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HomeMy WebLinkAboutMINUTES - 07201999 - C203 5 File: 115-9204/B.4.4 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on Duty 20, 1999 by the following vote: AYES: SUPERVISORS CIGNA, JILKEMA, .GERB R iftd CANCIAMiLLA NOES: NONN ABSENT: SI "rERIfISt7R LIESAULNIER ABSTAIN: NONE SUBJECT: toward of Contract for Restroom Accessibility Improvements, El Sobrante Library, 4191 Appian Way, El Sobrante, California Budget Line Item No. 4405-4391 Authorization No. 0928-W391B BLidd�r Blythe &Associates $51,504.00 Payment: $51,504.00 F. 0. Box B (including Performance: $51,504.00 Fairfield, California 94533 $45,754.00 Base Bid, $4,600.00 Add. Alt. No. 1, And$850.00 Add. Alta No. 2, Zovich Constriction Castro Valley, California TMW&Associates, Inc. Stockton, California E. A. Sparacino, General Contractor, Inc. Walnut Creek, California Standard Elevator Co.,Inc. San.Leandro, California Younger-Wunar, Inc. Ell Cerrito, California Pacific Coast Reconstruction&Bldg., Inc. Concord., California Cornelius Construction Citrus Heights, California The above-captioned project and the plans and specifications therefor having been previously approved,Addenda No. 1 and No. 2 having been issued and approved., and bids having been duly invited and received by the Director of General Services on June 24, 1999; and The Director of General Services recommending that the bid listed first above, Blythe & Associates C Blythe'')is the lowest responsive and responsible bid, and this Board concurring and so finding; NOW,THEREFORE,The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded to Blythe at the listed amount and at the prices submitted in said bid, and that said contractor shall present two goad and sufficient surety bonds as indicated above, and that the General Services Department shall prepare the contract therefor; and HA1992\1 159204\M00426b.doc Page 1 of 2 GBIS RESTROOM ACCESSIBILITY IMPROVEMENTS, 115-9204/D.4.4 BI., SOBR NTE LIBRARY, 4191 APPIAINWAY, July 20, 1999 RL, SOBRA.N'TE, CALIFORNIA The Board FURTHER ORDERS that after the contractor has signed the contract and returned it, together with the bonds as noted above and any required certificates of insurance or other required documents, and after the .Director of General Services has reviewed and found thein to be sufficient, the Director of{general Services is authorized to sign the contract for this Board; and The Board FURTHER ORDERS that in accordance with the project specifications and/or upon signature of the contract by the Director of General services, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shah be returned; and The Board FURTHER ORDERS that the Director of General Services is authorized to sign any escrow agreements prepared for this project to permit the substitution of securities for moneys withheld by the County to ensure performance under the contract, pursuant to Section 22300 of the Public Contract Code. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shorn. ATTESTED; Phil Batchelor,Clerk of Board` 4 of Sup ,�rvisors and County Administrator EY ; mss= f Deputy s Orig.Dept.- General Services Dept. -Architectural Division. cc: General Services Department Architectural Division G.S. Accounting Tile: 115-9204/A.5 County Counsel Contract Compliance Officer(Via Arch. Div.) Library Administration(Via Arch. Div.) Contractor(Via Arch. Div.) xA1992\1159204\2d00426b.dau Page 2 oft oars 011e GENERAL SERVICES DEPARTMENT Architectural Division 1220 Morello Avenue, Suite 100 Martinez,California 94553-471.1 (925)313-7200 FAX (925)313-7299 File: 1.15-9204/B.4.4 .Bate: July 20, 1999 TO: Board of Supervisors �dAm* FROM: Baron J. Gilbert, Director of General Services SUBJECT. CONTRACT AWARD RECOMMENDATION;N; Agenda Date July 20, 1999; Authorization No. WH391B Bids for Restroom Accessibility Improvements, El Sobrante Library, 419; Appian Way, El Sobrarte, were received and opened at the County Architectural Division. Offices on Thursday, June 24, 1999. It is recommended that the Board of Supervisors award the construction contract to the low bidder, Blythe & .Associates of Fairfield, in the amount of $51,504.00, which includes $45,754.00 Base Bid., $4,600.00 Additive Alternate leo. 1 and $1,150.00 Additive Alternate No. 2. The initial construction estimate was $51,000.00. Father bids received were as follows: Additive Additive AIL`- 1. Zovich Construction $49,750.00 $ 3,400.00 $ 380.00 $.53,530.00 Castro Talley, California. 2. TMW&Associates, Inc. $53,903.00 $ .2,200.00 $ 275.00 $56,378.00 Stockton,California. 