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HomeMy WebLinkAboutMINUTES - 07082008 - C.2 '0�- .- 1cf? Cz SE L TO: BOARD OF SUPERVISORS 00000 Contra FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR ' Costa DATE: July 8, 2008 County y 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 Crockett Area Reconstruction project, Crockett area (District II) Project No. 0662-6R4214-08. SPECIFIC REQUESI(S)OR RECOMMENDA'I ION(S)cC 13ACKGROUND AND.IUS"I IFICAIION RECOMMENDED ACTION: APPROVE plans and specifications; AWARD and AUTHORIZE the Public Works Director, or designee, to execute a contract in the amount of$349,372.69 to NICK Services, Inc., the lowest responsive and responsible bidder tor the Crockett Area Reconstruction project, Crockett area. (.Measure C Funds) (District II) FI.SCA.L IMPACT: Project will be funded by Measure C Funds (100°/). Continued on Attachment: ® SIGNATURE: Q,cw,.` :r` RECOMMENDATION OF COUN"rY ADMINISTRATOR ElRECONIN,),LNlil'`T'ION F BOARD COMMITTEE APPROVE ❑ OTHER SIGNA,rURE(S): :ACTION OF BOARD ON QZ APPROVED AS RECOMME E D�V OTI ER ❑ VO✓V617 SUPERVISORS I hereby certify that this is a U-Lie and correct copy of an action UNANIMOUS(ABSENT taken and entered on the minutes of the Board of Supervisors on AYES: NOES: the date shown. A13SENT: ABSTAIN: KL:I; ATTESTED: G:\Const\1301,2008\7-8-08 Crockett Area Reconstruction Award.docx JOIIN CULLEN, erk the Boar of Supervisors and County Orig.Div:Public Works(Construction Division) Administrator Contact: Kevin E=migh(925/313-2233) c: Auititor-Controller E.KUe\'or,CAO County Counsel By Deputy Contractor Suretv 1 SUBJECT: Award of Contract for Crockett Area Reconstruction, Crockett area. (District 11) Project No.0662-6R4214-08 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 MCK Services, Inc. $349,372.69 Payment: $349,372.69 685 Howe Road Performance: $349,372.69 Martinez, CA 94553 Bay Cities Paving & Grading, Inc. Concord, CA 94524 Granite Construction Company Watsonville, CA 95076 Ghilotti Brothers., Inc. San Rafael, CA 94901 North Bay Construction, Inc. Petaluma, CA 94952 Bruce Carone Grading & Paving, Inc. Crockett, CA 94525 W.R. Forde Associates Richmond, CA 94801 G.D. Nielson Construction, Inc. Napa, CA. 94558 The above-captioned project having been previously approved, and the plans and specifications havinng been prepared by, tiled with, and approved by the Board of Supervisors, and bids having been duly invited and received by the Director of Public Works on June 10, 2008, and The general prevailing rates of wages, which shall be the lilinimum 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 2C Categorical Exemption, and a Notice of Exemption having been filed with the County Clerk on June 9, 2004; and The bidder listed first above, MCK Services, Inc., having submitted the lowest responsive and responsible bid, which is $1,210.11 less than the next lowest bid; and. The Affirmative Action Officer having reported that MCK Services, Inc. has documented an adequate good faith effort to comply with the requirements of the County's Outreach Program; and SUBJECT: Award of Contract for Crockett Area Reconstruction, Crockett area. (District 11) Project No.0662-6R4214-08 DATE: July 8, 2008 PAGE: 3 of 3 The Director of Public Works recommending that the bid submitted by MCK Services, 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 DETERMINES that MCK Services, Inc., as the lowest responsive and responsible bidder, has demonstrated an adequate good faith effort, pursuant to the specifications for this project, to comply with the requirements of the County's Outreach Program and FURTHER DETERMINES that MCK Services, Inc. has complied with the Mandatory Subcontracting Minimum; and The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded to MCK Services, 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 Tile 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 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 MCK Services, 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 the bids 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 to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107). CONSEQUENCES OF NEGATIVE ACTION: The Crockett Area Reconstruction project would not be built. Contra Costa County Publicr Julia R. Bueren, Director t' ` �c� Deputy Directors D e p a r t m e ri t R. Mitch Avalon.Brian M. Balbas Stephen Kowalewski• Patricia McNamee August 6, 2008 REFC CERTIFIED MAIL 7007 0710 0004 6172 1805 AUG 1,;2. 2008 CLERK BOARD Mr. Mark Hazen CorurAA°os A�ovis�Rs MCK Servicesi Inc. 865 Howe Road, Suite B Martinez, CA 94553 Project Name: Crockett Area Reconstruction Project No. 0662-61114214-08 Dear Mr. Hazen: ` Enclosed is your copy of.the approved contract for the Crockett Area Reconstruction, Project No. 0662-6R4214-08. This is your Notice to Proceed as set forth in Section 4 of the project "Notice to Contractors and Special Provisions." The first chargeable working day shall be August 18, 2008. The Resident Engineer assigned to this project is Jon Suemnick, who may be reached at the County office at (925) 313-2320. Sincerely, Kevin E i Assis nt orks Director Construction Division KE:jd:kg G:\CONST\PROJECTS&MISC\2008\CROCKETT AREA RECONSTRUCTION\NOTICE TO PROCEED.DOC enclosure: contract c: J. Suemnick, Resident Engineer J. Dowling, Construction Survey Section Materials and Testing Division Maintenance P. Denison, Finance 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 Affirmative Action Officer '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 � r, 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- MCK Services, InC. Use complete legal name of Contractor. Effective Date: July 8, 2008 (see Section 4 for starting date.) (See Sec.3) Project Name Crockett Area Reconstruction Project No. 066276R4214-08{ located in the Crockett area The work consists of full depth hot mix asphalt pavement reconstruction, iireplacement of concrete curbs and gutter, hot mix asphalt dikes, concrete curb ramps, storm drain pipes, minor thermoplastic striping, and pavement 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. , 6 (See Sec.4) Completion Time: Within 50 working days from starting date. (See Sec.5) Liquidated Damages: $ $11,350.00 per calendar day. (See Sec.6) Public Agency's Agent: Public Works Director .(See Sec.7) Contract Price: $349,372.69 more orss, in accordance with finished quantities at unit bid prices. 2.SIGNATURES&ACKNOWLEDGEMENT. Public Agency,By: Julia eren, Public Works Director Contractor,hereby also certifyin w n ss of and compliance with Labor Code Sections 1861 and 3700 concerning Workers',Compensation Law, By: Official Capacity: .e � nature �����11 in By. . Official Capacity: ature) (fill in) 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 Califois ) �,^ ) ss. County of N-M i On T,4 1 q 22, � before me, the undersigned notary public,personally appeared Ma r y h 1%7—Z, 4 who proved to Ine on the basis of satisfactory evidence to be the person*N)whose name( is/ale subscribed to the within instrument and�;acknowledged to me that heA-keh y executed the same in his/*ertthsir authorized capacity(ibs),and that by his/tre; daeir signature('akon the instrument the person(,or the entity upon behalf of which the personN 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. V NANCY JACKSON Commission#1583456 Notary PubliC-California y ., Contra Costa County My Comm.Explres May 29,2009 ji 1 3.WORK CONTRACT,CHANGES. (a) By their signatures in Section 2,effective on the above date,these parties promise and agree as set forth in this contract,incorporating by these references the material 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. 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 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 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 causedlby 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 versa,is to be executed as if exhibited,mentioned and set forth in both,to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Section 1,SPECIAL 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 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. (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. (Page 2 of 4) 1 1. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects,without fault of the Public Agency or its agent(s),to supply sufficient materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state,and local laws and regulations,especially Chapter 1 of Part 7 of 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 41004114 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 to execute this contract,and said rates are as specified in the call for bids for this work and are on file with the Public Agency,and are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified;and the daily rate is the hourly rate multiplied by the number of hours 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 Vor 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 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 Section11 s 1810-1815. 