HomeMy WebLinkAboutMINUTES - 07082008 - C.1 G SE._L
TO: BOARD OF SUPERVISORS � .
. _ Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa
DATE: July 8, 2008 s County
..��v
' Tq COULI'�
SUBJECT: APPROVE plans and specifications, AWARD and AUTHORIZE the Public Works Director, or
designee, to execute a contract to the lowest responsive and responsible bidder for the San Pablo
Dam Road Rehabilitation project, El Sobrante area, (District I) Project No. 0662-6R4148-08.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE plans and specifications; AWARD and AUTHORIZE the Public Works Director, or designee, to
execute a contract in the amount of$2,111,192.10 to Ghilotti Bros., Inc., the lowest responsive and responsible
bidder for the San Pablo Dam Road Rehabilitation project; El Sobrante area. (16.3 % Surface Transportation
Program (STP) funds, 45.2 % Proposition IB funds, 35.8 .% Measure C funds, and 2.7 % City of Richmond
funds) (District I)
FISCAL IMPACT:
Project will be funded by 16.3 % STP funds, 45.2 %Prop 1B funds, 35.8 % Measure C funds, and 2.7 % City of
Richmond funds.
Continued on Attachment: ® SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMNWNATIONF BOARD COMMITTEE
❑ APPROVE ❑ OTHER -
SIGNATURE(S):
ACTION OF BOARD ON D
APPROVED AS RECOMM E OTHER ❑
I hereby certify that this is a true and correct copy of an action
VOF SUPERVISORS taken and entered on the minutes of the Board of Supervisors on
VUNANIMOUS(ABSENT ��� )' the date shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: �O "�""�'
KE:kg JOHN CULLEN, er e Board of Supervisors and County
G:\Const\BO\2008\7-8-08 San Pablo Dam Road Rehabilitation Award.docx
Administrator
Orig.Div:Public Works(Construction Division)
Contact: Kevin Emigh(925/313-2233)
c: Auditor-Controller
E.Kuevor,CAO By Deputy
County Counsel
Contractor
Surety
SUBJECT: Award of Contract for San Pablo Dam Road Rehabilitation, El Sobrante area. (District I) Project
No.0662-684148-08
DATE: July 8, 2008
PAGE: 2 of 3 .
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Public Works Department received bids from the following contractors:
BIDDER TOTAL AMOUNT BOND AMOUNTS
Ghilotti Bros., Inc. $2,111,192.10 Payment: $2,111,192.10
Performance: $2,111,192.10
nd
2Bidder
Windsor Fuel Co., Windsor, CA
3rd Bidder
Granite Construction, Santa Clara, CA
The above-captioned project having been previously approved, and the plans and specifications having
been prepared by, filed with, and approved,by the Board of,Supervisors, and bids having been duly invited and
received by the Director of Public Works on June 24, 2008, and
The general,prevailing rates of wages, which shall be the minimum rates paid on this project, having
been filed with the Clerk of the Board, and copies to be made available to any party upon request; and
The Board of Supervisors having determined that the project is exempt from the California
Environmental Quality Act as a Class l Categorical.Exemption, and a Notice of Exemption having been filed
with the County Clerk on October 12, 2006; and
The bidder listed first above., Ghilotti Bros., Inc., having submitted the lowest responsive and
responsible bid, which is $116,807.90 less than the next low,est,.bid; and
The Director of Public Works recommending that the bid submitted by Ghilotti Bros., Inc. is the lowest
responsive and responsible bid, and this Board concurring and so finding;
NOW, THEREFORE, the Board finds, determines and orders as follows:
The Board APPROVES the plans and specifications for the project and
The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded
to Ghilotti Bros., Inc. at the listed amount and at the unit prices submitted in said bid, and that said contractor
shall present two good and sufficient surety bonds as indicated above, and that the Director of Public Works
shall prepare the contract therefore; and
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 the Director of Public Works has reviewed and found them to be sufficient, the Director of Public Works,
or designee, 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 Public Works, or designee, any bid bonds posted by the bidders are
to be exonerated and any checks or cash submitted for security shall be returned; and
I. �r
SUBJECT: Award of Contract for San Pablo Dam Road Rehabilitation, El Sobrante area. (District I) Project
No.0662-6R4148-08
DATE: July 8,' 2008
PAGE: 3 of 3
The Board FURTHER ORDERS that the Director of Public Works, or designee is authorized to sign any
escrow agreements prepared for this project to permit the direct payment of retentions into escrow`or the
substitution of securities for moneys withheld by the County to ensure performance under the contract, pursuant
to Public Contract Code Section 22300; and
Pursuant to Public Contract Code Section 4114, the Board DELEGATES its functions under Public
Contract Code Sections 4107 and 4110 to the Director of Public Works, or designee; and
Pursuant to Labor Code Section 6705, the Board also DELEGATES to'the Director of Public Works or
to any registered civil or structural engineer employed by the County the authority to accept detailed plans
showing the design of shoring, bracing,.sloping or other provisions,to be made for worker protection during
trench excavation covered by that section; and
The Board DECLARES that, should the award of the contract to Ghilotti Bros., Inc. be invalidated for
any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would
have exercised its discretion to reject all of thei'Nds received. Nothing herein shall prevent the Board from re-
awarding the contract to another bidder in cases where the successful bidder establishes a mistake, refuses to .
sign the contract or fails tofurnish required bonds or insurance (see Public Contract Code Sections 5100-5107).
CONSEQUENCES OF NEGATIVE ACTION:
The San Pablo Dam} Road Rehabilitation project would not be built.
l
co
0
•++ O O O O O O O O O O O .O O O O O O O O O O O O O
coO
F-
LO O O N Ln O O O C h O G C OO O G O to
Q N C N O O O 0 Ln 01 O v � O M LO * O n O O O N 0 O O O Q
7 n O O O O 0 rr 0 O N t0 w O 0 rr O t0 O O O N h O O .�
O O o M O LO Oi O Lf ti n N lh O N M CO O Oi lA ti OO r♦ .-I Yf O I!f 0
L U E N N r1 U1 ri M Yk is. N ilf N U1 Yk M O 10 N It Vk Yk M. r1 M m
04C v S Q ilk W L. Vk ilk i k i 4 Nk 40. rl " 4& N ilk w cto 4) a
i0 V o �
m i 1: q O O O Cl O O O O o O O O o C. 0 o O o o O O o 0 0 o t
;.J O O O O O O O O O O O O O O O O O O O O O O O O O y
Z M C Ln 3 O M O O O O iR o LO .�•1 m m m Ln M iR O N M ^O v m o v O m
E ,.., O ,= cr �- 0 Ln O O O O M •--L N 01 01 O W fR O O iR HT N iR m ifF O iR O
W U o ^ u� O % � O iR iR vk iR iR Vk M if, U1 O� tY
E
O C 3 $ O O
CL M ri a
Go q 00
(q✓) 0.