3. E. A. Sparacino, General $55,760.00 $ 3,600.00 $1,030.00 $60,390.00 Contractor, Inc. Walnut Creek, California 4. standard.Elevator Co., Inc. $48,440.00 $14,950.00 $ 850.00 $64,240.00 San Leandro 5. Younger-Wunar, Inc. $57,910.00 $7,500.00 $3,250.00 $68,660.00 El Cerrito, California H:\1992\11592i4\2dC4425rn.doc is 6. pacific Coast Deconstruction $54,700.40 $12,000.44 $2,500.00 $69,200.40 &Bldg., Inc. Concord, California 7. Cornelius Constriction $59,720.00 $15,044.00 $1,540.04 $76,220.00 Citrus Hei&hts, California cc o County Administrator's Office Contract Compliance Officer County Counsel Clem of the Board (w/bids) TA1992\1159204\2d00425m.doc 3s GENTERAL SERVICES DEPAR.TIIENT Architectural Division 1220 Morello Avenue, Suite 100 � AUG 2 3 71299 13aririd , California 94553-4711 ' .. (925) 313-7200 PAX: (925) 313-7299 Y £ LETTER OF TRANSMITTAL, Late: August 20, 1999 File: 11.5-9204/C,1.1 TO: BLYT IE & ASSOCIATI ES POBOXE PATR�IE ID CA 94533 -ROM: TEIURY BR.OPHY, S ENTIOR CLEJ SUBJECT: RESTROOM ACCESSIBILITY IMPROVEMENTS, EL, SOB TE LIBRARY, 4191 APPIAN WAY, EL SOB `TE (WH39I.R) We are sending you attached via J.S. MAIL the following items: Items Cories Dated Descnition 1 7-20-99 Fully executed Construction Contract 2 2 8-20-99 notice to .Proceed 3 1 Prevailing Wage Rate Schedule COGENT S: Sign and return one copy of the Notice to Proceed. Please post Prevailing Mage Rate Schedule at job site. LoR:rs cc w/Items 1 & 2 encl.: Clerk of the Board (w/bonds) (Award Date: 7-20-99 Item o.: 0.203) County Administrator's Office L. Lockwood E. uevor General Services Department K. Brown T. ?Mann L. Richardson 11:\1992\1 159204\2d00434t.doc File: 115-92C,4/C.1.; C�C��iTRACT (Construction Agreement) (Contra Costa County Standard Form) SPECIAL TERiYES. These special terns are incorporated below by reference. (Ser Secs.2,3) Parties: (Public Agency) CONTRA COSTA COUNTY (Contractor) BLYTHE&ASSOCIATES P.O.BOX E FAIRFIELD,CALIFORNIA 94533 (See Sec.2) Effective Nate: RUL Y 20, 1999. (See Section 4 for starting date.) (See Sec.3) The Work: RESTROOM ACCESSIBILITY IMPROVEMENTS,EIS SOBRAIN TE LIBRARY,4191 APPIAIK WAY, EL SOBRA_INTE,CALIFORNIA,BUDGET LIT ITEM NO.4405-4391,AUTHORIZATION NO.092(.$8 WH391B,IN ACCORDANCE WITH PLANS,DRAWINGS AND SPECIFICATIONS,INCLUDING ADDENDA NO. 1 AND NO.2,PREPARED BY OR FOR THE DIRECTOR OF GENERAL SERVICES AND IN ACCORDANCE WITH THE ACCEPTED BITE PROPOSAL,BASF BID PLUS ALTERNATE NO. I AND ALTERNATE NO.2 (See Sec.41) Completion Time: Within 60 calendar days from starting date. (See Sec.5) Liquidated Damages: $250.00 per calendar day. (See Sec.6) Public Agency's Agent: Barton I.Gilbert,Director ofGereral Services (See Sec.7) Contract Price: $51,504.00 (See Sec. 8) Federal Taxpayers ,.D.or Social Security No.: 68-0250156 2. SI >-i ' iC}W ' T. Public Agency, By: � r� -z date. - - Barton 1.Gilbert,L}rector of Generai Services Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerting Workers'Compensation ,aw, a (Designate official capacitj/in the business) (CORPORATE SEAL) By: (Designate official capacity it the business) Dote to Contractor: For ccrmorations, the contract crust be signed by two officers. The fl st signature must be that of the chairman of the board, President or vice-president,the second signature crust be that of the secretary,assistant secretary, chief znarrcial officer or assistant treasurer. (Civ. Code,Sec, 1 i 90 anCorns.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT _ State of California ) County of 2 On the date written below,before:ire,the undersigned Notary Public,personally appeared the person )signing above for Contractor,personally known to ire(or prove:to me or the basis of satisfactory evidence)to be the-,ersen(p whose ratre( )isles subscribed to the within instrument and acknowledged tome that«e/efteimey executed the same:r:hisT°ren4fm authorized capacity(ies;,and that by his/lrerfffivr signature(.o on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the inm. -iment. WITNESS try hand and of°cial seal. dated: [NOTARIAL S-AI 4rA4, �2/q 511E A.YAC*VEM Notary Public #1224715 1V +Rbk-Cdlkmb Sdano City (CC-1;Rev.2-92) My Carlin.Bpkw A$14,20M 13:\.992\1 159204\2d00430c.doc Page 1 of 4 File: 1.5-9204/C.L I 3. WORKQ "t'I2AC"T. _ .NGES. (a) By their signatures in Section 2,effective on the above date, these parties promise and agree as set forth ir:this contract,incorporating by these references the material("special terms")In Section f. (°o) Contractor shall,at his own cost and expense,and in a worionanlite manner,fully and faithfully perform and complete the work; and will furnish all materials, labor, services and transportation necessary,convenient and proper in order fairly to per`orrn the requirements of this contract, ail strictly ar accordance with the public Agency's plans,drawings and specifications. (c)i he work can be changed only with Public Agency's prier written order specifying such change and its cost agreed to by the parties;and tate Public Agency shat;Never have to pay more than specified in Section 7 without such an order. 4. ME: NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed; and shall complete it as specified in Section 1. 