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MINUTES - 09282004 - C.81-C.85
To: BOARD OF SUPERVISORS f CONTRA COSTA COUNTY From: William B.Walker, M.D. YS. Health Services Director Date: September 28, 2004 Subject: EXTENSION OF EMERGENCY DECLARATION AND AUTHORIZATION OF THE COUNTY HEALTH DEPARTMENT IN SUPPORT FOR NEEDLE EXCHANGE PROGRAMS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION Recommendation: CONTINUE with the emergency action originally taken by the Board on December 14, 1999 based on the increasing/epidemic number of AIDS/HIV and Hepatitis C cases among injection drug users in Contra Costa County. Backeround• Continued Needfor Emergency The spread of disease, particularly HIV and Hepatitis C, through the sharing of needles continues to be a grave concern in Contra Costa County. 30% of all people living with AIDS in Contra Costa were infected by injection drug use with the highest number of AIDS cases in'West County. As of December 1997, Richmond had the highest cumulative incidence of AIDS (4.8 per 1000 population) among Contra Costa cities, with at least 50 cases. Injection drug use was the estimated mode of infection among 40% of all individuals diagnosed with AIDS in Richmond. Among.African Americans diagnosed with AIDS in Richmond 1982-1998 53%were most likely infected through injection drag use. Contra Costa Health Services floes not currently provide needle exchange services(it is prohibited from doing so absent a declared public health emergency). CCHS does provide services focused on injection drug users including: I-HIV/AIDS Outreach and Education, 2-HIV antibody testing, 3-Substance Abuse Treatment, 4-Health on Wheels Van, and 5-Substance Abuse Counseling and Treatment for HIS'-infected clients. CONTINUED ON ATTACHMENT: YES SIGNATURE: ,r.,-'RECOMN'DATTON OF COUNT'S ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE ' 'PROMs OTHER SIGNATURE Sy ACTION OF BOAR}O yte; !�` -X_l APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE } UNANIMOUS (ABSENTS,°' �'h�Lk* AND CORRECT COPY OF AN AC"T"ION TAKEN �'` AYES: NOES: AND ENTERED ON THE MTNC..1'T'ES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED JOHN'SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Wendel Brunner, M.D. 313-6712 CC: Health Services Director Public Health Adrninistration BYk _ T C `!%f.."`C.= DEPUTY Board of Supervisors Page 2 Emergency.Declaration for Support of Needle Exchange Programs Exchange Works, a community-based .needle exchange service currently in operation in Contra Costa currently distributes clean needles on a one-to-one basis. Their volunteer staff currently exchange 5,000 needles per week at two sites. There are no established needle exchange program in East or Central County. PROGRESS SINCE EMERGENCYDECLARA TION ON DECEMBER 14, 1999 At the Board of Supervisors December 14, 1999 meeting, CCHS was directed to take four actions. As of January 7, 2000 the following has been completed: • CCHS has entered into discussions with Exchange Works in West County. + Supplies for the ongoing provision of the services have been identified. • CCHS staff have been identified to assist with the provision of information and referrals. • Documentation forms are being reviewed and revised as necessary to ensure that specific information is available to the Board. + Planning for an East County process will begin later this quarter after the preliminary process in West County is completed. Additional$ackt;round Text for Continuous Emergency Declaration for Support of Needle Exchange Programs Public Health Division,AIDS Program Contact: Christine Leivermarn, 5-6786 • February 11, 2003 —Board order submitted to recommend and accept"The Status of HIV Prevention Efforts in Contra Costa County"report to the Board of Supervisors. • February 26, 2003 —report submitted to the Family and Human Services Committee, "Options for Continuing Needle Exchange for HIV Prevention" . • March 3, 2003 ---report submitted to the Family and Human Services Committee, "Needle Exchange Follow-up Report--Strategies to Support the Non-Direct Costs of Needle Exchange". • April 16, 2003 —report submitted to the Family and Human Services Committee, "Activities to Maintain Threshold Needle Exchange Services in Contra Costa County"(4/21/03). • July 28, 2003 —report submitted to the Family and Human Services Committee, "Further Options for Continuing Needle Exchange for HIV Prevention". • September 9, 2003 —Board of Supervisors accepted Health Services reports of April 16 and July 28, and approved a one-year contract with Community Health Empowerment(CHE) to provide needle exchange and HIV prevention services; Contract#22877 with Opportunity West (fiscal agent for CHE); contract term 9/1/03 — 8/31/04. To: BOARD OF SUPERVISORS CONTRA COSTA : . COUNTY From: William B.Walker,M.R. T Health Services Director ` Date: September 28, 2004 Subject: Extension of Emergency Declaration Regarding Homelessness SPECIFIC REQUFS I'(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION Recommendation: CONTINUE with the emergency action originally taken by the Board on November 16, 1999 regarding the issue of homelessness in Contra Costa County. Background: Government Code Section 8630 required that, for a body that meets weekly that the need to continue the emergency declaration be reviewed at least every 14 days until the local emergency is terminated. In no event is the review to take place more than 21 days after the previous review. With the continuing inclement weather and no additional resources having been able to be placed on line to assist in sheltering homeless individuals and families, it is appropriate for the Board to continue the declaration of a local emergency regarding homelessness. On November 16, 1999, the Board of Supervisors declared a local emergency, pursuant to the provisions of Government Code Section 8630, on homelessness in Contra Costa County. This local emergency was extended on September 28, 2004. CONTINUED ON ATTACHMENT: NO SIGNATURE i--"RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER t� lv- SIGNATURE(S): : ACTION OF BOl�2D ON <-_i a`"s ' ' ' , r # APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE 'v UNANIMOUS AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: Contact Person: Wendel Brunner, M.D. 313-6712 . l ATTESTED ` ) CC: Health Services Administration JOHN SWEETEN, CLERK OFT E BOARD OF Public Health Administration SUPERVISORS AND COUNTY ADMINISTRATOR A ? x BY t JL,t_,.� %d _ DEPUTY TO: BOARD OF SUPERVISORS FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR DATE: September 28, 2004 SUBJECT: CONTINUE the emergency action originally taken by the Board of Supervisors on August 17, 2004, regarding the repair of San Pablo Avenue Bridge at Rodeo Creek, Rodeo area. (100% Local Road Funds) (District II) Project No. 0672-6U2522 Specific Request(s) or Recommendation(s) & Background & Justification 1. RECOMMENDED ACTION: DETERMINE that there is a need to continue the emergency action taken by the Board of Supervisors on August 17, 2004, pursuant to Public Contract Code Sections 22035 and 22050,to repair of the San Pablo Avenue Bridge at Rodeo Creek, as recommended by the Public Works Department, Rodeo area. Continued on Attachment: X SIGNATURE: K'ECOMMENDATION OF COUNTY ADMINISTRATOR RF-COMMENDATION OF BOARD COMMITTEE s� I PROVE _OTHER SIGNATURE(S): ACTION OFBOAy� =tAPPROVED AS RECOMMENDED'" O`rH&� VOE OF SUPERVISORS _ UNANIMOUS (ABSENTt,✓ 1.4-7U�-`d ) AYES: NOES: ABSENT: ABSTAIN: CR Jj G:1GrpDatatDeslgn\B0ARD ORDERS120041Rodeo Creek Bridge San Pablo Ave Emergency Continue 9-14.doe Orig.Div: Public Works(Design Division) I hereby certify that this is a true and correct Contact: Nell Leary (313-2278) C: M.Hollingsworth,Design copy of an action taken and entered on the M.Carlson,Construction minutes of the Board of Supervisors on the R.Tavenier,Maintenance p date shown. ATTESTED: ' '; John Sweeten, Clerk of the Board o7 f Supervisors and County Administrator Byte. > , Deputy SUBJECT: CONTINUE the emergency action originally taken by the Board of Supervisors on August 17, 2044, regarding the repair of San Pablo Avenue Bridge at Rodeo Creek, Rodeo area. (104% Local Road Funds) (District 11) Project No. 0672-6U2522 BATE: September 28, 2004 PAGE: 2 11. FINANCIAL. IMPACT: Total Work Order is$71,040. Low bid contract cost is$39,329. Project will be 100% Road Funds. 