16. APPRENTICE S• Properly indentured apprentices may be employed on this work in accordance with Labor Code Section's 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. I 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, 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 or in 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 foreseeableat 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 employee(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) (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 not a 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. (1) 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. 0) 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). e \tt FORM APPROVED by County Counsel. (CC-1;Rev.2-07) G:\Const\Projects&Misc\2008\Crockett Area Reconstruction\CONTRACT-MCK.docx CONTRACT(Page 4 of 4) Minutes of the Board of Director's Meeting The following are the minutes of the Board of Director's meeting of MCK Services, Inc., a California Corporation, held at 865 Howe Road, Suite B, Martinez, California on April 14, 2008 at 10:00 a.m. Present at this meeting were Mark Hazen who is sole owner and holds 10'0% stock in the corporation, and Nancy Jackson. The following items were discussed and decided upon during this meeting: 1. Purchase new equipment: Decision was made to purchase-a new paving,, machine within the next 30-60 days. 2. Continuing problems with the Blaw-Knox paving machine: ongoing litigation continues and Mark has determined to reach a conclusion by way ofa professional mitigator. . .3. Conversion to new health and benefits package for non-union employees;' the Health Savings Plan for non-union employees seems to be successful and will continue for another year. 4. Union Master Agreement: Mark decided to continue one more year signatory to both Northern California Laborer's and Operating Engineers unions. There .being no further business to come before the Board, upon motion duly made, and seconded and unanimously carried, the meeting was adjourned. ATTEST: MARK D. HAZ- P ent NANCY JACKSO wi ness PERFORMANCE BOND—MBLIC WORK Bond No. PRF08908927 Pxerxluiu�7ni $4,717.00 , Any claim under this Bond should be soot to the following address: 560 Mission Street, Ste 2400 San Francisco, CA 94596 KNOW ALL BY THESE PRESENTS: That we, MCK Services, Inc. . as Principal, and Fidelitv and DeDosit ComDanv of Marvlan-q a corporation organized and existing under the laws of the State ofMarylandand authorized to transact surety business m the State of California,as Surety,are held and firmly bound unto Contra Costa County as Three Hundred Forty Nine Thousand ThreeObligeinthesumof Too 81 89,488 Dollars($l lawful money of the United States of America, or the payment of which sum well and truly to be made,we bund ourselves,our heirs, executors,administrators, successors and assips,jointly and severally, firmly by these presets. THE CONDITION of the above obligation is such that; whereas the Principal has entered into a contract dated July 8.2008 , with the Obligee to do and perform the following work,to-wit: Crockett Area Reconstruction Project No.0662-6134214-08 as is more specitat.ally set 1brth 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 iri the maimur specified therein,then this obligation shall be dull and void,otherwise it shall remain in full force and effect. PROVIDED,that any alterations in the work to be dome 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 cotmenced 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,attomeys fees and other litigation expenses incurred by the Obligee in collecting monies due under the terms of this bond. SIGNED AND SEALED,this_ 161h day of July .2008 (SEAL) (SEAL) MCK Services,Inc. Fidelity and Deposit Company of Maryland (Principal Surety By: (SEAL AND ACkNWLEDGMENT OF NOTARY} David G,Harris,Attorney-in-Fact J PAYMENT BOND--PUBLIC WORK (Civil Code Secs.3247-32481 Bond No. PRF08908927 Included in FP Bond Any claim under this Bond should be sent to the following address: 560 Mission Street,Ste 200 an rancisco,uA 94105 KNOW ALL BY THESE PRESENTS: Tw we, MCK Services,Inc. SS Principal, and Fidelity and Deposit Company of Maryland a carporatio>c] organized and existing un(hr the laws of the Stats of Maryland xil },��� a authorized to transact smtu business In the state of California,as Su -rety, e'f�CR?ArW#d*1* lio-us And Three Hundred Contra Costa County Unto as Obligee,in the gum.of Seventy Two&691100 Dollars($349,372.69 1 lawful money of the United States of America, for the payment of which sum well and 'tculy to be made, we bind ourselves, our heirs, executors, administrators,successors and assigns,jointly and severally,fiuWy by these presents. TIDE CONDITION of the above obligation is such that,whereas the Principal has entered into a C>Dtmct dated July 8,2008 with the Obligee to do and pezfom the following work,to--wit: Crockett Area Reconstruction Project No.0662-6144214-08 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 Codo with respect to work or Iabor 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 Insumme 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 oast suit is brougbt 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. 16th July ,2008 SIGNED AND SEALED,taxis; dayof (SEAL) (SEAL) MCK Services,Inc. Fidelity and Deposit Company of Maryland (I'riiicipak} (Surety) n By / (s ) s •1 (SEAL.AND ACKNOW'LEE)GWNT OF NOTARY} David G.Harris.Attorney in Fact { Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN 13Y THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e , dds by nominate, constitute and appoint Stephanie WORDEN'David G.HARRIS,Jennifer E.DI erl AN,all of Walnut Creek,California, EACH its true and lawful agent and Atto e a eliver,for,and on its behalf as surety,and as its act and deed: any and a a ert cution of such bonds or undertakings in pursuance of these prese COP1 in ,as fully and amply,to all intents and purposes,as if they had been d cv t Vk&ac h ularly elected officers of the Company at its office in Baltimore,Md.,ip..top Per attorney revokes that issued on behalf of Carolyne EMERY, Stephanie WORDE �.HARRIS,dated April 23,2003. The said Assistanto es e eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, "Ssaid Section 2,of the By-L Company,and is now in force. IN WITNESS WHEREOF, 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 l st day of February, A.D.2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp 9EPps�l ' _ o 0 fes! I/• V By: Eric D. Barnes Assistant Secretary William J.Mills Vice President State of Maryland1 ss: City of Baltimore f On this 1 st day of February, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, 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. Constance A. Dunn Notary Public My Commission Expires: July 14,2011 POA-F 016-6473 AyI.IFORNTA L11P. � RE #,"Q a,` LEDG11/IE�I' P01 OW x State of California County of Contra Costa On July 16, 2008 before me, Jennifer E. Dirking , Notary Public, personally appeared David G. Harris who proved to me on the basis of satisfactory evidence to be the person whose name(4 is/are subscribed to the within instrument and acknowledged to me that he/may executed the same in his/hare /eir authorized capacity(, and that by his/he�k�ir signature on the instrument the person( , or the entity upon behalf of which the personxacted, 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. (seal) Signatures w JENNIFER DIRKING -< _ Commission # 1721618 Notary Public -California g Contra Costa County Comm.Mires Feb 4,2011 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califfo�o``r��nia County of (/Wk� Q On to n �Pm before me, l �lamG J(9r:.