructions Section 17 Deleted • Section 18 Product and Reference Standards Section 19 Materials, Articles, and Equipment i Section 20 Shop Drawings, Descriptive Data, Samples, Alternatives GENERAL CONDITIONS DIVISION G. General Conditions (con't.) Section 21 Samples and Tests Section 22 Change Orders Section 23 Labor Section 24 Occupancy by the County Prior to Acceptance Section 25 Preservation and Cleaning Section 26 Payment of Federal or State Taxes Section 27 Acceptance Section 28 Final Payment and Waiver to Claims Section 29 Guarantees DIVISION II. Special Conditions DIVISION I. Technical Conditions Section I Demolition Section 2 Earthwork Section 3 Paving and Line Striping Section 4 Concrete Section 5 Electrical Section 6 Storm Drainage -2- i -.OIVIS-TON A. NOTTCIE TO coapuigmlqw . (Advertisement) Notice is hereby given by order of the Board of Supervisors of Contra Costa County, that Clerk of said Board will receive bids for the furnishing of all labor, materials, equipment, transportation and services for Contract I - Fire College Site Improvements (Contra Costa County Fire Protection District) , Treat Boulevard, oncor , . The estimated construction contract cost (Base Bid) is $ 40,000 Each bid is to be in accordance with the Drawings and Specifications on file at the Office of the Clerk of the Board of Supervisors, Room 103, County Administration Building, Martinez, California. The drawings and specifications may be examined at the office of the Clerk of the Board of Supervisors or at the Public Works Department-, 6th Floor, County Administration Building. Plans and Specifications may be purchased at the Public Works Department, 5t�"- Floor, County Administration Building, upon payment of Two dollars and 13/1.00 ($2.13)per set. (Includes 6y/. sales tax.) Each bid shall be made on a bid form to be obtained at the Public Works Department, 6th Floor, County Administration Building, and must be accompanied by a certified cashier's check or checks, or bid bond in the acount of ten per cent (10%) of the base bid amount, made payable to the order of "The County of Contra Costa" and shall be sealed and filed with the Clerk of the Board of Supervisors. Bid proposals shall be submitted on or before July 16, 1974 at 11:00 a.m. and will be opened in public at the time due in the Board of Supervisors' Chambers, Room 107, Administration Building, Martinez, Contra Costa County, California, and there read and recorded. The above-mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be. forfeited by the bidder and retained by the County if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County. The successful bidder will be required to furnish a Labor and Material Bond in an amount equal to fifty per cent (50%) of the Contract price and a Faithful Per- formance Bond in an amount equal to one hundred per cent (100%) of the Contract price, said bonds to be secured from a Surety Company authorized to do business in the State of California. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has ascertained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of workman 6r mechanic required to execute thq Contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. -3- NOTICE TO CONTRACTORS (Continued) The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. No bidder may with- draw his bid for a period of thirty (30) days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COtNNTY BY J. R. Olsson County Clerk and Ex Officio Clerk of the Board of Supervisors, Contra Costa County, California By ` Deputy Dated: PUBLICATION DATES: E Rev. 12/72 -4- DIVISION B. INSTRUCTION TO BIDDERS; The bidder shall carefully examine the instructions contained herein and satisfy himself as to the conditions with which he must comply prior to bid in submitting his proposal, and to the conditions affecting the award of contract. SECTION 1. COMPETENCE OF BIDDERS: (a) License: No bidder may bid on work of a kind for which he is not properly licensed, and any such bid received may be disregarded. (b) Bidders shall be experienced in the type of work for which they are bidding and shall, upon request of the County, submit to the County a written list of completed projects, with the name of the owner or contract officer indicated. SECTION 2. SECURING DOCUMENTS: (a) Drawings and Specifications may be secured at the place and for the deposit or fee as called out in the "Notice to Contractor", page 3. (b) The deposit, if called for in the "Notice to Contractor", page 3, is a guarantee that the Drawings and Specifications will be returned in good condition. (c) The fee, if called for in the "Notice to Contractor", page 3, is a nwon-refundable payment to defray a portion of the printing and handling costs. SECTION 3. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: The bidders shall examine carefully the site of the work, and the plans and specifications therefor, fie shall investigate and satisfy himself as to conditions to be encountered, the character, quality, and quantity of surface, and subsurface materials or obstacles to be encountered, the work to be performed, and materials to be furnished, and as to the requirements of the proposal, plans, and specifications of the contract. Where investigations of subsurface conditions have been made by the County in respect to foundation or other structural design, and that information is shown in the plans, said information represents only the statement by the County as to the character of material which has been actually encountered by it in its investigation, and is only included for the convenience of bidders. Investigations of subsurface conditions are made for the purpose of design, and the County assumes no responsibility whatever in respect to the sufficiency or accuracy of borings, or of the log of test borings, or other preliminary investigations, or of the interpretation therefor. There is no guarantee or warranty, either express or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unlooked for developments may not occur. Making such information avail- able to bidders is not to be construed in any way as a waiver of the provisions Rev. 12/72 -5- SECTION 3. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: (Con't.) of this article concerning the Contractor's responsibility for subsurface conditions, and bidders must satisfy themselves through their own investigations as to the actual conditions to be encountered. (b) RESPONSIBILITY FOR UTILITIES: As part of the responsibility stated in subdivision (a) above, and without limitation thereon, the Contractor shall be responsible at his own cost for any and all work, expense or special precautions caused or required by the existence or proximity of utilities encountered in performing the work, including without limitation thereon, repair of any or all damage and all hand or exploratory excavation required. The bidder is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and the ducts enclosing such cables, and when working or excavating in the vicinity thereof, the special precautions to be observed at his own cost shall also include the following: All such cables and their enclosure ducts shall be exposed by careful hand excava- tion so as not to damage the ducts or cables, nor cause injury to persons, and suitable warning signs, barricades, and safety devices shall be erected as necessary or required. In connection with the foregoing, the bidder's attention is invited to Section 12 of Division G of these specifications. (c) DISCREPANCIES OR ERRORS: If omissions, discrepancies, or apparent errors are found in the plans and specifications prior to the date of bid opening, the bidder shall submit a written request for a clarification which will be given in the form of addenda to all bidders if time permits. Otherwise, in figuring the work, the bidders shall consider that any discrepancies or conflict between drawings and specifica- tions shall be governed by Section 15 of Division G of these specifications. SECTION k. BIDDING DOCUMENTS (a) Bids shall be made upon the special Proposal (Bid Form) (See Section E of this Specification), with all items completely filled out; numbers shall be stated both in writing and in figures, the signatures of all persons signed shall be in longhand. The completed form should be without interlinea- tions, alterations or erasures, no alternative proposals. Additional copies of the Proposal (Bid Form) may be obtained from those supplying these specifications. (b) Bids shall not contain any recapitulation of the work to be done; alternative proposals will not be considered, unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. Rev. 12/72 -6- SECTION 4. BIDDING DOCUMENTS: (Con't.) (c) List of Proposed Subcontractors: Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount In excess of � of 1 percent of his total bid, in accordance with Chapter 2. Division 5. Title 1, of the Government Code. See Section 1 of Division G of these specifications for definition of subcontractor. See Section 6 of Division G of these specifications for further reference to subcontractors. (d) Bidder's Security: All bids shall have enclosed cash, a cashier's check, certified check, or a bidder's bond, as described below, executed as surety by a corporation authorised to issue surety bonds In the State of California, made payable to "Contra Costa County", in an amount equal to at least 10 percent of the amount of the bid. No bid shall be considered unless one of the forms of bidder's security is enclosed therewith. SECTION 5. SUBMISSION OF PROPOSALS: Proposals shall be submitted to the Clerk of the Board of Super- visors of Contra Costa County at the place indicated on the bid proposal. It is the sole responsibility of the bidder to see that his bid is received in proper time. All proposals shall be submitted under sealed cover, plainly Identified as a proposal for the work being bid upon and addressed as directed in the Notice to Contractors and the bid proposal. Failure to do so may result in a premature opening of, or a failure to open such bid. Proposals which are not properly marked may be disregarded. SECTION 6, WITHDRAWAL OF PROPOSALS: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, provided that a request in writing. executed by the bidder or his duly authorized representative, for the withdrawal of such bid is filed with the Clerk of the Board of Supervisors of Contra Costa County. An oral, telegraphic, or telephonic request to withdraw a bid proposal Is not acceptable. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid. This article does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids. SECTION 7. PUBLIC OPENING OF PROPOSALS: Proposals will be publicly opened and read at the time and place Indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. SECTION 8. IRREGULAR PROPOSALS: Proposals may be rejected if they show any alteration of form, addi- tions not called for, conditional bids. Incomplete bids, erasures, or irregularities of any kind, if bid amount Is changed after the amount is originally inserted. the change should be initialed. -7- SECTION IRREGULAR PROPOSALS: (Con't.) The County also reserves the right to accept any or all alternates and unit prices called for on the Bid Form and their order of listing on such form shall in no way indicate the order in which the bids may be accepted. SECTION 9. COMPETITIVE BIDDING: If more than one proposal be offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or work to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid directly for the materials or work. All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this contract is in violation of the competitive bidding requirements of the State law and may render void any contract let under such circumstances. SECTION 10. AWARD OF CONTRACT: The right is reserved to reject any and all proposals. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within 30 days after the opening of the proposals. SECTION 11 . SPECIAL REQUIREMENTS: The bidder's attention is invited to the following special pro- visions of the contract, all of which are detailed in the General Conditions (Division G) or other documents included in these specifications. (a) Bonds (b) Insurance (c) Liquidated Damages (d) Guarantee (e) Inspection and Testing of Materials (f) Facilities to be Provided at Site (g) Assignment of Contract Prohibited SECTION U. EXECUTION OF CONTRACT: The contract (example follows Page 18 ) shall be signed by the successful bidder in duplicate counterpart and returned within five (5) days of receipt, not including Saturdays, Sundays, and legal holidays, together with the Contract Bonds and Certificates of Insurance. No contract shall be binding upon the County until same has been executed by the Contractor and the County. Should the Contractor begin work in advance of receiving notice that the contract has been approved as above provided, any work performed by him will be at his own risk and as a volunteer unless said contract is so approved. Rev. 12/72 -8- SECTION 13. FAILURE TO EXECUTE CONTRACT: Failure to execute a contract and file acceptable bonds and certificates of insurance as provided herein within 10 days, not including Saturdays, Sundays, and legal holidays, after the successful bidder has received the contract for execution shall be just cause for the annulment of the award and the forfeiture of the bidder's security. If the successful bidder refuses or fails to execute the contract, the County may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses ,or fails to execute the contract, the County may award the contract to the third lowest responsible bidder. On the failure or refusal of the second or third lowest responsible bidder to whom any such contract is so awarded to execute the same, such bidders' securities shall be likewise forfeited to the County. The work may then be readvertised or may be constructed by day labor as provided by State law. -9- DIVISION C. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS: The Board of Supervisors of the County of Contra Costa, State of California By Resolution passed , 19_, has awarded to hereinafter designated as the "Principal", a Contract for constructing and, WHEREAS, said Principal is required under the terms of said Contract and the Specifications therefor, to furnish a bond for the faithful performance of said Contract, NOW, THEREFORE, We, the principal, and as Surety, are held and firmly bound unto the said County of Contra Costa, State of California, in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the said County of Contra Costa, its officers, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. Rev. 12/72 -10- PERFORMANCE BOND (Con't.) And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above- named, on the day of (To be signed by ) (Principal and Surety) Principal (and acknowledgment ) (and Notarial Seal to) By (be attached. ) Surety By The above bond is accepted and approved this day of , 19 The above bond is accepted and approved this day of , 19 Rev. 12/72 -11- DIVISION D. PAYMENT BOND (Labor and Material Bond) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the Board of Supervisors, Contra Costa County, State of California by resolution passed , 19 , has awarded to designated as the "Principal," a contract for the work described as follows: WHEREAS, said principal is required by Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code to furnish a bond in connection with said contract: NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto Contra Costa County in the penal sum of Dollars ($ ), lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any person or persons named in Civil Code Section 3181 or fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor, then said Surety will pay for the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees, as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code. -12- Rev. 12/72 This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claisr under Section 3181 o'_ the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby Waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of 19 Principal By Surety By Attorney-in-Fact Rev. 12/72 -13- 0 (Bidder) DIVISION E. PROPOSAL (Bid Form) BIDS I4ILL BE RECEIVED UNTIL the sixteenth (16th) day of July, 1974 at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez California, 94553. (A) TO THE HONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for Contract I - Fire College Site Improvements, Treat Boulevard, Concord, CA. in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, Administration Building. Martinez, CA. 94553 for the following sums; namely: BASE BID• Shall include all of the work for the construction and completion of all facilities therein, but not including any of the work in the following Alternates: For the sum of: Dollars ($ ) -14- DIVISION E. PROPOSAL (Bid Form) (con't.) UNIT PRICES: (To be complete in place including all Labor and Materials, equipment, profit, and overhead) 1. For adding or deducting from the contract on a unit price basis, asphalt paving as detailed per square foot, the sum of: Dollars ($ ) (B) It is understood that this bid is based upon completion of the work within sixty (60) calendar days from and after the date of commencement. (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then, he shall be liable to the County of Contra Costa in the amount of Fifty Dollars ($-50.,00 . . ) per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and .not as a penalty, it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. (E) The undersigned has checked carefully all of the above figures and understands ' that the Board of Supervisors will not be responsible for aay errors or omissions on the part of the undersigned in making up this bid. -15- DIVISION E. PROPOSAL (Bid Form) Cont. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. ❑ Cash ❑ Bidders Bond ❑Cashiers Check ❑Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Addendum # dated Addendum 6 dated Addendum # dated By Address Phone Licensed in accordance with an act providing for the registration of Con- tractors. Classification and License No, Dated this day of , 19 Rev. 12/72 -16- 1 The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, aiong with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer ali applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGULAR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Y4s ( ) No ( } 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( ) 5. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -18- DIVISION E. PROPOSAL (Bid Form Con't. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. O Cash O Bidders Bond O Cashiers Check O Certified Check (I) The following addenda are hereby acknowledged as being included in the bid; Addendum dated Addendum dated Addendum dated By Address Phone Licensed in accordance with an act providing for the registration of Con- tractors. Classification and License No, Dated this day of 19 Rev. 12/72 -16- DIVISION E. PROPOSAL (Bid Form) Coat. LIST OF SUBCONTRACTORS• (As required by SECTION 12 - "SUBCONTRACTORS TO BE LISTED IN BID - SUBSTITUP,ION OF SUBCONTRACTORS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of Business Rev. 12/72 -17- The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, ainng with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGULAR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yen ( ) No ( ) 2. If the answer to No. I is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or ocher sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( ) 5. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -18- DIVISION F. ARTICLES OF AGREEMENT (Contract) CONTRACT (construction Agreement) (Contra Costa County Standard Form) 2. VARIABLES. These variables are incorporated below by reference. (552,3) Parties: [Public Agency] (Contractor) (52) Effective Date: [See 14 for starting date.) (51) The York: (54) Completion Time: . [strike out (a) or (b) "calendar" or "working") (a) By (date) (b) Within •calendarlworking days from starting date. (55) Liquidated Damages: S per calendar day. (56) Public Agency's Agent: (57) Contract Price: $ (for-unit price Contracts: more or leas, in accordance with finished quantities at unit, bid prices.) (Strike out parenthetical material if inapplicable.) P. SIGNATURES 6 ACKNOWLEDGMENT. Public Agency, by: (President or Chairman) (Secretary) Contractor, hereby also acknowledging awareness of and compliance with Labor Code 51961 Concerning Workmen's Compensation Lay. by: Designate official capacity in the business) Note to Contractor: (1) Execute acknowledgment form below; and (2) if a corpora- tion, attach a certified copy of the bylaws, or of the revolution of the Beard of Directors authorising execution of this eontraet and of the bonds required hereby. ------------------------------------------------------------------------------------------ State of California ) _ ACKNOWLEDGMENT (by Corporation, County of ) asPartnership, or Individual) The person(s) signing above for Contractor, known to me to individual and business capacity as stated, personally appeared before me today and acknowledged that he/they executed it and that the corporation or partnership named above executed it. Dated: (SEAL) Notary Public FORK APPROVED: J. B. CLAUSEN. County Counsel, By --Deputy (Page 1 of 4) -18a- (CC-1; Rev. 4-72) 3. WORK CONTRACT, CHANCES. (a) By their signatures in Section 2, effective on the above date, these parties promise and agree as set forth in this contract, incorporating by these references the material ("variables") in Sec. 1. (b) Contractor shall, at his own cost and expense, and in a workmanlike canner, fully and faithfully perform and complete this work; and will furnish all materials, labor, services and transportation necea<arv, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plant+, drawings and specifications. (c) This work can be changed only with 'Public Agent, prior written order specifying such change and Its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Sec. 7 without such an order. 4. TINE: NOTICE TO PROCEED. Contractor shall start this work as directed In the speci- fications or the Notice to Proceed; and shall complete it as specified in Sec. 1. 5. LIQUIDATED DAMAGES. If the Contractor falls to complete this contract and this work within the rine fixed therefor, allowance being made for contingencies as provided herein. he becomes liable to the Public Agency for all its loss and damage therefrom; and because,. from the nature of the case. it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof, It is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work: and if the same be not paid. Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due Contractor under this con- tract. If the Public Agency for any cause authorizes or contributes to a delay, suspen- sion of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a valver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work, when such delay use caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocstioo of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications, of any Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract; and they are intended to co-operate, so that anything exhibited in the plans or drawings and not mentioned in the specifications, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified 1m Sec. 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions, and es full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1. except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first day of each calendar month the Contractor shall submit to the Public Agency a verified application for payment, supported by a statement showing all materials actually installed during the preceding conch, the labor expended thereon, and the cost thereof; whereupon, after checking, the Public Agency shall issue to Contractor a certificate for the amount determined to be due, minus 10% thereof pursuant to Government Code Sec. 53067, but not until defective work and materials have been removed, replaced and made good. 8. PAYMENTS WITHHELD. (a) The Public Agency or its agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and per l a of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, - (2) Claims filed or reasonable evidence Indicating probable filing. (3) Failure to properly pay subcontractors or for material or labor, (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to souther contractor. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor. an the work progresses, the materials and labor which are not satisfactory to it, so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire (Page 2 of 4) (CC-1; Rev. 4-72) _18b- work, It shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that a21 claims for labor and met erlala have been paid, no claims have been presentedto the Publlc'Agency based on acts or omissions of the Contractor, and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. a 9. INSURANCE. (Labor Code 111860-61) On signing this contract. Contractor must give Public Agency (1) a certificate of consent to self-Insure issued by the Director of Industrial Relations, or (2) a certificate of Workmen's Compensation insurance issued by on admitted insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Sec. 3700 and the Workmen's Compen cation Lay. 10. BONDS. On signing this contract Contractor shall deliver to Public'Agency for approval good and sufflcient.bonds with sureties, in amount(&) specified in the specifi- cations, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects. Without fault of the Public Agency or its agent(s), to supply sufficient materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency, the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal, state and local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Sec. 1720, and Including Secs. 1735 6 1777.6 forbidding dis- crimination) and Intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Sees. 1775 4 1813, concerning prevailing wages and hours, shall apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Government Code 114100-4113 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Sec. 1773, the governing body of the Public Agency has ascertained the general prevailing rates of wages per diem, and for holiday and overtime work, in the locality in which this work Is to be performed, for each craft, classification, or type of workman needed to execute this contract, and said rates are as specified in the call for bids for this work and are on file with the Public Agency, and are hereby Incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours con- stituting the working day. When less Chan that number of hours are worked, the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at least these rates to all persons on this work. Including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes neces- sary for the Contractor or any subcontractor to employ any person in a craft, classifi- cation or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate to specified, the Contractor shall immediately notify the Public Agency which shall promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the contlnuante of such employment. 15. HOURS OF LABOR. Eight hours of labor to one calendar day constitutes a legal day's work, and no warkman employed at any time on this work by the Contractor or by any sub- contractor shall be required or permitted to work longer thereon except as provided in Labor Code Secs. 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Secs. 1777.5, and 1777.6 on non-discrimination. (Page 3 of 4) CC-1; Rev. 4-72) -18C- 17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIG`:MENT. This agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in whole or in part, nor any monies due or to become due under it, without the prior written consent of the Public Agency and the Contractor's surety or sureties& unless- they have wil ved notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or ' Payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. ' 20. HOLD HARMLESS 6 INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities As defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and Its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, Including personal injury, death, property damage, inverse condemnation, or any combination of these, regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed. and including the defense of any suit(s) or action(s) at lav or equity concerning these. (d) The actions causing Liability are any act or omission (negligent or non- negligent) in connection with the matters covered by this contract and attributable to the contractor, subcontractor(s), or any officer(s), agent(s) or employee(&) of one or more of them. (e) Non-Conditions., The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specifications) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negli- gent or willful misconduct of any Indemnitee. (Page 4 of 4) CC-1; Rev. 4-72) -18d- DIVISION G. GENERAL CONDITIONS SECTION 1. Definitions: Whenever the following terms, pronouns in place of them, or initials of organizations appear in the contract documents, they shall have the following meaning: Addendum--A document issued by the County during the bidding period which modifies, supersedes, or supplements the original contract documents. Agreement--The written document of agreement, executed by the County and the Contractor. Architect or Engineer--Shall mean the architect, engineer, individual or co-partnership, employed by the County of Contra Costa; as designated on the title sheet of these specifications. When Contra Costa County is designated as the Engineer, Engineer shall mean Victor W. Sauer, Public Works Director, or his authorized representative. Bidder--Any individual, partnership, corporation, association, joint venture, or any combination thereof, submitting a proposal for the work, acting directly, or through a duly authorized representative. Board of Supervisors--Shall mean the duly elected or appointed officials who constitute such a Board, who will act for the County in all matters pertaining to the Contract. Change Order--Is any change in contract time or price and any change in contract documents not covered by substitutions, submittals, or field orders. (See Section 21). Project Inspector, Construction Supervisor, In__spp__ector, or Clerk of the Works shall mean the authorized agent of the County at t�1e of the work. Contract--The contract is comprised of the contract documents. Contract Documents--The contract documents include the agreement, notice to contractors, instructions to bidders, proposal, plans, general condi- tions, supplementary general conditions, specifications, contract bonds, addenda, change orders, and supplementary agreements. Contractor--The individual, partnership, corporation, associa- tion, joint venture, or any combination thereof, who has entered into a contract with the County. County--Shall mean the County of Contra Costa, a political subdivision of the State of California and party of the first part, or its duly authorized agent acting within the scope of their authority. Field Order--Is an instruction given during the course of the work, not involving a change in contract time or price. (See Section 16B). General Notes--The written instructions, provisions, conditions or other requirements appearing on the drawings, and so identified thereon, which pertain to the performance of the work. Rev. 12/72 -19- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 1. Definitions (Con't.) Plans -- The official drawings Including plans, elevations, sections, detail drawings, diagrams, general notes, Information and schedules thereon, or exact reproductions thereof, adopted and approved by the County showing the location, character, dimension, and details of the work. Specifications -- The Instructions. provisions, conditions and detailed requirements pertaining to the methods and manner of performing the work, or to the qualities and quantities of work to be furnished and installed under this contract. Subcontractor -- An Individual, partnership. corporation. association, joint venture. or any combination thereof, who contracts with the Contractor to perform work or labor or render service in or about the work. The term subcontractors shall not include those who supply materials only. Superintendent -- The representative of the Contractor who shall be present at the work site at all times during performance of the work, Such Superintendent shall at all times be fully authorized to receive and act upon Instructions from the Architect or his authorized agents and to execute and direct the work on behalf of the Contractor. Supplementary Agreement -- A written agreement providing for alteration, amendment, or extension of the contract. Work -- The furnishing and installing of all labor, materials articles, supplies and equipment as specified. designated, or required by the contract. SECTION 2. GOVERNING LAWS AND REGULATIONS: A. The Contractor shall keep Informed of and observe. and comply with and cause all of his agents and employees to observe and comply with all prevailing Federal and State laws, local ordinances, and rules and regulations made pursuant to said laws, which In any way affect the conduct of the work of this contract. B. All work and materials shall be in full accordance with the latest rules and regulations of the Uniform Buildtng Code. the State Fire Marshal, the Safety Orders of the Division of Industrial Safety, the National Electric Code, the Uniform Plumbing Code published by the Western Plumbing Officials Association, and other applicable .State laws or regulations. Nothing In these Plans or Specifications Is to be construed to permit work not conforming to these Codes. The Contractor shall keep copies of Codes on job at all times during construction period. Rev. 9172 _?�_ DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 2. GOVERNING LAWS AND REGULATIONS: (Con't.) C. Excerpts from Section 6422 of the Labor Code of the State of California are included below. The contractor shall comply fully with this section of the Labor Code as applicable. "No contract for public works involving an estimated expenditure in excess of $25,000.00 for the excavation of any trench or trenches five feet or more in depth, shall be awarded unless it contains a clause requiring submission by the Contractor and acceptance by the awarding body or by a registered civil or structural engineer, employed by the awarding body, to whom authority to accept has been delegated, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. 'Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. "Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. "The terms 'public works' and 'awarding body', as used in this section shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively." SECTION 3. PATENTS AND ROYALTIES: A. The Contractor shall provide and pay for all Licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the work. Certificates showing the payment of any such licenses or royalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by the Contractor and delivered to the County on com- pletion of the work, if required. Rev. 12/72 -21- •;o-D1T'103z; (Con't.) SECTION 4, CONTRACTORS RESPONSIBILITY FOR WORK AND PUBLIC UTILITIES: A. The Work Until the formal acceptance of the work by the County, the Contractor shall have the charge and care thereof and shall bear the risk of Injury or damage to any part of the work by the action of the elements or from any other cause except as provided in Section 23. The Contractor. at Contractor's cost, shall rebuild, repair, restore, and make good all such damages to any portion of the work occasioned by any of such causes before its acceptance. B. Public Utilities: a. The Contractor shall send proper notices, make all necessary arrangements, and perform all other services required in the care and maintenance of all public utilities. The Contractor shall aasume all responsibility concern- ing same for which the County may be liable. b. Enclosing or boxing in, for protection of any public utility equipment. shall be done by the Contractor. Upon completion of the work, the Contractor shall remove all enclosures, fill in all openings in masonry, grouting the same watertight, and leave in a finished condition. c. All connections to public utilities shall be made and maintained in such manner as not to interfere with the continuing use of same by the County during the entire progress of the work. SECTION 5. BOND AND INSURANCE: A. The contractor to whom the work is awarded shall within five (5) working days after being notified enter into a contract with the owner on the Contra Costa County Standard Form for the work in accordance with the drawing and Specifications, shall furnish and file at the same time labor and material and faithful performance bonds as set forth in the advertisement for bids, on a form acceptable to the County. B, COMPENSATION INSURANCES The Contractor shall take out and maintain during the life of this Contract adequate Workman's Compensation Insurance for all his employees employed at the site of the project, and in case any work is sublet, the Contract shall require the subcontractor similarly to provide Workmen's Compensation Insurance for the latter's employees, unless such employees are covered by the protection afforded by the Contractor. Rev. 12172 -22- f/. f DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 5. BOND AND INSURANCE: (Con't.) In case any class of employee engaged in hazardous work under the Contract at the site of the project is not protected under the Workmen's Compensation statute, or in case there is no applicable Workman's Compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of his employees not otherwise protected. C. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance, naming Contra Costa County as an additional insured, as shall protect him and any subcontractor performing work covered by this Contract, from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $250,000.00 for injuries, including wrongful death, to any one person, and, subject to the same limit for each person, in an amount not less than $500,000.00 on account of one accident, and property damage insurance in an amount not less than $50,000.00. The Contractor shall submit a Certificate of Liability Insurance which shall include the "hold harmless" agreement as required in the Articles of Agreement. D. FIRE INSURANCE: The Contractor shall carry fire and extended coverage insurance naming Contra Costa County as an additional insured duri.ig the period of construction of the work in an amount not less than the total amount of the progress payments received by him from Contra Costa County, less the amount paid to him on account of excavation and foundations. E. CERTIFICATES OF INSURANCE: Certificates of such Workmen's Compensation, Public Liability, Property Damage Insurance, and Fire Insurance, shall be filed with the County and shall be subject to County approval for adequacy of protection. Al'_ certificates shall indicate that Contra Costa County has been named as an additional insured. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled until at least ten days prior written notice has been given to Contra Costa County. F. PERFORMANCE BOND: One bond shall be in the amount of One Hundred per cent (1007.) of the Contract, and shall insure the Owner during the life of the Contract and for the term of one (1) year from the date of acceptance of the work against faulty or improper materials or workmanship that may be discovered during that time. Rev. 12/72 -23- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 5. BOND AND INSURANCE: (Con't.) G. LABOR AND MATERIALS BOND: One bond shall be in the amount of fifty per cent (50".) of the Contract price, and shall be in accordance with the laws of the State of California to secure the payment of all claims for labor and materials used or consumed in the performance of this Contract and of all amounts under the Unemployment Insurance Act. SECTION 6. SUBCONTRACTING: A. The Contractor shall be responsible for all work performed under this contract, and no subcontractor will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor. B. The Contractor shall give his personal attention to the ful- fillment of this contract and shall keep the work under his control. When any subcontractor fails to prosecute a portion of the work in a manner satisfactory to the Architect or Engineer , the Contractor shall remove such subcontractor immediately upon written request of the Architect or Engineer and he shall not again be employed on the work. C. Although the specification sections of this contract may be arranged according to various trades, or general grouping of work, the contractor Is not obligated to sublet the work in such manner. The County will not entertain requests to arbitrate disputes among subcontractors or between the Contractor and one or more subcontractors concerning responsibility for performing any part of the work. D. Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. E. Substitution of Subcontractors: Contractor shall not substitute any person or subcontractor in place of a subcontractor listed in his bid proposal without the written approval of the County. Substitution of subcon- tractors must be in accordance with the provisions of the "Subletting and Sub- contracting Fair Practices Act" beginning with Section 4100 of the Government Code. Violations of this Act by the Contractor may subject him to penalties which may include cancellation of contract, assessment of 10 per cent of the subcontractor's bid, and disciplinary action by the Contractors' State License Board. SECTION 7. TIME OF WORT: AND DAMAGES: A. The County will designate the starting day of the contract on which the Contractor shall immediately begin and thereafter diligently prosecute the work to completion. The Contractor obligates himself to complete the work on or before the date, or within the number of calendar days, set forth in the Proposal (Bid Form) for completion, subject only to such adjustment of time as may be set forth in this article or pursuant to Section 21. Rev. 12/72 -24- DIVISION G. GENERAL CONDITIONS (Coni.) SECTION 7. TIM9E OF WORK AND DAMAGES: (Con't.) 0. If the work is not completed with the time required, damage will be sustained by the County. It is and will be Impracticable slid extremely difficult to ascertain and determine the actual damage which the County will sustain by reason of such delay; and It is therefore agreed that the Contractor will pay to the County the sum of money stipulated per day in the Specifications for each and every day's delay in finishing the work beyond the time prescribed. If the Contractor fails to pay such liquidated damages the County may deduct the amount thereof from any money due or that may become due the Contractor under the contract. ' C. The work shall be regarded as completed upon the date the County has accented the same in writinx. D. If it appears to the Contractor that he will not complete the work in the stated time, he shall make written application to the County as soon as he so determines, but at least ten (10) calendar days prior to the expiration of the time for completion, stating the reasons why an extension should be granted and the amount of extension desired for each reason. The County may, then, in its discretion grant or deny such extension. E. Any money due, or to become due the Contractor, may be retained to cover said liquidated damages and should such money not be sufficient to cover such damages, the County shall have the right to recover the balance from the Contractor or his sureties. F. Should the County, for any cause, authorize a suspension of work, the time of such suspension will be added to the time allowed for comple- tion. Suspension of work by order of the County shall not be deemed a waiver of the claim of the County for damages for non-completion of the work after the adjusted time as required above. SECTION 8, PROGRESS SCHEDULE: Within three weeks after the Contractor has been notified to start work, he shall submit to the County a practicable progress schedule of operations on a chart form approved by the County. The schedule of operations shall show the order in which the Contractor proposes to carry out the work, the dates on which he will start each major subdivision of the work, and the contemplated dates of completion of such subdivision. When required by the County, the Contractor shall submit an adjusted progress schedule on the approved form to reflect changed conditions. SECTION 9. TEMPORARY UTILITIES AND FACILITIES: A. All water used on the work will be furnished and paid for by the Contractor. The Contractor shall furnish the necessary temporary piping from the distribution point to the points on the site where water is necessary to carry on the work and upon completion of the work shall remove all temporary piping. Rev. 12/72 -25- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 9. TaIPORARY UTILITIES AND FACILITIES: (Con't.) B. The Contractor, at his own cost, shall furnish and Install all meters. all electric light and power equipment and wiring. all gas meters. Ras equipment and piping that is necessary to perform his work and shall remove the same upon the completion of the work. The Contractor shall pay for all power, light and gas used in the construction work. C. The Contractor shall furnish, wire for, install and maintain temporary electric light wherever it is necessary to provide illumination for the proper performance and/or inspection of the work. The lighting shall pro- vide sufficient Illumination and shall be so placed and distributed that these Specifications can be easily read in every place where said work is being per- formed. This temporary lighting equipment may be moved about but shall be maintained throughout the work, available for the use of the Engineer, iroject Inspector, or any other authorized representative of the County whenever required for inspection. D. The Contractor shall provide and maintain for the duration of the work, temporary toilet facilities for the workmen. These facilities shall be of an approved type conforming to the requirements of the County Health Department, and shall be weather-tight structures with raised floors. Structures are to have adequate light and ventilation and door equipped with latch or lock. Contractor shall service such facilities daily, maintaining same in a clean and sanitary condition. Portion of site occupied by toilet facilities shall be graded and cleaned up upon removal of facilities when so ordered and/or upon completion of work. E. See Special Conditions for Variations to the above requirements. SECTION 10, PER"SITS AND LICENSES: A. Within incorporated cities, the Contractor shall obtain all permits, and all licenses, that are required for the performance of his work by all laws. ordinances, rules. regulations. or orders of any officer and/or body lawfully empowered to make or issue the same and having jurisdiction, and shall give all notices necessary in connection therewith and pay all fees lawfully required relating thereto and all costs and expenses lawfully incurred on account thereof. The Contractors attention is called to Health and Safety Code Section 19132.9. which states that one public jurisdiction may not charge for building permits for another public jurisdiction. B. Within the unincorporated area of Contra Costa County, the Contractor shall obtain all permits. and all licenses that are required for the performance of his work by all laws. ordinances, rules, regulations, or orders of any officer and/or body lawfully empowered to make or issue the same and having jurisdiction. and shall give all notices necessary in connection therewith. There will be no charge to the Contractor for permits issued by the County Building Inspector. Rev. 12/72 -26- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 11. CONDUCE OF WORK: A. The Contractor shall observe that the County reserves the right to do other work in connection with the project by Contract or otherwise, and he shall at all times conduct his work so as to impose no hardship on the County or others engaged in the work. He shall adjust, correct and coordinate his work with the work of others so that no discrepancies shall result in the whole work. B. The Contractor shall provide an adequate work force, materials of proper quality, and equipment to properly carry on the work and to insure completion of each part in accordance with his schedule and with the time agreed. C. The Contractor shall personally superintend the work and shall maintain a competent superintendent or foreman at all times empowered to act in all matters pertaining to the work. D. Daily manpower reports shall be signed by Che Contractor, or his Superintendent, and submitted weekly. E. Unless otherwise specified, the Contractor shall clear all obstructions and prepare the site ready for the construction. He shall verify dimensions and scale of plot plans, and shall check all dimensions, levels, and construction. F. Where work of one trade joins, or is en other work, there shall be no discrepancy or incomplete portions when the total project is complete. In engaging one kind of work with another, marring or damaging same will not be permitted. Should improper work of any trade be covered by another which results in damage, or defects, the whole work affected shall be made good by the Contractor without expense to the County. G. The Contractor shall anticipate the relations of the various trades to progress of the work and shall see that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking for each trade shell be a part of same, except where stated otherwise. H. Proper facilities shall be provided at all times for access of the County representatives to conveniently examine and inspect the work. I. Watchmen, at Contractor's option, shall be maintained during the progress of the work as required, at the expense of the contractor. SECTION 12. RESPONSIBILITY FOR SITE CONDITIONS: The following shall constitute exceptions, and the sole exceptions, to the responsibility of the Contractor set forth in Section 4, in the Instructions to Bidders: A. If during the course of the work the Contractor encounters active utility installations which are not shown or indicated in the plans or in the specifications, or which are found in a location substantially Rev. 12/72 -27- DIVISION C. GENERAL CONDITIONS (Con't.) SECTION 12, RESPONSIBILITY FOR SITE CONDITIONS: (Con't.) different from that shown, and such