111. REASONS FOR RECOMMENDATIONIBACKGROUND: A. On August 17, 2004, the Board of Supervisors declared an emergency and authorized the Public Works Director to proceed with the most expeditious manner to repair the San Pablo Avenue Bridge at Rodeo Creek, Rodeo area. B. Repair status: 1. Public Works has awarded the project to the low bidder, E.E. Gilbert Construction. 2. Construction is scheduled to begin September 22, 2044. IV. CONSEQUENCES OF NEGATIVE ACTION: Non-concurrence of the above recommendation will delay repair of the bridge structure until 2005, which could cause the structure to continue to degrade. Continued degradation could result in further increased repair costs and possible loss to portions of the bridge. CONTRACT (Contra Costa County Standard Form Construction Agreement) 1.SPECIAL TERMS. These special terms are incorporated below by reference. (See Secs.2,3) Parties: Public Agency-- Contra Costa County Contractor—E.E.Gilbert Construction:,Inc. _ Use complete legal name of Contractor. Effective Date: Saber 27.2004 (see Section 4 for starting date.) (See Sea 3) Project Name:San Pablo Avenue Briidgge Repot Proj,No.0672-6U2522-04, Location:San Pablo Avenue(a?Rodeo Creek.,in Rodeo. The work consists of: dritlin and doweling rebar, roughening existrn surfaces, forming and pouring concrete around bent cap, all in accordance with the Plans, Drawings, Special Provisions and/or Specifications 0672-6U2522-04,prepared by or for the Public Works Director and in accordance with the accepted Bid Proposal Member 9,2004. (See Sec.4) Completion Time: Within 14 working days from starting date. (See Sec.5) Liquidated Damages: $ 850 per calendar day. (See Sec.6) Public Agency's Agent. Public Works Director (See Sec.7) Contract Price: $39, 29.00 (See Sec.8) Federal Taxpayer's I.D. or Social Securit No. (ATTACH C.OMPLETFL7 IRS W-9 FOR144) 2.SIGNATURES&ACKNOWLEDGEMENT. 41ic Public Agency,By. _ e M.Shiu, Works Director Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation Law, (D si to ofFi 'a1 paci e bu ess) B,. �I�' (Desi to o tcial capacity in the business :Yate to Contractor: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board,president or vice president;the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer. (Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California ? �f ' ) ss County of On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Contractor,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizedcapacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument. WITNESS my hand and official seal. Dated: ','"1•-V (Notary's Seal) (Notary Public) PA-PJM PL MUN ftpVj$ ,2s (Page 1 of 4) 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 in Section 1,SPECIAL TERMS. (b) Contractor shall,at his oven cost and expense,and in a workmanlike 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 perform the requirements of this contract,all strictly in accordance with the Public Agency's plans,drawings and specifications and in accordance with the accepted bid proposal. (c) The 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 Section 7,PAYMENT,without such an order. 4.1 IME NOTICE,`I'O t'ROC EED. Contractor shall start this work as directed in the specifications or the Notice to Proceed;and shall complete it as specified in Section 1,SPECIAL TERMS. 5.L 1OL31DATED I?AItAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor, allowance being made for comingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature ofthe case,itis 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 Section I$PECIAL TERMS,the result of the parties'reasonable endeavor to estimate fair average compensation therefor,for each calendar day's delay in finishing said work;and if the same be not paidPublic Agency may,in addition to its other remedies,deduct the same from any money due or to become due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay,suspension of work or extension of time,its duration shall be added to the time allowed for completion,but it shall not be deemed a waiver nor be used to defeat anv right ofthe Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Section 4215,the Contractor shall not be assessed liquidated damages for delay in completion ofthe work,when such delay was caused by the failure ofthe Public Agency or the owner ofa utility to provide for removal or relocation of existing utility facilities. 6.INTEGRATED DOCUMENTS. The plans,drawings and specifications or special provisions of the Public Agency's call forbids,and Contractor's accepted bid for this work are hereby incorporated into this contract;and they are intended to cooperate,so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions,or vice versa,is to be executed as ifexhibited,mentioned and set forth in both,to the true intent and meaning thereof when taken all together;and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Section I$PECIAL TERMS. 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 Section],SPECIAL TERMS,except that in unit price contracts that payment shall be for finished quantities at unit bid prices. (b) On or about the first of each calendar month,the Contractor shall be paid for all work done through the 15th of the preceding calendar month,as determined by Public Agency,minus 10%thereof pursuant to Public Contract Code Section 9203,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,or (2) Claims riled or reasonable evidence indicating probable filing,or (3) Failure to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (b) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and tabor 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 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 ofthe 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 Secs.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 Workers'Compensation insurance issued by an admitted insurer,or (3) an exact copy of duplicate thereof certified by the Director or the insurer.Contractor is aware of and complies with Labor Cod(Section 3700 and the Workers'Cornpensation 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 specifications or special provisions,guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. (Page 2 of 4) H. FAILURE TO PERFORM. If the Contractor at anytime 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 fornish 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 of Part 7 of the California Labor Code{beginning with Section 1720,and including Sections 1735,1777.5,and 1777.6 forbidding discrimination)and intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code,especially in Sections 1775 and]813, concerning prevailing wages and hours,shall apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 are incorporated herein. 14- WAGE RATES. (a) Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations 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 o€workman needed to execute this contract,and said rates are as specified in the call for bids for this work and are on Erle 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 constituting 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 of 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 necessary for the Contractor or any subcontractor to employ any person in a craft,classification 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 apply from the time of the initial employment ofthe 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 anytime on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6, forbidding discrimination. 17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the industries and economy of Contra Costa county,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this County in every case where the price,fitness and quality are equal. 