c — 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g o 0 0 0 0 0 0 0 0
m co
O O N O O 00 O O O O O O O O O O O O O O O O O O
(n M ++ h O LO O O O O O O O O O O O
N0 O O O O O O O O O 0
X C n O M 0 O LO O O O O O O O -T O O O O O O M O N O 0 00
O
m 7 W O O O O '''1 'D to N d' 00 O O rf O N M O n N f\ N M
t\V�_ �,• � N
E Lk N O M w N Yk N ilk N iR w M 14 0 01 ri m iR 11 41 ilk N
i d Q ilk Ln V1 y1 in- ilk w 11 tlk ri w co ilk
fo® n rn 4Aw w m
ou�i ,� )
U L Ln o Cl o 0 0 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 o N O O r* o o O O o 0 o O Ln o 0 0 o O o 0 0 0 O a
N 7 O V " 9 n O M O O Vir O O M O O O O O^ A O O co kD VO• N O oM O M C
ll.. � p0 m IF, O 00 O O N .-+ m Lo LD LO O VR O Q iR iR - M W N VF 0
0 0 00 C n M m iR iR iR iR iR H} iR � - VF Vk 40. Aft
U O -0 ^ O vk
>C_ O ?_C O
. v
O O O O O O O O O O O O O O O O O O O O O O O O O
O O O O O W O O O O O O O O O+ O O Oi O O O O M O O
++ M 0 C O O O O o O O O lA O O N O O O O O O O N O N
G N O O. O O L0 et N O O N N O N 00 O O O O O O at ri O N
7 ri N O Ln 0 N M v v O O 01 O 01 M O 10 00 O W N N w O N
` 0 M M ri P. N LA M O rl 00 - M N Lt O W rl N N N r a N ri
r1 E w y1 00 Uk V1 N Vk .•i ilk 0 41 ilk M N W 0 N 01 41- dr iR 11 M
4!
,v C Cl Q it} tlk 41 ilk V1 Y1k r UVk N d1 w
p ri
m
a r
3 � ; Q —4 0a 0 0 0 0 0 0 0 0 0 0 0 o r. 0 0 0 0 0 0 0 0 0 0
U o O o O O r* o O O o O O O O V: o O o o O O O Ln O O
^O Ln O O O O O O Ln Ln O O Ln O O •••L O O LO O N O Ln W O Ln
0 O � L 9 N O O O O V} 00 n N In Ln N O LO iR O O v r\ O O 00 m O Ln
,Q a m .-i In O Ln In — iR M V- V• M O .••L O W iR iR N .--L N w O iR
CO "-, Ln a+ N} m Om0 r r iR iR iR iPr Hk iR N iR iR fik tR r1i
Aj LY .•. ; + iR iR
Ln C .�L
O
O O0 O O O O O O O O O O O O O O O O O O O O O O O O
.0 NO O O O O O O O O O O O O O O O O O O O O O O O O
H ' y 6 G C O C O O C O CO G O 0 C C O O C 0 0 0 C C C
C N O O O O O N O O O O M O N 00 O M OO O w O 0 O O
X N 7 co O O O O co O Ln O O co N Ln 'r t N O N Ln O LO n w N O O
0 C0 ri O Y1 O V rl ti 4 N Cr ri r•1 ri 10 O 01 r\ P. Ln ri 4 O r\
EH Y1 N n iR n Y1 ri rl Nk w ilk Y1 01 N 0 'Q N V w w w H N
O Erj Q ilk a1 �1 tl1 il1 ak uk ak ilk v1 N e1 .+ a1 v1 N
V 0 W O
N.•- 41 O o O o O o 0 0 o O o O O O o O o O o o O O O o O
C d y O O O Cl O O O O O O O O O O O O O O O O OV,
O O O O
4 d C , Ln O O O O N O O O O O O O 00 V" O O Ln O O, O O O O O
Q. n O O O O iPr Ln Ln O O H •--L O o iR O Ln r\ 01 N 07 O Ln O V'
•CL 0 y} O O O O m N Ln Ln V' V- Ln Ln O LO iR H} - 1f} V' iR O VR
'2 O C U O V) O v vs iR irR iR iR -L+ ri iR iR iR iR p
W a.L
C I.R. iR tR iR of
m �
Lf) N r1 r1 ri M t0 N v 01 M ri N O ri n O O O N N 11 Ln
i7 N01 M O e0•i M M 0 N rNi 1^0
7 M N M LO
C,
'= a v, of m LaL a a a a a Q aL Ln Z >• Z aL a LL of aL
O _ ? W J J J J W J W W W W W i L/) J {q (/) O J W H J J
CO �Q
® O
O a UO
en
(n
i§ t u_o
CQ 0 u
<
mo
Y �
W C i U
L d _
v c CL N E w
C N a 'r0 -0 a C' ria O � L
•rr a u LY o o = a - 3 0 c
E 0) IT
Ce 4-1 a M is 7 Lp
G a 0 v O ^r v a V >. L O U w a
.O+ m c E cn (7 a CM O oCp O O fa '� a O p)
rn a ra ` in E Ln O c s C7 U c a c a
G N U H .n m c '� m O M s 7 d c1 a - `a-' m u
c a Ln u
a) rn Q o cO1 m o �° E o - o m LZ (D c .� c c � °3
CO. m o b s 0 a c s v a � m o E L a ro o, v v
c a a) c
O o1 0 U E 0 m a3) Q)) c a m w + � Y N c c c
m a U. a O a a; Ln V) ra rn aci ''ro c � o 0 0
c v �. U o ro ((pp +� ,� ,� , ,, a c U U U
V V In N Ln to V1 'C O E a C N L L L
O 3 C N �+ rho E O O ., ., -, U ro OL � 0 .� O O O
O O L 0 a a a a p p O O a rn ra ra O L O C C C
I— a - LY Q Q Q Q Q U U Q a m m U 0 E
0 C it
O ri N M Ln
It Ln t0 N O CA O rI N M tt
r! N M tt LA t0 n Co Q) rl ed ri ri ri rl rL 1i ri rl N N N N N N
V C N
(� V N
i
C In
v
oC >, 0 0 0 0 O o 0 0 Ln O O O O o 0 0 0 0 a
w O C `o O O O O O O, Q O N O O N O 1D O O O O F
f0 ao m a+ CO N 0 0 O O to to N O V h O 00 0 00 O 0 to
rn C t0 w O O O O" Ln o1 m O t0 m 00 N M O Yf co
7 tD h h O ,O �f N et h W 01 tD. 4r N M O CO
O Q o 0 O N 00 00 N O N 4 M tt/ NN 00 O tLl N
tU U ti M N Yf 4k ei 'i r4 A 4k 4r 4r 4+ 4r N tD Ln m
N C ai Q 4r iR 4k 4r N 4k 4r 4r W 0
� O � m
O w
R m 7 m cit ..