utilities are not reasonably apparent from visual examination, then he shall promptly notify the County in writing. Where necessary for the work of the contract, the County shall issue a written order to the Contractor to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. For the purposes of the foregoing, "active" shall mean other than abandoned, and "utility installations" shall include the following: Steam, petroleum products, air, chemical, water, sewer, storm water, gas, elec- tric, and telephone pipe lines or conduits. The Contractor shall perform the work described in such written order and compensation therefor will be made in accordance with Section 21, relating to changes in the work. Except for the items of cost specified in such Sections, the Contractor shall receive no compensation for any other cost. damage or delay to him due to the presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions from the County, then he shall be liable for any or all dama3e to such utilities or other work of the contract which arises from his operations subsequent to discovery thereof, and he shall repair and make good such damage at his own cost. B. If the contract requires excavation or other work to a stated limit of excavation beneath the surface, and if during the course of the work the County orders a change of depth or dimension of such subsurface work due to discovery of unsuitable bearing material or for any other cause, then adjustment in contract price for such change will be made in accordance with Section 21. Except for the items of cost specified therein. the Contractor shall receive no compensation for any other cost, damage, or delay to him due to the presence of such unsuitable bearing material or other obstruction. SECTION 13, INSPECTION: A. The Contractor shall at all times permit the County and their authorized agents to visit and inspect the work or any part thereof and the shops where work is in preparation. This obligation shall include maintaining proper facilities and safe access for such inspection. Where the contract requires work to be tested, it shall not be covered up until inspected and approved by the County, and the Contractor shall be solely responsible for notify- ing the County where and when such work is in readiness for inspection and testing. Should any such work be covered without such test and approval, it shall be uncovered at the Contractor's expense. B. Whenever the Contractor intends to perform work on Saturday. Sunday, or a legal holiday, he shall give notice to the County of such intention at least two working days prior to performing such work, or such other period as may be specified, so that the County may make necessary arrangements. Rev. 12172 -28- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 14, REJECTIONS OF MATERIALS: A. The Contractor shall promptly remove from the premises all materials condemned by the County as failing to conform to the Contract, whether incorporated in the work or not, and the Contractor shall promptly replace and reexecute his own work in accordance with the Contract and without expense to the County and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal. B. If the Contractor does not remove such condemned work and materials within reasonable time, fixed by written notice, the County may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expenses of such removal within ten (10) days there- after, the County may upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof after deducting all costs and expenses that should have been borne by the Contractor. SECTION 15, INTERPRETATION OF COMIRACT REQUIREMENTS: A. Correlation: The contract documents shall be interpreted as being complementary in requiring a complete work ready for use and occupancy or, if not to be occupied, operation. Any requirement occurring in any one of the documents is as binding as though occurring in all. B. Conflicts in the Contract Documents: In the event of conflict in the contract documents, the priorities stated in subdivisions 1, 2, 3, and 4 below shall govern: 1. Addenda shall govern over all other contract documents, except the County's Standard Form Agreement unless it is specifically indicated that such addenda shall prevail. Subsequent addenda shall govern over prior addenda only to the extent specified. 2. In case of conflict between plans and specifications, the specifications shall govern. 3. Conflict within the Plans: a. Schedules, when identified as such, shall govern over all other portions of the plans. b. Specific Notes, shall govern over all other notes and all other portions of the plans. c. Larger scale drawings shall govern over smaller scale drawings. d. Figured or numerical dimensions shall govern over dimensions obtained by scaling. Rev. 12/72 -29- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 15, INTERPRETATION OF CONTRACT REOUIREMENTS: (7on't.) 4. Conflicts within the Specifications: a. The "General Conditions of the Contract" shall govern over all sections of the specifications except for specific modifications thereto that may be stated in the Special Conditions. b. Omissions: If the contract documents are not complete as to any minor detail of a required construction system or with regard to the manner of combining or installing of parts, materials, or equipment, but there exists an accepted trade standard for good and workmanlike construction, such detail shall be deemed to have been impliedly required by the contract documents in accordance with such standard. "Minor detail" shall include the concept of substantially Identical components, where the price of each such component is small even though the aggregate cost or Importance is substantial, and shall include a single component which is incidental, even though its cost or importance may be substantial. The quality and quantity of the parts or material so supplied shall conform to trade standards and be compatible with the type, composition. strength, size, and profile of the parts or materials otherwise set forth in the contract documents. SECTION 16, CLARIFICATIONS AND ADDITIONAL INSTRUCTION: A. Notification by Contractor: Should the Contractor discover any conflicts, omissions, or errors in the contract documents or have any question concerning interpretation or clarification of the contract documents. or if it appears to him that the work to be done or any matters relative there- to are not sufficiently detailed or explained in the contract documents, then. before proceeding with the work affected, he shall immediately notify the County in writing through the Construction Supervisor, and request interpreta- tion, clarification or furnishing of additional detailed instructions concerning the work. All such questions shall be resolved and instructions to the Contractor issued within a reasonable time by the County, whose decision shall be final and conclusive. Should the Contractor proceed with the work affected before receipt of instructions from the County, he shall remove and replace or adjust any work which is not in accordance therewith and he shall be responsible for any resultant damage, defect or added cost. B. Field Orders: During the course of the work the Architect and/or Engineer may issue Field Orders regarding the work. These Field Orders will supplement the Plans and Specifications in order to clarify the intent of the contracL documents by adjustment to meet field conditions or to make the various phases of the work meet and join properly. A Field Order involves no change in contract time or price. Performance, partially or in full, of a Field Order shall constitute a waiver of claim for a change in contract time or price for the work covered by the Field Order, unless a Change Order has been issued. C. Change Orders: See Section 21, this Division. Rev. 12/72 -30- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 17. PRODUCT AND REFERENCE STANDARDS: A. Product Designation: When descriptive catalogue designations, including manufacturer's name, product brand name, or model number are referred to in the contract documents, such designations shall be considered as being those found in industry publications of current issue at date of first invitation to bid. B. Reference Standards: When standards of the Federal Government, trade societies, or trade associations are referred to in the contract documents by specific date of issue, these shall be considered a part of this contract. When such references do not bear a date of issue, the current published edition at date of first invitation to bid shall be considered as part of this contract. SECTION 18. MATERIALS, ARTICLES, AND EQUIPMENT: A. Material shall be new and of quality specified. When not particularly specified, material shall be the best of its class or kind. The Contractor shall, if required, submit satisfactory evidence as to the kind and quality of material. Price, fitness and quality being equal, preference shall be given to products made in California, in accordance with Section 4380 et seq., of the Government Code, State of California. B. Mechanical equipment, fixtures and material shall be delivered in original shipping crates to the job site and the County shall be notified of the receipt of such equipment, fixtures and material before uncrating. The County will, when desired, inspect such equipment, fixtures or material to determine any damage or deviation from that specified. Items damaged during delivery shall be rejected. C. Wherever the name or brand of a manufacturer's article is specified herein, it is used as a measure of quality and utility or a standard. If the Contractor desires to use any other brand or manufacture of equal quality and utility to chat specified, he shall make application to the County in writing for any proposed substitutions. Such application shall be accompanied by evidence satisfactory to the County that the material or process is equal to Rev. 12/72 -31- DIVISIGN GENERAL CVNDITIONS (Con't.) S?CTI(:N 18. >!ATERIALS, ARTICLE'S, AND EQUIPMENT: (Con't.) that 'specified. Request for substitution shall be made in ample time for the County's consideration as no delay or extra time will be allowed on account thereof. Evidence furnished to the County by the Contractor shall consist of adequate size samples of material. testing laboratory reports on material or process, manufacturer's specification data. field reports on product's approval and use by other public agencies, material costs. and Installation costs and maintenance provisions and experience or other data as required by the County, The County's decision concerning the refusal or acceptance of proposed substitute for that specified shall be accepted as final. Requests for substitution will only be considered when offered by the Contractor with the reason for substitution. Failure to submit competent evidence as required and requested by County shall be considered grounds for refusal of substitution. The Contractor shall include n notice of change in contract prices. if substitution is approved. D. All materials shall be delivered so as to insure a speedy and uninterrupted progress of ti-e work. Same shall be stored so as to cause no obstruction, and so as to prevent overloading of any portion of the structure, andthe Contractor shall be entirely responsible for damage or loss by weather or other cause. E. Within fifteen (15) days after the signing of the Contract, the Contractor shall submit for approval to the County a complete list of all materials it is proposed to use under this Contract, which differ in any respect from materials specified. This list shall include all materials which are proposes' by the subcontractors as well as by himself for use in work of his Contract and which are not specifically mentioned in the Specifications. This list must also include the figures received by the Contractor in bid form for the material or materials which are submitted for approval or substitution, together with the figures In bid form of the specified material or materials for which substitutions are proposed. In case a substitute Is offered and accepted as approved equal to materials specified. the cost of which is less than the cost of the material or equipment specified, then a credit shall be taken for the difference between the two costs in order that the County shall obtain whatever benefits may be derived from the substitution. Failure to propose the substitution of any article within thirty-five (35) days after the signing of the Contract may be deemed sufficient cause for the denial of request for substitution. SECTION 19. SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES, ALTERNATIVES: A. The Contractor shall submit promptly to the County, so as to cause no delay in the work. all shop drawings. descriptive data and samples for the various trades as required by the specifications, and offers of alter- natives, if any. Such submittals shall be checked and coordinated by the Contractor with the work of other trades involved before they are submitted to the County for examination. Rev. 12/72 -32- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 19. SHOP DRAWINGS DESCRIPTIVE DATA SAMPLES ALTERNATIVES: (Con't.) B. The Contractor shall submit to the County shop or diagram drawings in the number of copies as required in submittal schedule, or five (5) copies if no schedule is included in these documents. The drawings shall show completely the work to be done; any error or omission shall be made good by the Contractor at his own expense, even though the work be installed before same becomes apparent, as approval by the County covers general layout only. Fabrication, details and inspection shall conform to approved Contract Drawings. C. Descriptive Data: Submit sets of manufacturer's brochures or other data required by the specifications in the number of copies as required in submittal schedule, or five (5) copies if no schedule is included in these documents. The County will examine such submittals, noting thereon corrections, and return three copies with a letter of transmittal indicating actions taken by the County or required of the Contractor. D. Samples: Submit samples of articles, materials or equipment as required by the specifications. The work shall be in accordance with the approval of the samples. Samples shall be removed from County property when directed. Samples not removed by the Contractor, at the County's option, will become the property of the County or vill be removed or disposed of by the County at Contractor's expense. E. Alternatives: For convenience in designation on the plans or in the specifications, certain materials, articles, or equipment may be designated by a brand or trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to Renerically as "designated by brand name". An alternative material, article. or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use provided the Contractor complies with the following requirements: 1. The Contractor shall submit his proposal for an alternative in writing within the time limit designated in the specifications, or if not designated, then within a period which will cause no delay in the work. 2. No such proposal will be considered unless accompanied by complete information, and descriptive data, necessary to determine the equality of the offered materials, articles. or equipment. Samples shall be provided when requested by the County. The Contractor shall note that the burden of proof as to the comparative quality or suitability of the offered materials, articles, or equip- ment shall be upon the Contractor. The County shall be the sole judge as to such matters. In the event that the County rejects the use of such alternative materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished. Rev. 12/72 -33- DTVIS;(": G. GENERAL CCNOITIGNS (Con't.) SECTIL-N 19. 340P DRAWINGS, D.SC.RIPTIVE DATA, SAMPLES, ALTERNATIVES: (Coni.) The County will examine, with reasonable promptness, such submittals, and return of submittals to the Contractor shall not relieve the Contractor from responsibility for deviations and alternatives from the contract plans and specifications, nor shall it relieve him from responsibility for errors in the submittals. A failure by the Contractor to identify in his letter of transmittal material deviations from the plans and Specifications shall void the submittal and any action taken thereon by the County. When specifically requested by the County, the Contractor shall resubmit such shop drawings, descriptive data, and samples as may be required. If any mechanical, electrical, structural, or other changes are required for the proper installation and fit of alternative materials, articles, or equipment, or because ofdeviations from the contract plans and specifications, such changes shall not be made without the consent of the County and shall be made without additional cost to the County. SECTION 20, SAMPLES AND TESTS: The Contractor shall cause to be performed at his own expense all tests of materials, articles, equipment or other work specified by the contract, The County reserves the right at its own expense to order tests of any part of the work in addition to those specified. If as a result of any such test the work is found unacceptable, it will be rejected and any additional test required by the County shall be at Contractor's expense. Unless otherwise directed, all samples for testing will be taken by the County from the materials, articles or equipment delivered, or from work performed, and tests will be under the super- vision of, or directed by, and at such places as may be convenient to the County. Materials, articles, and equipment requiring tests shall be delivered in ample time before intended use to allow for testing, and none may be used before receipt of written approval by the County. Any sample delivered to the County or to the premises for examination, including testing, shall be disposed of by the Contractor at his own expense within not more than ten (10) days after the Contractor acquires knowledge that such examination is concluded, unless otherwise directed by the County. SECTION 21. CHANGE ORDERS: The County reserves the right to order in writing changes in the plans and specifications, without voiding the contract, and the Contractor shall comply with such order. No change or deviation from the plans and specifications will be made without authority in writing from the County. Changed work shall be performed in accordance with the original requirements of the Contract Documents and previous fully executed Change Orders. A Change Order may adjust the contract price either upward or down- ward in accordance with either or a combination of the following bases, as the County may elect: (1) On a lump sum basis as supported by breakdown of estimated costs. -34- Rev. 12/72 DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANGE ORDERS: (Con't.) (2) On a unit price basis. (3) On a cost-plus basis in accordance with the following conditions: (a) MARK-UPS• 1. For work performed by the General Contractor an amount equal to the direct cost (as defined herein) of the work plus 15% of the direct costs for overhead and profit. 2. For work performed by a sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 20% of the direct costs for overhead and profit. (Suggested breakdown: 15% to the sub-contractor, 5% to General Contractor.) 3. For work performed by a sub-sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 25% of the direct costs for overhead and profit. (Suggested breakdown: 15% to sub-sub-contractor, 5% to sub-contractor, 5% to General Contractor.) 4. In no case will the total mark-up be greater than 25% of the direct costs notwithstanding the number of contract tiers actually existing. 5. For deleted work the mark-up shall be 10% of the direct costs or the agreed upon estimate thereof. (b) DIRECT COSTS• 1. Labor: The costs for labor shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation and similar purposes. Labor rates will not be recognized when in excess of those prevailing in the locality and time the work is being performed. 2. Materials: The actual cost to the Contractor for the materials directly required for the performance of the changed work. Such cost of materials may include the cost of procurement, transportation and delivery if necessarily incurred. If a trade discount by the actual supplier is available to the Contractor, it shall be credited to the County. If the materials are obtained from a supply or source owned wholly or in part by the Contractor, payment therefore will not exceed the current wholesale price for such materials. The term "trade discount" includes the concept of cash discount. Rev. 12/72 -35- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANGE ORDERS: (Con't.) 2. Materials: (Con't.) If, in the opinion of the County, the cost of materials is excessive, or if the Contractor fails to furnish satisfactory evidence of the cost to him from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest current wholesale price at which similar materials are available in the quantities required. The County reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs or profits on material furnished by the County. 3. Equipment: The actual cost to the Contractor for the use of equipment directly required in the performance of the changed work. In computing the hourly rental of equipment, any time less than 30 minutes shall be considered one-half hour. No payment will be made for time while equipment is inoperative due to breakdowns or for non-working days. In addition, the rental time shall include the time required to move the equipment to the work from the nearest available source for rental of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading and transportation costs will be paid in lieu of rental time therefor. However, neither moving time nor loading and transportation costs will be paid if the equipment is used on the project in any other way than upon the changed work. Individual pieces of equipment having a replacement value of $1,000 or less shall be considered to be tools or small equipment, and no payment will be made therefor. For equipment owned, furnished, or rented by the Contractor, no cost therefor shall be recognized in excess of the rental rates established by distributors or equipment rental agencies in the locality where the work is performed. The amount to be paid to the Contractor for the use of equipment as set forth above shall constitute full compensation to the Contractor for the cost of fuel, power, oil, lubrication, supplies, small tools, small equipment, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, labor (except for equipment operators), and any and all costs to the Contractor incidental to the use of such equipment. (c) ALLOWABLE TIME EXTENSIONS: For any change in the work, the Contractor shall be entitled only to such adjustments in time by which completion of the entire work is delayed due to performance of the changed work. Each estimate for a change in the work submitted by the Contractor shall state the amount of extra time that he considers should be allowed for making the requested change. Rev. 12/72 -36- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANGE ORDERS: (Con's.) (d) RECORDS AND SUPPORTIVE INFORMATION: (1) The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a cost-plus basis and the costs of other operations. (2) Contractor shall maintain daily records showing man hours and material quantities required for cost plus work. The Contractor shall use a form approved or provided by the County. The forms will be filled out in duplicate and the County's inspector will review and attach his approving signature to the form on the day the work is performed. (3) Rental and material charges shall be substantiated by valid copies of vendor's invoices. (4) The contractor's cost records pertaining to cost-plus work shall be open to inspection or audit by the County. (e) FAILURE TO AGREE AS TO COST: Notwithstanding the failure of the County and the Contractor to agree as to cost of the proposed change order, the Contractor, upon written order from the County, shall proceed immediately with the changed work. Daily job records shall be kept as indicated in Paragraph (d) above and when agreed to by the Contractor and the construction inspector, it shall become the basis for payment of the changed work. Agreement and execution of the daily job record by the construction inspector shall not preclude subsequent adjustment based upon a later audit by the County. Rev. 12/72 -37- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 22. LABOR: Every part of the work shall be accomplished by workmen, laborers. or mechanics especially skilled in the class of work required and workmanship shall be the best. SECTION 23 OCCUPANCY BY THE COUNTY PRIOR TO ACCEPTANCE: The County reserves the right to occupy all or any part of the project prior to completion of the work, upon written order therefor. In such event, the Contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the County. Such occupancy does not constitute acceptance by the County of the work or any portion thereof, nor will it relieve the Contractor of responsibility for correcting defective work or materials found at any time before the acceptance of the work as set forth in Section 28 or during the