(�SO)l A1640" rVPb 4`/1� Date Here Insert Name and Title of the Office personally appeared /fozz Name(s)of Signer(s) Who proved to me on the basis of satisfactory evidence to be the person('s,) whose namel*) is/alp subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ler/t1m�ir authorized NANCY JACKSON capacity(iL-Q, and that by his/hsr/tla@ir signature(s) on the Commission#1583456 instrument the person(s),, or the entity upon behalf of zqp,My Notary Public-Callfornto which the person(s�acted, executed the instrument. ZContra Costa County Comm.Expires May 29.2009 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES my andand offici eal. Signature Place Notary Seal Above Signature ota t 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: 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—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact - ❑Attorney in Fact - ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007'National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.Nationa[Notary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 Date(MM/DD/YR) ____ ��coRo_-rM---CER-T-IFICA'�E--O-F-LIA'BI�LITY-INS-U-RANCE _-_ - PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Heffernan Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1350 Carlback Ave.,Suite 200 ��C�I��® HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Walnut Creek,CA 94596 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: 925-934=8500 Fax: 925-934-8278 INSURERS AFFORDING COVERAGE NAIC# INSURED TUIL 1 8 2008 INSURER A: Travelers Property Casualty of America MCK Services,Inc. INSURER B: Travelers Indemnity Co.of Connecticut PO BOX 5697 INSURER C: C0 Concord,CA 9452ConstructionINSURER o: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I&SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'LPOLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) r LIMITS GENERAL LIABILITY 1' EACH OCCURRENCE $ 1,000,000 �- DAMAGE TO RENTED -- A X X COMMERCIAL GENERAL LIABILITY C03443M 148 OS/20/08 05/20/09 ` PREMISES Es.Occurrence) $ 300,000_ i, CLAIMS MADE I X I OCCUR li MED EXP(ANY ONE PERSON) $ 5,000 X $5000 PD Ded PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER j PRODUCTS -COMP/OP AGG) $ 2,000,000 li POLICY X JECOT LOC Emp.Ben $ 1,000,000 AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT $ 1,000,000 A X X ANY AUTO 8103443M148 05/20/08 05/20/09 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) $ X HIRED AUTOS BODILY INJURY " $ X' NON-OWNED AUTOS (Per accident). PROPERTY DAMAGE $ (Per Accident) } GARAGE LIABILITY $ AUTO ONLY—EA ACCIDENT ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: . AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 A :]R] OCCUR 1 CLAIMS MADE CUP3443MI48 05/20/08 05/20/09 AGGREGATE $ 5,000,000 $ DEDUCTIBLE 1 $ X RETENTION $10,000 $ WORKERS COMPENSATION AND XWC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER BAN`i PROPIETOR/PARTNERlEXECUTIVE UB3443MI48 05/20/08 05/20/09 EL EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? EL DISEASE-POLICY LIMIT $ 1,000,000_ If yes,describe under SPECIAL PROVISIONS below EL DISEASE-EA EMPLOYEE $ 1,000,000 OTHER A EquiprrleltFloater QT6605441B645 1 05/20/08 05/20/09 Scheduled" $1,325,403 Ded$1,000 Rented $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project:Crockett Area Reconstruction,County Propject#0662-6R4214-08.Contra Costa County and their respective officers,agents,commissioners,employees, representatives,governing body,and volunteers are named as Additional Insured on General Liability&Auto Liability per the attached endorsements.Waiver of Subrogation applies to General Liability Policy.*Except 10 days notice of cancellation for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION 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 Costa County Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Construction Division IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Attn:ii J Dowling REPRESENTATIVES. 255 Glacier Drive AUTHORIZED REPRESENTATIVE Martinez,CA 94553 AV "�... ACORD 25(200.1108) ©ACORD CORPORATION 1988 J o Policy: C03443M148 COMMERCIAL GENERAL LIABILITY Effective: 5/20/2008 k R THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section It) is amended c) The insurance provided to the additional in- to include-any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included In the "products-completed op- age Part, out: i erations hazard". aii) Only with respect to liability for"bodily Injury", 3. The insurance provided to the additional insured "property damage'or"personal injury";and by this endorsement is excess over any valid and b) If, and only to the extent that, the injury or collectible "other insurance", whether primary, excess, contingent or on any other basis, that is damage is caused by acts or omissions of available to the additional insured for a loss we you or your subcontractor in the performance of "your work" to which the "written contract ry, cover under this endorsement. However, if the r requiring insurance applies. The person or " written contract requiring insurance specifically organization does not qualify as an additional requires that this insurance apply on a primary insured with respect to the independent acts basis or a primary and non-contributory basis, or omissions of such person or organization. this insurance is primary to "other insurance" available to the additional insured which covers 2. The insurance provided to the additional insured 1! that person or organization as a named insured by this endorsement is limited as follows: for such loss, and we will not share with that a) In the event that the Limits of Insurance of "other insurance". But the insurance provided to this Coverage Part shown in the Declarations ` the additional insured by this endorsement still is exceed the limits of liability required by the ;' excess over any valid and collectible 'other in- "written contract requiring insurance", the in- surance", whether primary, excess, contingent or surance provided to the additional insured is on any other basis, that is available to the addi- shall be limited to the limits of liability re- tonal insured when that person or organization is $ quired by that "written contract requiring in- an additional ,Insured under such "other insur- surance". This endorsement shall not in- ante". crease the limits of insurance described in 4. As a condition of coverage provided to the Section III—Limits Of Insurance. additional insured by this endorsement; b) The insurance provided to the additionail in- a) The additional insured must give' us written ¢ sured does not apply to"bodily injury", "prop- notice as soon as practicable of!'an 'occur- erty damage" or "personal injury" arising out rence" or an offense which may result in a of the rendering of, or failure to render, any claim. To the extent possible, such notice professional architectural, engineering or sur- should include: veying services,inducting: I. How, when and where the "occurrence" i. The preparing, approving, or failing to ` or offense took place; prepare or approve, maps, shop draw- if. The names and addresses of any injured ings, opinions, reports, surveys, field or arsons and witnesses;and de p rs or chane orders, or the preparing, g p Pa 9 approving, or failing to prepare or ap- ill. The nature and location of any injury or prove,drawings and specifications;and damage arising out of the"occurrence"or il. Supervisory, inspection, architectural or offense. engineering activities. CG 02 48 08 05 0 2005 The St.Paul Travelers Companies, Inc. Page 9 of 2 i { COMMERCIAL GENERAL LIABILITY F . b)_ If a claim is made or"suit"Is brought against anee provided to the additional insured by the additional insured, the additional Insured { this endorsement is primary to "other insur- must: ance" available to the additional Insured 1. Immediately record the specifics of the j which covers that person or organization as a claim or"suit"and the date received;and named insured as described in paragraph 3. above. iI. Notify us as soon as practicable. 5. The following definition is added to SECTION V. The additional insured must see to it that we ' —DEFINITIONS: receive written notice of the claim or"suit"as soon as practicable. "Written contract requiring insurance" means c The additional insured must immediate) that part of any written contract or agreement y under which you are required to include a send us copies of all legal papers received in ; person or organization as an additional in- connection with the claim or"suit", cooperate sured on this Coverage Part, provided that with us in the investigation or settlement of 1' the"bodily injury" and"property damage"oc- the claim or defense against the "suit", and curs and the"personal injury"is caused by an otherwise comply with all policy conditions. offense committed: d) The additional insured must tender the de- a. After the signing and execution of the fense and indemnity of any claim or"suit"to contract or agreement by you; any provider of"other insurance"which would b. While that part of the contract or cover the additional insured for a loss we agreement is in effect;and cover under this endorsement. However, this . condition does not affect whether the insur- c. Before the end of the policy period. Page,2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 48 08 05 Policws C03443UI148 COMMERCIAL GENERAL"LIABILITY Effective Date: 5/20/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the Jollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE-Provisions A.-H.and J.-N.of this endorsement broaden coverage, and provision 1. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights,duties,and what is and is not covered. A. Broadened Named Insured H. Additional Insured-State or Political Subdivisions B. Extension of Coverage-Damage To Premises I. Other Insurance Condition Rented To You J. Increased Supplementary Payments • 'Perils of fire,explosion,lightning,smoke,water • Cost of bail bonds increased to$2,500 • 'Limit increased to$300,000 • Loss of earnings increased to$500 per day C. Blanket Waiver of Subrogation K. Knowledge and Notice of Occurrence or Offense D. Blanket Additional Insured-Managers or Lessors L. Unintentional Omission of Premises E. Incidental Medical Malpractice M. Personal Injury-Assumed by Contract . f° N. Blanket Additional Insured-Lessor of Leased F. Extension of Coverage-Bodily Injury Equipment G. ContractualLiability-Railroads . PROVISIONS 3. This Provision A. does not apply to any per- A. BROADENED NAMED INSURED son or organization for which coverage is ex- 1. The Named Insured in Item 1.of the Declara- eluded by endorsement. tions is as follows: B. EXTENSION OF COVERAGE - DAMAGE TO " The person or organization named in Item 1.The RENTED TO YOU of the Declarations and any organization, 1. The last paragraph of COVERAGE A. BOD- other than a partnership, joint venture or lim- ILY INJURY AND PROPERTY DAMAGE LI- ited liability company, of which you maintain ABILITY (Section I -- Coverages) is deleted ownership or in which you maintain the major- and replaced by the following: ity interest on the effective date of the policy. Exclusions c. through n.do not apply to darn- However, coverage for any such additional age to premises while rented to you, or tem- organization will cease as of the date, If any, porarily occupied by you with permission of during the policy period, that you no longer the owner,caused by: maintain ownership of, or the majority interest a. Fire; 4 in,such organization. 2. WHO IS AN INSURED (Section ll) Item 4.a. b. Explosion; is deleted and replaced by the following: c. Lightning; a. Coverage under this provision is afforded d. Smoke resulting from such fire,^explosion, only until the 180th day after you acquire or lightning;or or form the organization or the end of the e. Water. policy period,whichever is earlier. A separate limit of insurance applies to this coverage as described in Section III Limits Of c Insurance. CG D316 07 04 Copyright,The Travelers Indemnity Company,2004 Page 1 of 6 I, COMMERCIAL GENERAL LIABILITY 2 This insurance does not apply to damage to 5. This Provision B. does not apply If coverage premises while rented to you, or temporarily for Damage To Premises Rented To You of occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner,caused by: PROPERTY DAMAGE LIABILITY(Section I— a. Rupture, bursting, or operation of Pres- Coverages)is excluded by endorsement sure relief devices; C. BLANKET WAIVER OF SUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure,caused by or resulting from wa- ;" payments we make for Injury or damage arising ter; out of: premises owned or occupied by or rented c. Explosion of steam bailers, steam pipes, or loaned to you; ongoing operations performed steam engines;or steam turbines. by you or on your behalf, done under a contract 3: Paragraph 6. of LIMITS OF INSURANCE ! with that person or organization; "your work"; or (Section III) is deleted and replaced by the "your products". We waive this right where you have agreed to do so as part of a written contract, following: executed by you before the "bodily, injure" or Subject to 5. above, the Damage To Prem- "property damage"occurs or the"personal injury" ises Rented To You Limit is the most we will or"advertising injury"offense is committed. pay under COVERAGE A. for the sum of all D. BLANKET ADDITIONAL INSURED — MANAG- damages because of "property damage" to ERS OR LESSORS OF PREMISES any one premises while rented to you, or temporarily occupied by you with permission WHO IS AN INSURED (Section II)is amended to of the owner,caused by: fire; explosion;light- include as an insured any person or organization referred to below as additional insured" Hing; smoke resulting from such fire, explo- ( " ) with sion, or lightning; or water. The Damage To whom you have agreed in a written contract,exe- Premises Rented To You Limit will apply to all cuted before the "bodily injury" or"property dam- "property damage"proximately caused by the age" occurs or the "personal injury" or "advertis- same "occurrence", whether such damage I ing injury" offense is committed, to name as an results from: fire; explosion; lightning; smoke additional insured, but only with respect to liability resulting from such fire, explosion, or light- arising out of the ownership, maintenance or use ping; or water; or any combination of any of of that part of.any premises leased to you, subject these causes. to the following provisions: The Damage To Premises Rented To You 1• Limits of Insurance. The limits of insurance Limit will be the higher of: afforded to the additional insured shall be the limits which you agreed to provide in the wrtt- a. $300,000;or ten contract,or the limits shown on the Decla- b. The amount shown on the Declarations rations,whichever are less. for Damage To Premises Rented To You 2. The insurance afforded to the additional in- Limit. sured does not apply to: 4' Paragraph a.of the definition of"insured con- a. Any "bodily injury" or "property damage" tract" (DEFINITIONS — Section V) is deleted that occurs,or"personal Injury"or"adver- u and replaced by the following: tising injury" caused by an offense which a. A contract for a lease of premises. How- is committed,after you cease to be a ten- ever, that portion of the contract for a ant in that premises; lease of premises that indemnifies any b. Any premises for which coverage is ex- person or organization for damage to eluded by endorsement;or premises while rented to you, or tempo- radly occupied by you with permission of c• Structural alterations, new construction or the owner, caused by: fire; explosion; i demolition operations performed by or on lightning; smoke resulting from such fire, behalf of such additional insured. explosion, or lightning; or water, is not an c 3. The insurance afforded to the additional in- "insured contract"; sured is excess over any valid and collectible Page 2 of 6 Copyright,The Travelers Indemnity Company,2004 CG D316 07 04 t. COMMERCIAL GENERAL LIABILITY "other insurance" available to such additional together with all related acts or omissions in Insured, unless you have agreed in the writ- the furnishing of the services described in ten contract that this Insurance must be pri- paragraph 1.above to any one person will be mary to,or non-contributory with, such "other j, deemed one"occurrence". insurance". 5. This Provision E. does not apply N you are in E. INCIDENTAL MEDICAL MALPRACTICE the business or occupation of providing any of 1 The following is added to paragraph 1. Insur- the services described in paragraph 1.above. ing Agreement of COVERAGE A. —BODILY 6. The insurance provided by this Provision E. INJURY AND PROPERTY DAMAGE LIABIL- shall be excess over any valid and collectible ITY(Section 1—Coverages): "other insurance" available to the insured, "Bodily injury" arising out of the rendering of, whether primary, excess, contingent or on or failure to render, the following will be any other basis, except for Insurance that you deemed to be caused by an"occurrence": bought specifically to apply in excess of the a. Medical,surgical-dental,laboratory,x-ray Limits of Insurance shown on the Dedare- or nursing service, advice or instruction, tions of this Coverage Part or the related furnishing of food or bever- F. EXTENSION OF COVERAGE — BODILY IN. ages; JURY b_ The furnishing or dispensing of drugs or d The definition of "bodily injury" (DEFINITIONS — medical, dental, or surgical supplies or ` Section V) is deleted and replaced by,the follow- appliances; ing: i c. First aid;or "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- d. "Good Samaritan services." As used in miliatlon, sickness or disease sustained by a per- this Provision E., "Good Samaritan ser- son, including death resulting from any of these at vices" are those medical services ren- any time. dared or provided in an emergency and ` ' G. CONTRACTUAL LIABILITY—RAILROADS for which no remuneration is demanded or received. I. Paragraph c.of the definition of"insured con- 2: Paragraph 2.a.(1)(d) of WHO IS AN IN- tract" (DEFINITIONS —Section V) is deleted SURED (Section 11) does not apply to any and replaced by the following: registered nurse, licensed practical nurse, c. Any easement or license agreement; emergency medical technician or paramedic 2. Paragraph f.