O ,� g j, .--� O O O O O O M O �/1 O O O O O O O O O t
• J O O O O O O'�, M N lJ1 O 'd' '+ O �--� N O O
ZM o t vi C=)�'I' m Vr — (D O 'O O 4& VF 4& � � V+ i� VF Vr � O Lo _ O
E V V u m cV +!� v v iR, p + d
4A E
O 3
a a
//L1�•� 0 co
LL a
O O O O O O O O O O O O O O O .O O O O c
c O O O O O O tD O O O O et O O O O O O )
00 ttl O O C O Ln 00 00 O le N O N O O 01 0
X C Ln v 01 O O O v .'10 01 O w v W Ln O � O N O 0
o
O t0 O O tD o
T m 0 tp Ot 0i tD K1 N Oi .� O M N O to .-i eq N
4k Ln .-1 4r 4k rl 4k rl rl 4♦ 4r 4r 4k .'i Ln h N
fc0 d Q 4f 4k 4r 4r 4k d} Vr 4k N
d1 a u N 4} W
OLn
V U - 01 '1 LamO O 'O O O O O N O O O O. O O O O u1 O O o`
O 'O O O O O P'1 .� V O V: N O O O W O O p•
N N � Q I N 00 O O O O O .�-i O N N .--� r+ N N N O Ln y
(, V� Vr In O O N VT Vr Vk Vr Vk iR 4r Vh Vr Vr O M O
LL 00 m r, Vr uj ' 0
L LZ M �. M ni
Vr Vr Ln
O 'n ; V+ (�
>C O c ^O
O O, O O O O O O O O O O O O O O O O .i
N w O O O O 00 O O O O a O O O O OO N
++ h v 01 O O O v 00 O N O � O .4
C tD Cr N O O O M' N W O tap
7 N Ot ri O tD M t0 v h w 0 � if, O X00 O O 0 N
` 0 Ln 14
et O M ttl 0f 01 e .-i O M %6 N 'Q 4f O 00
d U -4 EO Q 4r 4k Nr- Vf 4r ilk iwh 1 4k 4r 4r 4k 14 C4 4r 4k Ln N
O C 0 �
00 '
i N l
O O O O O O .-+ O O O O O O O O u1 O O
(� 00 u1 O O O O M -i V O V N O O O W O O
0 0 �_ N O O Ln i iR � Vr � Vr Vr � '& � O Cl
J Q ,� ��, d- m VF iH I0 O 00 ti O "
OV Ln :Lj w Vr rl�Vt Vr olLn N
O Ln i�� Ln
C
Nm
00 Ln (n
O
CD O O O O O O O O O O O O O O
Qf O O O O O O O O O O O O O O O O O O O
y N
O 0f O O C C O O H O o1 C O G O O O O
NN C O Ln 01 O O In t0 tD CO O O tD O M O O
h .tr 01 O �D h W h t0 h N N t1' rl N O O tD
L y �. O N Cn r1 0 ti 1. e O lri ao N 4r O r1 M O tD Lri
c q .i wl V" 4" Vf M N O
4} 1 4k 4k 4k 4r 4r Yf 4r v N
N 0
O O O O O O O O O O O O O O O O O O
O O O O O O ul O O O O O O O O O O O
Q Q C' O ul O O O Ln V N M to M Ln In Ln u1 %0 O O
Ln Ln
LLn u0'f W rN-i Vr 44- 4A. 1t 4-1 Vf Vr iR Vr Vr O CD
's-
,O:2
o C V Vr �; Vr Vr o I.R.
m .O W a+ yr L
C
m � '
h rl N N. N O O Ln O Ln N O 0 O O .4 ri
Ln 0% N t0 00 00 CT O M 0 O N O 'tt Cm
C N N
ti O t0 rl N N N M
M M .4 N
W a Q Q U. a a a U. L6 W U. U. W W N Q
J h W J J J H J W -
i
G ,
Ql
N
� M
-0 N
CL C25
U tp N N M N CO 00 + O
O M cn N N N M M M X- ^
O. M tp 01 l6 t0 l0 f0 (O f6 t6 > } C:m y a-+ .i..+ a� +.+ _ - O
C a, N 3 D D .Ni .Ni Y
41
O
y V C= a>- d Q 00_ d n. a Q Q a
c +L.+ aLr C O
41 3 7 U) U) U) N U) V) V) V) Ln N tIt
w _0 v � N >` w V_ U_ U_ V_ U_ _U U_ V_ U E CD
O_
C 0 _0ff
m U) c E to m ra to to to 2 to la la
. �� `� E U L L L L L L L L L �••i -J
w c to •4 F— F— F— F— F— F— F— �— F— [L L
C C ! 4- M to � '- U U V v u V U V V v 2) O
t0 41 > LL m + i+ i7 1+ a+ ++ lj
p u u > L va to to to ti'i to to N to V) �
C1 O O O N O G to ra M ro m to l0 fu (6 to c
=2! - to a a a a a a a a a a m V1
u 'L o o o o o o o 0 0 0 0
Y c cL U v c ¢ v E E E E E E E E E E e
L I O O NL N L L L L L L L L L L C
O C C' — a) v a) Q) a) w 0) 0) W W
C Q LU n. F— F— F— F— F— F— V) cn H
V O E C% O. T4 N M v Ln �O r- 00 0% O N M
C L) & N N N N M M M M M M M M M M of at at
a. o
U 0
U O N
V U �
C 00
00
o 00
qT
t �
N
ce
tp
,a tp
O O
ce
E Z
Im c
O O E
IL a
c •
�o
O f\ M O M O O M n N O O M O N O N O O N M M M M O
O I0 P� O M N O M t0 lD O O M O C! O t0 O O I0 M M cq M O
O tC 00 O (6 w vi M 0 0 N O M O 0 O ri O O w M M O M m
N I V) t0 w v n O 0 O O t0 m0 N M N
O t0 M w N .i w O v O N w N 14
mo p t0 ti N Vf Vf 00 to e! N V1 rl fh .-i C O % Oi O V) N rl e! 00 N ,
iA H O ri iA N
401- wtAR- w iA iA M- M N w %D N a 4& M. 4& in- M