18. ASSIGNMENT. The 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,orapproval ofwork 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 payments therefor,er any combination of these acts,shall not relieve the Contractor of his obligation to fulfill this contract as prescribed;not 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 AND 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 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 liability,claim or damage was unforeseeable at anytime before the Public Agency approved the improvement plans 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 actor 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),drawing(s),specification(s)or special provision(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 negligent or willful misconduct of any indemnitee. (Page 3 of 4) 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705,if applicable,by submitting to Public Agency a defied 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. RECORD RETENTION. Except for records delivered to Public Agency,Contractor shall retain,for a period of at least five years atter Contractor's receipt of the final payment under this contract,all records prepared in the performance of this contract or otherwise pertaining to the work,including without limitation bidding,financial and payroll records. Upon reguestby Public Agency,Contractor shall make such records available to Public Agency,or to authorized representatives of the state and federal governments,at no additional charge and without restriction or limitation on their use. 23. CONFLICT WITH BID. it is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this contract and the bid or proposal of said Contractor,then this contract shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. 24. USE OF PRIVATE PROPERTY. 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). \tt FORM APPROVED by County Counsel. (CC-1;Rev.3-95) Maintenance\Mark's\San Pablo Avenue Bridge Repair\contract DOC (Page 4 of 4) Formw_9 Request for Taxpayer Give form to the (Rev.January 2002) requester. Do not ident�f�caticrn Number and Certtficatien Department of the Traasmry send to the€R5. internal kevenue Service Name cz l+ I✓ M Business name,#different from above t� Individual/ rte �'�}} {�-^-� Exampt from backup Check appropriate Coax: ® Sofa proprietor Corporation t_.! Pastnersntp E_3 L}Uttx ► ........... ....... t�3 withholding c9 Address(number,street,and apt.or suite no.) Requester's name and address(optional) -as CL City,state,and ZIP.code C Inz Mae: AList account number(s)here(optl0fitsO 6RM Taxpayer Identification Number I Enter your TIN in the appropriate box. For Individuals,this is your social security number(SSN). social security number However,for a resident alien,sole proprietor,or disregarded entity,see the Part l instructions on page 2.For other entities, it Is your employer Identification number(EIN). If you do riot have a number, see How to get a TIN on page 2. or Note:If the account is in more then one name, see the chart on page 2 for guidelines on whose number Employer klentifecation number to enter. Certification Under penalties of perjury,I certify that: 1. The number shown on this form Is my correct taxpayer Identification number(or I am waiting for a number to be Issued to me),and 2. I arts not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. I am a U.S. person(Including a U.S.resident alien). Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions,Item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property, cancellation of debt,contributions to an Individual retirement arrangement(IRA),and generally,payments other than Interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN. (See the Instructions on page 2.) Sign Signature of 000, � Herrn U.S.perms Date ► Purpose of Farm What Is backup withholding?Persons making S.You do riot certify to the requester that you certain payments to you must under certain are not subject to backup withholding under A A person who Is required to file an information conditions withhold and pay to the IRS 30%of above(tsar reportable Interest and dividend return with the IRS must get your correct such payments after December 31,2001 (29% accounts opened after 1983 only), taxpayer example,Identification ncome�aid o number (TIN) real)to estateort for after December 31,2003).This Is called'backup ' Certain payees and payments are exempt transations,moria Interest ou ail# withholding.'Payments that may be subject to p g mortgage y P backup withholding Include interest,dividends, from backup withhotdin Sae the Instructions on acquisition or abandonment of secured property, page 2 and the separate Instructions for the 4r� p� i'ty= brokar and barter exchange transactions,rents, Requester of Forret W=9. cancellation of debt,or contributions you made royalties,nonemployee pay,and certain eq to an IRA. payments from fishing boat operators.Rea( Penalties Use Form W-9 only If you are a U.S.person: estate transactions are not subject to backup (including a resident alien),to give your correct withholding. Failure to furnish'TIN.If you fait to furnish your TIN to the person requesting it(the requester) You will not be sub ect to backu withholdin correct TIN to a requester,you are subject to a and,when applicable,to: on payments you subjecreceive if you give the g penalty of$50 for each such failure unless your 1.Certify the TIN you are giving Is correct(or requester your correct TIN,make the proper failure is slue to reasonable cause and not to wlNfutl neglect you are waiting for a number to be issued), certifications,and report all your taxable Interest 2.Cert you are not subject to backup and dividends on your tax return. CW penalty for false information with respect Certify y 1 p to withholding.If you make a false statement withholding, or Payments you receive will be subject to with no reasonable basis that results in no 3.Claim exemption from backup withholding If backup withholding if. backup withholding,you are subject to a$500 you are a U.S.exempt payee. 1.You do not furnish your TIN to the penalty. if you are a foreign person,use the requester,or Criminal penalty for falsifying Information. appropriate Forint W-8.See Pub.515, 2.You do not certify your TIN when required Willfully falsifying certifications or affirmations Withholding of Tax on Nonresident Aliens and (see the Part 11 instructions on page 2 for may subject you to criminal penalties Including Foreign Entities. details),or fines and/or Imprisonment Note:If a requester gives golf a farm other than 3.The IRS tells the requester that your Misuse of TINs.If the requester discloses or form W-9 to request your TIN,you must use the furnished an incorrect TIN,or uses TINS In violation of Federal law,the raquester s tons If It is substantialty;similar to this 4.The IRS tells your that you are subject to requester enalties may be subject to civil and criminal Form W-9. backup withholding because you did not report p all your Interest and dividends on your tax return (for reportable Interest and dividends only),or Cat.No.10231x Form W-9 (Rev. 1-2002) Sep 05 04 U4-UE FEE ILBERT C6k t 92 S228CI485 p.4 ----- t Executed in Duplicate PEMMANCE BOND--PUBLIC WORX First Term Premium SondNo. 233025 Fully Earned Pranitun0=.00 Any claim under this Bond should be sent to the:followi�adatrca hdemni ty Co American Contras rs 9841 Airport ES17a9 lcscsr Los Angle es, --. -- KNOW A LL BY THTSE PMENTS: TbAt we, E E Gilbert Construction Inc. as PrInciptd, and American 05ntil—c—to—rs µTnaMnIT .=o.a cr rpozation crgayized and eXisting under the laws of the State of Q-.I,iforni _ sad atrthorizcd to transact sta-sty bwuness in thePubliWork Stag of C,atifomia,as Surety,ue held aM ggrit ,hound unto Centra Costa o; ligec, in the surra of Thirty Nine Thousand I3011ars(S 329. jwfulmoneyoftbeLTDRed States of America, for the payrnet7t of which sum wolf and truly to he meds, vire hind ourselvea, our heirs,executers,adrrdniatrutors successn d„assrgats,joiudy seed severally,finuly by these presents. Three Hundred Twenty fine TIM CONt3ITt4N of the abovlig atioa is stack that, whereas the Principal has entered inin a contnict dated Sept 16, 288 , whir the Obiigec to do and pmform the foilowing woi*,Ao- wit:s.,4 is marc specilically set fcarth is the cataract dtxtpents,reS nta to which is hereby made., Project #0672�6U2S22. 