(1) of the definition of "insured employed by you, but only while performing contract" (DEFINITIONS — Section V) is de- the services described in paragraph 1,above leted. and while acting within the scope of their em- ployment by you. Any"employees" rendering H. ADDITIONAL INSURED — STATE OR POLITI- "Good Samaritan services"will be deemed to CAL SUBDIVISIONS—PERMITS be acting within the scope of their employ- WHO IS AN INSURED (Section II)is amended to meet by you. include as an insured any state or political subdi- 3'. The following exclusion is added to paragraph vision,subject to the following provisions: 2. Exclusions of COVERAGE A. — BODILY 1. This insurance applies only when required to INJURY AND PROPERTY DAMAGE LIABIL- be provided by you by an ordinance, law or ITY(Section I—Coverages): k building code and only with respect to opera- (This insurance does not apply to:)"Bodily in- tions performed by you or on your behalf for jury" or "property damage" arising out of the which the state or political subdivision has is- willful violation of a penal statute or ordinance sued a permit. relating to the sale of pharmaceuticals com- ` 2. This insurance does not apply to: miffed by or with the knowledge or consent of a. "Bodily injury," "property damage," "per- the insured. sonal injury"or"advertising injury"arising 41 For the purposes of determining the applica- out of operations performed for the state ble limits of insurance, any act or omission or political subdivision;or CG D316 07 04 Copyright,The Travelers:Indemnity Company,2004 Page 3 of 6 j. COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- ; insured under any other policy, luded in the 'products-completed opera- including any umbrella„or excess tions hazard". policy. I. OTHER INSURANCE CONDITION When this insurance is excess, we A, COMMERCIAL GENERAL LIABILITY CON- will have no duty under Coverages A DITIONS Section 1V or B to defend the insured against ( ), paragraph 4. (Other » Insurance)is deleted and replaced by the fol- any suit" if any provider of other in- surance"has a duty to defend the in- lowing: r ; sured against that 'suit". If no pro- 4. Other Insurance vider of "other insurance" defends, If valid and collectible"other insurance"is we will undertake to do so,`twt we will available to the insured for a loss we be entitled to the insureds rightsagainst all those providers of "other cover under Coverages A or B of this insurance". Coverage Part,our obligations are limited as follows: When this insurance is excess over a. Primary Insurance "other insurance", we will pay only our share of the amount of the loss,if This insurance is primary except any,that exceeds the sum of: when b. below applies. If this insur- (1) The total amount that all such ance is primary, our obligations are "other insurance" would pay for not affected unless any of the "other ;: the loss in the absence of this in- insurance" is also primary. Then, we surance;and will share with all that "other insur- ance" by the method described in c. (2) The total of all deductible and below. self-insured amounts under that b. Excess Insurance "other insurance". We will share the remaining loss, if This insurance is excess over any of any,with any"other insurance"that is the "other insurance", whether pd- [ not described in this Excess Insur- mary, excess, contingent or on any ance provision. other basis: (1) That is Fire, Extended Coverage, c. Method Of Sharing Builder's Risk, Installation Risk, If all of the "other insurance" permits or similar coverage for 'your contribution by equal shares, we will work", follow this method also. Under this (2) That is Fre insurance for prem- 1 approach each provider of insurance ises rented to you or temporarily � contributes equal amounts until it has occupied by you with permission ' paid its applicable limit of insurance or none of the loss remains, which- of the owner; ever comes first. (3) That is insurance purchased by If any of the "other insurance" does you to cover your liability as a not permit contribution by equal tenant for "property damage" to shares, we will contribute by limits. premises rented to you or tempo- Under this method, the share of each rarity occupied by you with per- provider of insurance is based on the mission of the owner,or ; ratio of its applicable limit of insur- (4) It the loss arises out of the main- ance to the total applicable limits of tenance or use of aircraft, insurance of all providers of insur- "autos% or watercraft to the ex- ance. tent not subject to Exclusion g.of B. The following definition is added to DEFINITIONS Section I — Coverage A— Bodily (Section V): Injury And Property Damage Li- ability;or "Other insurance": (5) That is available to the Insured a. Means insurance, or the funding of losses, when the insured is an additional j' that.is provided by,through or on behalf of: Page,4 of 6 Copyright,The Travelers Indemnity Company,2004 CG D316 07 04 I ii COMMERCIAL GENERAL LIABILITY (1) Another insurance company; 2. Notice of an ''occurrence" or of an offense (2) Us or any of our affiliated insurance com- which may result in a claim will be deemed to panes, except when the Non cumulation be given as soon as practicable to us if it is of Each Occurrence Limit section of +' given in good faith as soon as practicable to Paragraph 5 of LIMITS OF INSURANCE % your workers' compensation insurer, This ap- u subsequently ti of lies only if o bse give notice(Section III)or the Non cumulation of Per- �; p y y q y g sonal and Advertising Injury limit sections the "occurrence" or offense to us as soon as of Paragraph 4 of LIMITS OF INSUR- practicable after you, one of your-"executive ANCE(Section III)applies; officers!'(if you are a corporation),one of your partners who is an individual (if you are a (S) Any risk retention group; partnership),one of your managers(if you are (4) Any self-Insurance method or program, , a limited liability company), or an"employee" other than any funded by you and over (such as an insurance, loss control or risk which this Coverage Part applies;or manager or administrator) designated by you (5) Any.similar risk transfer or risk manage- to give such notice discovers that the "occur- ment method. rence"or offense may involve this policy. b. Does not include umbrella insurance, or ex- j 3. This Provision K. does not apply as respects cess insurance,that you bought specifically to the specific number of days within which you apply in excess of the Limits of Insurance are required to notify us in writing of the shown on the Declarations of this Coverage abrupt commencement of a discharge, re- partlease or escape of "pollutants" that causes J. INCREASED SUPPLEMENTARY PAYMENTS "bodily injury" or "property damage" which may otherwise be covered under this policy. Paragraphs 1.b. and 1.d. of SUPPLEMENTARY L. UNINTENTIONAL OMISSION PAYMENTS—COVERAGES A AND B (Section -Coverages)are amended as follows: The following Is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), 11. In paragraph 1.b., the amount we will pay for. (Representations): 6 i paragraph . Re the cost of, bail bonds is increased to$2500. 1 ( p ) 2. In paragraph 1.d.,the amount we will pay for The unintentional.omission of, or unintentional loss of earnings is increased to$500 a day. error in, any information provided by you which we relied upon in issuing this policy shall not K. KNOWLEDGE AND NOTICE OF OCCUR- h prejudice your rights under this Insurance. How- RENCE OR OFFENSE ever, this Provision L. does not affect our right to 1. The following is added to COMMERCIAL collect additional premium or to exercise our right GENERAL LIABILITY. CONDITIONS(Section of cancellation or nonrenewal in accordance with IV), paragraph 2. (Duties In The Event of Oc- applicable state insurance laws, codes or regula- currence,Offense, Claim or Suit): tions- Notice of an "occurrence" or of an offense M. PERSONAL INJURY — ASSUMED BY CON- which may result in a claim must be given as al TRACT soon as practicable after knowledge of the 1. The following is added to Exclusion e. (1) of "occurrence"or offense has been reported to j, Paragraph 2., Exclusions of Coverage B. you, one of your "executive officers" (if you Personal Injury, Advertising Injury, and are a corporation), one of your partners who Web Site Injury Liability of the Web XTEND is an individual(if you are a partnership), one ' Liability endorsement: of your managers (if you are a limited liability Solely for the purposes of liability assumed in company), or an "employee" (such as an in- an "insured contract", reasonable attorney surance, loss control or risk manager or ad- fees and necessary litigation expenses in- ministrator) designated by you to give such curred by or for a party other than an insured notice, �. are ed to be damages because of r- edeem p g Pe Knowledge by any other "employee" of an .