5. LIQUIDATED DAMAGES. of the Contractor -ails to complete this contract and :his 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, Rolls 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 :greed that Contractor will Day as liquidated damages to the Public Agency the reasonable sung speciffied in Section l; 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 date Contractor under this contract. if the Public Agency for any cause autho;-izes or contributes to a delay,suspension of work or extension of tinge, its duration shall be added to the time allowed for corrwietion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for'Ion- completion or delay hereunder. Pursuant to Government Code Section 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 tate owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRA'T'ED £bt}CLt:YCENTS. T1 e pans, drawings and specifications or special provisions of the Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract;and they are::mended to cooperate,so that anything exhibited in the plans or drawings and not nnrent;oned in the specrflcations or specia: provisions,or vice versa, is to be executed as if exhibited, mentioned and set forth in boot,to the trite intent and meaning thereof when taken all together; and differences of opinion concerning these shall be `rally determined by Public Agency's Agent speciffec=in Section 1. 7. PA ;14€. (a) For his strict and latera€ fulfillment of these promises and conditions, and as Putt compensation far all this work, the Public Agency shall pay the Contractor the sum specified its Section 1,except that in unit price contracts the payment shall'lot for finished quantities at unit bid prices. (b) On or about the °arst of each calendar month, the Contractor shall be paid for all work done through the 151th of the preceding calendar month,as determinedby Public Agency or its Agent,minus 10%thereof pursuant to?ublic Contract Code Section 9203,but not until defective work and rnatenais nave been removed,replaced,and made good. 8, 1?A.YMEN1S i_I`I`I;;H1U. (a)—he Public Agency or its Agent may withhold any payment,or because of later discovered evidence nuflify all or any cer- cate 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 wont not remedied,or uncompleted work,or (2) Clair-:s ffiec or reasonab€e evidence indicating probable filing,or (3) Failure to properly pay subcontractors or for material or labor,a- (4) Reasonable doubt that the work can be cornpieted for the balance then unpaid,or (.5) ;damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) %ne Public Agency shail use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials at:,' labor which are:got 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 aft-ter, tate Public Agency tiles its notice of completion of the entire work,it shall issue a certificate to the Con actor and,pav the balance of the contract price after deducting all arnourts withheld under this contract,provided the Contractor shows that ail claims for labor arid :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 seen fired against the wont or site, and provided there are not reasonable indications of defective or missing work or of late-recorded :notices of liens or c€aims against Contractor. 9. MILRAINS.U. (Labor Code Sections 1860-61) On signing this contract, Contractor crust give Public Agency (l) a certificate of consent to self-insure issued by the Director of irdusti al Relations,or(2)a certificate of Wor'kers'Compensation insurance issued by am admitted insurer,or(3) art exact copy or duplicate thereof certified by tate Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers'Compensation Law. 10. SQ_NDS. Or sign ing this contract Contractorshall deliver to Public Agency for-approval good and sufficient bonds with sureties, in amount(s) sr)ec;`ied .n the s.ect_:cat.ons or special provisions,guaranteeing his faithful performtance of this contract and"Iii payment for ail labor and materials hereunder. ". F'Af EM 10 MF'f3F M. if the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply sufficient materials cr workers to complete this agreetrtent and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency,t,e Public Agency-ray furnish same and deduct the reasonable exDenses thereof from the contract price. (CC-1;Rev.2-92; £i:\'992\I 159204\2d00430c.doc Page 2 of 4 F ilei t 15-9204/C.1.1 12. LA3Y_5AE_?LY. General. Both parties recognize the applicability of various federal,state and local laws and regulations,especially Chapter 1 of Ptu 7 of the Ca€ifornia Labor Code(beginning with Section 1720,and including Sections 1735, 1777.5,& 1777.6 forbidding discrimination)and intend 'hat this agreement complies therewith., TI e =ties specifically stipu€ate that the relevant penalties and forfeitures provided in: the Labor Code,especially in Sections 1775& 1x313,concerning prevailing wages and€:ours,shalt apply to this agree-rent as though fully stipulated herein. 