m Q iA � iA iA Aft- AA- A01- "4iA A& iiR N iA
3
o �
J
� M
N m O N M O M O O M M N n O M O t0 O M M O N M M N M n
m O c0 O M 07 O M M cD a0 O M O lD O M M O t0 M M .i M tD
O n y 0 w w O M O 0 M M ri .l O M w rf O w V4 n v M M 0 M N
3 � y� Vf �D r\ O M iA V1 rl 10 t0 tD N O O� iA O O Vf �0 D► Ol N M M �
p� O N M N M w N qt w t0 0N iA O w iA iA W4 A01- M iA N iA
JM iu iA ri N Vf Lf AR- 401- HF mi- YF -Af, C 40)- iA w c
O O 14 O .i iA 401- N iA N
r� 3 a +A +A ♦A o
o c
co
N .-i .1 .-� .--� V' M %D N v Q) M .-i N O .-a n O O O N 7 to .--� In
�+ Ln 7 M t0
yam„ O R M N
am a
Q N�n ��nn Q QQ QQ QQ Q Q NN
W J J J J J W J W W LLl W W J N J P (n Ln J W N J J
I
C
O
L
a
V
Gl o, n o v rOj
xo ~ _ n
— u E
C a� v is a 3 0 3
O m fu
o m � o U
fD CL £ LU E v ai a °� v M `r '� L
Cl v o 0 • S a� ou a) aUi ° rn u L
o 'ro w E o
D O1 rn c E N v°Ji o _� s C7 U c 0 ani n v M fu o'
v c `°
LR a c c fm ro o a� fO O n m
�' u M 2 v, ani �' u
. . ra
C a� C: L o ai `� E LL LL v
C 3 O CL1 n (>' C Y a) a1
3 o v c u n } 0 m 3 3 a w Y � v u v
a�
v of v W W �n cn m u c 'S c a� 0 0 0
wl
> i u a U p u 0 ti, ti, a c E LL ami J n U U U
7 i 3 c � ru E o o > > > > .5 ,`n n > 0 �c rho
d to v a a a a ¢ a v n m m v f
U c
V O C 0 .i N M qT N W P% O Cl 0 ri N M v {A
U V M Z N M IA t0 1� 00 Ol i N N N N N N
c ao
00
a3 �
s %0
D: N
�O
m O
EZ
c
C
OE
CL a u
c
�a
M O O K O O O O M M
It h O le M t0 10 O I1t O O 10 O N O O M M
er 1� Y1 tG M
0 Ln le N O O O O N M 0
w v 0 O O 10 co *4 .4 M M
y c N 0 U! 0 0 M 0� N .f w 0 w iR i of 14 M w
M p n n er t0 t0 r1 01 � N M t0 N M M O41
N Q ti} iA in- mi- -WiR 4& i� i/F Vi- w iif iR iR
m
3
0
J
� M
•Np C O O N M N M N M Ln O O P% O O O M M P%
m Nt0 Yf t0 M t0 M M rl tr O •i O 1� 1� t0 1L7 10
O y 00 N +4 M %d M O 4 O N N 4 14 14 11 N P'1 00
N Vi 0 M 0 M YE i/F iR iR i/F i/} ilF iR iR iiF M M
3 �t O1 O iR in- %0 M N r1 M M
O N R V i/FM t`1 4
J N y ++ of v} N
M C Q O
t 1"31 N
O C1Q
V' r" .-� .N N N Cl O Ln O Ln N O %D O O
Ln 01 fV 1.0 00 00 01 O M Ln Go N O v ON
N N O M co 01 Il ct O M O .--i
M N N N N Cl)
> C 7
a m
C LL LL d Q Q LL LL LL LL LL U- LL LL LL LL LL Ln Q
J Ln 4.1 LLl UJ J J J J J J J J J J Lq J 111
O
y LA
Si M
ECL
a °'
D OL
en 01 N N N M M M 0
0) C
E n N 3 0 0 0 0 0 0Q 0
C /w4yii^^'7 V a `Q .Oa .d .Oa a ,n .`y' a .a .a c
Q W io 'C �- Lyn 0 con c0 Lyn 0 0 Lon V) � v
C v Ln a
L. 1p `� S v v f` F= H f` F1- 1`- Fes- H F > L
o
+� Lo u u u u u u u u u u �' o
= u u 's LL a M v v V •U t .; � .N v ani
aJ O c fo fo f0 (O f0 (0 fo f0 f0 LO y
V O O O Q) > L m O. a a a a Cl a a OL a M a)
u u -0 a u o o o o 0 0 0 0 0 0
� u c Q E E € E E E E E E E —"
.� O O a) a) � � i � L � - i LD to
7
L. c c_ -S (V _0 _0 w m v a) (D v a) av v a c c
U C 0 Q w a 9 9 9 IE 9 9 IE IE F- F- in in
t0 N 0o a% O W-1 N M qT 1A tp F� 00 O► O .-1 N M
V V w Z N N N N M M fr1 M M M M M M M v of V V
M
Contra Costa County
Julia R. Bueren Director
Public
W orks Deputy Directors
f
P
R. Mitch Avalon.Brian M. Balbas
D e p a r merit Stephen Kowalewski. Patricia McNamee
i
July 23, 2008 }:.TE. EIVE0
VIA FEDEX JUL 2 9 2008
CLER;:f'G_'A'P?OF SUPERVISORS
Mr. Thomas'G. Barr U.-RA COSTAC0.
Ghilotti Bros., Inc.
525 Jacoby Street
San Rafael, CA, 94901
Project Name: San Pablo Dam Road Rehabilitation
County Project No. 0662-6114148-08
Federal Project No. STPL-5928 (078)
Dear Mr. Barr:
This is your Notice to Proceed for the San Pablo Dam Road Rehabilitation County
Project No.` 0662-6R4148-08, as set forth . in Section 4 of the project "Notice to
Contractors and Special Provisions."