�, sonal injury"provided: I "ocurrence" or offense does not imply that (a) Liability to such party for, or for the cost you also have such knowledge. , h of that party's defenseaas also been as- CG D316 07 04 Copyright,The Travelers''Indemnity Company,2004 Page 5 of 6 i I i COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract"; N. BLANKET ADDITIONAL INSURED — LESSOR and OF LEASED EQUIPMENT (b) Such attorney fees and litigation ex- WHO IS AN INSURED (Section II)Is amended to penses are for defense of that party include as an insured any person or organization against a civil or alternative dispute reso- (referred to below as "additional insured") with lution proceeding in which damages to whom you have agreed in a written contract, exe- which this insurance applies are alleged. ' 1 cuted before the "bodily injury" or"property dam- 2. Paragraph 2.d. of SUPPLEMENTARY PAY- age" occurs or the "personal injury" or"adverbs- MENTS—COVERAGES A AND B (Section I Ing injury" offense is committed, to name as an —Coverages) is deleted and replaced by the additional Insured, but only with respect to their li- following: ability for"bodily injury", "property damage", "per- d. The allegations in the "suit" and the in- sonai injury" or "advertising injury" caused, In formation we know about the "occur- whole or in part, by your acts or omissions in the maintenance, operation or use of equipment rence"or offense are such that no conflict leased to you by such additional insured, subject appears to exist between the interests of to the following provisions: the insured and the interests of the in- demnitee; 1. Limits of Insurance. The limits of insurance 3. The third sentence of Paragraph 2 of SUP- afforded to the additional insured shall be the PLEMENTARY PAYMENTS —COVERAGES limits which you agreed to provide in the writ- ten contract,or the limits shown on the Decla- A AND B (Section I —Coverages) Is deleted rations,whichever are less. and replaced by the following: 2. The insurance afforded to the additional in- Notwithstanding the provisions of Paragraph sured does not apply to any"bodily injury" or 2.b.(2) of Section I—Coverage A—Bodily In- "property damage" that occurs, or personal jury And Property Damage Liability, or the Injury"or"advertising injury"caused by an of- provisions of Paragraph 2.e.(1) of Section I— fense which is committed,after the equipment Coverage B—Personal Injury,Advertising In- lease expires. jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for 3. The insurance afforded to the additional in- "bodily injury" and "property damage", or sured is excess over any valid and collectible damages for"personal injury",and will not re- "other insurance" available to such additional duce the limits of insurance. Insured, unless you have agreed in the writ- ten contract that this insurance must be pri- for "personal injury" liability is excluded by 4.; This provision M. does not apply if coverage maty to, or non-contributory with,such "other " endorsement insurance". Page 6 of 6 Copyright,The Travelers Indemnity Company,2004 CG 0316 07 04 Policy: C03443M148 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ALL PROJECTS SUBJECT TO A WRAP-UP INSURANCE PROGRAM WITH LIMITED EXCEPTIONS FOR CERTAIN ONGOING OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SELF-INSURED EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following exclusion is added to Paragraph 2., "property damage" occurs after the expiration Exclusions of Section I — Coverage A— Bodily of all,such coverage. Injury And Property Damage Liability: The exceptions in this exclusion do not apply to This insurance does not apply to"bodily injury" or "bodily injury" or "property damage" included in "property damage" arising out of any project that the "products-completed operations hazard" even is or was subject to a "wrap-up insurance pro- if you are required to provide such coverage for gram". an additional insured by a written contract or This exclusion does not apply to "bodily injury" or agreement. "property damage" arising out of your ongoing 2. The following is added to Section V — Defini- operations that: tions: a. Are being performed at any location owned "Wrap-up insurance program" means any agree- by, or rented to, you that is outside the pro- ment or arrangement, including any contractor- ject site for that project and is not covered by controlled, owner-controlled or similar insurance the "wrap-up insurance program" for that pro- program, under which some or all of the contrac- ject; or tors working on a specific project, or specific pro- b. Are punch list or warranty work, if coverage jects, are required to participate in a program to was available to the insured under the "wrap- obtain insurance that: up insurance program" for "bodily injury" or , a. Includes the same or similar insurance as "property damage" arising out of your ongo- that provided by this Coverage Part; and ing operations and the "bodily injury" or b. Is issued specifically for injury or damage arising out of such project or projects. CG D3,91 03 07 ©2007 The Travelers Companies,Inc. Page 1 of 1 1 POLICY NUMBER: 8103443M 148 COMMERCIAL AUTO ISSUE DATE:05-20- 2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 'y 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 modi- fied by,this endorsement. I 4 This endorsement identifies person(s)or organization(s)who are insureds" under the Who is An Insured Provi- sion of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s)or Organization(s): Designated Insured Any person or organization that you are required to include as an additional insured on this coverage form in a written contract or agreement that is signed and executed by you before the "bodily injury" or"property damage" occurs and that is in effect during the policy period. } ({f no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is anC"insured'for Liability Coverage, but only to the extent that person or organization qualities as an"insured"underithe Who Is An Insured Provision contained in Section 11 of the Coverage Form. u j . i j. CA 2 411 42 99 -insurance A 8 Copynght, Services Office, Inc., 1988 . Page 1 of 1 n � IJNT OSTA COUNTY f General Sem Department Michael J.Lango Director �„ 1 A' i�ANAGEMENT Terry Mann Deputy Director Rob Lim,PE Manager TRANSMITTAL RECEIVED DATE: August 1, 2008 TO: Mr. Robert Jimenez AUG 0 4 2008 Blossom Valley Construction, Inc. 1125 Mabur Road CLERK BOARD OF SUPERVISORS y CONTRA COSTA CO. Sa Jose, CA 95161 n / FROM: Roger Wilson, Project Manager ! �J SUBJECT: J MEDIAN LANDSCAPING PROJECT AT PACHECO BLVD., BETWEEN SECOND AVENUE SOUTH AND CENTER AVENUE, PACHECO FOR THE PUBLIC WORKS DEPARTMENT (WW0633) We are sending you attached via U.S. MAIL the following items: Item Copies Dated Description 1 1 07/08/08 Fully executed Construction Contract - { 2 2 07/31/08 Notice to Proceed 3 1 Prevailing Wage Rate Schedule 4 1 Verification of Performance Form COMMENTS: Sign and return one copy of the Notice to Proceed. I Please post Prevailing Wage Rate Schedule at job site. RW:amc _ cc w/Items 1 & 2 encl.: Clerk of the Board (w/bonds) (Award Dater July 8, 2008 It County Administrator's Office J. Crapo E. Kuevor General Services Department T. Mann R. Wilson File: 265-0801/C.1.1 1220 Morello Avenue, Suite 100 • Martinez, CA 94553 (925) 313-7200 Phone • (925) 313-7299 Fax H:\2008\2650801\08GO01043t.doc i f File:265-0801/C.1.1 CONTRACT (Construction Agreement) (Contra Costa County Standard Form) I. SPECIAL TERMS. These special terms are incorporated below.6y reference. (See Secs.2,3) Parties: (Public Agency) CONTRA COSTA COUNTY (Contractor) Blossom Valley Construction,Inc. 1125 Mabury Road San Jose,CA 95161 (See Sec.2) Effective Date: July 8,2008. (See Section 4 for starting date.) (See Sec.3) The Work: CONTRACT FOR MEDIAN LANDSCAPING PROJECT AT PACHECO BLVD.,BETWEEN SECOND AVENUE SOUTH AND CENTER AVENUE,PACHECO FOR THE PUBLIC WORKS DEPARTMENT, AUTHORIZATION NO.WW0633,IN ACCORDANCE WITH PLANS,DRAWINGS AND SPECIFICATIONS,PREPARED BY OR FOR THE DIRECTOR OF GENERAL SERVICES AND IN ACCORDANCE WITH THE ACCEPTED BID PROPOSAL(BASE BID WORK). (See Sec.4) Completion Time: Within 120 calendar days from starting date, (See Sec. 5) Liquidated Damages: $1,000.00 per calendar day. (See Sec.6) Public Agency's Agent: Michael J. Lango, Director,,of General Services (See Sec.7) Contract Price: $149,100.00 (See Sec.8) Federal Taxpayers I.D. or Social Security No.: 77-0049776 2. SIGNATURES&ACKNOWLERCOMENT. Public Agency,By: I Date; Michael an o, Director of General Services' Recommended By: Date:-- G� Rob LXn,Capital Projects Division Manager Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation Law, By: (Designate official capacity ie '6business) (` vtG-.t (cWelkc�.�.y.kFei�r„n.(CORPORATE ; SEAL) By: (Desig.riat official capacity in he business) ' � i�'h+.:�+*,.+c-i-:.'�•-. Note to Contractor: For cotporat�ons,f the contract must be signed by two officers. The first signature must be that of the chainnan of the board, president or vice-president; the secon�dll signature must be that of the secretary, assistant secretary,chief financial officer or assistant treasurer. (Civ. Code,Sec, 1190 and Corps. Code,Seh.313.) The acknowledgment below'must be signed by a Notary Public. I ' CERTIFICATE OF ACKNOWLEDGMENT State of California I 1) I) ss. County of ) On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signin otractor,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity ie that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,execu a instrument. WITNESS my hand and official seal. Dated: (. [NOTARIAL SEAL] Notary Public H:\2008\2650801108Go01039c.doc DIVISION D - I Page 1 of 4 i • z File: 265-0801/C.1.1 3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date, these parties promise and agree as set forth in this contract,incorporating by these references the material("special terms")in Section 1. (b) Contractor shall,at his own cost and expense, and in a workman'like 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. (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 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. i 5. LIOUIDATED 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 reasonabie sum specified in Section 1, the result of the parties'reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work; and if the same be not paid,Public Agency may, in addition to its other remedies,deduct the same from any money due or to become due Contractor under this 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 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 versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Section 1. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions, and as full compensation for all this work, the Public Agency shall pay the Contractor the sum specified in Section 1, except that in unit price contracts the 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 or its Agent,minus 10%thereof pursuant to Public Contract Code Section 9203,but not until defective work, and materials have been removed,replaced,and made good. S. PAYMENTS WITHHELD. (a)The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied,or uncompleted work,or 1 (2) Claims filed or reasonable evidence indicating probable filing,or (3) Failure to properly pay subcontractors or for material or Tabor,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 areinot reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code Sections 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 or 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. 11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply sufficient materials or workers to complete this agreement and work asprovided 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 applicabilityj of various federal,state,and local laws and regulations,especially Chapter 1 of Part7 of Division 2 of the Labor Code(beginning with Section 17201 and including Sections 1735, 1777.5,and 1777.6 forbidding discrimination). The parties specifically stipulate that the relevant penalties and forfeitures provided 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.. H:\2oo8\z65o8ot\o8Goot039c.doc DIVISION D - 2 Page 2 of 4. ♦ I File:265-0801/C.l.l 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 worker needed to execute this contract,and said 'rates are as specified in the call for bids for this work or 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 on this work, including all travel, subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes 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 promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon, which shall apply from the time of the initial employment of the person affected-and during,the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no worker 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. PREFERENCE FOR MATERIALS. The Public Agency desires,to promote the industries and economy of Contra Costa County, and the Contractor therefore promises to use the products, workers, 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 this contract, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the'. Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS & INDEMNIFICATION. (a) Contractor promises to and shall defend, indemnify, save, and hold harmless the u 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 the Supplementary General Conditions(Division G)• (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 or in 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 employee(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. (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 not a 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. 0) 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. H:\2008\2650801\08G0o1039c.doc DIVISION D - 3 Page 3 of 4 File:265-0801/C.1.1 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 AND AUDITING. Except for materials and records delivered to Public Agency, Contractor shall maintain and retain,for a period of at least five years after Contractor's receipt of the final payment under this contract,all records relating to this contract or to the work, including without limitation estimates, bids, shop drawings, submittals, subcontracts, personnel and payroll records,job reports and diaries, receipts, invoices, cancelled checks and financial records. Upon request by Public Agency, at no additional charge, Contractor shall promptly make such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency,and without restriction or limitation on their use. 23. VENUE. Any litigation involving this contract or relating to the work shall be brought in Contra Costa County, and Contractor hereby waives the removal provisions of Code of Civil Procedure Section 394. 24. ENDORSEMENTS. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors,the Board of Supervisors,County officers,or others who may be authorized by the Board of Supervisors or by law to receive such views. 25. 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). (CC-1; Rev. 2-07) (Form approved by County Counsel) RL:amc H:\2008\2650801\08G001039c.doc DIVISION D - 4 Page 4 of 4 1 CONTRA COSTA COUNTY General Services Department Michael J. Lango ;::CAPITAL PRO ECTS'MANAGEMENT Director `°1'220 Morello:Avenue;'Suite 100 Terry Mann Martinez,*..CA"945.53Deputy Director (925) 313-721O'WPhone Rob Lim, PE (925);313-7299:Fax Manager July 31, 2008 Mr. Robert Jimenez Blossom Valley Construction, Inc. 1125 Mabury Road San Jose, CA 95161 SUBJECT: MEDIAN LANDSCAPING PROJECT AT PACHECO BLVD., BETWEEN SECOND AVENUE SOUTH AND CENTER AVENUE, PACHECO FOR THE PUBLIC WORKS DEPARTMENT (WW0633); Notice To Proceed Pursuant to the Contract dated July 8, 2008 for the subject project, we are issuing this Notice to Proceed, with the following terms: Starting date: August 7, 2008 Contract completion time: 120 Calendar Days Contract completion date: December 5, 2008 Please add your signature on the line provided at the bottom of this letter to signify your acceptance and agreement with the terms of this notice, and.return a copy with your signature for our files. An extra copy of this letter is enclosed for your convenience. Sincerely, t ob Li&mP.E Capital Projects Division Manager RW:amc Enclosure ACCEPTANCE: Contractor's Signature Date File: 265-0801/C.1.1 H:\2008\2650801\08GO01042n.doc PAYMENT BOND -- PUBLIC WORK [Civ.Code, 3247 -32481 Bond No. 070-006-103 Premium Included in Performance Bond Any claim under this Bond should be sent to the following address: 71 Stevenson Street#600, San Francisco,CA 94105 KNOW ALL MEN BY THE PRESENTS: That we, BLOSSOM VALLEY CONSTRUCTION, INC. As Principal,and LIBERTY MUTUAL INSURANCE COMPANY , a corporation organized and existing under the laws of the State of Massachusetts 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 ONE HUNDRED FORTY NINE THOUSAND, ONE HUNDRED AND 00/100.Dollars ($149,100.00) lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated July 8,2008,with the Obligee to do and perform the following work,to wit: CONTRACT FOR MEDIAN LANDSCAPING PROJECT AT PACHECO BLVD., BETWEEN SECOND AVENUE SOUTH AND CENTER AVENUE, PACHECO FOR THE PUBLIC WORKS DEPARTMENT, AUTHORIZATION NO. WW0633, IN ACCORDANCE WITH PLANS, DRAWINGS AND SPECIFICATIONS, PREPARED BY OR FOR THE DIRECTOR OF GENERAL SERVICES AND IN ACCORDANCE WITH THE ACCEPTED BID PROPOSAL(BASE BID WORK), 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 Civil 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 reasonable attorney's fee,to be fixed by the court. This bond shall enure to the benefit of any of the persons named in Section 3181 of the Civil 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 25th day of July ----, 2008 BLOSSOM VALLEY CONSTRUCTION, INC. LIBERTY MUTUAL INSURANCE COMPANY (Principal) (Surety) (Si Susan E. Barrett(Signature)Attorney-in-Fact (SEAL AND ACKNOW#6GEMENT OF NOTARY) (SEAL AND.ACKNOWLEDGEMENT OF NOTARY) RW:umc H:�aox�ssoaoi�acnoioao�e� Page I of 1 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 2301233 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint NIP PRAM,SUSAN E.BARRETT,ALL OF THE CITY OF MOUNTAIN VIEW,STATE OF.CALIFORNIA ................................. ..................................................................................................................................................:............................................ ........................................:...................