13. SUBCONTRACT.QRS. Public Contract Code sections 4100-4114 are incorporated herein. 14. SIA" .—RATES. (a) Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations has ascertained the geneavi revailing 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 worker needed to execute this contract,and said rates are as specified its the call for bids for this work or are on file with:he 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;-ate is the hourly rate multiplied by the?lumber of hours constituting the working day. When less than that number of;tours are worked,the daily wage rate is proportionately reduced, but tate hourly rate rernazris as stated. (c) she Contractor, and rill his subcontractors, must pay at least these rates to all persons or. this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor no,listed above:mils',be paid atas let the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. :fit becomes necessary for t to Contractor or any y subcontractor to employ any person. in a cram, classification or type of work(except executive, supervisory, administrative, clerical or other non-manual workers as such) for which no minimurn wage rate is spec ed, theContractor shall immediately notify the Public Agency which s tai€ promptly deter-trine the prevailing wage rate therefor and furnish the Contractor with the mririrnurrt rate based thereon, which shall apply from the time of the initial employment of the person:affected and during the continuance of such employment. i5. HQtR5__QZ_LAB OR. Eight hours of labor in one calendar day constitutes a legal day's work, and no worker employed at any time on this work by the Contractor or by any subcontractor sball be rewired or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 16. AE NT CEC . Properly indentured apprentices may be employed on this work it accordance with Labor Code Sections 1777.5 and :777.6, forbidding discrlm;nation. 17. PREMELCE FOR MATERLAU The Public Agency desires to promote the industries and economy of Contra. Costa County, and the Contractor therefore promises to use the products,workers,laborers and rrec+anics of this County in every case where the price, fitness and quality are equal. 18. A I NLM_E1N'T" The agreement birds the heirs, successors, assigns,and representatives of tate Contractor;but he cannot assign it in whole or in pat,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. NQ 3F A2VER Y PUBL1C AGE2- Y. Inspection of the work andi/or;materia€s, or approval of work a-td/cr materials inspected,or statetrert by any officer; agent or ersployee of the Public Agency indicating tate work or any part thereof complies with the require-rents 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. HO AEAjr dL €ND_ENdN=. (a)Contractor promises to and shalt;told harmless and indernrify from the liabilities as defined in this section. (b) 'M" indem-nitees benefited and protected by this promise are the Public Agency and its clective and appointive boards, commissions, officers,agent and emtployees. (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, secluding but not limited to personal injury, death, property damage, trespass, nuisance, inverse condemnation, patent infringement, or any combination of these, regardless of whether or not such liabi€ity, claim or datrage was uhforeseeab€e at any time before the Public Agency approved the improvement plants or accepted ate improvements as completed,and including the defense of dry suits)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 Co^tractor,subcontractor(s),or any of cer(s),agent(s)or employee(s)ofone or Node of them. (e) Non-Conditions: The promise and agreem-ent in this section is not conditioned or depen:err on whetter or not any indemnitee?las prepared, supplied, or approved any plan(s), drawing(s), specifications) or special provision(s) it connection with this work, has i tsurance or other Indemni kation covering any of these matters,or that the alleged damage resulted partly from any negligent or,willful misconduct of any indemnitee. (CC-€; Rev. 2-921) TA1992\1 I 59204\2dOO430c.doe Page 3 of 4 File: 1 I5-9204/C.1.I 21. 'EXCAVA3 TON, Contractor shall comply with the provisions of Labor Code Section 67135, if applicable, by subxriring 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. 22. AND AUDITIN except for materials and records delivered to Public Agency, Contractor shall maintain and etain,for a period of at least:ve yeas a.er Cotatractor's receipt of tine€final payment under`his contract,all records relating to this contract or to the work, including without ifinitation estimates, bids, shop drawvings, submittals, subcontracts, personnel and payroll records,rob reports and diaries, receipts,invoices,caa:celled checks and financial records. Upon request by Public Agency,at no additional charge,Contractor shall promptly make such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency,and without restriction or limitation on their use. 23. YENNUE. Any litigation involving this contract or relating to the work shall be brought in Contra Costa County,acid Contractor hereby waives the rernovai provisions of Code of Civil Procedure Section 394. 