04 drilling & doweling rebrar,�rgyg�ening ex1sting su facir. aalthre " ete encase nt NOW TimEFt RZ' if thz Principal shall well Jew rm gttirtnarnt���sat�s cOntmtt arouni beat documents required to be performed an its part, at tare times cid in the war to specified therein, then cap this obligation shall be null and void,othcrwise it shall remain in lull force and effect. PPLOVIDED, that any alterations in the work to be done or the materials to tae furnished,or changes in the tune of completion,which may be made pursuant to the tarns of said contract documents,shalt not in any wary release the Principal or the Surety ther=ndtr, uor sUl atry extertaions of time gnnted under the provisions of said cor3tma documents release either the Principal or the Surety,and notice of such alters tiers or extensions of time is hereby waived by the Surety. PROVIDED, that if any action is to muc=4 can this bond by the Oblig,ce, in addition res the suars sp=ifmd above, ti:c Principal and tate Surety, their heirs, execsat4rs, tachninistmtors, sa..cccssors and assigns,joiw.ly arad severally, shall be obligated to pay to the Obligca all rns',s, attorney's Cees slid outer litigation exposes incurred by the Obligee in collecting monies dui under the terms of this bond. SIGNET)AND SFALEL,this_ 4th day eaf_ September 2 4 (S.EA.L) (SEAL) E Gilbert Construction Inc. American Contractors Indemnity Compan a Traci}gal} _ (Surety) (Signature) (Signe re) Chetfl Griggs (SRA;: AND ACY-N0Vr't.ED(Z4.BN'T OF NOTARY) Attorney-in-.Fact gt ¢�ati#ex�,�xllctap,u.-t�ra�saatll�acrtbcsd.das CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT b i� �c:w\�"-`"x�'�,�'��_�+�`,.<"t.�e""�' 4"` •�'�e'�`'�v'�.�'`a� �•,,¢``c��`:�.>.�_ A1�"�:4..>..i`Yl'`"�.",e� ;!`�.�!`.�,u�^.^.•�,y...� t ,�` �2�_�., State of California ti SS. County of1' ' OnlV_ moi'✓'before me, bate „// Name and'r0k of UU!eer(e.g.,'Jana ,Notary Publi^') personally appeared �f. . "� Name(ay of Signers} Ypersonally known to me proved to me on the basis of satisfactory evidence to be the personal whose nameW is/Ase subscribed to the within instrument and acknowledged to me that he/siva/they executed IWATRICIAA.MIRT I the same in his/last/qtr authorized Commiwon#13379M capacity{, and that by hisawlltl�eft' NarWi I Public-California signatureo on the instrument the person*, or Alameda county the entity upon behalf of which the personW ym _ reaJan7,2W6acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 2&dAM46rZer # mr,0,?,0” Document Date r, 10e.'.7 Number of Pages: / Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer ~ Signer's Name: /t1Fi►7 ' C. f�ld .001 0 Individual ,y�► Fop of thumb here Corporate Officer—Title(s): n Partner--C]Limited 0 General 0 Attorney-in-Fact 6 © Trustee '? C Guardian or Conservator 0 Other: Signer Is Representing: A IM National Notary AasWahon•8350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 973132402•www.nationainotary.ory Prod.Gia.5807 Reorder:Call Totbfree 1-600-876-W7 S l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sonoma On 9/14/04 before me, Cassie R Sull ' v rC Date lime am Title of officer(e.g.."Jane Doe,Notary PuNio') j personally appeared Cheryl Griggs �h Namels)of Signer(s) x personally known to me-OR- proved to me on the basis of satisfactory evidence to be the person($- r whose name% ist„�subscribed to the within instrument r and acknowledged to me that-11Wshelt executed the same in bi+S/herj>&r authorized capacity{), and that by tbCherf r' signatures on the instrument the person(Z* CASSIS R.SULLIVArtr Commission#1412263 or the entity upon behalf of which the person ] acted, *- ,My Notary Public-California executed the instrument. Sonoma CountyCornm.ExpiresApr19,2007 WITNESS my hand and official seal. r� Signature of Notary Publ;c T' OPTIONAL Though the information below is not required by taw. it may prove valuable to persons rely/ng on the document and could prevent r5 fraudulent removal and reattachment of this form to another document. Description of Attached Document <. Title or Type of Document: Band #233025 r' Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual Individual Corporate Officer Corporate Officer Title(s): Title(s): Partner-- -- Limited General _. Partner— Limited =__ General ^ ,x Attorney-in-Fact __ Attorney-in-Fact r' - Trustee Trustee Guardian or Conservator . _ Guardian or Conservator _ Other: oP 3i thumb here Other: Tc;�of tnumn here i l Signer is Representing: � � Signer Is Representing: American Contractors 3 Indemnity Company I 0 1995 National Notary Association•8236 Rommet Ave..P.O.Box 7184 Canoga Park,CA 913097194 Prod.No.5907 reorder,Cali Toll-Free 1-800.876.6827 SOP 05 04 U4: UU .i. � PROPOSAL(CONT.) ` PAYMENT BOND—PtMLIC WORK (Civ.Code Seco.3247-32481 2 3 3 0 2 5 R,=4110. Pretrtitma luded a n performance band Any claim under this Bond sbould be ssmt to the followlIg stdeltm*: American Contractors Indemnity C 9841 Airpor v t floor Los Angeles, 5 KNOW ALL BY TRESS MSENTS: Ttsarwe, E E Gil}oprstruction Inc. primiVal, m~e-c-an on rcesators 'Indemnity Co .a cocporatton oigsniz A and existing nn&r the laws of this State of, Calif ogn i a and autbtrtized to tri zct su=ty business iu the State of California,as Surety,am held and firmly bound unto Contra Costa Co. Public Works Dept �,as Obligcc,in ttu sour of T i Xjy kUne*Dollars($j_9-,„229. 00 }lawful money of the United States of Arca,for tfta payment of which sum well and truly to be made, we bind ourselves, our heirs, excc°stars, administratoro, successors and assigns,jointly and severally,finWy by tbcsoprcaents. *Thousand Three Hundred Twenty Nine 00/1C THE C ON1)11TON of the above obligation is +tush that, w#tcrcas the Prinmpal has entered iulo a cont-act dated Se,Pt- 1 b, 2004 _, vAth the Obligee to do and parform the following work,tn-wi is is more specifically set forth i the contract documents,reforwza to which is hareby rzadc.**ProJ #0672-6172522-04 drilling, doweling rebar, roughening existing sur forrt� 5 ntorint ca toert �Se ' nt cap �tER.Et`U e tf ie d spa ur a tibco» . PaS Section 3181 of the Civic Code, or asnounLi due under the Unemployizrettt insartttacc Cotte with respm to work or tabor perfonrtcd under the contt%z% or for arry amounts required to be deducted, withheld and paid over to rho Employment Developtnwtt 13k:pe2rtrsunt from the wages of employers of the Principal and aubeontrazstors porsussnt to Section 13020 of the Unemployment tasurance Code, with mspect to 6=h work and labor, the Surety .vitt pay for the same, in an amount not exceeding the sung specified in this bond, and also. in case suit is brought upon this bond, a reasonably anozncy's fee,to be firxod by the court, :`hiss bond shall cnsurr to the bcnet of any of the persons seamed in Section 3181 of the Civic Carla so as to give a ries of action to such persom or their assigns in any suit brought upon this bond. SIGNET)Aj�,"D SEAL ,dhj 14th qday of 5ep�embe\lr.. 2004, (Sj++,A�rr..) (S�I I E E Gilbert Construction Inc American Contractors Indemnity Compan _`. c'P (Surety) } 4 (.5tgrtatUrt) Cheryl Grid ,a` ttorney-In-Fact (SEAL AM ACKNOWLEDGMENT LGMENT OF NOTARY) �grprlsclaaic'Icsi,�Lcts�,r�lpr�pr�sailpay�sc�nd.cly CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `�-�',cu:..-5�` 'x��,... '..'r`r �"+' .`�y.'rt'`' -t -�.'(`.C`!'�' �C�!'�Cc.�'.�^Cy^•��`�C�`x<'�"^`'�'���<�.�_.1'., ,.�.-^^, State of California ss. Z�3 County of On +�' r .,r�1;, �.Taag 'K before Date Name and Tale of Officer(e.g., Jana Doe,NotaryJIiC-) personally appeared , eye .+tr'� Names)of signers} J1personaliy known to me ❑ proved to me on the basis of satisfactory evidence to be the personal whose name;4 !slaw subscribed to the within instrument and acknowledged to me that he/0e/gi7 executed the same in hislttelttaut authorized PATRICLAX WRTH y(capacit Ct�mmi� lonflf337 f aer}, and that by his/fit Pte,cautbMi signature*on the instrument the person,e, or AIWT dgCOurtty the entity upon behalf of which the person,) ibVrCoffm EVkw.jsn7,2006 acted, executed the instrument. WITNES3 my hand and official seal. signature of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document:� �r – -'' t "40!1 Document Date: Number of Rages. / Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: Lc. '•r► E.. ❑ Individual Top of thumb here ;<Corporate Officer Title(s):_���1 ❑ Partner—❑Limited ❑General tQ ❑ Attorney-in-Fact ❑ Trustee ; El Guardian or Conservator ^' x ❑ Other: Signer Is Representing: 4f �.,�� .