guaranty period after such acceptance, as set forth in Section 26. SECTION 24, PRESERVATION AND CLEANING: A. The Contractor shall protect and preserve the work from all damage or accident. providing any temporary roofs. window and door coverings, boxings or other construction as required by the County. This shall include any adjoining property of the County and others. B. The Contractor shall properly clean the work as it progresses. As directed during construction. rubbish shall be removed, and at completion the whole work shall be cleaned and all temporary construction. equipment and rubbish shall be removed from the site. all being left in a clean and proper condition satisfactory to the County. SECTION 25, PAYMENT OF FEDERAL OR STATE TAXES: Any Federal, State or local tax payable on articles furnished by the Contractor, under the Contract, shall be included in the Contract price and paid by the Contractor. The County will furnish Excise Tax Exemption Certificates to the Contractor for any articles which are required to be furnished under the Rev. 12/72 -38- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 25. PAYMENT OF FEDERAL OR STATE TAXES: (Con't.) Contract and which are exempt from Federal Excise Tax. SECTION 26. ACCEPTANCE: A. The work shall be accepted in writing only when it shall have been completed satisfactorily to the County. Partial payments shall not be construed as acceptance of any part of the work. B. In judging the work no allowance for deviations from the drawings and Specifications will be made, unless already approved in writing at the time and in the manner as called for heretofore. C. County shall be given adequate opportunity to make any neces- sary arrangements for fire insurance and extended coverage. D. Final acceptance of the contract will not be given until all requirements of the contract documents are complete and approved by the County. This shall include, but is not limited to, all construction, guarantee forms, parts list, schedules, testa, operating instructions, and as-built drawings - all as required by the contract documents. SECTION 27. FINAL PAYMENT AND WAIVER TO CLAIMS: After the official acceptance of the work by the County, the Contractor shall submit to the County, on a form acceptable to the County, a request for payment in full in accordance with the contract. The form "Statement to Accompany Final Payment" shall be completed, signed by the Contractor and submitted to the County with the final payment request. SECTION 28. GUARANTEE: A. The Contractor hereby unconditionally guarantees that the work will be done in accordance with the requirements of the contract, and further guarantees the work of the contract to be and remain free of defects in workman- ship and materials for a period of one year from the date of acceptance of the contract, unless a longer guarantee period is specifically called for. The Contractor hereby agrees to repair or replace any and all work, together with any other adjacent work which may be displaced in so doing, that may prove to be not in its workmanship or material within the guarantee period specified, without any expense whatsoever to the County, ordinary wear and tear and unusual abuse or neglect excepted. B. Contract bonds are in full force and effect during the guarantee period. C. The Contractor further agrees, that within 10 calendar days after being notified in writing by the County of any work not in accordance with the requirements of the contract or any defects in the work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, aqd to complete the work within a reasonable period of time, and in the event he fails to so comply, he does hereby authorize the County to proceed to have such work done at the Contractor's expense and he will pay the cost thereof upon demand. The County shall be entitled to all costs, including reasonable attorney's fees, necessarily incurred upon the contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the County's Rev. 12/72 -39- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 28. GUARANTEE: (Con't.) employees, property, or licensees, the County may undertake at the Contractor's expense without prior notice all work necessary to correct such hazardous conditions when it was caused by work of the Contractor not being in accordance with the requirements of this contract. D. The general contractor and each of the listed subcontractors shall execute and furnish the County with the standard guarantee form. (See page 41). Rev. 12/72 -40- GUARANTEE FOR CONTRA COSTA COUNTY BUILDING MARTINEZ, CALIFORNIA We hereby guarantee to the Cr_--tty of Contra Costa the (Type of Work) which we have installed in the (Name of Building) California, for year (s) use from date of filing of the completion notice in the Office of the County Recorder. We agree to repair or replace to the satisfaction of the County any or all such work that may prove defective in workmanship or materials within that period, ordinary wear and tear and unusual abuse or neglect excepted, together with any other work which may be damaged or displaced in so doing. If we fail to comply with the above mentioned conditions within a reasonable time after being notified in writing, we, collectively and separately, do hereby authorize the owner to proceed to have the defects repaired and made good at our expense and we will pay the costs and charges therefore immediately upon demand. This guarantee covers and includes any special terms, including time periods, specified for this work or materials in the plans and specifications for this project. This guarantee supersedes any previous guarantees we have made for this particular project. SUBCONTRACTOR Date: (Affix Corporate Seal) GENERAL CONTRACTOR Date: (Affix Corporate Seal) NOTE: If the firm is not a corporation, add a paragraph stating the type of business organization and the capacity and authority of the person signing the guarantee. .li L FORM STATEMENT TO ACCOMPANY FINAL PAYMENT To: Contra Costa County Public Works Department County Administration Building Martinez, California Re: Final Payment (Project) Dear Sir: The undersigned Contractor represents and agrees that the final payment includes herein all claims and demands, of whatever nature, Which he has or may have against the County of Contra Costa in connection with the contract to construct the above-entitled project, and that payment by the County of the final estimate shall discharge and release it from any and all claims. The undersigned hereby certifies that all work, labor, and materials on this project have been furnished and purchased in full compliance with the contract and with all applicable laws and regulations. The undersigned states that his claim for final payment is true and correct, that no part has been theretofore paid, and that the amount therein is justly due. I declare under penalty of perjury that the foregoing is true and correct. Dated , at (City) California. 2- • FIRE COLLEGE SITE IMPROVEMENTS CONTRACT I DIVISION H SUPPLEMENTARY GENERAL CONDITIONS 1. Temporary Utilities: a. Contractor shall provide temporary toilet facilities for workmen in accordance with Section 9 of the General Conditions. b. Water and electrical power will be provided by the County at no cost to the Contractor. 2. Contractor's Operations: a. If during the work the Contractor mars, damages, or defaces County property, such shall be cleaned, repaired, replaces or otherwise restored by the Contractor to substantially the same condition at no cost to the County. b. Contractor shall maintain a clean and safe operation, including barricades as necessary for vehicle and pedestrian safety. 3. The work under each section shall include all labor, materials, transportation, equipment and services as required to complete that part of the project as described in the contract documents. 4. Permit: and Fees: Section 10. Permits and Licenses, on Page 26 of the General Conditions is hereby deleted. Contractor must obtain and pay for his.own business license, if required. County will obtain, at no cost to Contractor, all permits, and will pay for all fees required by other governmental agencies. 5. Eristing driveway and parking lot must remain open and usable by Fire District personnel at all times. -43- • FIRE COLLEGE DIVISION I SITE IMPROVEMENTS CONTRACT I TECHNICAL PROVISIONS 1. Demolition: All paving, base rock, concrete curb and CMP culvert to be removed shall be disposed of o=f site. 2. Earthwork: a. Where existing grades will accommodate pavement structural section with no fill required (or under cut conditions) , existing top six inches of sub-soil shall be compacted to 90% relative density in accordance with AASHO T 180-5T. b. Excavated material shall be removed from the site. c. Engineered fill material under pavement shall be approved by the Engineer and conform to the following: Liquid limit shall not exceed 35; plasticity index shall not be greater than 12; no more than 25% by weight shall be finer than No. 200 sieve. Engineered fill shall be installed on compacted sub-soil in layers not greater than six inches (6") thick and shall be compacted to 90% relative Censity in accordance with AASHO T 180-57. d. Testing will be performed by the County and at the option of the Engineer. Re-tests, if required, will be paid for by the Contractor. 3. Paving and Line Striping: A- Materials: 1. Aspt:alt Concrete shall be Type B with 1/2" maximum aggregate and all in accordance with Section 39 of the State of California Standard Specifications. Overlay Asphalt shall be Type B with 3/8" maximum aggregate. 2. Aggregate Base shall be Class II - 3/4" maximum all in accordance with Section 26 of the Standard Specifications, 3. Traffic Paint for Asphalt Paved Surfaces: . Devoe's #15701 Traffic Paint, W. P. Fuller's 4282-06 Traffic Line Paint, Glidden's 7#5510 Traffic Paint,or approved equal, white in color. Thinners: As recommended by maaufacturer for type of paint used, B. Execution: 1. Paving: a. All work and procedures shall be in full conformity with Section 39 of the Standard Specifications. b. Aggregate Base shall be placed and compacted in accordance with Section 26 of the Standard Specifications. 2. Line Striping: a. Preparation of Surface for Painting Immediately before applying the paint* clean the pavement surface thoroughly of all• dust, dirt., scale, curing compound, oil, grease, c•r other objectionable matter as directed. Solvent • FIRE COLLEGE SITE IMPROVEMENTS CONTRACT I TECHNICAL PROVISIONS 3. ^aving and Line Striping: (con't.) material that will damage pavements shall not be used as cleaning agents. Curing compounds or other curing medium shall be removed by sandblasting or other approved methods. Give all pavement surfaces to be painted, immediately prior to painting, a final cleaning by means of an approved power broom and a power blower using compressed air following the brooming. b. Application: (1) Parking lot striping shall conform to the dimensions and details shown on the drawings. (2) All stripes,as sLiown on drawings, shall be sharp and accurate, straight lines; with rn fuzziness or waviness at edge of lines. (3) Stripes shall be painted immediately following the preparation by either of the following methods, at the Contractor's option: Brush Method: Apply by hand, one (1) thorough, heavy coat in accordance with the manufacturer's recommenda- tions. Spray Method: Apply two (2) coats, the first being a fog coat and the second being the finish coat. (4) Tolerance: Striping shall be within 2" of the align- ment as shown. Stripes shall be four inches (4") in width. c. rrotectio._ Provide all warning devices required to protect the painting operations and the finished work. Repaint, to the applicable specifications, any portion of the stripe damaged by any type of traffic within 24 hours after the stripe has been applied. 4. Concrete: A. Materials• 1. Portland Cement : Type II conforming to the current A.S.T.M. Specification C-150. 2.- Concrete Aggregates: Fine and coarse aggregate shall comply with the current A.S.T.M. Specification C-33, and shall be clean undercoated grains of strong materials. 3. Water shall be clean water from utility company mains. 4. Reinforcing bars shall conform to "Standard Specifications for Deformed Billet-Steel Bars for Concrete Reinforcement". Designation A 615 - Gradq 40. -45- • FIRE COLLEGE SITE IMPROVEMENTS CONTRACT I TECIWICAL PROVISIONS 4. Concrete: (con't.) I. Standards: 1. Specifications, standards, tests and recommended methods cited herein shall determine quantity and quality of materials and methods unless specifically designated otherwise. a. American Society for Testing and Materials (A.S.T.M.) b. American Concrete Institute (A.C.I.) c. State of California Standard Specifications 2. Tests and Inspections will be made by the Engineer to accord with General Conditions DIVISION G, Section 20. Contractor shall supply all materials required for testing. Notify inspector at least two (2) working days before pouring concrete. Concrete shall not .be poured until inspection of forms, reinforcing and other embedded items have been made by the County and pours shall be made only when the Insrector is present. C. General: 1. Each load of Ready Mix Concrete shall be accompanied with a certified weightmaster's tag showing the ingredients by weight. 2. Reinforcing bars shall be accurately placed and secured in position by metal chairs and spacers. 3. Concrete protection for reinforcement: • a. ?" of con-rete between bar and earth for reinforcing in members in which concrete is deposited directly against ground. b. 1-'k" of concrete between bar and surfaces of concrete poured against forms but will be exposed to the weather. 4. All forms shall be straight and true and adequately secured such that when the concrete is placed the forms will remain straight and true. S. The unexposed portion of all footings may be placed "neat" provided concrete reinforcement is protected with clearances hereinbefore mentioned. 6. All exposed concrete shall be formed. 7. Expansion Joints: a. All expansion joints shall be straight and true and adequately secured with permanent steel stakes or other approved equal moans. b. If Contractor elects to use expansion joints as the limit for a day's concrete placement, they shall be backed with forms as required in Paragraph a. -46- FIRE COLLEGE SITE IMPROVEMENTS CONTRACT I TECHNICAL PROVISIONS D. EXECUTION• 1. Measurement of materials for ready-mixed concrete shall conform to the Standard Specifications for Ready-Mixed Concrete A.S.T.M. Designation C94. 2. Concrete shall be mixed and delivered in accordance with the requirements of the Standard Specifications for Ready Mixed Concrete A.S.T.M. Designation C94. Minimum Compressive Strength of 3,000 P.S.I. after 28 days. 4" maximum slump. 3/4" maximum aggregate. 3. Concrete shall be conve;ed from the mixer to the place of final deposit by methods which will prevent the separation or loss of the materials. 4. Equipment for chuting, pumping and pneumatically conveying concrete shall be of such size and design as to insure a practically continuous flow of concrete at the delivery end without separation of the materials. S. Deposit concrete as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. The conc,:eting _ shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the spaces between the bars. No concrete that has partially hardened or been contaminated by foreign material shall be deposited on the work, nor shall retempered concrete be used. 6. Before depositing new concrete on or against existing concrete, existing surfaces shall be thoroughly roughened and cleaned of foreign matter and loose particles, and coated with concrete adhesive. 7. Adequate concrete cylinders will be taken by the County to permit testing at 7 days and 28 days including at least one cylinder retained for testing as directed by the Engineer, beyond 28 days if specified minimum requirements have not been met at that time. 8. Concrete Finishes shall be as shown on plans. S. Electrical Work: a. All work and materials shall be in full accordance with the latest rules and regulations of National Electrical Code, California Title 23; and all applicable County and State laws or regulations and latest approved standards of I.E.E.E., A.S.A., N.E.M.A., U.L., and the local power company. Nothing in these plans or specifica- tions is to be construed to permit work not conforming to the above. b. Materials and installation shall be as shown on plans. -47- • FIRE COLLEGE -SITE IMPROVEMENTS TECHNICAL PROVISIONS CONTRACT I 5. TUectrical Work: (con't.) c. Re-paving of trenches through existing pavement shall be done in accordance with Section 3 of these Technical Provisions. 6. Storm Draina e: a. Materials 1. Pipe shall be non-reinforced concrete in accordance with Section 62-1.02A of the Standard Specifications. b. Installation shall be in accordance with Section 65 of the Standard Specifications. Drain inlet shall be pre-cast Concrete U23 with heavy-duty cast iron grate #71C422 by "Christy", or• equal. Contractor may construct an equivalent cast-in-place drain inlet. In any event the inlet floor shall be cast' in place in accordance with the invert grades shown on the .plans to provide a no-sump floor. -48- TALLY SHL•'ET FIRE COLLEGE: SITE I11PROVEMENTS (Contract I) Engineer's Estimate: $40,000 June 11, 1974 PLAN HOLDERS BID 1. 0. C. Jones & Sons Berkeley, CA. $ 2. Vanzin Engineering Los Altos, CA. $ 3. R. Flatland Co. San Mateo, CA. $ 4. Anderson Electric Co. ! San Leandro, CA. $ ! i S. Bay Cities Paving Grading Richmond, CA. $ 6. ' 7. $ 1 8. I • • PROOF OF PUBLICATION (2010, 2015.5 CCP) NOTICE TO CONTRACTOR (Type of Notice) CONTRACT I - FIRE COLLEGE SITE IMPROVEMENTS (Title of Matter) Nofin is hereby given by order of fh.loord of� � cors` of Co Costo CaKtty�shot Clark of said loord vvt Iii"" bids fo�tfte.�fumi rittl�d:oN lebor,�urelMiols •4!ipm•M' ,transpo/loftoln •f1y �f ,Con Rr••CAilp•Si» is( . Costo'Counttr��oNctiOrt Dfstriet) ted'•COflslrtlCti01/ COnKaCt+ � 1: (Action Number) ; �.. ` ZP t>.to occordanco ' j" , .. � file of the Ofioe . 03 " STATE OF CALIFORNIA ) `" aom . rt " COUNTY OF CONTRA COSTA ) wmw= I am a citizen of the United States, a resident of the County (tie } ser ( 01, .s aforesaid, and am over the age tsidfo to attt+s� '�°o� ty,/ldrtrhtistiatiitr. of 18 years and not a party to luildiir/ n`% tnustabsawomponi•d tsy�o certified cofhi•r s Or interested In the above chedcordietks orbid'bond'insthramoupttoftsymporos�f matter. I am ther i n c a 1 -i Th4i of th.bale b amountf mad.poyabte 7 order of P P "The eourillyonfra�`C� oaf shop b.sealbd`` �iil•d clerk of THE ROSSMOOR NEWS, a with thi, { tbo„50u04"rv(sors � newspaper of general 1 c i rcu la- ; lids 14bba�ettedaortxor t»fare �,t g 197A.t a `iifGbsap In ixiblic-at .tlme; •_ + tion, published on Thursday of d+• t ��� !� ' chomp aoom lay each week in the Cit of Walnut Admiius�rotion rftuildit> Martinez,:Contra tostafkCounty,? City wtotifnia`ond fiii rendand*•cord•d . � xs . Creek, State of California, and °Thr above,nentl«,` •dWds«witYsiwii„b.,�,q�wn,o: o� which newspaper has been o"O1" f�= £' d"- ""ilye"ter`�bfd,-&Cor an tf, _.awor edgthe�workand�wlll bo,forfpit•d by;the bider and decreed a newspaper of general rata"in•d by the county if;the succ•ssfut:bidd.r r�fuses.x' -k.�w• q �«. n circulation by the Superior neg6cts;or falijc• • Wci said,Contract o�toffumiih the Court in and for the Count of n«essorybondsafierbeir.yvrstdtodo€so,btr`tr»esoordu County of Supervisors ofSanf o Costo CountxYi �t t e Contra Costa, State of :Th•successful etdd•r vinll be i--' laboi and Mot•ria)brK�:tn an omount pool to fiftjr�pKpnt�,(SQ9�) California, on March 22, 1971, ofth.contractprk.endo.FoAQPprformortci�loridlnan entered in Judgment Book 376 amount*+goal to.ane hundrstdp�rcIantq(,t00�.� gFktfli.�Conai tract price.said bonds to bo`swuiad fro�rl�o' at page 8 thereof on March 24, outhorizid o,dobusinss.IntheStafeofaCon'i` 1971. The notice Of which the 9iddersanhintopnotifiedthat`pursuanffo:teStof�iNsoF' annexed is a printed copy (set tti.stofe.�ot coliQ.,�o.#locol:bw�opptkabl.rh'�rro tb. said ioaid hos astcrtotned the q•r�eral pr*voi�ingat� per. in type not smaller than non- d;en,woposondratesforlioolhoiidays�orKdurte,wwa[k� pa re i l) has been published In in the locality in which this;work is to b•perfonn•d� each each regular and entire issue typ.rof workman o�4nioF(wnic�r•quirdl' etr•cufe� tlis Contract whkh will be awarded tottlin successful biddar'Ths;» of said newspaper and not in piovailinprateofprdi•mways�rsonf�i•wieth•Clrkof; an Su lemerit thereof Ori the thM loardiof supervisors tki,r y PP The said bard resrrws tl»rrylp to r•l•st aryyorad di bids following dates, to wit: or oM60" �v portion of on1G bkl q id�br woiw aid q {lo itp t � MAY 22, 2 9, 19 74 o+y bid rgceigpd.No biddo moor witlsd�ow 61s�6id forFa poriod d»'fhtrfy`(30) doL offer thrdate`se' rer tdpenirig 14 it. I declare under penalty of lYoaial:aoFtlo^aQOF�� d OFCONTRAN�Y perjury that the foregoing is �� true and correct. Executed on MAY 302 1974 , at ' «�� r 'athliS000rd'd.S�6" icioaCT �tctof! � x'Caint�l Colifoinia Walnut Creek, California. .J~ a £ ltttAr i n•Rafhn _Lepol}RN,No 1 166�a Publish May 22.'29i,11974 •• • To and including May 27, 1971, and thereafter published Wednesday of each week starting June 2, 1971. F I L E 1) r{per 3 1197 J. P. OI.SON ARD OF SUPERVISORS RA COSTA CO. NOTTCtE TO CONTRAIW • (Adwti: ' . i Notice is hereby given by order of the Board of Supervisors of Contra Costa Country, that Clerk of said Board will receive bids for the furnishing of all labor, materials, equipment, transportation and services for Contract I - Fire College ! Site Improvements (Contra Costa County Fire Protection District) , Treat Boulevard, encor , } The estimated construction contract cost (Base' Bid) is $ 402000 i e Each bid is to be in accordance with the Drawings and Specifications on file at the Office of the Clerk of the Board of Supervisors, Room 103, County Administration Building, Martinez, California. The drawings and specifications may be examined at the office of the Clerk t of the Board of Supervisors or at the Public {forks Department, 6th Floor, County Administration Building. Plans and Specifications may be purchased at the Public Works Department , 1'r Floor, County Administration Building, upon payment of f Two doln,rs -ncl 13/Inn ($2.13)per set. (Includes 6�% sales tax.) Each bid shall be made on a bid form to be obtained at the Public Works Department, 6th Floor, County Administration Building, and must be accompanied by a certified cashier's check or checks, or bid bond in the amount of ten per cent (10%) of the base bid amount, made payable to the order of "The County of Contra Costa" and shall be sealed and filed with the Clerk of the Board of Supervisors. Bid proposals shall be submitted on or before _ June 11. 1974 at 11:00 a.m. and will be opened in public at the time due in the Board of Supervisors' Chambers, Room 107, Administration Building, Martinez, Contra Costa County, California, and there read and recorded. The above-mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be- forfeited by the bidder and retained by the County if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County. The successful bidder will be required to furnish a Labor and Material Bond . in an amount equal to fifty per cent (50/) of the Contract price and a Faithful Per- formance Bond in an amount equal to one hundred per cent (100%) of the Contract price, said bonds to be secured from a Surety Company authorized to do business in the State of California. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has ascertained the general prevailing rate of per diem wages and rates for legal holidays and overtime Work in the locality in which this work is to be performed for each type of workman 6r mechanic required to execute thq Contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. -F1 L F - E ® MA «; l Q' CLERK J R. O!S`ON BOARS O. SUP:R%1SOR; 8 ........CG. iR,�C � �O r� "^""" �. ut The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in- any bid received. No bidder may with- draw his bid for a period of thirty (30) days after the date set_ for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY J. R. Olsson County Clerk and Ex Officio Clerk of the Board of Supervisors, Contra Costa County, California Byr�Patten Deputy Dated: May 14, 1974 PUBLICATION DATES: IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approving Plans and ) Specifications for Site Improvements ) RESOLUTIO14 110. 74/427 (Contract 1) at the Contra Costa ) County Fire Protection District Fire ) College, Treat Boulevard, Concord, ) Work Order 5547. ) WHEREAS plans and specifications for Site Improvements (Con- tract 1) at the Contra Costa County Fire Protection District Fire College, Treat Boulevard, Concord, California, Work Order 5547, have been filed with this Board this day by the Public Works Director; and WHEREAS the general prevailing rates of wages, which shall be the ;minimum rates paid on this project, have been approved by this Board; and NOW, THEREFORE, BE IT BY THE BOARD RESOLVED that it DETERMINES that the aforesaid project will not have a significant effect on the environment, and the Director of Planning is DIRECTED to file a Notice of Determination with the County Clerk in connection therewith. BE IT FURTHER RESOLVED that said plans and specifications are hereby APPROVED; bids for the work will be received on Jure 11, 1974 at 11 a.m. ; and the Clerk of this Board is DIRECTED to publish Notice to Contractors in the manner and for the time required by law, invit- ing bids for said cork, said Notice to be published in the ROSSMOOR NEWS. PASSED AND ADOPTED this 14th day of May, 1974 by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. CERTIFIED COPY I cermv that thiz i.: a flea• true R co-reset copy U§' the nr:••;n l 1!6-um,•nt s on films t- rw office cc. Public Works D rec t.o !h" ;, ; :1't^t.,r n. h� , u; -rri m r. t'nn!r•t r'n:! Cn County Auditor i: �'.,:t, ,�::., ,�r�f::T: .