24. RSVME 'l;' . Contractor shall not iii its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any com nercia?ty-produced advertisements designed to promote a particular brand name or commercial product.even if Contractor is not publicly endorsing a product,as long as the Contractor's presence in the advertisement can reasonably b interpreted as an endorsement of the product by or on behalf of Coma.Costa County. Notwithstanding tate foregoing, Contractor -nay express its views on products to other contractors,the Board of Supervisors,County officers,or others who may be authorized by the Board of Supervisors or by iawv to receive such views. 25. USE OF -PMAJE PRQf'ERLY. Contractor shall not use private property for any purpose in connection with the work absent a prior, written agreement with the affected property owner(s). 'CC-l;Rev.3-95) (Foran approved by County Counsel) z� H:\ 992\1 I59204\=0430c.doc Page 4 of 4 GENERAL SERVICES DEPARTMENT Barton J. Gilbert 'ContraArchitectural Division Director of General services la 1220 Morello Avenue, Suite 100 Math �ro�nrr� Martinez, California 94553,4711 Deputy BroDirwn Counor Gerald Bander Acting Architectural ,Services :tanager ;925) 313-72.0,.) '. PAX 1925)313-72:9 August 20, 1999 In reply refer to: I 1 5-920410.1.1 LYTHE & ASSOCIATES S P �.3 E FALIRFIELD CA 9415?3 SUBJECT: RESTROOM ACCESSIBILITY IMPROVEMENTS, EL SOBRANTE LIBRARY, 4191 APPIAN WAY, EL SOBRAN TE, CALIFORNIA ('H391 B), Notice �o Proceed Pursuant to the Contract dated Tuly 20, 1999 for the subject project, we are issuing this Notice to Proceed, wit.-i the following tears: Star:in date: August 24, 1999 Contract completion time: 60 calendar days Contract core:-oletion date: October 23, 1999 Please add your signature on the line provided at the bottom of this Letter to signify yo:.rr acceptance and agreernent with the tenns of this notice, ani return a copy with your signature for our. fries. An extra copy of this letter is enclosed for your convenience. ry� erald Bender Acting, Architectural Services Marra er , s:.b Enclosure ACC�.PTAN,CE: Contractor's Sii nature Date H:\1 992\1 i 59204\2dOO433n.doc PESO INCE BOND — PUBLIC WORK Bond leo. IJ2893447 i'rerniurn $1288.00 .Any claim under this Bond should be sent to the following address: CLAY? MPSON,CPGU ti Mr- #NSUM SERVIM WA, 8 a(7 U-8822 That we,� BLY HE & ASSLCIA ES As Principal, and INKED PACIFIC TNSURiANCE COMPANY a corporation organized and existing under-the laws of the State of PENNSYLVANIA and authorized to transact suety business in the State of California, as Surer, are held and frrnly bound unto QQN1RALMIA QQDN as Obligee, in the sur, of'FIF - O'` �`HOUSA?N-D FIVE HU�MEED FOUR ANS I-0ld0G Dollars (S51,504.f1 ) lawful rnc�ney of the ;:Kited States of America, for the payment of which suni well and truly to be Trude, we bind ourselves, our heirs, executors, adrnu istrators, successors ana. assigns,jointly and severally, firmly by these presents. THE CON-DITIONN of the above obligation is such that, whereas the Principal has entered into a contract datedgu d 1999, with the Obligee to do and perfo-In the fallowing wont, to wit: RESTROOM ACC SSIBMITY IMPROVEMENTS, EL SOB NTE LIBRARY, 4.91 APP€AN WAY, EI SC3ERANTY, CAI..IFOPU`NRA, BUDGET LINE ITEM NO. 44054391, AU111HO :ATION NO. 0928-Wff39?B, INACCORDANCE WITH FLANS,III;h,,wl'SCS AND SPECIFICATIONS,INCLUDING ADDENDA-40. 1 A„°aD NNO.2,PREPARED BY OR FOR THE DII C rOR OF GENERAL SERVICES AND Int ACCORDANCE WITH THE ACCEPTED BID PROPOSAL, BASE BID rg sgyPgl„pl��S�A Ipp�'I'E;;�RqINe,.lgqttTE NO.�IgyAiiND ALTERNATEypy.ro;�€$3y>.Z +/��i�r �+ rip. qs�s which }�a y hereby made.�{ as is more spe.-Ifica:ly set worth in the contract �.iVi���L�ents, reference to Wh4i.h is t ele b�' is a de. Ni OW; IHMREF , of the Principal shall well and trully perform all the requirements of said contract documents required to be perform-, ed on its part, at the = Ls and in the marmer specified therein, ffien this obligation shall be null and void, otherwise it shall iernain is full force and effect. PROV7DEM, that any alterations in the work to be done or the r:�atenals to be ftrndshed, or changes in the time ofcompletion, which may be m- ade pu.s;zant to the terms of said co:itract documents, shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of tin, c grarited ander the provisions of said contract documents release either the Principal or the Surety, and Notice of such alteratiom or extensions of time is hereby waived by the Surety. PROVIDED, thatif any action is commt enecd on this bond by the Obligee, ir. addition to the surn specified above, the P-mricipall and the Surety, their hairs, executors, administrators, successors and assigns, jointly arid. severally, shall be obligated to pad' to the Obligee all costs, attorney's fees and other litigation expenses hictirred by the Obligee in collecting ;Flurries due und.ea rhe terms of this bond. SIGN :) A D SEAL E , this 3 _ day< o f AUGUST , :999 BLYTHE & ASSOCEATb, S UNITED PACIg! (Principal) (Surety) By .