�'�`�>`� `�%4,',."-c.�t.�=C.`�%C-'�!v�;.;d"-�>'�%t.�-v`�:�t;`�`�..'�`�;'�G,��✓..^�::Z-C;'�=�.'!��,�`>ti.4.�-�;�",>c�...<x:%":�C,�.-E.e::�r'��<�,`�✓,;�!s;>>. 19%Na6mal Notary Association•0360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402+www.nation&tWary.org Prat.No,59D7 Reorder.Call Toll-Free 1-600-878.5827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California S County of Sonoma On _ 9/14/0 beforeme, Cassie R Sullivan, Dace Name and Title of Officer te.g..`Jane Doe.Notary Public-) r personally appeared ___-_-- Cheryl Griggs Names)sfsgner(s) h r x personally known to me--OR--=proved to me on the basis of satisfactory evidence to be the person(*.. whose nameW is4aw subscribed to the within instrument , and acknowledged to me that>6/she4Wy executed the r1 same in l /her/.#Tsir authorized capacity s),and that by r =-• ...i. ther/tr'signature on the instrument the person{ S �CA�S�SIER.suurvaN Co+nmisslon# ?Ai2283 or the entity upon behalf of which the person acted, �r t: Nolory Public�Cailfornlo executed the instrument. j �Ionty t9,20p7� WRYNESS my hand and official seat. T signature of Notary Pub4c OPTIONALS Though the information below isnot required by law, it may prove valuable to persons relving on the document and could prevent �S h fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Band #233025 r Document Date: Number of Pages: r Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: -- Individual _ Individual Corporate Officer Corporate Officer Title(s): Title(s): Partner--__ Limited ;:_ General _ Partner— _= Limited __ General { K Attorney-in-t=act Attorney-in-Pact Trustee _. Trustee Guardian or Conservator _ Guardian or Conservator Other: Too o`fhu-t h8 8 TO of th,1 r k - _ Other: � � ere 'S Signer Is Representing: Signer is Representing: \ i �; American Ccsn�r�,.tor� rn- - on .Y r 0 1996 Nwunnaf Notary Association y 8236 Remmet Ave.,P.O.Bax 7184•Canoga Park.CA 91309.7184 Prod.No 5907 Reorder.Call Toif•Free 5-800.876-8827 American Contractors Indemnity Company 9841 Airport Blvd.,9'Floor Lox Angeles,California"045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: ' That American Contractors Indemnity Company of the State of California,a California corporation, does hereppoint, Nancy L.Wallis,Cassie R.Sullivan or Cheryl Griggs of Santa Rosa,California its true and lawful Attorneys)-in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed $ --- 13,000,000.00***Dollars This Power of Attorney shall expire without further action on March 18,2007. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6,'day of December, 1990. "RESOLVED that the Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have the power and authority 1. To appoint Attorneys)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. ?'o remove,at any time,any such Attorney-in-Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto byfacsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15`x'day of December,2003. ft sin AMERICAZCRACTORS INDEMNITY COMPANY By: j STATE OF CALIFORNIA § Robert F. omas,Chief Executive Officer •�• COUNTY OF LOS ANGELES § On this 151x'day of December 2003,before me, Deborah Reese, a notary public,personally appeared Robert F. Thomas,Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office, WITNESS my hand and official seal. Mx PE ctooftlaSignature of Notaty cityMy Commission expires March 18.2007 11M _EMar1b 20€D7 L,W-0-W I,Jeannie J.Kim,Corporate Secretary of American Contractors Indemnity Company,do hereby certify that the Power of Attorney and the resolution adapted by the Board of Directors of said Company as set forth above,are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 14 th day of September ,200 4. A - Bond No. 2 3 3 0 2 5Jeann J.Kim,Co orate gecretary Agency No. #9004 Rev,!'OAF2l13N3 48/10/2404 09:43 FAX 707 793 7125 USI Insurance-Petaluma 10042/412 - 1 A CERTIFICATE OF LIABILITY INSURANCE rRow.r." T#1A tOMWAU M AlUED AS A MATTER OF THLtN UM Northern CaUfomir OHLY AND CANPM NO RIGI tS UPON INK COMCATE 1BT0 Corporate Clraly,X01 HOLM R.THIS CGRTOWATS NOT AMEND,MUD OR AL-TER TM COVOtAGN AFFOI¢DEti By THE POtI BELOW, P.O.Box 4+40$ Petaluma.CA 9+4959.4409 MUKERS A"O#WiWG COVWAOE kAIC 0 U011.11111" 1NItURPcRA: `C'r'avele►ra E.R.GNbert Construction sNauRtetn stow coMrnsmdon insurance Puntl of 155 Howl Rd. INSURER C. Martinoa,CA 94553 $I$URlRv: u:IRER c: COVERA"S THE VOU CIES OF INWItANCE LNI t'ED HLOW HAVE 00114 ISSUED TO THE INUMD AAAED ASM FOR THE POLICY PERIOD INCACATE D,NOY WITH5TANDiNG ANY REOUREMENT,TOtM OR CONLStTION OF ANY'CONTRACT OR OTHER DOMWENT WITH RE8ftCT TO WHICH THIS CERTIFICATE MAY DE ISSUED Olt MAY PERTAIN,THE INS V$00 411 AFFOFOW SY THE PWCje6 DE$CRIDW%fiilklIN L$SLGJgirT'rO ALL,THE TMS.EXCUMONS AND CONDITIONS Or SUCH POLICIfS.AGGREGATE LIhfTS BMOWM MAY HAVE SM StEOUCED fY WAS?MANS, TYPE or INSURAWN PDpd6Y wimm LINtT! A C NERALUANUTY OTE'COi78 "55TIL 06/01/04 013101105 EACFIDCDLIRRENL'E s1 X COWAGACIAL GENERAL L"ILJTY 13" CLA04 MADE E A y OCCUR ftiD#7tr 9^Q Orlodl $ KRAOHAL9ADVNJURY e1 W0 GENERAL AGGRELIATE $ 000 G&N`L AGGREQ47ie UNT ArpLIES PSA' PRODUCT$.00WO-A04 *2.00.000 POLICYX VT LOC A AUTOMOV LS IJAMUTV DT$1 DMXIMIST L OW01104 06/01105 001M$INEO s91,000,000INULE LIMIT X ANY AUTO I"u� 0I ALL OWNED AUTOS 40my 4K)URY 3011ROULSA AUTO$ (Pt+ 011) - X 140M AUTOS sooty INJURY X NOMOWNEDAUT4X (Psesood-) S PROPERTY DAMAGE S SP*goddeno GARAGE UASILITY AUTO ONLY-I=A ACCILSEkT i ANY AUTO OTHER THAk EAACC S xLITOONLY; AGC S EXCTfS9tLH "UtA I,IAwffy @AGN OCCURAME S_ OCCUR ED CLAIMS MADE AGGREOAVIL S S OLOVCTIISIE RL�TENT s S t3 wwwastS cows t$ATKkt ANo 175898304 01/=04 10101104 X IMPLO YA",LIAS Uffy l.L.EACH ACCIDENT 0 0 000 ANY f�pi74SRIETpSIJPARTNEAtEEXpCilTIVE, Ck�i�(cRlMEdkICR E=&Dx Ea.OLAEASE-EA EUPLOYt 01 00 000 I ; MI-a w,dtr PR E.6.04sAse-POLICY LIMIT St OOt3 OtlO OTHER DE$CRIP"Ok OF O►KATIO"i LOCATTOkS F VEHICLE$/EMUS*"ADDED!!Y V400"INENT 1$PECIAL PROVIMONS Canvotleti+on:Except for ten daft notleA for non-payment of premium. M San Pablo Avenue bride Repair,Pro eat OM2-=522-04. Contra Casts County Public Works D*psrtmlo w,Its slectivo,appointed hoards,commissions,officers,apnts and omplayees are named Ifs Additional Insureds par the attached GL endorsement. C*RTWICATE HOLDEA CANCIUATION $H4t"ANY as THE ABOW DESCINI W"UCtti SR CA$4&UJ0 WIF TRS Tt-10 L1GPlR "ON ContreF Coats County DATE THMOF,TW 1:18404 W&UPER W"XMWKXajWVA& 30 t "V*WRITTEN Public W orM Department Ntm=TO TNR CiR:TRNCATS HOLLSER NA MID TD TM!LEF'r,0=M= 11 WW& 24731N4terbird Way ■flardnlalax Martlnax,CA 94553.17 SWAT FI'!1 t ACORD 25(2ft-IM% 1 of 2 #S6437511M62515 CORPt)WIC IN 106 0811012004 08:44 FAX 707 783 7125 USI Insurance-fretalusa Q003/012 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the €ol€cy(es)must be endorsed. A statement on this certificate dues not confer rights to the certificate holder in Hsu of such andorsement(s). It SUBROGATION IS WAIVED. Subject to the trams and conditions of ttta policy,certain pdictes may require an endorsement.-A statement on this certificate does not corder rights to the certificate holder In €leu of such andorsement(s). DISCLAIMER The Certificate of Insurance on the reverse skis of this form does not conatAute a contract between the issuing insurers), authorized representative or producer,and the certificets holder, nor docs it affirmatively or negatively amend, extend or after the coverage afforded by the poems fisted thereon. AGCiW23-8t=-11AW 2 oft #11"37111M SIS _ _ 08/10/2004 08;44 FAX 707 783 7125 USI Inwance-Petaluma X004/012 C0bZQ3&aAL GENERAL UAW= ' THIS ENM SEMEN T CHANOM TIS POLICY.PLEASE READ IT CARE]CXLY ....'