The first chargeable working day shall be July 28, 2008.
The Resident Engineer assigned to this project is Blaine Johnson, who may be reached
at (925) 360-2596 or the County office at (925) 313-2320.
Sincerely,
J
Rob Tavenier
Senior Civil Engineer
Construction Division
RT:jd:kg
G:\CONST\PROJEC I S&MISC\2008\SAN PABLO DAM ROAD REHABILITATION\NOTICE TO PROCEED.DOC
enclosure: contract
c: B. Johnson; Resident Engineer
J. Dowling,IlConstruction
Survey Section
Materials and Testing Division
Maintenance
Accounting;Division, w/copy of Contract, W-9, Insurance, Outreach package
Clerk of the Board, w/copy of Contract, Bonds and Insurance,(originals)
Auditor-Controller, w/copy of Contract
'Accredited by the American Public Works Association"
255 Glacier Drive Martinez,CA 94553-4825
TEL: (925)313-2000• FAX: (925)313-2333
www.cccpublicworks.org
4
CONTRACT(Page 1 of 4)
(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-- Ghilotti Bros., Inc.
Use complete legal name of Contractor.
Effective Date: July 8, 2008
(see Section 4 for starting date.)
(See Sec.3) Project Name San Pablo Dam Road Rehabilitation
Project No. 0662-6R4148-08
located in the EI Sobrante area
The work consists of constructing a bonded wearing course overlay, adjusting utility covers,
curb ramp upgrades pavement grinding, pavement and base failure repair, traffic signal
modifications, pavement striping and markings
all in accordance with the Plans,Drawings,Special Provisions and/or Specifications,prepared by or for the Public Works
Director and in accordance with the accepted Bid Proposal.
(See Sec.4)• Completion Time:
Within 65 working days from starting date.
(See Sec.5) Liquidated Damages: $ $5,700.00 per calendar day.
(See Sec.6) Public Agency's Agent: Public Works Director
(See Sec.7) Contract Price: $2,111,192.10 more or less,in accordance with finished quantities at unit bid prices.
2.SIGNATURES&ACKNOWLEDGEMENT.
Public Agency,By:
Julia R.
Public Works Director
Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation Law,
MICHAEL M.GHII.OiTH
By: Official Capacity: P CInR HRam!
'
�figna�ree, .. MITI mBy: Official Capacity: . c141OF
(signature) (fill n)
Note 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 ) See Attached
'S
County of )
On before me,(the undersigned notary public,personally appeared
who 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 authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity
upon behalf of which the person(s)acted,executed the instrument.
I-certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
I
j
ACKNOWLEDGMENT
State of California
County of Marin )
On July 16, 2008 before me, Kathleen J Frew-Eckhaus, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti, President/Treasurer
who proved to me on the basis of satisfactory evidence to be the person(4 whose nameka) israi-&
subscribedl'to the within instrument and acknowledged to me that he/51 &y executed the same in
his/fl eir authorized capaci%iW, and that by his/Pt H44eir signature(<bn the instrument the
person, or, the entity upon behalf of which the personW acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. KATHLEEN J.FREW ECKHAUS Commission # 1704510
,.m Notary Public -California Z
= Marin County -
MVComm.Expires Nov 13,2010
Signature �+ (Seal)
ACKNOWLEDGMENT
State of California
County of Marin )
On July 16, 2008 before me, Kathleen J Frew-Eckhaus, Notary Public
(insert name and title.of the officer)
personallyappeared Daniel York Ngeng Chin, Chief Financial Officer
who proved to me on the basis of satisfactory evidence to be the person(.a'jwhose name(,a'f isTm
subscribed to the within instrument and acknowledged to me that hee*executed the same in
hislheiAhe�r authorized capacityUasj and that by his/nt ttheif signature(aon the instrument the
personf g), 'or the entity upon behalf of which the personal acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS'my hand and official seal. KATHLEEN J.F 'EW ECKHAUS
T Commission # 170
10
Notary Public
California =
Marin County
Signature (Seal) MyCoMm•EM:11resN0v13,2010
r
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 own 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.TIME: 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,SPECIAL TERMS.
It
5.LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor,allowance being made for
contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case,it is
and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof,it is agreed that
Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1, SPECIAL 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 paid,Public
Agency may,in addition'toots 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 ucontributes 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 any right of the 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 of the work,when such delay was caused by the failure of the
Public Agency or the owner'of a utility to provide for removal or relocation of existing utility facilities. .
6.INTEGRATED DOCUMENTS. The plans, drawings and specifications 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 intended to cooperate,so that anything exhibited in the plans or drawings and
not mentioned in the specifications or special provisions,or vice versajs to be executed as if exhibited,mentioned and set forth in both,to the true intent and
meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in
Section 1,SPECIAL TERMS.
T 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 1,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 filed 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
(6) 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 labor which are not
satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts.
(c) 35 calendar days after the Public Agency files its notice of completion of the entire work,it shall issue a certificate to the Contractor and pay the balance
Of the contract price after deducting all amounts withheld under this contract,provided the contractor shows that all claims for labor and materials have been
paid,no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no liens or withhold notices have been filed against
the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against
Contractor.
9. INSURANCE. i(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 Code Section 3700 and the Workers'
Compensation Law.
10. BONDS. On,signing this contract Contractor,shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s)
specified in the specifications or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials
hereunder.
CONTRACT(Page 2 of 4)
IL 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 furnish same and deduct the reasonable expenses thereof from the contract price.
12. LAWS APPLY., General. Both parties recognize the applicability of various federal,state,and local laws and regulations,especially Chapter 1 of
Part 7 of Division 2 of the Labor Code(beginning with Section 1720,and including Sections 1735, 1777.5,and 1777.6 forbidding discrimination). The parties
specifically stipulate that the relevant penalties.:and forfeitures provide.in the Labor Code,especially in Sections 1775 and 1813 concerning prevailing wages
and hours,as well as Section 1776 concerning certified payroll records,'shall apply to this agreement.
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 of workman needed tolexecute this contract,and said rates are.as specified in the call for bids for this work and are on file with-the Public Agency,and are
hereby incorporated herein.'
(b) This schedule of wages is based on a working day of 8 hours unless otherwise specified;and the daily rate is the hourly rate multiplied by the number of
hours 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 agreemnts. 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 whichiino minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of
the initial employment of the person affected and during the continuance of such employment.