>. is.�.,..r eH(nr�i•' untn Cir•rk �' r,ifio Clerk-'said Board of sup.•: isors. County Administrator ;,�. I,.,, t_,• t •,,,.1. RESOLUTION NO. 74/427 SPECIFICATIONS -for :CONTRA COSTA COUNTY FIRE PROTECTION• DISTRICT CONTRACT I - FIRE COLLEGE SITE IMPROVEMENTS Treat Boulevard, Concord, CA. .I Engineer Contra Costa County ti Public Works Department E Ij Building Projects Division t F ED MAY /,x, 1974 f i y , J. R. oLSSON 4 SUERVORS CIE;Z% BO �` TAP CO. DC u B t � Prepared for Victor W. Sauer, Director Public Works Department Contra Costa •County Sixth Floor Administration t Building f Martinez, California M • TABLE OF CONTENTS • DIVISION A. Notice to Contractors DIVISION B. Instructions to Bidders Section 1 Competence of Bidders Section 2 Securing Documents Section 3 Examination of Plans, Specifications, and Site of Work Section 4 State and County labor and Materials Requirement Section 5 Bidding Documents Section 6 Submission of Proposals Section 7 Withdrawal of Proposals Section 8 Public Opening of Proposals Section 9 Irregular Proposals Section 10 Competitive Bidding Section 11 Award of Contract Section 12 Special Requirements Section 13 Execution of Contract Section 14 Failure to Execute Contract DIVISION C. Performance Bond DIVISION D. Labor and Material Bond DIVISION E. Proposal (Bid Form) DIVISION F. Articles of Agreement DIVISION G. General Conditions Section 1 Definitions Section 2 Governing Laws and Regulations Section 3 Patents and Royalties Section 4 Contractor's Responsibility for Work and Public Utilities Section 5 Bond and Insurance Section 6 Subcontracting Section 7 Time of Work and Damages Section 8 Progress Schedule Section 9 Temporary Utilities and Facilities Section 10 Permits and Licenses Section 11 Conduct of Work Section 12 Responsibility for Site Conditions Section 13 Inspection Section 14 Rejection of Materials Section 15 Interpretation of Contract Documents Section 16 Clarifications and Additional Instructions Section 17 Deleted • Section 18 Product and Reference Standards Section 19 Materials, Articles, and Equipment Section 20 Shop Drawings, Descriptive Data, Samples, Alternatives -1- • GENERAL CONDITIONS DIVISION G. General Conditions (Con't.) Section 21 Samples and Tests Section 22 Change Orders Section 23 Labor Section 24 Occupancy by the County Prior to Acceptance Section 25 Preservation and Cleaning Section 26 Payment of 'Federal or State Taxes Section 27 Acceptance Section 28 Final Payment and Waiver to Claims Section 29 Guarantees DIVISION H. Special Conditions DIVISION I. Technical Conditions Section 1 Site Work Section 2 Concrete Section 3 Metals Section 4 Carpentry Section 5 Moisture Protection Section 6 Doors, Windows and Glass Section 7 Finishes Section 8 Mechanical j Section 9 Electrical } .. r -2- DIVISION A. NOTTCE TO C0NTP,%*)R (Advertisement-) Notice is hereby liven by order of the Board of Supervisors of Contra Costa i County, that Clerk of said Board will receive bids for the furnishing of all labor, i materials, equipment, transportation and services for _Contract I - Fire College +� 4 Site Improvements (Contra Costa County Fire Protection District) , Treat Boulevard, + Concord, CA. The estimated construction contract cost (Base Bid) is $ 402,000 Each bid is to be in accord.:nce with the Drawings and Specifications on file at the Office of the Clerk of the Board of Supervisors, Room 103, County Administration i Building, Martinez, California. 1 The drawings and specifications may be examined at the office of the Clerk of the Board of Supervisors or at the Public Works Department, 6th Floor, County Administration Building. Plans and Specifications may be purchased at the Public Works Department, 5t2 Floor, County Administration Building, upon payment of Two dollnrs ,ind 13/100 ($2.13)per set. (Includes 62-% sales tax.) Each bid shall be made on a bid form to be obtained at the Public Works Department, 6th Floor, County Administration Building, and must be accompanied by a { certified cashier's check or checks, or bid bond in the amount of ten per cent (10%) of the base bid amount, made payable to the order of "The County of Contra Costa" and shall be sealed and filed with the Clerk of the Board of Supervisors. Bid proposals shall be submitted on or before June 1S, 1974 at 11:00 a.m. and will be opened in public at the time due in the Board of Supervisors' Chambers, Room 107, Administration Building, Martinez, Contra Costa County, California, and there read and recorded. The above-mentioned bid security shall be given as a guarantee that the bidder will enter into a Contract if awarded the work, and will be. forfeited by the bidder and retained by the County if the successful bidder refuses, neglects, or fails to enter into said Contract or to furnish the necessary bonds after being requested to do so by the Board of Supervisors of Contra Costa County. The successful bidder will be required to furnish a Labor and Material Bond in an amount equal to fifty per cent (50/) of the Contract price and a Faithful Per- formance Bond in an amount equal to one hundred per cent (100`/.) of the Contract price, said bonds to be secured from a Surety Company authorized to do business in the State of California. Bidders are hereby notified that pursuant to the Statutes of the State of , California, or local law applicable thereto, the said Board has ascertained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of workman 6r mechanic required to execute thg Contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. -3- r NOTICE TO CONTRACTORS (Continued) The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. No bidder may with- draw his bid for a period of thirty (30) days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BY W. T. Paasch County Clerk and Ex Officio Clerk of the Board of Supervisors, Contra Costa County, California By Deputy Dated: PUBLICATION DATES: Rev. 12/72 -4- SECTION 3. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: (Con't.) of this article concerning the Contractor's responsibility for subsurface conditions, and bidders must satisfy themselves through their own investigations as to the actual conditions to be encountered. (b) RESPONSIBILITY FOR UTILITIES: As part of the responsibility stated in subdivision (a) above, and without limitation thereon, the Contractor shall be responsible at his own cost for any and all work, expense or special precautions caused or required by the existence or proximity of utilities encountered in performing the work, including without limitation thereon, repair of any or all damage and all hand or exploratory excavation required. The bidder is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and the ducts enclosing such cables, and when working or excavating in the vicinity thereof, the special precautions to be observed at his own cost shall also include the following: All such cables and their enclosure ducts shall be exposed by careful hand excava- tion so as not to damage the ducts or cables, nor cause injgry to persons, and suitable warning signs, barricades, and safety devices shall be erected as necessary or required. In connection with the foregoing, the bidder's attention is invited to Section 12 of Division G of these specifications. (c) DISCREPANCIES OR ERRORS: If omissions, discrepancies, or apparent errors are found in the plans and specifications prior to the date of bid opening, the bidder shall submit a written request for a clarification which will be given in the form of addenda to all bidders if time permits. Otherwise, in figuring the work, the bidders shall consider that any discrepancies or conflict between drawings and specifica- tions shall be governed by Section 15 of Division G of these specifications. SECTION 4. BIDDING DOCUMENTS (a) Bids shall be made upon the special Proposal (Bid Form) (See Section E of this Specification), with all items completely filled out; numbers shall be stated both in writing and in figures, the signatures of all persons signed shall be in longhand. The completed form should be without interlinea- tions, alterations or erasures, no alternative proposals. Additional copies of the Proposal (Bid Form) may be obtained from those supplying these specifications. (b) Bids shall not contain any recapitulation of the work to be done; alternative proposals will not be considered, unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. Rev. 12/72 -6- W NOTICE TO OONTRACTORS (Continued) The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. No bidder may with- draw his bid for a period of thirty (30) days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BY W. T. Paasch County Clerk and Ex Officio Clerk of the Board of Supervisors, Contra Costa County, California By Deputy Dated: PUBLICATION DATES: Rev. 12/72 -4- DIVISION B. INSTRUCTION TO BIDDERS: The bidder shall carefully examine the instructions contained herein and satisfy himself as to the conditions with which he must comply prior to bid in submitting his proposal, and to the conditions affecting the award of contract. SECTION I. COMPETENCE OF BIDDERS: (a) License: No bidder may bid on work of a kind for which he is not properly licensed, and any such bid received may be disregarded. (b) Bidders shall be experienced in the type of work for which they are bidding and shall, upon request of the County, submit to the County a written list of completed projects, with the name of the owner or contract officer indicated. SECTION 2. SECURING DOCUMENTS: (a) Drawings and Specifications may be secured at the place and for the deposit or fee as called out in the "Notice to Contractor", page 3. (b) The deposit, if called for in the "Notice to Contractor", page 3, is a guarantee that the Drawings and Specifications will be returned in good condition. (c) The fee, if called for in the "Notice to Contractor", page 3, is a non-refundable payment to defray a portion of the printing and handling costs. SECTION 3. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: The bidders shall examine carefully the site of the work, and the plans and specifications therefor. He shall investigate and satisfy himself as to conditions to be encountered, the character, quality, and quantity of surface, and subsurface materials or obstacles to be encountered, the work to be performed, and materials to be furnished, and as to the requirements of the proposal, plans, and specifications of the contract. where investigations of subsurface conditions have been made by the County in respect to foundation or other structural design, and that information is shown in the pians, said information represents only the statement by the County as to the character of material which has been actually encountered by it in its investigation, and is only included for the convenience of bidders. Investigations of subsurface conditions are made for the purpose of design, and the County assumes no responsibility whatever in respect to the sufficiency or accuracy of borings, or of the log of test borings, or other preliminary investigations, or of the interpretation therefor. There is no guarantee or warranty, either express or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unlooked for developments may not occur. Making such information avail- able to bidders is not to be construed in any way as a waiver of the provisions Rev. 12/72 -5- SECTION 3. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF THE WORK: (a) CONTRACTOR'S RESPONSIBILITY: (Con't.) of this article concerning the Contractor's responsibility for subsurface conditions, and bidders must satisfy themselves through their own investigations as to the actual conditions to be encountered. (b) RESPONSIBILITY FOR UTILITIES: As part of the responsibility stated in subdivision (a) above, and without limitation thereon, the Contractor shall be responsible at his own cost for any and all work, expense or special precautions caused or required by the existence or proximity of utilities encountered in performing the work, including without limitation thereon, repair of any or all damage and all hand or exploratory excavation required. The bidder is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and the ducts enclosing such cables, and when working or excavating in the vicinity thereof, the special precautions to be observed at his own cost shall also include the following: All such cables and their enclosure ducts shall be exposed by careful hand excava- tion so as not to damage the ducts or cables, nor cause injury to persons, and suitable warning signs, barricades, and safety devices shall be erected as necessary or required. In connection with the foregoing, the bidder's attention is invited to Section 12 of Division G of these specifications. (c) DISCREPANCIES OR ERRORS: If omissions, discrepancies, or apparent errors are found in the plans and specifications prior to the date of bid opening, the bidder shall submit a written request for a clarification which will be given in the form of addenda to all bidders if time permits. Otherwise, in figuring the work, the bidders shall consider that any discrepancies or conflict between drawings and specifica- tions shall be governed by Section 15 of Division G of these specifications. SECTION 4. BIDDING DOCUMENTS (a) Bids shall be made upon the special Proposal (Bid Form) (See Section E of this Specification), with all items completely filled out; numbers shall be stated both in writing and in figures, the signatures of all persons signed shall be in longhand. The completed form should be without interlinea- tions, alterations or erasures, no alternative proposals. Additional copies of the Proposal (Bid Form) may be obtained from those supplying these specifications. (b) Bids shall not contain any recapitulation of the work to be done; alternative proposals will not be considered, unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. Rev. 12/72 -6- SECTION 4. BIDDING DOCUMENTS: (Con't.) (c) List of Proposed Subcontractors: Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of h of 1 percent of his total bid, in accordance with Chapter 2, Division 5, Title 1, of the Government Code. See Section I of Division G of these specifications for definition of subcontractor. See Section 6 of Division G of these specifications for further reference to subcontractors. (d) Bidder's Security: All bids shall have enclosed cash, a cashier's check, certified check, or a bidder's bond, as described below, executed as surety by a corporation authorized to issue surety bonds in the State of California, made payable to "Contra Costa County", in an amount equal to at least 10 percent of the amount of the bid. No bid shall be considered unless one of the forms of bidder's security is enclosed therewith. SECTION 5. SUBMISSION OF PROPOSALS: Proposals shall be submitted to the Clerk of the Board of Super- visors of Contra Costa County at the place indicated on the bid proposal. It is the sole responsibility of the bidder to see that his bid is received in proper time. All proposals shall be submitted under sealed cover, plainly Identified as a proposal for the work being bid upon and addressed as directed In the Notice to Contractors and the bid proposal. Failure to do so may result In a premature opening of, or a failure to open such bid. Proposals which are not properly marked may be disregarded. SECTION 6. WITHDRAWAL OF PROPOSALS: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of such bid is filed with the Clerk of the Board of Supervisors of Contra Costa County. An oral, telegraphic, or telephonic request to withdraw a bid proposal is not acceptable. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid. This article does not authorize the withdrawal of any bid after the time fixed in the public notice for the opening of bids. SECTION 7. PUBLIC OPENING OF PROPOSALS: Proposals will be publicly opened and read at the time and place Indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. SECTION 8. IRREGULAR PROPOSALS: Proposals may be rejected if they show any alteration of Form, addi- tions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. if bid amount is changed after the amount is originally inserted, the change should be initialed. -7- SECTION IRREGULAR PROPOSALS: (Con't.) The County also reserves the right to accept any or all alternates and unit prices called for on the Bid Form and their order of listing on such form shall in no way indicate the order in which the bids may be accepted. SECTION 9• COMPETITIVE BIDDING: If more than one proposal be offered by any individual, firm, partnership, corporation, association, or any combination thereof, under the same or different names, all such proposals may be rejected. A party who has quoted prices on materials or work to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid directly for the materials or work. All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this contract is in violation of the competitive bidding requirements of the State law and may render void any contract let under such circumstances. SECTION 10. AWARD OF CONTRACT: The right is reserved to reject any and all proposals. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within 30 days after the opening of the proposals. SECTION 11 . SPECIAL REQUIREMENTS: The bidder's attention is invited to the following special pro- visions of the contract, all of which are detailed in the General Conditions (Division G) or other documents included in these specifications. (a) Bonds (b) Insurance (c) Liquidated Damages (d) Guarantee (e) Inspection and Testing of Materials (f) Facilities to be Provided at Site (g) Assignment of Contract Prohibited SECTION U. EXECUTION OF CONTRACT: The contract (example follows Page 18 ) shall be signed by the successful bidder in duplicate counterpart and returned within five (5) days of receipt, not including Saturdays, Sundays, and legal holidays, together with the Contract Bonds and Certificates of Insurance. No contract shall be binding upon the County until same has been executed by the Contractor and the County. Should the Contractor begin work in advance of receiving notice that the contract has been approved as above provided, any work performed by him will be at his own risk and as a volunteer unless said contract is so approved. Rev. 12/72 -8- SECTION 13. FAILURE TO EXECUTE CONTRACT: Failure to execute a contract and file acceptable bonds and certificates of insurance as provided herein within 10 days, not including Saturdays, Sundays, and legal holidays, after the successful bidder has received the contract for execution shall be just cause for the annulment of the award and the forfeiture of the bidder's security. If the successful bidder refuses or fails to execute the contract, the County may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses Ar fails to execute the contract, the County may award the contract to the third lowest responsible bidder. On the failure or refusal of the second or third lowest responsible bidder to whom any such contract is so awarded to execute the same, such bidders' securities shall be likewise forfeited to the County. The work may then be readvertised or may be constructed by day labor as provided by State law. -9- • • DIVISION C. PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS: The Board of Supervisors of the County of Contra Costa, State of California By Resolution passed , 19 , has awarded to hereinafter designated as the "Principal", a Contract for constructing and, WHEREAS, said Principal is required under the terms of said Contract and the Specifications therefor, to furnish a bond for the faithful performance of said Contract, NOW, THEREFORE, We, the principal, and as Surety, are held and firmly bound unto the said County of Contra Costa, State of California, in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the said County of Contra Costa, its officers, and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. Rev. 12172 -10- s PERFORMANCE BOND (Con't.) And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above- named, on the day of (To be signed by ) (Principal and Surety) Principal (and acknowledgment ) (and Notarial Seal to) By (be attached. ) Surety By The above bond is accepted and approved this day of , 19 The above bond is accepted and approved this day of , 19 Rev. 12/72 -11- DIVISION D. PAYMENT BOND (Labor and Material Bond) KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the Board of Supervisors, Contra Costa County, State of California by resolution passed , 19 , has awarded to designated as the "Principal," a contract for the work described as follows: WHEREAS, said principal is required by Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code to furnish a bond in connection with said contract: NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto Contra Costa County in the penal sum of Dollars ($ ), lawful money of the United States of America for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any person or persons named in Civil Code Section 3181 or fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor, then said Surety will pay for the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees, as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV, Chapter 7, (commencing at Section 3247) of the California Civil Code. -12- Rev. 12/72 This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claist under Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work, or to the specifications. IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of 19 Principal BY Surety By Attorney-in-Fact Rev. 12/72 -13- i • (Bidder) DIVISION E. PROPOSAL (Bid Form) BIDS WILL BE RECEIVED UNTIL the eleventh (11th) day of June, 1974 ' at 11:00 a.m., in The Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez, California. (A) TO. TI1E HONORABLE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Gentlemen: The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for Contract I - Fire College Site Improvements, Treat Boulevard, Concord CA. in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, Administration Building, Martinez, CA. 94553 for the following sums; namely: BASE BID: Shall include all of the work for the construction and completion of all facilities therein. For the sum of: Dollars ($ ) -14- DIVISION E. PROPOSAL (Bid Form) (con't.) UNIT PRICES: (To be complete in place including all Labor and Materials, equipment, profit, and overread) 1. For adding or deducting from the contract on a unit price I basis, asphalt paving as detailed per square foot, the sum of: I Dollars ($ ) i (B) It is understood that this bid is based upon completion of the work within forty-five (45) calendar days from and after the date of commencement. i (C) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the S stipulated time, then, he shall be liable to the County of Contra Costa in the amount of Fifty Dollars ($ 50.00 ) i per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and not as a penalty, it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. i (D) The undersigned has examined the location of the proposed work and is familiar with the Plans, Specifications and other contract documents and the local conditions at the place where the work is to be done. . i (E) The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. I I s f i i -15- DIVISION E. PROPOSAL (Bid Form) Cont. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or,indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. E3 Cash ❑ Bidders Bond ❑Cashiers Check ❑ Certified Check (I) The following addenda are hereby acknowledged as being included in the bid; Addendum # dated Addendum # dated Addendum # dated By Address Phone Licensed in accordance with an act providing for the registration of Con- tractors, Classification and License No. Dated this day of 19 Rev. 12/72 -16- The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, along with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGULAR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes ( ) No ( ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( ) 5. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -18- DIVISION E. PROPOSAL (Bid Form) Con't. (F) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from budding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. (G) Attached is a list of the names and locations of the place of business of the subcontractors. (H) Attached is bid security as required in the Notice to Contractors. ❑ Cash ❑ Bidders Bond ❑Cashiers Check ❑Certified Check (I) The following addenda are hereby acknowledged as being included in the bid: Addendum # dated Addendum # dated Addendum # dated By Address Phone Licensed in accordance with an act providing for the registration of Con- tractors. Classification and License No. Dated this day of , 19 Rev. 12172 -16- DIVISION E. PROPOSAL (Bid Form) Con t. LIST OF SUBCONTRACTORS• (As required by SECTION 12 - "SUBCONTRACTORS TO BE LISTED IN BID - SUBSTITUTION OF SUBCONTRACTORS", paragraphs (A), (B), and (C), of Instruction to Bidders). Portion of Work Name Place of Business Rev. 12/72 -17- The following questionnaire shall constitute an inclusion to the bid documents and shall be completed and attached to the Bid (Proposal) Form, aiong with the necessary attachments. Omission of the completed questionnaire from the Bid Form or failure to answer all applicable questions shall be grounds for rejection of bid in accordance with the Contract Documents, Division B. INSTRUCTION TO BIDDERS, Section 10 (Page 7) IRREGULAR PROPOSALS. Inclusion of this questionnaire is at the request of the State Attorney General. QUESTIONNAIRE TO GENERAL CONTRACTORS 1. Were bid depository or registry services used in obtaining subcontractor bid figures in order to compute your bid? Yes ( ) No ( ) 2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Yes ( ) No ( ) 4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ( ) No ( ) S. If the answer to No. 4 is "yes", please explain the following details: (a) Date: (b) Name of person or group: (c) Job involved (if applicable): (d) Nature of the threats: (e) Additional comments: (Use additional paper if necessary) Rev. 12/72 -18- DIVISION F. ARTICLES OF AGREEMENT (Contract) CONTRACT (Construction Agreement) (Contra Costa County Standard Form) 1. VARIABLES. These variables are Incorporated below by reference. (512.3) Parties: (Public Agency) (Contractor) (12) Effective Date: (Sea 54 for starting date.) (13) Tho Work: (14) Completion Time: . (strike out (a) or (b) "calendar" or "working`) (a) By (date) (b) within -coltadar/working days from starting date. (15) Liquidated Damages: S per calendar day. (16) Public Agency's Agent: (17) Contract Price: $ (for unit price contracts: more or less. in aecordaaew with finished quantities at unit bid prices.) (Strike out parenthetical material if inapplicable.) ' 2. SIGNATURES t ACKNOWLEDGMENT. Public Acenck by: (President or Chairman) (Secretary) Contractor, hereby also acknowledging awareness of and compliance with Labor Code 11661 concerning workmen's Compensation Law. Sy: !Designate official capacity in the business) Note to Contractor: f11 Execute acknowledgment form below; and (2) if a corpora- tion, attach a certified copy of the bylave, or of the resolution of the Board of Directors authorising execution of this contract and of the bonds required hereb!r. ------------------------------------------------------------------------------------------ State of California ) ACKNOWLEDGMENT (by Corporation. County of ) as. Partnership. or Individual) The person(s) signing above for Contractor, known to me in individual and business capacity as stated, personally appeared before oe today and acknowledged that he/they executed it and that the corporation or partnership named above executed it. Dated: (SEAL) _ Notary Public --------------------------------------------------------------------------"--------------- FORK APPROVED: .1. D. CLAUSEN. County Counsel, fv __Deputy (Page 1 of 4) -18a- (CC-1; Rev. 4-72) 3. WORK CONTRACT, CHA:;GES. (a) By their signatures in Section 2, effective on the above date, these partlys promise and agree as set forth in this contract, incorporating by these references the material ("variables") in Sec. 1. (b) Contractor shall, at his own cost and expense, .and In a workmanlike canner, fully and faithfully perform and complete this work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's play., drawings and specifications. (c) This work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Sec. 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the speci- fications or the Notice to Proceed; and shall complete It as specified in Sec. 1. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the rice fixed therefor, allowance being made for contingencies as provided herein, he becomes liable to the Public Agency for all its loss and damage therefrom; and because, from the nature of the case, it Is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay In performance hereof, It is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Sec. 1, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work; and If the same be not paid, Public Agency may, in addition to its other remedies, deduct the same from any money due or to become due Contractor under this con- tract. If the Public Agency for any cause authorizes or contributes to a delay, suspen- sion of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for noo-completion or delay hereunder. Pursuant to Government Code Sec. 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications, of any Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract; and they are intended to co-operate, so that anything exhibited in the plans or drawings and not mentioned in the specifications, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Sec. 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions. and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Sec. 1, except that in unit price contracts the payment shall be for finished quantities at unit bid prices. (b) On or about the first day of each calendar month the Contractor shall submit to the Public Agency a verified application for payment, supported by a statement showing all materials actually Installed during the preceding month, the labor expanded thereon. and the cost thereof; whereupon, after checking, the Public Agency shall issue to _ Contractor a certificate for the amount determined to be due, miaua 10% thereof pursuant to Governvent Code Sec. 53067, but not until defective work and materials have been removed, replaced and made good. _ S. PAYMENTS WITHHELD. (a) The Public Agency or its agent may withhold any payment, or because of later discovered evidence nullify all or any certificate for payment, to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied, or uncompleted work, (2) Claims filed or reasonable evidence Indicating probable filing, (3) Failure to properly pay subcontractors or for material or labor, (4) Reasonable doubt that the work can be completed for the balance then unpaid, or (5) Damage to another contractor. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it. so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire (Page 2 of 4) (CC-1; Rev. 4-72) -18b- work, !'t: t shall issue a certificate to the Contractor and pay the balance of the contract price atter deducting all amounts withheld under this contract, provided the Contractor shove that all claim for labor and materials hate been paid, no claims have been presented to the Public Agency based on acts or omissions of the Contractor, and no liens or vlthhold notices have been filed against the work or site, and provided there are not reasonable indicat Ions of defective or missing work or of late-recorded notices of liens or claims .g lost Contractor. a• 9. INSURANCE. (Labor Code 111860-61) On signing this contract, Contractor must give Public Agency (1) a certificate of consent to self-insure issued by the Director of Industrial Relations, or (2) a certificate of Workmen's Compensation insurance issued by an admitted insurer, or (3) an exact copy or duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Sec. 3700 and the Workmen's Compensation Lay. 10. BONDS. On signing this contract Contractor shall deliver to PublicAgency. for approval good and sufficient.bonds with sureties, in amount(s) specified in the specifi- cations, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply sufficient materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency. the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognise the applicability of various federal, state and local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Sec. 1720, and including Seca. 1735 6 1777.6 forbidding dis- crimination) and Intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided In the Labor Code, especially in Secs. 1775 i 1813, concerning prevailing wages and hours, shall apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Government Code 114100-4113 are Incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Sec. 1773, the governing body of the Public Agency has ascertained the general prevailing rates of wages per diem, and for holiday and overtime work, in the locality in which this work Is to be performed, for each craft, classification, or type of workman needed to execute this contract, and said rates are as specified in the call for bids for this work and are on file with the Public Agency, and are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours con- stituting the working day. When less than that number of hours are worked, the daily wage rate Is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors, must pay at least these rates to all persons on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If It becomes neces- sary for the Contractor or any subcontractor to employ any person in a craft, classifi- cation or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimum wage rate is specified, the Contractor shall immediately notify the Public Agency which shall promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor In one calendar day constitutes a legal day's work, and no workman employed at any time on this work by the Contractor or by any sub- contractor shall be required or permitted to work longer thereon except as provided In Labor Code Seca. 1810-1815. 16. APPRENTICES. Properly Indentured apprentices may be employed on this work in accordance wlth Labor Code Sec— 1777.5, and 1777.6 on non-discrimination. (Page 3 of 4) CC-1; Rev. 4-72) -18c- 17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy ofContra Costa County, and the Contractor therefore promises to use the products, workmen, laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIG::4ENT. This agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in whole or in part, nor any monles due or to become due under it. without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless- they have wilved notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS 6 INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions, officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, deatii, property damage, inverse condemnation, or any combination of these, regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and including the defense of any suit(s) or action(s) at law or equity concerning these. (d) The actions causing Liability are any act or omission (negligent or non- negligent) in connection with the matters covered by this contract and attributable to the contractor, subcontractor(s), or any officer(.), agent(s) or employee(s) of one or more of them. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemaltee has prepared, supplied, or approved any plan(s) or specification(s) in connection with this work, has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negli- gent or willful misconduct of any Indemnitee. (Page 4 of 4) CC-1; Rev. 4-72) -18d- DIVISION G. GENERAL CONDITIONS SECTION 1. Definitions: Whenever the following terms, pronouns in place of them, or initials of organizations appear in the contract documents, they shall have the following meaning: Addendum--A document issued by the County during the bidding period which modifies, supersedes, or supplements the original contract documents. Agreement--The written document of agreement, executed by the County and the Contractor. Architect or Engineer--Shall mean the architect, engineer, individual or co-partnership, employed by the County of Contra Costa; as designated on the title sheet of these specifications. When Contra Costa County is designated as the Engineer, Engineer shall mean Victor W. Sauer, Public Works Director, or his authorized representative. Bidder--Any individual, partnership, corporation, association, joint venture, or any combination thereof, submitting a proposal for the work, acting directly, or through a duly authorized representative. Board of Supervisors--Shall mean the duly elected or appointed officials who constitute such a Board, who will act for the County in all matters pertaining to the Contract. Change Order--Is any change in contract time or price and any change in contract documents not covered by substitutions, submittals, or field orders. (See Section 21). Project Inspector, Construction SuSu ep rvisor, Inspector, or Clerk of the Works shall mean the authorized agent of the � Countyat t—fite of tTie— vork. Contract--The contract is comprised of the contract documents. Contract Documents--The contract documents include the agreement, notice to contractors, instructions to bidders, proposal, plans, general condi- tions, supplementary general conditions, specifications, contract bonds, addenda, change orders, and supplementary agreements. Contractor--Thu individual, partnership, corporation, associa- tion, joint venture, or any combination thereof, who has entered into a contract with the County. County--Shall mean the County of Contra Costa, a political subdivision of the State of California and party of the first part, or its duly authorized agent acting within the scope of their authority. Field Order--Is an instruction given during the course of the work, not involving s change in contract time or price. (See Section 16B). General Notes--The written instructions, provisions, conditions or other requirements appearing on the drawings, and so identified thereon, which pertain to the performance of the work. Rev. 12/72 -19- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 1, Definitions (Coni.) Plans -- The official drawings including plans, elevations, sections, detail drawings, diagrams, general notes, information and schedules thereon, or exact reproductions thereof. adopted and approved by the County showing the location, character, dimension, and details of the work. Specifications -- The instructions. provisions. conditions and detailed requirements pertaining to the methods and manner of performing the work, or to the qualities and quantities of work to be furnished and installed under this contract. Subcontractor -- An individual, partnership, corporation. association, joint venture, or any combination thereof, who contracts with the Contractor to perform work or labor or render service in or about the work. The term subcontractors shall not include those who supply materials only. Superintendent -- The representative of the Contractor who shall be present at the work site at all times during performance of the work. Such Superintendent shall at all times be fully authorized to receive and act upon instructions from the Architect or his authorized agents and to execute and direct the work on behalf of the Contractor. Supplementary Agreement -- A written agreement providing for alteration, amendment, or extension of the contract. Work -- The furnishing and Installing of all labor, materials articles, supplies and equipment as specified. designated, or required by the contract. SECTION 2. GOVERNING LAWS AND REGULATIONS: A. The Contractor shall keep informed of and observe, and comply with and cause all of his agents and employees to observe and comply with all prevailing Federal and State laws, local ordinances, and rules and regulations made pursuant to said laws, which In any way affect the conduct of the work of this contract. B. All work and materials shall be in full accordance with the latest rules and regulations of the Uniform Building Code, the State Fire Marshal, the Safety Orders of the Division of Industrial Safety, the National Electric Code, the Uniform Plumbing Code published by the Western Plumbing Officials Association, and other applicable State laws or regulations. Nothing In these Plans or Specifications is to be construed to permit work not conforming to these Codes. The Contractor shall keep copies of Codes on job at all times during construction period. Rev. 9/72 _��_ DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 2. GOVERNING LAWS AND REGULATIONS: (Con't.) C. Excerpts from Section 6422 of the Labor Code of the State of California are included below. The contractor shall comply fully with this section of the Labor Code as applicable. "No contract for public works involving an estimated expenditure in excess of $25,000.00 for the excavation of any trench or trenches five feet or more in depth, shall be awarded unless it contains a clause requiring submission by the Contractor and acceptance by the awarding body or by a registered civil or structural engineer, employed by the awarding body, to whom authority to accept has been delegated, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. "Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. "Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. "The terms 'public works' and 'awarding body', as used in this section shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively.'- SECTION 3. PATENTS AND ROYALTIES: A. The Contractor shall provide and pay for all licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the work. Certificates showing the payment of any such licenses or royalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by the Contractor and delivered to the County on com- pletion of the work, if required. -21- Rev. 12/72 SECTION 4. CONTRACTOR'S RESPONSIBILITY FOR WORK AND PUBLIC UTILITIES: A. The Work Until the formal acceptance of the work by the County, the Contractor shall have the charge and care thereof and shall bear the risk of Injury or damage to any part of the work by the action of the elements or from any other cause except as provided in Section 23. The Contractor. at Contractor's cost, shall rebuild, repair, restore, and make good all such damages to any portion of the work occasioned by any of such causes before its acceptance. B. Public Utilities: a. The Contractor shall send proper notices, make all necessary arrangements, and perform all other services required in the care and maintenance of all public utilities. The Contractor shall assume all responsibility concern- ing same for which the County may be liable. b, Enclosing or boxing in, for protection of any public utility equipment. shall be done by the Contractor. Upon completion of the work, the Contractor shall remove all enclosures, fill in all openings in masonry, grouting the same watertight, and leave in a finished condition, c. All connections to public utilities shall be made and maintained in such manner as not to interfere with the continuing use of same by the County during the entire progress of the work. SECTION S. BOND AND INSURANCE: A. The contractor to whom the work is awarded shall within five (S) working days after being notified enter into a contract with the owner on the Contra Costa County Standard Form for the work in accordance with the drawing and Specifications, shall furnish and file at the same time labor and material and faithful performance bonds as set forth in the advertisement for bids. on a form acceptable to the County. B. COMPENSATION INSURANCE: The Contractor shall take out and maintain during the life of this Contract adequate Workman's Compensation Insurance for all his employees employed at the site of the project, and in case any work is sublet, the Contract shall require the subcontractor similarly to provide Workmen's Compensation Insurance for the latter's employees, unless such employees are covered by the protection afforded by the Contractor. Rev. 1272 -22- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 5. BOND AND INSURANCE: (Con't.) In case any class of employee engaged in hazardous work under the Contract at the site of the project is not protected under the Workmen's Compensation statute, or in case there is no applicable Workman's Compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of his employees not otherwise protected. C. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance, naming Contra Costa County as an additional insured, as shall protect him and any subcontractor performing work covered by this Contract, from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $250,000.00 for injuries, including wrongful death, to any one person, and, subject to the same limit for each person, in an amount not less than $500,000.00 on account of one accident, and property damage insurance in an amount not less than $50,000.00. The Contractor shall submit a Certificate of Liability Insurance which shall include the "hold harmless" agreement as required in the Articles of Agreement. D. FIRE INSURANCE: The Contractor shall carry fire and extended coverage insurance naming Contra Costa County as an additional insured duri.ig the period of construction of the work in an amount not less than the total amount of the progress payments received by him from Contra Costa County, less the amount paid to him on account of excavation and foundations. E. CERTIFICATES OF INSURANCE: Certificates of such Workmen's Compensation, Public Liability, Property Damage Insurance, and Fire Insurance, shall be filed with the County and shall be subject to County approval for adequacy of protection. All certificates shall indicate that Contra Costa County has been named as an additional insured. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled until at least ten days'prior written notice has been given to Contra Costa County. F. PERFORMANCE BOND: One bond shall be in the amount of One Hundred per cent (100%) of the Contract, and shall insure the Owner during the life of the Contract and for the term of one (1) year from the date of acceptance of the work against faulty or improper materials or workmanship that may be discovered during that time. Rev. 12/72 -23- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 5. BOND AND INSURANCE: (Con't.) G. LABOR AND ALITERIALS BOND: One bond shall be in the amount of fifty per cent (50'.) of the Contract price, and shall be in accordance with the lava of the State of California to secure the payment of all claims for labor and materials used or consumed in the performance of this Contract and of all amounts under the Unemployment Insurance Act. SECTION 6. SUBCONTRACTING: A. The Contractor shall be responsible for all work performed under this contract, and no subcontractor will be recognized as such. All persons engaged in the work will be considcred as employees of the Contractor. B. The Contractor shall give his personal attention to the ful- fillment of this contract and shall keep the work under his control. When any subcontractor fails to prosecute a portion of the work in a manner satisfactory to the Architect or Engineer , the Contractor shall remove such subcontractor immediately upon written request of the Architect or Engineer and he shall not again be employed on the work. C. Although the specification sections of this contract may be arranged according to various trades, or general grouping of work, the contractor Is not obligated to sublet the work in such manner. The County will not entertain requests to arbitrate disputes among subcontractors or between the Contractor and one or more subcontractors concerning responsibility for performing any part of the work. D. Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. E. Substitution of Subcontractors: Contractor shall not substitute any person or subcontractor in place of a subcontractor listed in his bid proposal without the written approval of the County. Substitution of subcon- tractors must be in accordance with the provisions of the "Subletting and Sub- contracting Fair Practices Act" beginning with Section 4100 of the Government Code. Violations of this Act by the Contractor may subject him to penalties which may include cancellation of contract, assessment of 10 per cent of the subcontractor's bid, and disciplinary action by the Contractors' State License Board. SECTION 7. TIME OF WORK AND DAMAGES: A. The County will designate the starting day of the contract on which the Contractor shall immediately begin and thereafter diligently prosecute the work to completion. The Contractor obligates himself to complete the work on or before the date, or within the number of calendar days, set forth in the Proposal (Bid Form) for completion, subject only to such adjustment of time as may be set forth in this article or pursuant to Section 21. Rev. 12172 -24- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 7. TIME OF WORK AND DAMAGES: (Con't.) B. If the work-is not completed with the time required, damage will be sustained by the County. It is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the County will sustain by reason of such delay; and it is therefore agreed that the Contractor will pay to the County the sum of money stipulated per day in the Specifications for each and every day's delay in finishing the work beyond the time prescribed. If the Contractor fails to pay such liquidated damages the County may deduct the amount thereof from any money due or that may become due the Contractor under the contract. C. The work shall be regarded as completed upon the date the County has accepted the same in writime. D. If it appears to the Contractor that he will not complete the work in the stated time, he shall make written application to the County as soon as he so determines, but at least ten (10) calendar days prior to the expiration of the time for completion, stating the reasons why an extension should be granted and the amount of extension desired for each reason. The County may, then, in its discretion grant or deny such extension. E. Any money due, or to become due the Contractor, may be retained to cover said liquidated damages and should such money not be sufficient to cover such damages, the County shall have the right to recover the balance from the Contractor or his sureties. F. Should the County, for any cause, authorize a suspension of work, the time of such suspension will be added to the time allowed for comple- tion. Suspension of work by order of the County shall not be deemed a waiver of the claim of the County for damages for non-completion of the work after the adjusted time as required above. SECTION 8. PROGRESS SCHEDULE: Within three weeks after the Contractor has been notified to start work, he shall submit to the County a practicable progress schedule of operations on a chart form approved by the County. The schedule of operations shall show the order in which the Contractor proposes to carry out the work, the dates on which he will start each major subdivision of the work, and the contemplated dates of completion of such subdivision. When required by the County, the Contractor shall submit an adjusted progress schedule on the approved form to reflect changed conditions. SECTION 9. TEMPORARY UTILITIES AND FACILITIES: A. All water used on the work will be furnished and paid for by the Contractor. The Contractor shall furnish the necessary temporary piping from the distribution point to the points on the site where water is necessary to carry on the work and upon completion of the work shall remove all temporary piping. Rev. 12/72 -25- DIVISION C. GENERAL CONDITIONS (Con't.) SECTION 9. TEMPORARY UTILITIES AND FACILITIES: (Con't.) B. The Contractor, at his own cost. shall furnish and Install all meters. all electric light and power equipment and wiring. all gas meters. Ras equipment and piping that is necessary to perform his work and shall remove the same upon the completion of the work. The Contractor shall pay for all power, light and gas used in the construction work. C. The Contractor shall furnish, wire for, install and maintain temporary electric light wherever it is necessary to provide illumination for the proper performance and/or inspection of the work. The lighting shall pro- vide sufficient illumination and shall be so placed and distributed that these Specifications can be easily read in every place where said work is being per- formed. This temporary lighting equipment may be moved about but shall be maintained throughout the work, available for the use of the Engineer, project Inspector, or any other authorized representative of the County whenever required for inspection. D. The Contractor shall provide and maintain for the duration of the work, temporary toilet facilities for the workmen. These facilities shall be of an approved type conforming to the requirements of the County Health Department, and shall be weather-tight structures with raised floors. Structures are to have adequate light and ventilation and door equipped with latch or lock. Contractor shall service such facilities daily, maintaining same in a clean and sanitary condition. Portion of site occupied by toilet facilities shall be graded and cleaned up upon removal of facilities when so ordered and/or upon completion of work. E. See Special Conditions for Variations to the above requirements. SECTION 10, PERMITS AND LICENSES: A. Within incorporated cities. the Contractor shall obtain all permits, and all licenses. that are required for the performance of his work by all laws. ordinances, rules, regulations, or orders of any officer and/or body lawfully empowered to make or issue the same and having jurisdiction. and shall rive all notices necessary in connection therewith and pay all fees lawfully required relating thereto and all costs and expenses lawfully incurred on account thereof. The Contractors attention is called to Health and Safety Code Section 14132.9. which states that one public jurisdiction may not charge for building permits for another public jurisdiction. B. Within the unincorporated area of Contra Costa County, the Contractor shall obtain all permits, and all licenses that are required for the performance of his work by all laws. ordinances, rules, regulations, or orders of any officer and/or body lawfully empowered to make or issue the same and having jurisdiction, and shall give all notices necessary in connection therewith. There will be no charge to the Contractor for permits issued by the County Building Inspector. Rev. 12/72 -26- ,i" DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 11. CONDUCT OF WORK: A. The Contractor shall observe that the County reserves the right to do other work in connection with the project by Contract or otherwise, and he shall at all times conduct his work so as to impose no hardship on the County or others engaged in the work. He shall adjust, correct and coordinate his work with the work of others so that no discrepancies shall result in the whole work. B. The Contractor shall provide an adequate work force, materials of proper quality, and equipment to properly carry on the work and to insure completion of each part in accordance with his schedule and with the time agreed. C. The Contractor shall personally superintend the work and shall maintain a competent superintendent or foreman at all times empowered to act in all matters pertaining to the work. D. Daily manpower reports shall be signed by the Contractor, or his Superintendent, and submitted weekly. E. Unless otherwise specified, the Contractor shall clear all obstructions and prepare the site ready for the construction. He shall verify dimensions and scale of plot plans, and shall check all dimensions, levels, and construction. F. Where work of one trade joins, or is on other work, there shall be no discrepancy or incomplete portions when the total project is complete. In engaging one kind of work with another, marring or damaging same will not be permitted. Should improper work of any trade be covered by another which results in damage, or defects, the whole work affected shall be made good by the Contractor without expense to the County. G. The Contractor shall anticipate the relations of the various trades to progress of the work and shall see that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking for each trade shall be a part of same, except where stated otherwise. H. Proper facilities shall be provided at all times for access of the County representatives to conveniently examine and inspect the work. I. Watchmen, at Contractor`s option, shall be maintained during the progress of the work as required, at the expense of the contractor. SECTION 12. RESPONSIBILITY FOR SITE CONDITIONS: The following shall constitute exceptions, and the sole exceptions, to the responsibility of the Contractor set forth in Section 4, in the Instructions to Bidders: A. If during the course of the work the Contractor encounters active utility installations which are not shown or indicated in the plans or in the specifications, or which are found in a location substantially Rev. 12172 -27- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 12, RESPONSIBILITY FOR SITE CONDITIONS: (Con't.) different from that shown. and such utilities are not reasonably apparent from visual examination, then he shall promptly notify the County in writing, Where necessary for the work of the contract, the County shall issue a written order to the Contractor to make such adjustment, rearrangement. repair, removal. alteration, or special handling of such utility. including repair of the damaged utility. For the purposes of the foregoing, "active" shall mean other than abandoned. and "utility installations" shall include the following: Steam. petroleum products. air. chemical. water, sewer, storm water. gas. elec- tric, and telephone pipe lines or conduits. The Contractor shall perform the work described In such written order and compensation therefor will be made in accordance with Section 21, relating to changes in the work. Except for the items of cost specified in such Sections, the Contractor shall receive no compensation for any other cost. damage or delay to him due to the presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions from the County, then he shall be liable for any or all damage to such utilities or other work of the contract which arises from his operations subsequent to discovery thereof. and he shall repair and make good such damage at his own cost. B. If the contract requires excavation or other work to a stated limit of excavation beneath the surface. and if during the course of the work the County orders a change of depth or dimension of such subsurface work due to discovery of unsuitable bearing material or for any other cause, then adjustment In contract price for such change will be made in accordance with Section 21. Except for the items of cost specified therein. the Contractor shall receive no compensation for any other cost, damage, or delay to him due to the presence of such unsuitable bearing material or other obstruction. SECTION 13, INSPECTION: A. The Contractor shall at all times permit the County and their authorized agents to visit and inspect the work or any part thereof and the shop@ where work is in preparation. This obligation shall include maintaining proper facilities and safe access for such inspection, where the contract requires work to be tested, it shall not be covered up until inspected and approved by the County, and the Contractor shall be solely responsible for notify- ing the County where and when such work is in readiness for inspection and testing. Should any such work be covered without such test and approval, it shall be uncovered at the Contractor's expense. B. Whenever the Contractor intends to perform work on Saturday. Sunday, or a legal holiday. he shall give notice to the County of such intention at least two working days prior to performing such work, or such other period as may be specified, no that the County may make necessary arrangements. Rev. 12172 -28- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 14, REJECTIONS OF MATERIALS: A. The Contractor shall promptly remove from the premises all materials condemned by the County as failing to conform to the Contract, whether incorporated in the work or not, and the Contractor shall promptly replace and reexecute his own work in accordance with the Contract and without expense to the County and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal. B. If the Contractor does not remove such condemned work and materials within reasonable time, fixed by written notice, the County may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expenses of such removal within ten (10) days there- after, the County may upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof after deducting all costs and expenses that should have been borne by the Contractor. SECTION 15, INTERPRETATION OF CONTRACT REQUIREMENTS: A. Correlation: The contract documents shall be interpreted as being complementary in requiring a complete work ready for use and occupancy or, if not to be occupied, operation. Any requirement occurring in any one of the documents is as binding as though occurring in all. B. Conflicts in the Contract Documents: In the event of conflict In the contract documents, the priorities stated in subdivisions 1, 2, 3, and 4 below shall govern: 1. Addenda shall govern over all other contract documents, except the County's Standard Form Agreement unless it is specifically indicated that such addenda shall prevail. Subsequent addenda shall govern over prior addenda only to the extent specified. 2. In case of conflict between plans and specifications, the specifications shall govern. 3. Conflict within the Plans: a. Schedules, when identified as such, shall govern over all other portions of the plans. b. Specific Notes, shall govern over all other notes and all other portions of the plans. c. Larger scale drawings shall govern over smaller scale drawings. d. Figured or numerical dimensions shall govern over dimensions obtained by scaling. Rev. 12/72 -29- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 15, INTERPRETATION OF CONTRACT REQUIREMENTS: (:on't.) 4. Conflicts within the Specifications: a. The "General Conditions of the Contract" shall govern over all sections of the specifications except for specific modifications thereto that may be stated in the Special Conditions. b. Omissions: If the contract documents are not complete as to any minor detail of a required construction system or with regard to the manner of combining or installing of parts, materials, or equipment, but there exists an accepted trade standard for good and workmanlike construction, such detail shall be deemed to have been impliedly required by the contract documents in accordance with such standard. "Minor detail" shall include the concept of substantially identical components, where the price of each such component is small even though the aggregate cost or importance is substantial, and shall include a single component which is incidental, even though Its cost or importance may be substantial. The quality and quantity of the parts or material so supplied shall conform to trade standards and be compatible with the type, composition, strength, size, and profile of the parts or materials otherwise set forth in the contract documents. SECTION 16. CLARIFICATIONS AND ADDITIONAL INSTRUCTION: A. Notification by Contractor: Should the Contractor discover any conflicts, omissions, or errors in the contract documents or have any question concerning interpretation or clarification of the contract documents, or if it appears to him that the work to be done or any matters relative there- to are not sufficiently detailed or explained in the contract documents, then, before proceeding with the work affected, he shall immediately notify the County in writing through the Construction Supervisor, and request Interpreta- tion, clarification or furnishing of additional detailed instructions concerning the work. All such questions shall be resolved and instructions to the Contractor issued within a reasonable time by the County, whose decision shall be final and conclusive. Should the Contractor proceed with the work affected before receipt of Instructions from the County, he shall remove and replace or adjust any work which is not in accordance therewith and he shall be responsible for any resultant damage, defect or added cost. B. Field Orders: During the course of the work the Architect and/or Engineer may issue Field Orders regarding the work. These Field Orders will supplement the Plans and Specifications in order to clarify the intent of the contract documents by adjustment to meet field conditions or to make the various phases of the work meet and join properly. A Field Order involves no change in contract time or price. Performance, partially or in full, of a Field Order shall constitute a waiver of claim for a change in contract time or price for the work covered by the Field Order, unless a Change Order has been issued. C. Change Orders: See Section 21, this Division. Rev. 12/72 -30- z DIVISION G. GENERAL CONDITIONS (Coa't.) SECTION 17. PRODUCT AND REFERENCE STANDARDS: A. Product Designation: When descriptive catalogue designations, including manufacturer's name, product brand name, or model number are referred to in the contract documents, such designations shall be considered as being those found in industry publications of current issue at date of first invitation to bid. B. Reference Standards: When standards of the Federal Government, trade societies, or trade associations are referred to in the contract documents by specific date of issue, these shall be considered a part of this contract. When such references do not bear a date of issue, the current published edition at date of first invitation to bid shall be considered as part of this contract. SECTION 18. MATERIALS, ARTICLES, AND EQUIPMENT: A. Material shall be new and of quality specified. When not particularly specified, material shall be the best of its class or kind. The Contractor shall, if required, submit satisfactory evidence as to the kind and quality of material. Price, fitness and quality being equal, preference shall be given to products made in California, in accordance with Section 4380 et seq., of the Government Code, State of California. B. Mechanical equipment, fixtures and material shall be delivered in original shipping crates to the job site and the County shall be notified of the receipt of such equipment, fixtures and material before uncrating. The County will, when desired, inspect such equipment, fixtures or material to determine any damage or deviation from that specified. Items damaged during delivery shall be rejected. C. Wherever the name or brand of a manufacturer's article is specified herein, it is used as a measure of quality and utility or a standard. If the Contractor desires to use any other brand or manufacture of equal quality and utility to that specified, he shall make application to the County in writing for any proposed substitutions. Such application shall be accompanied by evidence satisfactory to the County that the material or process is equal to Rev. 12/72 -31- DIVIUCIN GENERAL C(IN'DITIONS (Con't.) SICTU N 18, MATERIALS. ARTICLES, AND EQUIPMENT: (Con't.) that specified. Request for substitution shall be made in ample time for the County's consideration as no delay or extra time will be allowed on account thereof. Evidence furnished to the County by the Contractor shall consist of adequate size samples of material, testing laboratory reports on material or process, manufacturer's specification data, field reports on product's approval and use by other public agencies, material costs, and installation costs and maintenance provisions and experience or other data as required by the County, The County's decision concerning the refusal or acceptance of proposed substitute for that .specified shall be accepted as final. Requests for substitution will only be considered when offered by the Contractor with the reason for substitution. railure to submit competent evidence as required and requested by County shall be considered grounds for refusal of substitution. The Contractor shall include n notice of change in contract prices, if substitution is approved. D. All materials shall be delivered so as to insure a speedy and uninterrupted progress of ti!e work. Same shall be stored so as to cause no obstruction, and so as to prevent overloading of any portion of the structure, and the Contractor shall be entirely responsible for damage or loss by weather or other cause. E. Within fifteen (15) days after the sixninx of the Contract, the Contractor shall submit for approval to the County a complete list of all materials it is proposed to use under this Contract, which differ in any respect from materials specified. This list shall include all materials which are proposes' by the subcontractors as well as by himself for use in work of his Contract and which are not specifically mentioned In the Specifications. This list must also include the figures received by the Contractor in bid .form for the material or materials which are submitted for approval or substitution, together with the figures in bid form of the specified material or materials for which substitutions are proposed. In case a substitute Is offered and accepted as approved equal to materials specified, the cost of which is less than the cost of the material or equipment specified, then a credit shall be taken for the difference between the two costs in order that the County shall obtain whatever benefits may be derived from the substitution. Failure to propose the substitution of any article within thirty-five (35) days after the signinx of the Contract may be deemed sufficient cause for the denial of request for substitution. SECTION 19 SHOP DRAWINGS, DESCRIPTIVE DATA, SAMPLES, ALTERNATIVES: A. The Contractor shall submit promptly to the County, so as to cause no delay in the work. all shop drawings. descriptive data and samples for the various trades as required by the specifications, and offers of alter- natives. If any. Such submittals shall be checked and coordinated by the Contractor with the work of other trades involved before they are submitted to the County for examination. Rev. 12/72 -32- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 19. SHOP DRAWINGS, DESCRIPTIVE DATA, SAHPLES,ALTERNATIVES: (Con't.) B. The Contractor shall submit to the County shop or diagram drawings in the number of copies as required in submittal schedule, or five (5) copies if no schedule is included in these documents. The drawings shall show completely the work to be done; any error or omission shall be made good by the Contractor at his own expense, even though the work be installed before same becomes apparent, as approval by the County covers general layout only. Fabrication, details and inspection shall conform to approved Contract Drawings. C. Descriptive Data: Submit sets of manufacturer's brochures or other data required by the specifications in the number of copies as required in submittal schedule, or five (5) copies if no schedule is included in these documents. The County will examine such submittals, noting thereon corrections, and return three copies with a letter of transmittal indicating actions taken by the County or required of the Contractor. D. Samples: Submit samples of articles, materials or equipment as required by the specifications. The work shall be in accordance with the approval of the samples. Samples shall be removed from County property when directed. Samples not removed by the Contractor, at the County's option, will become the property of the County or will be removed or disposed of by the County at Contractor's expense. E. Alternatives: For convenience In designation on the plans or in the specifications, certain materials, articles, or equipment may be designated by a brand or trade name or the name of the manufacturer together with catalog designation or other identifying information, hereinafter referred to generically as "designated by brand name". An alternative material. article. or equipment which is of equal quality and of the required characteristics for the purpose intended may be proposed for use provided the Contractor complies with the following requirements: 1. The Contractor shall submit his proposal for an alternative In writing within the time limit designated in the specifications, or if not designated, then within a period which will cause no delay In the work. 2. No such proposal will be considered unless accompanied by complete information, and descriptive data, necessary to determine the equality of the offered materials, articles, or equipment. Samples shall be provided when requested by the County. The Contractor shall note that the burden of proof as to the comparative quality or suitability of the offered materials, articles, or equip- ment shall be upon the Contractor. The County shall be the sole judge as to such matters. In the event that the County rejects the use of such alternative materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished. 'h ,' Rev. 12/72 -33- DiVIS UIN' G. CENEPAL CCNDITIGNS (Con't.) 3ECfIL1 19. SHOP DRAWINGS DESCRIPTIVE DATA SAMPLES. ALTERNATIVES: (Con't.) The Countv will examine, with reasonable promptness, such submittals, and return of submittals to the Contractor shall not relieve the Contractor from responsibility for deviations and alternatives from the contract plans and specifications, nor shall it relieve him from responsibility for errors in the submittals. A failure by the Contractor to Identify in his letter of transmittal material deviations from the plans and Specifications shall void the submittal and any action taken thereon by the County. When specifically requested by the County, the Contractor shall resubmit such shop drawings, descriptive data, and samples as may be required. If any mechanical, electrical, structural, or other changes are required for the proper installation and fit of alternative materials. articles, or equipment, or because ofdeviations from the contract plans and specifications, such changes shall not be made without the consent of the County and shall be made without additional cost to the County, SECTION 20, SAMPLES AND TESTS: The Contractor shall cause to be performed at his own expense all tests of materials, articles, equipment or other work specified by the contract. The County reserves the right at its own expense to order tests of any part of the work in addition to those specified. If as a result of any such test the work is found unacceptable, it will be rejected and any additional test required by the County shall be at Contractor's expense. Unless otherwise directed, all samples for testing will be taken by the County from the materials, articles or equipment delivered, or from work performed, and tests will be under the super- vision of, or directed by, and at such places as may be convenient to the County. Materials, articles, and equipment requiring tests shall be delivered in ample time before intended use to allow for testing, and none may be used before receipt of written approval by the County. Any sample delivered to the County or to the premises for examination, including testing, shall be disposed of by the Contractor at his own expense within not more than ten (10) days after the Contiactor acquires knowledge that such examination is concluded, unless otherwise directed by the County. SECTION 21. CHANGE ORDEP.S: The County reserves the right to order in writing changes in the plans and specifications, without voiding the contract, and the Contractor shall comply with such order. No change or deviation from the plans and specifications will be made without authority in writing from the County. Changed work shall be performed in accordance with the original requirements of the Contract Documents and previous fully executed Change Orders, A Change Order may adjust the contract price either upward or down- ward in accordance with either or a combination of the following bases, as the County may elect: (1) On a lump sum basis as supported by breakdown of estimated costs. -34- Rev. 12/72 DIVISION G. GENERAL CONDITIONS (Can't.) SECTION 21. CHANGE ORDERS: (Con't.) (2) On a unit price basis. (3) On a cost-plus basis in accordance with the following conditions: (a) UkRK-UPS• 1. For work performed by the General Contractor an amount equal to the direct cost (as defined herein) of the work plus 15% of the direct coats for overhead and profit. 