.. ... BLATMT ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement mDdifies insurance provided under the following: CON MMCIAL Gli'N>rRAL LIABEMY COVERAGE PART Ct)1VS119ERC.IAL GENERAL LIABILITY•CONTRACTORS'CO VERAGE PART 1. WHO IS AN INSURED-(Section II)is amended to include any person or organization you axe required to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and sighed and executed by you prior to the loss for which coverage is sought.The person or organization docs not qualify as an additional insured with respect to the independent acts or omissions of such person or organization.The person or organization is only an additional insured with respect to liability caused by"your work" for that additional insured. 2. The insurance•prosvided to'the additional insured is limited as follows: a) In the event that the limits of liability stated in the policy exceed the limits of liability required by a written contract orwraten agreement in effect during this policy period and signed and executed by You prior to the loss for which coverage is sought,this endorsement shall be limited to the limits of liability required by such contract or agreement.This endorsc>ent shall not increase the limits stated in Section Ill-LMTS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property dStFIqe", "personal injury'or"advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to tender any professional services.including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports,swveys, field orders,change orders,or drawings and specifications,and II, Supervisory or inspection activities performed as part of any related architectural or engineering activities. C) This insurance does not apply to "bodily injury" or"property damage" caused by"your work" included in the"products-cornpleted operations hazard". 3. Subpart(1)(a)of the Pollution exclusion tinder Paragraph 2.,Exclusions of Bodily Injury and Property Damage Liabilitir Coverage(Section I-Coverages)does not apply to you if the"bodily injury"or"property damage" arises out of"your work" performed on premises which are owned or rented by the additional insured at the time"your work"is performed. Copyrigbc,ne Travelers Wermity CoMpany,2002 Wage I of 2 09/10/2004 08 i1 44 FAX 707 763 7125 SI Insurance-Petalusa 4. Argy cove�rar.proved lay this endo�a�t`tci�n a�Gdit�nal�suaed ashes be T excess over any other valid Intal 6oUctibler m`sdtAwc ay4able to the adolitional Ws urred whether primtty,excess.contingent or do any cwt'basis unless a%Tiitte n ..�.. ,�.. eontraott or written agreement in a toW&poy p*dod and s%wd a4d . ..,�•... executed by you pricer to the loss for which�oyearage it sought specifically requires Hanel that insurance apply on a prtimatjr or anon-contnUtory basis. When this insurance is p unary and there is;4ber it wance available to da additkinal insured from any source, are will sham with that other insmance by the method described in the pommy, 5. As a condition of coverage,each additional inured Hurst: A.) Give us prompt written notice of any"crccxw m eor offense which may result in a claim and prompt written notice of "suit". b.) Immediately forward all legal papers to us,cooperate in the defense of any actions,and otherwise corrsply with polity conditions. c.) Tender the defense and indemnity of any claim or"suit"to any other insurer which alloi insures against a Dasa we cover under this eaQdorserrrent. This includes,but is not limited to, any insurebr which has issued a policy of insurance in which the additional insured qualifies,as an insured.For purposes of this requirement,the term"iin uses against"rckrs to any self- insurance and to any insurer which issued a policy of insurance that mi ay provide coverage for the lass, regardless orf whether the additional insured has actually requested that the insutea:provide they additional insured with a defense and/or indemnity wieder that policy of'insurance. d.) .Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. FY*igt►t,The Travelers Inca aizy ap py,2flb2 Page 2 of 2 Contra Costa County # Small .Business Enterprise and Outreach Programs Self Certification Form tSECTI 3 Complete this section to certify as a Minority Business Enterprise (MBE)and/or Woman Business Enterprise(WBE) and./or Disabled Veteran Business Enterprise(DVBE) Check appropriate box: Contractor Q Special Trade Contractor E Trucker ® Manufacturer❑ Construction Supplier L3 Vendor L3 Consultant/Service Provider LJ Are you certified with any other agencies: Yes No If"Yes"please list: U [a If you are a Contractor,are your annual gross receipts fourteen million dollars($14,000,000)or less? Yes ( No ----------------- __._ . -------_-.- .____.___._.-__ -__ __.__ __. _ ._---.__ If you are a Special Trade Contractor,are your annual gross receipts seven million dollars($7,000,000)or less? Yes No If you are a Trucker/Manufacturer/Supplier/Vendor,do you meet the SBA size standard? Yes No (Tor the specific SBA size standard contact the Affirmative Action Office, 925 335-1045 Is your firm 51%owned and managed by one or more minority owners? Yes U No Is your firm 51%owned and managed by one or more women owners? Yes U No El Is your firm.51%owned and managed by one or more disabled veteran owners? Yes ❑ No 0 Are the owners citizens or lawful permanent residents of the U.S.? Yes No If you are a DVBE,is your principal office located in the United States? Yes d No 0 SEC'T'ION 4 Work Conducted By Firm;(Describe what your firth does.) Construction q Vendor/Supplies Consultant/ Service Provider ECT1OY Certification of Ownership The undersigned is authorized to execute this Self Certification form on behalf ofe,.E. 6 y f 2d Cd Name of Firm / ire 2 Street Address(City, State,Zip Code) Name(s)of Owner(s) And swears under penalty of perjury that our firm meets the definition of SBE and/or MBE and/or WBE and/or DVBE set forth at the top of this form and that all information contained in this form is true and correct.Any material misrepresentation will be grounds for terminating any purchase orders or contracts which may be or have been awarded. Signed in t' ` i._ 7, '+ t 1` �l'�r t71 i -#---!210 ity,County,State) on ,200 By rit ) Title Si na#ure `" Area Code phone No. Return this Self Certification Form to: Contra Costa County Affirmative Action Office 651 Tine Street--10th Floor Martinez,CA 94553 Revised 11/19/03 a:SBEOutreachSelfCertification Page 2 of 3 See Other Side Contra Costa County r Self Certification. Form Small Business Enterprise and Outreach Programs A Small Business Enterprise is an independently owned and operated business; which is not dominant in its field of operation; the principal office of which is located in California; the officers of which are domiciled in California; and which, together with affiliates, has 100 or fewer employees and average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or is a manufacturer with 100 or fewer employees. A Minority or Woman Business Enterprise is a business that is at least 551% owned by and whose management and-daily-business-vperations are controlled-by;-one,or more--minority orwamernowners-rhoere Citizens or _ lawful permanent residents of the United States. The control must be substantial, real, and on-going on a regular basis. The firm's annual gross receipts must be fourteen million dollars ($14,000,000) or less as a contractor and seven million dollars ($7,000,400) or less as a special trade contractor. Truckers, manufacturers and suppliers must also meet the Small Business Administration (SBA) size standards based on their Standard Industrial Classification (SIC) Code. A Disabled Veteran Business Enterprise (DVBE) is a business entity at least 51% owned by one or more disabled veterans and whose daily business operations must be managed and controlled by one or more disables veteran(s); the disabled veteran(s)who manages and controls the business is not required to be the disabled veteran business owner(s); and the home office must be located in the U.S. (the home office cannot be a branch or subsidiary of a foreign corporation, foreign firm, or other foreign based-business). The disabled Veteran must be a California resident have a service-connected disability of at least 10% or more and be an honorably discharged veteran of the U.S. Military, Naval or