«-.. .- - 3Y i= is to e � ISAA �i "€ C � b €� iC H::1992\1 1�9204\ZdO£}431.. Page I of', L CALIFORNIALLBP R OSE ACKNOWLEDGMENT �� :; '.K'-�.`ti" C%^f+�"�"� �`<";� ,sem^.�`�%"'t`-`^�'"�«�.�'{ �'1<� .1`.��^f�-C�<��'.^�dt`3^C�^C�.('C'..'`[`,�^�^,�. n��r�" �'�'�`'t`�-✓,, y'S� State of Catar ty of #✓` i 4i1E m4 j ca ^� before me, da2flri:srr a anfl s Q£car(8.g„`Jane 0'00, otely pub"id') %ay i h personally appeared El personally known to me®OR—/Oroved to me on the bays o:satisfactory evidence to be the person(. whose nar•e s/am subscribed to the within instrument and acknoSrvledged to me that he/s0eexecuted the same in hisll t . `sr authorized capacit (Ie , and that by ` hislhef4w signature(V,signature( on the instrument the person(e, or the entity upon behalf of whichthe personW acted, executed the instrument. Wil my hand and off;;)al sea',2. ? sig e o£tiotery Pu�l;c i� CC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of NAPS. On AUGUST 3, 1999 , before me, _THERESA STUDEBAKER NOTARY PUBLIC- Data Nama&.-A 7ii#e of Officer{a,g.,"Jane Doe,Notary+Public') personally appeared CLAY ""`HOMPSON - -- perstnaily k- nown to me 7j proved to rye on the basis of satisfactory evidence to be the pe,scn(ef whose narneM isi � subscribed to the within Instrument and acknowledged to me that heislaaftay executed the serve in hislhav. authorized THERR Aa:e,DEBA ER capacity(6--s), and that by hislberibmk of n l io* 121.4766signature*onthe ins.rument theerson' or �s ,, ,,ir; P z the entity upon behalf of which,. the person* Napa tC..c71n+y K .Myccrnm,Emi r w � acted, executed theinstrument. < Wi l NESS my �w anqcfffcial seal. . Piece Notary Saa€Above S"ra:u a 'Notary?ubk, I OPTIONAL h �srou h tha info,"ation bslow is not requimd by law,it may Prove valuable to persons relying on the document and could prevent ftudulant removal and reattachrrrent of this form to another document, � Description of Attached ®czcurrte;rrt T tle or Typs of Document: Document Jute: Number of mages: Signer(s)Other Than Named above: Capacity(les) Claimed by Signer Signer's Name: 11 individual 9 CJ Corporate Officer Mtle(s): � "©a of:ru d here 0 Partner—L;Limited 0 General J Attorney ir. Fact 7, Trustee i..� Guardian t7i L.C3r9s8f913tor 0 Other: Signer is Representing: �5 c l997 rtatk:n&1?�o+.a:y Asaoctation•9350 Do Soto Ave-P1,0.Box 2402•ctzatswoeth,CA 99343.2402 r^ .No.5907 s2ahec#ar.Ca#` 1-80"7&4827 PAYMENT BOND - PUBLIC WORK [Civ. Code, §§ 3247 S 32481 2 8 Bon ernium INCLUDED y claim under di;s Bond should.be sent mo the following address: CLAY THOM ,CPCU �1ACCIAVEM iU P-0.BOX 2 MA LANE a,we, BLL ^ A oCT�TF As Prir6n-al, and ii`I Fi PACIFIC LNSJPANCE COMPANY a.corporation organized and existing under tae laws of the State of !�FNNSY:LVA IA _ m and actthon.zed to transact surety business in the State of California, as Surety, are held and firmly bound unto C ON-1 RA COSTA,C-0 as Obligee; in the s nn of FIFTY- 0$'E"," HOUSAN T FIVE 11TUNDRFD FOUR AND N'01100 Dollars ($51,504.00) lawful money of the United States of A--,,e-..ca, for the payment of which sum well and tinily to be made, we bind oeay-selves, our heirs, executors, administrators, successors and assigns,jointly and sever-ally, firmly by these presents. q`t"' 1 '�'°,T"7T the t ,P c" e such Js r r H n q�,,,, r �T has ? P Pv' ++ 4 !l!g M CL.;ND11-CN oa the above, obt-,rio is s'c ch toitei, wherlas the Rrin.c xpal cntea d' .r+I6o � contract dated.Tartly 0 1992, wlth the Obligee to do and perform d-ie following wof.-, to wit: RESTROOM ACCESSIBTLr y i.&IPROVEN1ENTS, EL SOORANT E LIBRARY, 4191 APPLA i WAY, EL SOB£-"41ti TE, CALIFORNIA, BUDGET LSF ITEM NO. 4405.4391,AUTHORIZATION NO. 092&-WH391R,rN ACCORDANCE WITH PLANS,DRAWINGS A-ND SPEC CATIONS,INCLUDING ADDENDA NO. i AND-NO. 2,PREPARED BY OR FOR THE DrREC"(OP OF GENERAL SERVICES AND IY ACCORDANCE W:TH THE ACCEPTED BID PROPOSAL., BASE BID PLUS ALTERNATE NO, t Aa;NI3 A.L.'FMNATTE NO.2 as is more specifically set fort-h.1n the contract d.ouuments, reference to which is hereby made. NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons naw.ed in Sectbor. 3181 of the Civil l Code„ or amounts due under the Unemployment lnr arice Code with respect to work or labor performed ,under the contract, or for any a�mo—us.ts rewired to be deducted, with�eld and pad over to the Emloyment Development 0eWartmeot fi-arn the wages of employees of the Principal and subcontractors put-wane .o Section. 