2. For work performed by a sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 20% of the direct costs for overhead and profit. (Suggested breakdown: 15% to the sub-contractor, 5% to General Contractor.) 3. For work performed by a sub-sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 25% of the direct costs for overhead and profit. (Suggested breakdown: 15% to sub-sub-contractor, 5% to sub-contractor, 5% to General Contractor.) 4. In no case will the total mark-up be greater than 25% of the direct costs notwithstanding the number of contract tiers actually existing. 5. For deleted work the mark-up shall be 10% of the direct costs or the agreed upon estimate thereof. (b) DIRECT COSTS• 1. Labor: The costs for labor shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation and similar purposes. Labor rates will not be recognized when in excess of those prevailing in the locality and time the work is being performed. 2. Materials: The actual cost to the Contractor for the materials directly required for the performance of the changed work. Such cost of materials may include the cost of procurement, transportation and delivery if necessarily incurred. If a trade discount by the actual supplier is available to the Contractor, it shall be credited to the County. If the materials are obtained from a supply or source owned wholly or in part by the Contractor, payment therefore will not exceed the current wholesale price for such materials. The term "trade discount" includes the concept of cash discount. Rev. 12/72 -35- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANGE ORDERS: (Con't.) 2. materials: (Con't.) If, in the opinion of the County, the cost of materials is excessive, or if the Contractor fails to furnish satisfactory evidence of the cost to him from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest current wholesale pr' ;e at which similar materials are available in the quantities required. The County reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs or profits on material furnished by the County. 3. Equipment: The actual cost to the Contractor for the use of equipment directly required in the performance of the changed work. In computing the hourly rental of equipment, any time less than 30 minutes shall be considered one-half hour. No payment will be made for time while equipment is inoperative due to breakdowns or for non-working days. In addition, the rental time shall include the time required to move the equipment to the work from the nearest available source for rental of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading and transportation costs will be paid in lieu of rental time therefor. However, neither moving time nor loading and transportation costs will be paid if the equipment is used on the project in any other way than upon the changed work. Individual pieces _f equipment having a replacement value of $1,000 or less shall be considered to be tools or small equipment, and no payment will be made therefor. T For equipment owned, furnished, or rented by the Contractor, no cost therefor shall be recognized in excess of the rental rates established by distributors or equipment rental agencies in the locality where the work is performed. The amount to be paid to the Contractor for the use of equipment as set forth above shall constitute full compensation to the Contractor for the cost of fuel, power, oil, lubrication, supplies, small tools, small equipment, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, labor (except for equipment operators), and any and all costs to the Contractor incidental to the use of such equipment. (c) ALLOWABLE TIME EXTENSIONS: For any change in the work, the Contractor shall be entitled only to such adjustments in time by which completion of the entire work is delayed due to performance of the changed work. Each estimat'- for a change in the work submitted by the Contractor shall state the amount of extra time that he considers should be allowed for making the requested change. Rev. 12/72 -36- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 21. CHANGE ORDERS: (Con't.) (d) RECORDS AND SUPPORTIVE INFORMATION: (1) The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a cost-plus basis and the costs of other operations. (2) Contractor shall maintain daily records showing man hours and material quantities required for cost plus work. The Contractor shall use a form approved or provided by the County. The forms will be filled out in duplicate and the County's inspector will review and attach his approving signature to the form on the 5LaX the work is performed. (3) Rental and material charges shall be substantiated by valid copies of vendor's invoices. (4) The contractor's cost records pertaining to cost-plus work shall be open to inspection or audit by the County. (e) FAILURE TO AGREE AS TO COST: Notwithstanding the failure of the County and,the Contractor to agree as to cost of the proposed change order, the Contractor, upon written order from the County, shall proceed immediately with the changed work. Daily job records shall be kept as indicated in Paragraph (d) above and when agreed to by the Contractor and the construction inspector, it shall become the basis for payment of the changed work. Agreement and execution of the daily job record by the construction inspector shall not preclude subsequent adjustment based upon a later audit by the County. Rev. 12/72 -37- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 22. LABOR: Every part of the work shall be accomplished by workmen, laborers. or mechanics especially skilled in the class of work required and workmanship shall be the best. SECTION 23, OCCUPANCY BY THE COUNTY PRIOR TO ACCEPTANCE: The County reserves the right to occupy all or any part of the project prior to completion of the work, upon written order therefor, In such event, the Contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the County. Such occupancy does not constitute acceptance by the County of the work or any portion thereof, nor will it relieve the Contractor of responsibility for correcting defective work or materials found at any time before the acceptance of the work as set forth in Section 28 or during the guaranty period after such acceptance, as set forth in Section 26. SECTION 24, PRESERVATION AND CLEANING: A. The Contractor shall protect and preserve the work from all damage or accident, providing any temporary roofs, window and door coverings, boxings or other construction as required by the County. This shall include any adjoining property of the County and others. B. The Contractor shall properly clean the work as it progresses. As directed during construction, rubbish shall be removed, and at completion the whole work shall be cleaned and all temporary construction, equipment and rubbish shall be removed from the site, all being left in a clean and proper condition satisfactory to tte County. SECTION 25, PAYMENT OF FEDERAL OR STATE TAXES: Any Federal, State or local tax payable on articles furnished by the Contractor, under the Contract, shall be included in the Contract price and paid by the Contractor. The County will furnish Excise Tax Exemption Certificates to the Contractor for any articles which are required to be furnished under the Rev. 12/72 -38- DIVISION G. GENERAL CONDITIONS (Con't.) SECTION 25. PAYMENT OF FEDERAL OR STATE TAXES: (Con't.) Contract and which are exempt from Federal Excise Tax. SECTION 26. ACCEPTANCE: A. The work shall be accepted in writing only when it shall have been completed satisfactorily to the County. Partial payments shall not be construed as acceptance of any part of the work. B. In judging the work no allowance for deviations from the drawings and Specifications will be made, unless already approved in writing at the time and in the manner as called for heretofore. C. County shall be given adequate opportunity to make any neces- sary arrangements for fire insurance and extended coverage. D. Final acceptance of the contract will not be given until all requirements of the contract documents are complete and approved by the County. This shall include, but is not limited to, all construction, guarantee forms, parts list, schedules, tests, operating instructions, and as-built drawings - all as required by the contract documents. SECTION 27. FINAL PAYMENT AND WAIVER TO CLAIMS: After the official acceptance of the work by the County, the Contractor shall submit to the County, on a form acceptable to the County, a request for payment in full in accordance with the contract. The form "Statement to Accompany Final Payment" shall be completed, signed by the Contractor and submitted to the County with the final payment request. SECTION 28. GUARANTEE: A. The Contractor hereby unconditionally guarantees that the work will be done in accordance with the requirements of the contract, and further guarantees the work of the contract to be and remain free of defects in workman- ship and materials for a period of one year from the date of acceptance of the contract, unless a longer guarantee period is specifically called for. The Contractor hereby agrees to repair or replace any and all work, together with any other adjacent work which may be displaced in so doing, that may prove to be not in its workmanship or material within the guarantee period specified, without any expense whatsoever to the County, ordinary wear and tear and unusual abuse or neglect excepted. B. Contract bonds are in full force and effect during the guarantee period. C. The Contractor further agrees, that within 10 calendar days after being notified in writing by the County of any work not in accordance with the requirements of the contract or any defects in the work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, aqd to complete the work within a reasonable period of time, and in the event he fails to so comply, he does hereby authorize the County to proceed to have such work done at the Contractor's expense and he will pay the cost thereof upon demand. The County shall be entitled to all costs, including reasonable attorney's fees, necessarily incurred upon the contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the County's Rev. 12172 -39- DIVISION C. GENERAL CONDITIONS (Con't.) SECTION 28 GUARANTEE: (Coni.) employees, property, or licensees, the County may undertake at the Contractor's expense without prior notice all work necessary to correct such hazardous conditions when it was caused by work of the Contractor not being in accordance with the requirements of this contract. D. The general contractor and each of the listed subcontractors shall execute and furnish the County with the standard guarantee form. (See page 41). Rev. 12/72 _40- GUARANTEE FOR CONTRA COSTA 'COUNTY BUILDING MARTINEZ, CALIFORNIA We hereby guarantee to the County of Contra Costa the (Type of Work) which we have installed in the (Name of Building) California, for year (s) use from date of filing of the completion notice in the Office of the County Recorder. We agree to repair or replace to the satisfaction of the County any or all such work that may prove defective in workmanship or materials within that period, ordinary wear and tear and unusual abuse or neglect excepted, together with any other work which may be damaged or displaced in so doing. If we fail to comply with the above mentioned conditions within a reasonable time after being notified in writing, we, collectively and separately, do hereby authorize the owner to proceed to have the defects repaired and made good at our expense and we will pay the coats and charges therefore immediately upon demand. This guarantee covers and includes any special terms, including time periods, specified for this work or materials in the plans and specifications for this project. This guarantee supersedes any previous guarantees we have made for this particular project. SUBCONTRACTOR Date: (Affix Corporate Seal) GENERAL CONTRACTOR Date: __ (Affix Corporate Seal) NOTE: If the firm is not a corporation, add a paragraph stating the type of business organization and the capacity and authority of the person signing the guarantee. -A L FORM STATEMENT TO ACCOMPANY FINAL PAYMENT To: Contra Costa County Public Works Department County Administration Building Martinez, California Re: Final Payment (Project) Dear Sir: The undersigned Contractor represents and agrees that the final payment includes herein all claims and demands, of whatever nature, which he has or may have against the County of Contra Costa in connection with the contract to construct the above-entitled project, and that payment by the County of the final estimate shall discharge and release it from any and all claims. The undersigned hereby certifies that all work, labor, and materials on this project have been furnished and purchased in full compliance with the contract and with all applicable laws and regulations. The undersigned states that his claim for final payment is true and correct, that no part has been theretofore paid, and that the amount therein is justly due. I declare under penalty of perjury that the foregoing is true and correct. Dated , at (City) , California. _a2- } f • FIRE COLLEGE SITE IMPROVEMENTS j CONTRACT I DIVISION H SUPPLEMENTARY GENERAL CONDITIONS I 1. Temporary Utilities: a. Contractor shall provide temporary toilet facilities for workmen in accordance with Section 9 of the General Conditions. b. Water and electrical power will be provided by the County at no cost to the Contractor. 2. Contractor's Operations: a. If during the work the Contractor mars, damages, or defaces County property, such shall be cleaned, repaired, replaced or otherwise restored by the Contractor to substantially the same condition at no cost to the County. b. Contractor shall maintain a clean and safe operation, including barricades as necessary for vehicle and pedestrian safety. 3. The work under each section shall include all labor, materials, transportation, equipment and services as required to complete that part--of the project as described in the contract documents. 4. Permits and Fees: Section 10. Permits and Licenses, on Page 26 of the General Conditions is hereby deleted. Contractor must obtain and pay for his own business license, if required. County will obtain, at no cost to Contractor, all permits, and will pay for all fees required by other governmental agencies. S. Existing driveway and parking lot must remain open and usable by Fire District personnel at all times. -43- • • FIRE COLLEGE DIVISION I SITE IMPROVEMENTS CONTRACT• I TECILIICAL PROVISIONS 1. Demolition: All paving, base rock, concrete curb and CMP culvert to be removed shall be disposed of off site. 2. Earthwork: a. Where existing grades will accommodate pavement structural section with no fill required (or under cut conditions) , existing top six inches of sub-soil shall be compacted to 90% relative density in accordance with AASHO T 180-5T. b. Excavated material shall be removed from the site. c. Engineered fill material under pavement shall be approved by the Engineer and conform to the following: Liquid limit shall not exceed 35; plasticity index shall not be greater than 12; no more than 25% by weight shall be finer than No. 200 sieve. Engineered fill shall be installed on compacted sub-soil in layers not greater than six inches (6") thick and shall be compacted to 90% relative density in accordance with AASHO T 180-57. d. Testing will be performed by the.County and at the option of the Engineer. Re-tests, if required, will be paid, for by the Contractor. 3. Paving and Line Striping: A. Materials: 1. Asphalt Concrete shall be Type B with 1/2" maximum aggregate and all in accordance with Section 39 of the State of California Standard Specifications. Overlay Asphalt shall be Type B with 3/8" maximum aggregate. 2. Aggregate Base shall be Class II - 3/4" maximum all in accordance with Section 26 of the Standard Specifications. 3. Traffic Paint for Asphalt Paved Surfaces: Devoe's #15701 Traffic Paint, W. P. Fuller's #282-06 Traffic Line Paint, Glidden's #5510 Traffic Paint,or approved equal, white in color. Thinners: As recommended by akiaufacturer for type of paint used. B. Execution: 1. Pavin a. All work and procedures shall be in full conformity with Section 39 of the Standard Specifications. b. Aggregate Base ,shall be placed and compacted in accordance with Section 26 of the Standard Specifications. 2. Line Striping: a. —reparation of Surface for Painting Immediately before applying the paint, clean the pavement surface thoroughly of all dust, dirt, scale, curing compound, oil, grease, or other objectionable matter as directed. Solvent -44- FIRE COLLEGE SITE IMPROVEMENTS CONTRACT I TECHNICAL PROVISIONS 3. Paving and Line Striping: (can't.) material that will damage pavements shall not be used as cleaning agents. Curing compounds or other curing medium shall be removed by sandblasting or, other approved methods. Give all pavement surfaces- to be painted, immediately prior to painting, a final cleaning by means of an approved power broom and a power blower using compressed air following the brooming. b. Application: (1) Parking lot striping shall conform to the dimensions and details shown on the drawings. (2) All stripes,as shown on drawings, shall be sharp and accurate, straight lines, with no fuzziness or waviness at edge of lines. (3) Stripes shall be painted immediately following the preparation by either of the following methods, at the Contractor's option: Brush Method: Apply by hand, one (1) thorough, heavy coat in accordance with the manufacturer's recommenda- tions. Spray Method: Apply two (2) coats, the first being a fog coat and the second being the finish coat. (4) Tolerance: Striping shall be within 2" of the align- ment as shown. Stripes shall be four inches (4") in width. c. Protection Provide all warning devices required to protect the painting operations and the finished work. Repaint, to the applicable specifications, any portion of the stripe damaged by any type of traffic within 24 hours after the stripe has been applied. 4. Concrete: A. Materials: 1. Portland Cement: Type II conforming to the current A.S.T.M. Specification C-150. 2. Concrete Akre ag tes: Fine and coarse aggregate shall comply with the current A.S.T.M. Specification C-33, and shall be clean undercoated grains of strong materials. 3. Water shall be clean water from utility company mains. . 4. Reinforcing bars shall conform to "Standard Specifications for Deformed Billet-Steel Bars for Concrete Reinforcement". Designation A 615 - Grade 40. -45- • • FIRE COLLEGE SITE IMPROVEMENTS CONTRACT I TECHNICAL PROVISIONS 4. Concrete: (con't.) B. Standards 1. Specifications, standards, tests and recommended methods cited . herein shall determine quantity and quality of materials and methods unless specifically designated otherwise. a. American Society for Testing and Materials (A.S.T.M.) b. American Concrete Institute (A.C.I.) c. State of California Standard Specifications 2. Tests and Inspections will be made by the Engineer to accord with General Conditions DIVISION G, Section 20. Contractor shall supply all materials required for testing. Notify inspector at least two (2) working days before pouring concrete. Concrete shall not be poured until inspection of forms, reinforcing and other embedded items have been made by the County and pours shall be made only when the Inspector is present. C. General: 1. Each load of Ready Mix Concrete shall be accompanied with a certified weightmaster's tag showing the ingredients by weight. 2. Reinforcing bars shall be accurately placed and secured in position by metal chairs and spacers. 3. Concrete protection for reinforcement: a. 3" of concrete between bar and earth for reinforcing in members in which concrete is deposited directly against ground. b. 1-�" of concrete between bar and surfaces of concrete poured against forms but will be exposed to the weather. 4. All forms shall be straight and true and adequately secured such that when the concrete is placed the forms will remain straight and true. S. The unexposed portion of all footings may be placed "neat" provided concrete reinforcement is protected with clearances hereinbefore mentioned. 6. All exposed concrete shall be formed. 7. Expansion Joints: a. All expansion joints shall be straight and true and adequately secured with permanent steel stakes or other approved equal means. b. If Contractor elects to use expansion joints as the limit' for a day's concrete placement, they shall be backed with forms as required in Paragraph a. -46- • FIRE COLLEGE SITE IMPROVEMENTS CONTRACT I TECHNICAL PROVISIONS D. EXECUTION 1. Measurement of materials for ready-mixed concrete shall conform to the Standard Specifications for Ready-Mixed Concrete A.S.T.M. Designation C94. ' 2. Concrete shall be mixed and delivered in accordance with the requirements of the Standard Specifications for Ready Mixed Concrete A.S.T.M. Designation C94. Minimum Compressive ` Strength of 3,000 P.S.I. after 28 days. 4" maximum slump. 3/4" maximum aggregate. 3. Concrete shall be conveyed from the mixer to the place of final deposit by methods which will prevent the separation or loss of the materials. 4. Equipment for chuting, pumping and pneumatically conveying concrete shall be of such size and design as to insure a practically continuous flow of concrete at the delivery end without separation of the materials. 5. Deposit concrete as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. The concreting shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the spaces between the bars. No concrete that has partially hardened or been contaminated by foreign material shall be deposited on the work, nor shall retempered concrete be used. 6. Before depositing new concrete on or against existing concrete, existing surfaces shall be thoroughly roughened and cleaned of foreign matter and loose particles, and coated with concrete adhesive. 7. Adequate concrete cylinders will be taken by the County to permit testing at 7 days and 28 days including at least one cylinder retained for testing as directed by the Engineer, beyond 28 days if specified minimum requirements have not been met at that time. 8. Concrete Finishes shall be as shown on plans. 5. Electrical Work: a. All work and materials shall be in full accordance with the latest rules and regulations of National Electrical Code, California Title 23; and all applicable County and State laws or regulations and latest approved standards of I.E.E.E., A.S.A., N.E.M.A., U.L., and the local power company. Nothing in these plans or specifica- tions is to be construed to permit work not conforming to the above. b. Materials and installation shall be as shown on plans. -47- . ,. • FIRE COLLEGE SITE IMPROVEMENTS TECHNICAL PROVISION*S CONTRACT I 5. Electrical Work: (con't.) c. Re-paving of trenches through existing pavement shall be done in accordance with Section 3 of these Technical Provisions. 6. Storm Drainage: a. Materials 1. Pipe shall be non-reinforced concrete in accordance with Section 62-1.02A of the Standard Specifications. b. Installation shall be in accordance with Section 65 of the Standard Specifications. Drain inlet shall be pre-cast Concrete U23 with heavy-duty cast iron grate 1#71C422 by "Christy", or equal. Contractor may construct an equivalent cast-in-place drain inlet. In any event the inlet floor shall be cast in place in accordance with the invert grades shown on the plans to provide a no-sump floor. i j1 f f4 i Y -48- CONSTRUCTION SPECIFICATIONS for ALTERATIONS TO CONTRA COSTA COUNTY FINANCE BUILDING prepared for Victor W. Sauer, Director Public W%rks Department Contra Costa County Sixth Floor Administration Building Martinez, California 15 NOVEMBER 1973 ARMAS SOOTARU, ARCHITECT, A.I.A. 601 Las Juntas Street, P. 0. Box 601 � h Martinez, California 94553 (415) 228-5252 ,,�'