15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work
by the Contractor or by any,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,or approval of work and/or materials inspected,or statement
by any officer,agent or'employee of the Public Agency indicating the work or any part thereof complies with the requirements of payments therefor,or any
combination of these acts,l,shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby
estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof.
20. HOLD HARMLESS&INDEMNIFICATION
(a) Contractor promises to and shall defend,indemnify,save,and hold harmless the indemnitees from the liabilities as defined in this section.
(b) The indemnitees benefitted and protected by this promise are the Public Agency and its elective and appointive boards,commissions,officers,
agents,and employees,together with any additional persons and entities,if any,listed in Section 6 of the Special Provisions.
(c) The liabilities protected against are any and all claims,demands,causes of action,damages,costs;expenses,actual attorneys' fees,losses,or
liabilities arising out of,;oruin connection with the actions defined below for personal injury, sickness, disease, emotional injury, death,property
damage(including loss of use),trespass,nuisance,inverse condemnation,patent infringement,or any combination of these,regardless of whether or
not such liability, claim, or damage was foreseeable at any time 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 act or omission (negligent or non-negligent)in connection with the matters covered by this contract and
attributable to the Contractor,subcontractor(s),supplier(s),:trucker(s),anyone for whose acts the Contractor may be liable,or any officer(s),agent(s)
or employce(s)of one or more of them.
(e) 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.or has insurance or other indemnification covering any
of these matters.
(f) Except as prohibited[by;Civil Code Section 2782,the Contractor's obligations under this section shall exist regardless of the existence or degree
of fault of the Public Agency or any indemnitee.
CONTRACT(Page 3 of 4)
I
(g) The Contractor's obligations under this section shall extend to claims arising after the work is completed and accepted if the claims are related to
alleged acts or omissions that occurred during the course of the work. Public Agency's inspection is nota waiver of full compliance with these
requirements,
(h) The Contractor and the Contractor's insurance carrier(s)shall respond within 15 days to the tender of any claim for defense and indemnity by the
Public Agency,unless this time has been extended by the Public Agency.
(I) With respect to third-party claims against the Contractor,the Contractor waives all rights of any kind to express or implied indemnity against the
_ indemnitees.
6) Nothing in this section is intended to establish a standard of care owed to any third party or to extend to any third party the status of a third-party
beneficiary.
21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to Public Agency a
detailed plan showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground during
trench excavation.
22. RECORD RETENTION. Except for records delivered to Public Agency, Contractor shall retain,.for a period of at least five years after
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 request by 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.2-07)
G:\Const\Pro}ects&Misc\2008\San Pablo Dam Road Rehabilitation\CONTRACT-Ghilofti Bros.docx
CONTRACT(Page 4 of 4)
f
ACORD,. CERTIFICATE OF LIABILITY INSURANCE OP ID SP I DATE(MMIDDIYYYY)
GHILO-1 07/15/08
PRODUCER. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Don Ramatici Insurance, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P.O. Box 551 RE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Petaluma CA 94953
Phone: 707-782-9200 Fax:707782-9300 INSURERS AFFORDING COVERAGE NAIC#
INSURED JUL 16 2008 INSURER A: Natl Fire Ins. Co. of Hartford 20478
INSURER B: Transportation Ins. Co. 20494
Ghilotti Bros. , Inc.LconstT
w INSURERC: Continental Casualty Company 20443
525 Jacoby Street11Ctt011 INSURER D: Zurich American Ins Co of Ill
San Rafael CA 94901
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ON
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATEYMM/FDD/1 Y) PDATE(MM/DD/YY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X X COMMERCIAL GENERAL LIABILITY GL2098131032 10/01/07 10/01/08 PREMISES(Eaoccurence) $ 100,000
CLAIMS MADE a OCCUR MED EXP(Any one person) $ 5,000
X Contrctl/Brd Frm $10,000 PD DED PER OCC PERSONAL BADV INJURY $ 1,000,000
X XCU Incl. INDEP. CONTRACTORS INCL. GENERAL AGGREGATE s2,000,000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000
POLICY X PE LOC
AUTOMOBILE LIABILITY
B X X ANY AUTO BUA2087746336 10/01/07 10/01/08 COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS
(Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
X Ded. $1000 APD PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $'
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000
C X OCCUR DCLAIMSMADE CUP2098041315 10/01/07 10/01/08 AGGREGATE $ 10,000,000
$
DEDUCTIBLE $
X RETENTION $10,000 $
WORKERS COMPENSATION AND X TORY LIMITS ER
D EMPLOYERS'LIABILITY WC427761401 10/01/07 10/01/08 E.L.EACH ACCIDENT $ 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,0_00_
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
S
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS'ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: Operations of the Named Insured for the Certificate Holder.
JOB: San Pablo Dam"Road Rehabilitation, County Project #0662-6R4148-08
Federal Project #STPL-5928(078) , GBI #08417
30G140331A99/CA2048
CERTIFICATE HOLDER CANCELLATION
CONTRA7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
Contra COS to County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO s0 SHALL
Public Works Dept.--J. Dowling IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
SEE NOTEPAD ATTACHED
255 Glazier Drive REPRESENTATIVES.
Martinez, CA 94553 AU IZED RESE E
ACORD 25(2001/08) V-OWCORD CORPORATION 1988
1
M.
011
HOLDER CODES CONTRA7 GHILO'-1 PAGE'-211,
NO; PAD. 3 OP s 4 g i
INSUREDS NAME Ghilotti Bros ,, InC ID P DATE 07� 15/08 4f
118y endorsement of policy #'s GL2098131032,BUA2087746336 & CUP2098041315,
Contra Costa County
West County Watershed District
City of Richmond
Kerry John Vanek
Barbara L. Vanek
Fredrick S Gabriel
Peniel Mission Baptist Church and
their respective officers, agents, employees,
representatives, governing body, commissioners
and volunteers as additional insureds as respects the job described in
this certificate. "
r
G-140331-A99
(Ed. 10/1)
CAVA
For All Commitments You Make* Named Insured: Ghilotti Bros., Inc. Policy No. GL2098131032
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT.
SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED
ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Designated Proiect:
Contra Costa County Public Works Department JOB: San Pablo Dam Road Rehabilitation,
SEE NOTEPAD ATTACHED County Project#0662-6R4148-08
Federal Project#STPL-5928(078), GBI#08417
(Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.)