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other'surety obliggations in the penal sum not exceeding FIFTY MILLION AND 00/100******************** DOLLARS($ 50,000,000.00***** )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and_attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization; ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all, undertakings, bonds, recognizances and other surety obligations. Such 'fl y attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their N O signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be G! ti as binding as if signed by the president and attested by the secretary. C J9 d By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: c Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby � authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal, acknowledge and _ C °C 7 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. o' iy t71 V H w7 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W O- c E M IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 14th day of March c E m 5 2008 Q cr) M y LIBERTY MUTUAL INSURANCE COMPANY a y 0 CL E O Garnet W.Elliott,Assistant Secretary 2 o O*, COMMONWEALTH OF PENNSYLVANIA ss '-° C � COUNTY OF MONTGOMERY C tS On this 14th day of March 2008 , before me, a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged a0i O•S that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above E�i Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. O M IN TESTIMONY WH E. I ,h� unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year r RT 0 first above written. r��' �yoNW44 rf "04 { �St COMMONwEAi. KOFPENN YLVANIA, E aV Oi W a. Nte!laSeal ;r r) 3 OF Teresa Ps�st�a,Notary Ptd B Cao Z V PtyMtlt t Twp.,Ma to—ry C.c�ts.ly y 06 Yt�� C1 �erunr�annf :I�nas ,�wn of Wades Ter sa Pastella,Notary Public o CERTIFICATE~ T I,the undersigned,Assistant ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the.date of this certificate; and.l do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, 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 25th day of July 2008 . ^ David M.Carey,y,Assi nt Secretary ACKNOWLEDGMENT State of California County of Santa Clara i On �S before me, N. Pham, Notary Public (insert name and title of the officer) personally appeared Susan Rarrett 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. N. PN11M Commksion#t 1669438 WITNESS my h nd nd official seal. L 0MV PubNc.Cdowr►a Santa Clara County comm. Aa 1e,sol Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 ; Countyof On before me, `j� ��!. 1�,��_�5. ►`t okrz. Yt_( >�.Ic Date Here Insert Na a and Titter le of the Offi6pr personally appeared c i;o(k S t�y,rt F Name of Signer who proved to me on the basis of satisfactory evidence to be the person whose nameWis/af,iorsubscribed to the within instrument and acknowledged to me that he)'Pii�,TWexecuted the same in his/herftLiel"r authorized capacity�is<and that by his/hefxheir signaturen the instrument the person(ks r the entity upon behalf of 3HEIRRYK.1)AV18 which the personal acted, executed the instrument. COMM.01784042 NOTA CiARA COUNTY myPUBLIC- I certify under PENALTY OF PERJURY under the laws My Comm.E*Dw-8,21" of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal-.---"*' Signature Place Notary Seal Above nature of Notaryublic 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: 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—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact •. 1:1 Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ---------------- ®2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 • k i PERFORMANCE BOND--PUBLIC WORK Bond No. 070-006-103 Premium $2,147.00 Any claim under this Bond should be sent to the following address: 71 Stevenson Street#600,San Francisco,CA 94105 KNOW ALL MEN BY THE PRESENTS: That we,. BLOSSOM VALLEY CONSTRUCTION, INC. As Principal,and LIBERTY MUTUAL INSURANCE COMPANY a corporation organized and existing under the laws of the State of Massachusetts 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 ONE HUNDRED FORTY NINE THOUSAND, ONE HUNDRED AND 00/100 Dollars ($149,100.00) lawful money of the United Statcs of America, for the payment of which sum well and truly to be made, we bind ourselves,our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated July 8,2008,with the Obligee to do and perforin the following work, to wit: CONTRACT FOR MEDIAN LANDSCAPING PROJECT AT PACHECO BLVD., BETWEEN SECOND AVENUE SOUTH AND CENTER AVENUE, PACHECO FOR THE PUBLIC WORKS DEPARTMENT,AUTHORIZATION NO.WW0633,IN ACCORDANCE WITH PLANS,DRAWINGS AND SPECIFICATIONS, PREPARED BY OR FOR THE DIRECTOR OF GENERAL SERVICES AND IN ACCORDANCE WITH THE ACCEPTED BID PROPOSAL(BASE BID WORK). 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 25th day of July ,2008 BLOSSOM VALLEY CONSTRUCTION, INC. LIBERTY MUTUAL INSURANCE COMPANY (Princi (Surety) By: (Sign Susan E. Barrett (Signature) Attorney-in-Fact (SEAL AND ACKNOW EMENT OF NOTARY) (SEAL AND ACKNOWLEDGEMENT OF NOTARY) K\2008\2650801\080 0104 Page I of 1 RW:amc THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 2301234 This Power of'Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint NIP PHAM,SUSAN E.BARRETT,ALL OF THE CITY OF MOUNTAIN VIEW,STATE OF CALIFORNIA................................. .................................................................................................................:.............................................................................. ............................................................................................................................................................................................... each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obli ations in.the penal sum not exceeding FIFTY MILLION AND 00/100******************** 0 g***** DOLLARS($ 50;000, 00.00 )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company-,in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their N O signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be a) as binding as if signed by the president and attested by the secretary. E- G.19 y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: .0 q Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby C R authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and C 'O O deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. O w0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W o— CE j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or'official of the Company and the corporate seal of ,- Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 14th day of March C d 3 2008 Q Cl) p� y LIBERTY MUTUAL INSURANCE COMPANY L_'o C `` Garnet W. Elliott,Assistant Secretary y o to Z COMMONWEALTH OF PENNSYLVANIA ss - G u) COUNTY OF.MONTGOMERY os i C COn this 14th day of March , 2008 , before me, a Notary'Public, personally came Garnet W. Elliott,to me known, and acknowledged a0i O — that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above E« Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. O M �r, IN TESTIMONY WH L ave,l@ unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year N — v first above written. �gpNw o > �p� <5 COtvWONwEALTH OF PENN5YLVAN1A E!V O AF. NotwW S" T.,&i--te4a.NazyPWrk. [3 C 00 Z V PAtr+x gh Twp..Maistg y Cow,ry Co � 06 MyOuork wExpiresMar.2S.M Ter astella,Notary Public ct r YL4 \G hte a ar,Penrt¢ylv¢n n Aasxiniia or Notaries CERTIFICATE F-r I,the undersigned,Assistant ecretary of:Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and.l do further,certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company, This certificate and the above power of attorney may be signed by facsimile,or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, 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 25th day of Jul) 2008. By Z&74 David M.Carey,Assipd6t Secretary S ACKNOWLEDGMENT State of California County of Santa Clara ) On 7 °� _before me, N. Pham, Notary Public (insert name and title of the officer) personally appeared Susan E.. Barrett who proved tome 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 tru and correct. — — N. MAM WITNESS my h n and official seal. CornrtNwsion# 1e69438 Notary Pub0c•CaWomlo k rwo Clara County Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of On `1-7-S'C-,4t) before me, 0�c Date T Here Insert Name and Title of the Officer personally appeared Z' Name/W of Signer who proved to me on the basis of satisfactory evidence to be the person nwhose name fare subscribed to the within instrument and acknowledged to me that he/01501executed the same in his/0e0hLik authorized capacity(iqe rand that by his( tJaeifsignaturej'on the instrument the person or the entity upon behalf of SHERRY YLDAVISwhich the personcted, executed the instrument. COMM.#1784042 N rn ti NOT PUBLIC. OR1NR $ SANTA 1 I certify under PENALTY OF PERJURY under the laws M�► of the State of California that the foregoing paragraph is true,and correct. WITNESS my hand and offipial-seal. Signature S% Place Notary Seal Above '\,S\gna�_�y Pu 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: 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—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑Partner—❑ Limited ❑General M. ❑ Attorney in Fact ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876.6827