Air Services. SECT10 1 Legal Name of Firm(Print) ' Street Address(City,State) (Zip Code) t Mailing Address(City,State) (Zip Code) j / Area Code)Phone No. (Area Code)Pax No. E-mail 12 Is your in office located in Contra Costa County? Yes No [� For Statistical Purposes Only(See Page 3 For Definitions) Check all appropriate boxes: MBE ® WBE ❑ DBE ❑ SBE LBE DVBE ❑ Ethnicity of Owner(s): White Black Hispanic Asian American Indian/Alaskan Native ECTIONN 2 Complete this section to certify as a Small Business Enterprise. State Certified SBE: Yes No Certification No.: Have your gross receipts for t e ast three years averaged$10 million or less Do you employ more than 100 employees o ether per ear? Yes No - with affiliates? Yes No Is your principal office located in California.? Yes No ❑ The officers reside in California? Yes No i Revised 11/19/03 a:SBEOutreachSelfCertification Pagel of 3 See Other Side _.. _ __ ............................................................................................................................................................................................................................................................................................................................ - Contra Costa County Small Business Enterprise and Outreach Programs Self Certification Form Department Use SECTTt?N 6 Departmental Concurrence The undersigned department concurs in the above Self-Certification form and is satisfied that the applicant meets the requirements for self certification as an SBE and/or MBE and/or WBE and/or D V13E. By < o e,,. % PI., --------- _. ___. ..__ —-. - _(Departneest _._._._____._ - W __..____ (Signature of Depar went Head or Deputy) (Area Code) Phone No. Date (p �! ..�+ T Note. This form should be forwarded to the Affirmative Action Office within 10 days of its completion. MBE, WBE, DBE, SBE, LBE and DVBE Definitions. A Minority Business Enterprise (MBE)is a business entity which is at least 51% owned and whose management and daily business operations are controlled by one or more minorities who are citizens or lawful permanent residents of the United States and a member of a recognized ethnic or racial group. The management operations, and control must be substantial, real, and on-going on a regular basis. A Women Business Enterprise (WBE)is a business entity at least 51%owned and whose management and daily business operations are controlled by one or more women who are citizens or lawful permanent residents of the United States. The management operations, and control must be real, substantial and on-going, on a regular basis. A Disadvantaged Business Enterprise(DBE) is a small business concern (pursuant to Section 3 of the Small Business Act)owned and controlled by socially and economically disadvantaged individuals. This means that socially and economically disadvantaged individuals must own at least 51% of the business, and they must control the management and operations of the business. DBE criteria is used only for state or federally funded projects that require DBE goals. A Small Business Enterprise is an independently owned and operated business; which is not dominant in its field of operation; the principal office of which is located in California; the officers of which are domiciled in California; and which, together with affiliates, has 100 or fewer employees and average annual gross receipts of ten million dollars ($10,000,000)or less over the previous three years, or is a manufacturer with 100 or fewer employees. A Local Business Enterprise (LBE) is a business entity whose principal place of business is located within the boundaries of Contra Costa County. A Disabled Veteran Business Enterprise (DVBE) is a business entity at least 51% owned by one or more disabled veterans and whose daily business operations must be managed and controlled by one or more disabled veteran(s); the disabled veteran(s)who manages and controls the business is not required to be the disabled veteran business owner(s); and the home office must be located in the U.S. (the home office cannot be a branch or subsidiary of a foreign corporation, foreign firm, or other foreign based-business). The disabled Veteran must be a California resident, have a service-connected disability of at least 10% or more and be an honorably discharged veteran of the U.S. Military, Naval or Air Services. Revised 11/19/03 a:SBEOutreachSelfCertification Page 3 of See Other Side TO: BOARD OF SUPERVISORS CONTRA FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES _ _. COSTA DATE: SEPTEMBER 28, 2004 COUNTY SUBJECT: CONTINUATION OF EMERGENCY ACTION TO FACILITATE Cd COMPLETION OF THE CONTRA COSTA COUNTY ANIMAL SERVICES FACILITY PROJECT AT 4840 IMHOFF PLACE, MARTINEZ (WH415F) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION DETERMINE that there is a need to continue the emergency action taken by the Board on April 6, 2004 pursuant to Public Contract Code Sections 22035 and 22050 to complete the Contra Costa County Animal Services Facility at 4800 Imhoff Place, Martinez for the Animal Services Department. FINANCIAL IMPACT Costs will be covered by funds deducted from the contract balance for the remaining work. To the extent that the contract funds are not sufficient to cover all expenses, the County presumably will be able to recover the additional amount from the contractor, Dennis J. Amoroso Construction Co., Inc. ("DJA") and/or their surety, Travelers Casualty and Surety Company of America ("Travelers"). BACKGROUND 1. On July 9, 2002, the Board awarded the construction contract for the Contra Costa County Animal Services Facility, located at 4800 Imhoff Place, Martinez, to DJA of San Rafael, California. The contract required completion within 430 calendar days from the starting date. On July 24, 2002 a notice to proceed was issued with a starting date of August 5, 2002 and a contract completion date of October 9, 2003. 2. DJA has not performed in a timely manner and has failed to comply with the scheduling and completion requirements of the contract. As a result of DJA's performance delays, the project presently is over five months late and only about 77% complete. 3. The County repeatedly has notified DJA and Travelers orally and in writing about the lack of progress and concerns with the project schedule. For an extended period of time, DJA and its subcontractors have failed to supply sufficient materials and workers to complete the project, and DJA has failed to comply with the scheduling and completion requirements of the contract, as documented by the following:CONTINUED ON ATTACHMENT: X YES SIGNATURE: &6ft4q&& k•✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE b KP'PROVE OTHER SIGNATURE(S): a ✓i -, :. ' ACTION OF BOA7D fFl � # /, r. APPROVED AS RECOMMENDED OTHER �` �� l�t..)�~, VOTE OF SUPERVISORS r VUNANIMOUS(ABSENT'+--''1—t4Lk- ) AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT:BARTON J.GILBERT(313-7100) Originating Dept.:General Services Department i HEREBY CERTIFY THAT THIS IS A TRUE cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN Capital Projects Management Division AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISORS ON THE DATE SHOWN. CPM Fife: 250-00031C.1.1 ,rd' , . 250-0003/A.5 ATTESTED ( f� L fp `1 . #_ E - - t "� �z County Administrator's Office JOHNSWEETEN,CLERK OF THE BOARD OF SUPERVISORS County Counsel AND COUNTYADMINISTRATOR Auditor Controller ! " a •. Animal Services Department(via CPM) BY ti ���.