A. WHO IS AN INSURED(Section II) is amended to include as an insured any person or organization, including
any person or organization shown in the schedule above, (called additional insured)whom you are required to add as
an additional insured on this policy under a written contract or written agreement; but the written contract or written
agreement must be:
1.Currently in effect or becoming effective during the term of this policy; and
2. Executed prior to the"bodily injury," "property damage,"or"personal and advertising injury."
B. The insurance provided to the additional insured is limited as follows:
1.That person or organization is an additional insured solely for liability due to your negligence and
specifically resulting from "your work"for the additional insured which is the subject of the written contract
or written agreement.No coverage applies to liability resulting from the sole negligence of the additional
insured.
2.The Limits of Insurance applicable to the additional insured are those specified in the written contract or
written agreement or in the Declarations of this policy,whichever is less. These Limits of Insurance are
inclusive of, and not in addition to,the Limits of Insurance shown in the Declarations.
3.The coverage provided to the additional insured by this endorsement and paragraph f.of the definition of
"insured contract" under DEFINITIONS(Section V)do not apply to "bodily injury"or"property damage"
arising out of the "products-completed operations hazard" unless required by the written contract or written
agreement.
4.The insurance provided to the additional insured does not apply to"bodily injury," "property damage," or
"personal and advertising injury" arising out of an architect's, engineer's,or surveyor's rendering of or
failure to render any professional services including:
G-140331-A99
(Ed. 10/01)
G-140331-A99
(Ed. 10/1)
a.The preparing, approving, or failing to prepare or approve maps,shop drawings, opinions,
reports, surveys, field orders,change orders or drawings and specifications; and
b. Supervisory, or inspection activities performed as part of any related architectural or engineering
activities.
C.As respects the coverage provided under this endorsement,SECTION IV—COMMERCIAL GENERAL
LIABILITY CONDITIONS are amended as follows:
1.The following is added to the Duties In The Event of Occurrence,Offense,Claim or Suit Condition:
e.An additional insured under this endorsement will as soon as practicable:
(1)Give written notice of an occurrence or an offense to us which may result in a claim or
"suit" under this insurance;
(2)Tender the defense and indemnity of any claim or"suit"to us for a loss we cover under
this Coverage Part;
(3)Tender the defense and indemnity of any claim or"suit"to any other insurer which also
has insurance for a loss we cover under this Coverage Part; and
(4)Agree to make available any other insurance which the additional insured has for a loss
we cover under this Coverage Part.
f. We have no duty to defend or indemnify an additional insured under this endorsement until we
receive written notice of a claim or"suit" from the additional insured.
1. Paragraph 4.b.of the Other Insurance Condition is deleted and replaced with the following:
4.Other Insurance
b. Excess Insurance
This insurance is excess over any other insurance naming the additional insured as an
insured whether primary, excess,contingent or on any other basis unless a written contract
or written agreement specifically requires that this insurance be either primary or primary
and noncontributing to the additional insured's own coverage. This insurance is excess
over any other insurance to which the additional insured has been added as an additional
insured by endorsement.
When this insurance is excess, we will have no duty under Coverages A or B to defend the
additional insured against any "suit" if any other insurer has a duty to defend the additional
insured against that"suit." If no other insurer defends,we will undertake to do so,but we
will be entitled to the additional insured's rights against all those other insurers.
When this insurance is excess over other insurance,we will pay only our share of the
amount of the loss, if any,that exceeds the sum of:
(1)The total amount that all such other insurance would pay for the loss in the
absence of this insurance; and
(2)The total of all deductible and self-insured amounts under all that other
insurance.
We will share the remaining loss, if any,with any other insurance that is not described in
this Excess Insurance provision and was not bought specifically to apply in excess of the
Limits of Insurance shown in the Declarations of this Coverage Part.
G-140331-A99
(Ed. 10/01)
POLICY NUMBER: BUA2087746336 COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DESIGNATED INSURED
This endorsement modifies insurance provided under the Following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage
Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the
Who Is An Insured Provision of the Coverage Form.
This endorsement does not alter coverage provided in the Coverage Form. This
endorsement changes the policy effective on the inception date of the policy unless
another date is indicated below.
Endorsement effective: 7/15/08 Countersigned by:
Named Insured: Ghilotti Bros., Inc.
(Authorized Representative)
SCHEDULE
Name of Person(s) or Organization(s):
Contra Costa County Public Works Dept.
SEE NOTEPAD ATTACHED
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability
coverage, but only to the extent that person or organization qualifies as an "insured"
under the Who Is An Insured Provision contained in Section 11 of the Coverage Form.
PERFORMANCE BOND--PUBLIC WORK
Bond Executed in Duplicate Bond No. 08936054
Premium $13,069.00
Any claim under this Bond should
be sent to the following address:
560 Mission Street, Ste 2400
San',Francisco, CA 94105
KNOW ALL BY THESE PRESENTS:
That we, Ghilotti Bros. , Inc. as Principal,
and Fidelity and Deposit Company* , a corporation organized and existing under the laws
of the State of Maryland and authorized to transact surety business in
the State of California,as Surety, are held and firmly bound unto Contra Costa County as
Obligee,in the sum of two million one hundred** Dollars($2,111,192.11gwfal money
of the United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly
by these presents. *of Maryland
**eleven thousand one hundred ninety two & 10/100-- .
t THE CONDITION of the above obligation is such that, whereas the Principal has entered into a
contract dated July 8th, 2008 with the Obligee to.do and perform the
following work,to-wit: San Pablo Dam Road Rehabilitation
Project No. 0662-6R4148-08
as is more specifically set forth in the contract documents,reference to which is hereby made.
NOW THEREFORE, if the Principal shall well and truly perform all the requirements of said
contract documents required to be performed on its part, at the times and in the manner specified
therein,then this obligation shall be null and void,otherwise it shall remain in full force and effect.
PROVIDED,that any alterations in the work to be done or the materials to be furnished, or changes
in the time of completion, which may be made pursuant to the terms of said contract documents,
shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time
granted under the provisions of said contract documents release either the Principal or the Surety,
and notice of such alterations or extensions of time is hereby waived by the Surety.
PROVIDED, that if any action is commenced on this bond by the Obligee, in addition to the sum
specified above, the Principal and the Surety, their heirs, executors, administrators, successors and
assigns,jointly and severally, shall be obligated to pay to the Obligee all costs, attorney's fees and
other litigation expenses incurred by the Obligee in collecting monies due under the terms of this
bond.