13b20 of the Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same, in ara amount not exceeding the ram specified in this band, and also, in case shit is brought upor, this bond, a reasonable attorney's lee, to e fix y the court. This bond snail enlrxe to the benefit of any of the persons nw-ned in Section 3 181 of the Civil Cade so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 4 `ED .4,N0 SEALED, his s dzy of A I CJS" , '() 99 YTS" & ASSOCIATES UNITED PACIFIC INSU NI CE CC}INIPAtiY (Principal) (Surety) By: BY ' ature&neral Manager CLAY -HpM _yATTORNEY-IN-FACT ,r9, (SEAL Pdi"T3 A �0 --NT OF NOTARY) t� H::t9'4zr:ls920AUdO043x0.aoc Page 1 of 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT h State of A,�i County v On /'/',- i ' �before me, f - 1 , Date > nd;ills f , ;ce.(a. "Jana 0000 Notary Pub(;c") �e a � r� a personaiiy appeared < = f /4- T Nazna{a)of Signer(s) ❑personaily known to me-OR-��rove, to e onthe basis of satisfactory evidence to be he persc�noo whose name(s) is/ subscribed to the within instrument and acknowledged to me that he/4-49> . executed the r' same in his/har authorized capavity(i ),and that by h)s/h r s,3na ure(,,;on the instrument the person( ' or the entity tpcsn bei-al# of which the person, ) acted, A X. :K'� executed the ;nstrument. �� ,.<. _,. _ m#�W `" tai i NES my hand and official seai. T T s q°t re at Notary Pubk IIP77f)NAI CALIFORNIA AL -PURPOSE ACKNOWLEDGMENT State of California ss. County of NAPA on AUGUST 3, 1999 _, before ate, THERESA STUDEBAKER NOTARY PUBTIC Clata Name anti T;1da of door(e.g.,'Jana Octa.Ncu try Pbk*) personally appeared - OLAP THOMPSON Nssr*$a Of Sd�gOnaq$) ...�f rX personally known to tie proved to me on the basis of satisfactory evidence to be the Derson(r.) whose name( islare subscribed to the within instrument and acknowledged to me that heishmAthey.executed x r the sante in his/hP. p authorized � l;j. RESA SUDESAKER" - capacity ` )t and that by Ns' t7t # '21,4766 signatare*on the irrstrurrent the person(s), or Napa Cour'y the entity upon behalf of which the person* :MyComm..;cp3, T2 acted, e�G��C:t u"� till irFstY ['Cte'�t, p r _ WITNESS nd and q#fflcial seal. d � � Flare Na^.ary Sesei Above � �s atone 9f Nosm:y pubtfc - OPTIONAL 77sough the inftlrmaticn below is not required by tats 7 rray prove valuable to persons relying on the document and couid prevent fraudulent mmovai ar,d reattachment of this roar to another document. Description of Attached €ocu ent `?We or Type of Document. 0ocurrtenit ate: � Number of Pages: - d Si n r(s)Other Than Nme c Above: - - - Capacity(les) Claimed by Signer Signer's Name: 0 individual 1 Top 01.fl;tr' t P Corporate Officer—'3itie(s): i�l Partner-p-0 Limited 0 General I � Attorney in Fact t ED Trustee # 6 17 Guardian or Conservator Other: i Signer isRepresenting:. 0 i '7 Nsttoma#N a try A3aocisINTA•9350 Oe Soto Avc,P.O.Box 2402•Chatsworth,CA 4t313-2402 Fro".lac:.5207 Rearoer.CaR Tott-Fr**5- -87"827 .wv.�v. StY1vw.L.Uiv`i�G${�'tJ.Gin£,Y-'..-_L_vee.�Yaw. ".rm,._ssw.�isUu�A��Yaw.�a.-voMuw�}.six+msx..k:.>A.ik..r..<e..s. SSfwXW nuY �m+A.++ ebcai>•a�M.SA.beG w'a:fU ,}A✓':SSJS%'4X..�rente RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE,PHILADELPHIA,PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INvi.IRANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly Organized under the laws of the Commonwealth cf Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a coWation duly organized under the laws of the State of kVls nsin (herein coileo:iveiy called"the Companies')and that the Companies by virtue of signature and seals do?iereby make,constitute and appoint Clay Thompson,Jeffrey D. Erickson, Rothera E. Chovick, of Naps!, Callft mia their true and lawful Attorney(s)-In-Fact, to make,execute,seal and deliver foar and or their beha€f,and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as ally and to the same extent as if s l01e bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Off#t r of the Companies and sealed and 'attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article\III of the Sy-Lows of RELIANCE SURETY COMPANY,RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY,and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effed,reading as follows: ARTICLE tfli e EXECUTION OF SOrvr a AND UNDI ERTAKCGS i. 'rhe board of Dimtcry,the President,the Ctairmaa of the aas:d,any Ssr3or Vice Frssidart,any Were?resident or Assinasn trice Presldern or oat.w*°torr dnigraec by the£gaud of UrecaYrs strati have *rawer and authority w(1,appoint Atmrmy(s)-in-Pact and w"thoriza them to exwum on behalf of the Coinpany,boada and taAwAkirtgs,remgnisstxzs,coagw%of noemnity wW other writings oWipwrry in the nature titvso€,a-td;b)to restore any suis Aaorney(s)•ir-F=nt aey tints ami mvoke the pmw&:Wntho:ity given to t3m. i. Anorney(s)-in-F=*firth have power and authority,subyect to the tertus and lithkWom of die=over of Attorney inued to them, to execute Lqd deliver on behalf of the Cern ceryl bonds attd unow akirgs, reengninnoes,contrwu d"Indemnity and other writings obligatory in dhe raters thereof. 