-�. �'�._.' ,DEPUTY H:120001250000=01-003308b.doc LDR:tb Page 1 of 3 M382(10/88) CONTINUATION OF EMERGENCY ACTION TO September 28, 2004 FACILITATE COMPLETION OF THE CONTRA COSTA COUNTY ANIMAL SERVICES FACILITY PROJECT AT 4800 IMHOFF PLACE, MARTINEZ September 16, 2003 letter to DJA: Letter requested that DJA take all measures (manpower, scheduling, material procurement, etc.) necessary to prosecute the work in a diligent manner and regain lost time. October 9 2003 letter to DJA: Letter notified DJA that the project was substantially behind schedule and that no firm completion date had been established by DJA, requested that DJA provide a recovery plan, and warned DJA that the County reserved its right to assess liquidated damages for delays. November 3 2003 letter to DJA: Letter notified DJA that, due to financial, scheduling, and other problems under DJA's control, the project was significantly behind schedule and that subcontractors were not performing and reminded DJA of the continuing costs to County operations, including existing lease payment obligations and administrative costs. December 22 2003 letter to DJA: Letter informed DJA that the County had not received an approved schedule from DJA. Despite the above notices, DJA has failed to take appropriate action to supply sufficient labor and materials to the project, to provide updated schedules, or to comply with the scheduling and completion requirements of the contract. These defaults continue up to the present. 4. Since August 2003, DJA generally has failed to pay bills for labor and materials on the project. As a result, over 26 stop notices totaling more than $1.7 million have been filed on the project. Other subcontractors/suppliers have indicated that they also have not been paid and will be filing stop notices. The numerous stop notices have interfered with the project funding and have made it difficult for the County to arrange payment to necessary subcontractors and suppliers. In addition, over the past six months, many subcontractors and suppliers have slowed or cut off the supply of labor and materials to the project, causing the work on the project to progress erratically and at a slow pace. DJA and Travelers have failed to take effective action to release the stop notices or to deal with the serious financial problems. 5. On January 14, 2004, the County received a letter from Travelers demanding that the County release no further contract funds, including retention, without Travelers' advance, written consent. The notice had the effect of freezing all payments on the project, including those to necessary subcontractors and suppliers. In addition, on February 27, 2004, the County received a writ of attachment from Travelers attempting to take possession of all contract funds. 6. On January 21, January 30, February 6, February 25, and March 16, 2004, the County sent letters or email messages to Travelers demanding that Travelers take prompt action to pay critical subcontractors and suppliers, to restore funding to the project, and to provide a qualified replacement contractor to complete the remaining contract work. On March 17, 2004, the County received a letter from DJA advising that DJA had no objection to Travelers providing a replacement contractor and had urged Travelers to take that action with the County's project. Despite the numerous demands to Travelers, Travelers has failed to take any meaningful action except the onetime issuance of checks to nine subcontractors and suppliers. 7. On March 15, 2004, the County gave a written, ten-day notice to DJA and Travelers pursuant to the contract provisions. The notice listed five defaults, including the ones described above, demanded that DJA correct the defaults by March 25, 2004, and warned that DJA was in material default under the contract and that failure to timely correct the defaults would lead to termination of DJA's contract rights. Despite the notice, DJA and Travelers failed to correct the defaults by the March 25 deadline and continue in their failure to supply sufficient labor, materials, and funding to complete the project. H:1200012500003100L003308h.doc LDR:sc Page 2 of 3 M382(10188) CONTINUATION OF EMERGENCY ACTION TO September 28, 2004 FACILITATE COMPLETION OF THE CONTRA COSTA COUNTY ANIMAL SERVICES FACILITY PROJECT AT 4800 IMHOFF PLACE, MARTINEZ 8. The above-described defaults affect the entire project and present a potential threat to the animals presently housed in the existing Martinez Animal Shelter. Given the seriousness of the defaults and DJA's repeated failure to take timely action to deal with them, it was recommended that the Board declare DJA in material breach under its construction contract and terminate DJA's rights under the contract. It was also recommended that the Board authorize County Counsel to pursue appropriate legal action, including the negotiation and execution of a takeover agreement or similar agreement with Travelers and the filing and prosecution of lawsuits against DJA, Travelers, and any other responsible parties. 9. The existing Martinez Animal Shelter is obsolete and subject to overcrowding, and it was essential that the new facility be complete and occupied as soon as possible. To deal with this imminent threat to public safety and welfare, and to minimize the adverse impact of extended rent and possible rent increases for the existing Martinez Animal Shelter, it was recommended that the Board delegate to the General Services Director or his designee the authority to respond to the emergency by proceeding with the project in the most expeditious manner possible, without the need to re-solicit competitive bids. 10. Consequently, on April 6, 2004 (Agenda Item C.105), the Board 1) found that an emergency exists, 2) delegated authority to the General Services Director to proceed in the most expeditious manner to complete the project at 4800 Imhoff Place, Martinez for the Animal Services Department and enter into one or more contracts therefore, and 3) directed the General Services Director to make reports to enable the Board to review the emergency actions and to determine that there is a need to continue the action. 11. The Takeover Agreement between the County and the Surety (Travelers) was executed on August 6, 2004. A Notice to Proceed was issued by Travelers through their agent, Sage Associates, to Robert L. Brown Construction of Martinez. Robert L. Brown and Travelers have executed a Completion Contract with the completion of the work now assigned to Robert L. Brown. Surety agrees to complete the remaining work no later than December 20, 2004. 12. The condition that the Board found to be an emergency on April 6, 2004 continues to exist. Therefore, it is necessary to continue the emergency action previously taken by the Board so that the work can be completed in the shortest time possible. H:1200012500003\00L003308b.doc LOR:sc Page 3 of 3 M382(10/88) TO: BOARD OF SUPERVISORS � �• � Contra FROM: JOHN SWEETEN, _ Costa COUNTY ADMINISTRATOR µt 4..r �. B``' civ DATE: September 28, 2004 °r,;•�©� County�:�' SUBJECT: CONTINUATION OF EMERGENCY RELATIVE TO JUVENILE HALL ADDITION PROJECT (WH228F) or-q500, SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: DETERMINE there is a need to continue with the emergency action originally taken by the Board on November 18, 2003 on the Juvenile Hall Addition Project(WH228F). FISCAL IMPACT: The financial impact remains as stated to the Board on November 18, 2003. BACKGROUND: On 11118103 the Board acknowledged that an emergency exists related to the completion of the Juvenile Hall Addition Project (WH228F) and that the emergency will not permit a delay resulting from competitive re-solicitation of bids, and delegated to the County Administrator, or designee, the authority to proceed in the most expeditious manner to complete the project and to enter into one or more contracts therefor, without the need to re-solicit competitive bids. CONTINUED ON ATTACHMENT: —YES SIGNATURE: -------------------------------------------------------------------------------------------- ----- -- - -- - --------------rEE ----------------- ,--RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ION OF BOARD COMM ,,_AMROVE OTHER r SIGNATURE{S - -- r r =---------------- -- ------------------ - ----------- l req --- -----------------------------ACTION OF BOARD O `v �, :mss, r. 'AI'I}KONG AS RECOMMENDED O'1'IIER s VOTE OF SUPERVISORS I HEREBY CERTIFY THAT'rHIS IS A TRUE s• ` AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENr'- �C "�"� ) AND ENTERED ON THE MINUTES OF TILE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: S ATTESTED CONTACT: JOHN SWEET]IN CLERK OFTHE BOARD�SUPERVISORS AND COUNTY ADMINISTRATOR CC: County Administrator County Probation Officer County Counsel URS–Mark Gaul(via CAO) DEPUTY