SIGNED AND SEALED, this 14th day of July, 2008
(SEAL) (SEAL)
Ghilotti Bros. , Inc. Fidelity and Deposit Company of Maryland
(Principal) (Surety)
/
By:
Michael �MI Ghilbtti', President/Treasurer ((Signature)Kelly Holtemann
(SEAL AND ACKNOWLEDGMENT OF NOTARY) Attorney-In-Fact
ACKNOWLEDGMENT
State of California
County of Marin
on July 16, 2008 before me, Kathleen J Frew-Eckhaus, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti, President/Treasurer
who proved to me on the basis of satisfactory evidence to be the person(4whose named istnre
subscribed to the within instrument and acknowledged to me that he/gheA44ay executed the same in
hiseir authorized capacityfi&sj, and that by his/weir signatureWon the instrument the
person, or the entity upon behalf of which the personW acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. KATHLEEN J.FREW ECKHAUS Commission # 1704510
<e"'.0
Notary Public -California =z Marin County
MYCorm.Bpkm Nov 13,2010
Signature (Seal)
ACKNOWLEDGMENT
State of California
County of____—Marin
On 7/14/08 � before me, J. DeLuca. Notary -Public
--------------
(insert name and title of the officer)
personally appeared_ _ Kelly_Holtemann______
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(sa is/afe
subscribed to the within instrument and acknowledged to me that-he/she/"executed the same in
-Ih-,e#her/the+r authorized capacity(rea� and that by#ie/her/their signature(# on the instrument the
person(*, or the entity upon behalf of which the person(.&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is'true and correct.
WITNESS my hand and official seal. J. DE LUCA
m COMM,#1521691 �
U •"� ' NOTARY PUBLIC-CALIFORNIA n
SONOMA COUNTY -'
Signature _---^_—__ (Sea ° � omues Oct.2a,2G0
i
PAYMENT BOND --PUBLIC WORK
[Civil Code Secs. 3247-3248]
i
Bond No. 08936054
Bond Executed in Duplicate Premium Included
Any claim under this Bond should
be sent to the following address:
560 Mission Street, Ste 2400
San Francisco, CA 94105
KNOW ALL BY THESE PRESENTS:
Thatwe, Ghilotti Bros. , Inc. as Principal,
and Fidelity and Deposit Company of Maryland a corporation
organized and existing under the laws of the State of Maryland and
authorized to transact surety business in the State of California, as Surety, are held and firmly bound
unto Contra Costa County as Obligee,in the sum of two million one hundred
eleven* Dollars ($2,111,192. 10 ) lawful money of the United States of America, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents.
*thousand one hundred ninety two & 10/100--
THE CONDITION of the above obligation is such that, whereas the Principal has entered into a
contract dated July 8th, 2008 , with the Obligee to do and perform the following
work, to-wit:
San Pablo Dam Road Rehabilitation
Project No. 0662-6R4148-08
as is more specifically set forth in the contract documents,reference to which is hereby made.
NOW THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in
Section 3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with
respect to., work or labor performed under the contract, or for any amounts required to be
deducted,,withheld and paid over to the Employment Development Department from the wages
of employees of the Principal and subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the
same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought
upon this bond, a reasonably attorney's fee, to be fixed by the court.
This bond';shall ensure to the benefit of any of the persons named in Section 3181 of the Civic Code
so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
SIGNED AND SEALED,this 14th day of July, 2008
(SEAL) (SEAL)
i
Ghilotti Bros. , Inc. Fidelity and Deposit Comfy of Maryland .I
(Principal) (Surety)
By:
l V GY
Michael M. Ghilotti (S gna re) president/Treasurer (Signature) Kelly Holtemann
Attorney-In-Fact
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
i
ACKNOWLEDGMENT
State of California
County of Marin )
on July 16, 2008 before me, Kathleen J Frew-Eckhaus, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Ghilotti, PresidenVTreasurer
who proved to me on the basis of satisfactory evidence to be the person(4whose named) War&
subscribed to the within instrument and acknowledged to me that he/�heft#ey executed the same in
his/hsrf@Heir authorized capacity), and that by his/hefA#heir signature(Won the instrument the
person, or the entity upon behalf of which the personks) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
- - - - - - - - - - - - - - -
WITNESS my hand and official seal. KAtHLEIEN J.FREW ECKHAus
Commission # 1704510
Z ;a m ., Notary Public .California
' Main County
Signature (Seal) MVComm.B0wNow1&2D)0
ACKNOWLEDGMENT
State of California
County of _ Marin __ _— )
On 7/i4%08
before me, J, DeLuca Notar _Public
(insert name and title of the officer)
personally appeared = Kelly_Holtemann_______
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s.) is/efe
subscribed to'the within instrument and acknowledged to me that 44e/she/" executed the same in
th&/her/thek authorized capacity(iee� and that by#ie/her/tfi-o_*signature( on the instrument the
person(*, or the entity upon behalf of which the person(.&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State.of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. ~�uA J. DE LUCA
T c
C-OMM. #1521691
NOTARY PUBLIC-CALIFORNIA 0
e. '.. SONOAM COUNTY -+
My Comrrr,Expires Oct.24,2008 Fr
Signature, _ _ _ (Sear
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland, by THEODORE G.MARTINEZ, Vice President,and GREGORY E. MURRAY,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Law id Company,which are
set forth on the reverse side hereof and are hereby certified to be in full force and eff t �t1 reof,does hereby
nominate,constitute and appoint Kelly HOLTEMANN and Joan DEL r, California, EACH
its true and lawful agent and Attorney-in-Fact,to make,execu o- as surety,and as its
act and deed: any and all bonds and undertakin n o ertakings in pursuance of these
presents,shall be as binding upon said Co y, da l P nd purposes,as if they had been duly
executed and acknowledged h �cted c pany at its office in Baltimore,Md.,in their own
proper persons. Th' att r� half of Kelly HOLTEMANN,dated August 30,2007.
The said Assistantuc o �`�r'a t that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- a ny,and is now in force.
IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December,
A.D. 2007.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'�V DEPOs�i
o c
a im ?
Eno By: ct�
Gregory E. Murray Assistant Secretary Theodore G. Martinez
State of MarylandI SS:
City of Baltimore
On this 3rd day of December, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
rr`:
;ru•, ;,• ,.ter,-c�Z
lltllt ti \`
Constance A. Dunn. Notary Public
My Commission Expires: July 14,2011
POA-F 016-0949G
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents special ly.authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds; undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees,_mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents=specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the IOth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 14th day of July 2008
�v
Assistant Secretary