'i:hs=porste nisi is-.tot rtoemwry for the velloity of any boods and undarakings—cogniaan,mnvac::s of indetsrity end outer wri^age ob!igawry in the-&-are theewf. 3. A.xrzyia)-is-Fee shelf have pewit and as isarity to xzetu a adavia rsauirrl ft ax attacheo to onds.reangairanrxs,cons tetra of indxtnsi y a athvr con trio ref ar oblige any nadctaki tgs a sd try s tt l also have power and aadtority to cenify dtc`nawal auitarnent of the Company end to copies of the Sy-Laws of the Company or gay a^tiche or sattion!tartar. This newer of Atz^my is slgned aAd sealed by facst.atile under and by authority of t w foiiowisg tesowdon adopted by t1te Exectalve and Finance Committees of the Sands of Directors of Reliance rasstrancx Company, United'Paofic Imum a cow .y WA leeks.=$dfie rAW iadtiMnity Company by UPAnknoas Cement dated as of F*bruary 29,1994 and by the Executive and Flnancial Committee of dna Stand.of Mrecion of RtHloce Surety ComWy by Unwi mrss Couestt dated as of!dards:31,iW" 'newt ed that the slgtintw"of such dk=ton and offerers and the seat of the Company r Ay be affixed to any s<toh Brower of Atwrney or my=ificam rr atLng aserew by facsimi;e,and any sot's Foyer of Amwmy or ceytifcate searing stac3t?atsintols stgnatum or fambrile sena shall be valid ami»hiring upon the Com=..y and any such 1%war so»y.eaumd and owti:ted by f=hnila sigeazww and facstsnile teal sbali 7e valid and bindirg upon tea Company,in the fxbsre with-Apect to any bond or to which z is ac=hed, IN WITNESS WHEREOF,the Comoanies have caused ti:ese presents to be signed and their corporate seals to behereto affixed,this April 23,1998. RELIANCE SURETY COMPANY a r> urvw, zwa x4� 6vane RELIANCE INSURANCE COMPANY =``0g'5:0' "� ° r,'o UNITED FRAC€FIC'NSURANCE COMPANY 9 r$ �' " SAI" ` RELIANCE NAT€C}hIAL ENDEMNITY COMPANY s 5,35, A3 $wt i STATE OF Was,•ington COUNTY OF King }s$. On this, April 23, 1998,before me, Laura L.Wadsworth, personally appeared Mark W.Alsup,who acknowledged himself to be the dice Presldent of the Reliance Surety Company:Reliance Insurance Company, United Pacific insurance Company,and Reliance National Indemnity Company and that as such,being authorized to do so,executed the foregoing instrument for the purpose therein ontained by signing the nacre of the corporation by himself as its duly authoftw officer. Pe I. witness whereel l hereunto set my hand and official seal. t h t 'it �~ h i { S�ITAITY � � i QIIEU A MAW �Wsry Public in and for the State of Washington € Raslding at Puyallup f Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE I COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct corny of the Power of Attorney executed by said Companies,which is still in full force and affect. IN WITNESS WHIEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3 day of AUGUST year oft 9 99. € y,sxary ayu°'"�.n. twaUarpa �xd'MOFs i - ti _ °SEALS ` 6 y � SaAl" EA� & a n' iy A$SIs"ant S rbc . Ftnaa� "t+e sw�` "s0+aCo vivp� v s � S ; _ y �f:'V.a �.. _..a,� •w_. Xd3 :s„ �..�fr�a..'n. ls� _ -.a+,.+' r .la:,a:1,G4e_�b.�td•' .e••miJnn»'', j"', { �_ c•a 5. 4 ,Y •..R ...h,,;,., GENERAL SERVICES DEPARTMENT Architectural Division 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 (925)313-7200 FAX (925)313-7299 File: 1114-9204/B.4.4 Date: July 20, 1999 TO: Board of Supervisors bk(P(A* FROM: Barton J. Gilbey. Director of General Services SUBJECT: CONTRACT AWARD RECOMMENDATION; Agenda Date July 20, 1999; Authorization No. W-H391B Bids or Restroom Accessibility Improvements, El Sobrante Library, 41191 Appian Way, El Sobrante, were received and opened at the County Architect-ural Division Offices on Thursday, June 24. 1999. It is recommended that the Board of" Supervisors award the construction contract to the iow bidder, Blythe & Associates of Fairfield, in the amount of $51,504.00, which includes $45,754.00 Base Bid, $4,600.00 Additive Alternate No. I and $1,150.00 Additive Alternate No. 2. The initial construction-estimate was $51,000.00. Other bids received were as follows: Additive Additive BokBW Alt, XQI Ah.N-Q,2 iglLl 1. Zovich Construction $49,7140.00 $ 3,400.00 $ 380.00 $53,530.00 Castro Valley, California 2. TMW &Associates, Inc. $53,903.00 $ 2,200.00 $ 275.00 $56,378.00 Stockton, California 3. E. A. Sparracino, General $55,760.00 $ 3,600.00 $1,030.00 $60,390.00 Contractor, Inc. Walnut Creek, California 4. Standard Elevator Co., Inc. $48,440.00 $14,950.00 $ 850.00 $64,240.000 San Leandro 5. Younger-Wunar, Inc. $57,910.00 $7,500.00 $3,250.00 $68,660.00 El Cerrito, California F:\"132\,159204\U00425m.doc Is 6. Pacific Coast Reconstruction $54,700.00 $12,000.00 $2,500.00 $69,200.00 & Bldg., Inc. Concord, California 7. Cornelius Construction $59,720.00 $15,000.00 $1,500.00 $76,220.00 Citrus Heights, Califon ia, cc: Count-y administrator's Office Contract Compliance Officer County Counsel Clerk of the Board(w/bids) H:\1992\;I:9204\2d00425rx.doc IS