HomeMy WebLinkAboutMINUTES - 12052006 - C.119 ,£==6.... ...o� CONTRA
TO BOARD OF SUPERVISORS �-�
FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICESot
u" 's COSTA
DATE: DECEMBER 5, 2006 °°s;----_=' ' COUNTY
COUN
SUBJECT: APPROVE SECOND AMENDMENT TO THE CONSULTING
SERVICES AGREEMENT WITH TELADATA, LLC FOR THE C . 1 j
NEW FACILITY FOR THE CLERK-RECORDER, 555 ESCOBAR l
STREET, MARTINEZ (WH447B)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
APPROVE Second Amendment to the Consulting Services Agreement dated March 1 , 2006, with
Teladata, LLC for additional data/telecommunications consulting services for the New Facility for the
Clerk-Recorder, 555 Escobar Street, Martinez. The Amendment increases the payment limit by
$18,850 from $47,150 to $66,000.
FINANCIAL IMPACT
Funds are appropriated in the Plant Acquisition budget to pay for the additional consulting services.
BACKGROUND
On March 1 , 2006, the Director of General Services/Purchasing Agent approved a Consulting
Services Agreement with Teladata, LLC for designing the data/telecommunications system at the
new Clerk-Recorder building. Amendment No. 1 was previously approved by the Board. The
Second Amendment provides for additional services to address new DoIT requirements and revisions
by the Clerk-Recorder at the two computer rooms and the tally room, and to incorporate new
requirements from the Clerk-Recorder's security consultant. The Second Amendment includes a
$5,525 contingency amount to be utilized for any additional unanticipated changes that are
warranted.
CONTINUED ON ATTACHMENT: i�YES SIGNATUR��
-OMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
✓APPROVE _OTHER
SIGNATURE(S)Q)L'�' - 40,�,
ACTION OF BO D / .� APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
MEDIPABSENTS: �� p�``�(�A��B,S�TTAIIINN:1:
-r- CT: MICHAEL J.LARNGO(313-7100)
Originating Dept.:General Services Department
cc: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
Capital Projects Management Division AND CORRECT COPY OF AN ACTION TAKEN
apitalAND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISORS ON THE DATE SHOWN.
CPM File: 250-0114/A.1.1 �t C� )
250-0114lA.5ATTESTED �jl
County Administrator's Office JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Auditor Controller p y/
Clerk-Recorder's Office(via CPM) BY .o �r� (�/\ DEPUTY
Teladata, LLC(via CPM)
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NUV. 29. ilHb 4J 915b4b14b1L000UUN6LL NU. 7UUI r. 2
File:250-0114/A.1,1
SECOND AMENDMENT TO CONSULTING SERVICES AGREEN��
FOR NEW FACILITY FOR THE CLERK RECORDER,
555 ESCOBAR STREET,MARTINEZ
(WH44713)
1. Effective bate and Parties: Effective December 5,2006, Teladara, LLC(herein called "Consultant'), a Limited Liability Corporation, and the
County of Contra MR—Te—rein called"County"),a political subdivision of the State of California,mutually agree as follows:
2. Pn ose: On March 1,2006,the parties entered into a contract entitled"Consulting Services Agreement,"referred to as the"Agreement,"which
covers ffie designing of the data/telecommunications systems at the new Clerk-Recorder building_The Agreement has previously been amended as
follows: First Amendment dated May 23,2006 and Amendment No. 1 a dated August 1,2006. The parties desire to further amend the Agreement
to expand the scope of service and to increase the payment limit accordingly.
3. Amendments to Agreement:
A. In the A eement,Section i(e),change the Payment Limit from$47,150.00 to an amount not to exceed$66,000.00,an increase of S1 8,950.00,
which allows for a contingency amount of$5,525. This change shall apply to charges from and after October 6,2006.
B. In rhe Agreement Section 1(f),change the Completion Date,from October 31,2006 to March 31,2007.
C. In accordance with Section 14 of the Agreement provide die following:
Increase the scope of work to include professional services to provide for new DoIT requirements,revisions by the Clerk-Recorder at the two
computer rooms and the tally room,and new requirements from the Clerk-Recorder's security consultant.
D. In Appendix 13,paragraph F,increase the reimbursable amount from$150.00 to$350.00,an increase of$200.00.
4. Effect:
Subject to the revisions made by this and any prior amendments,the Agreement shall remain in full force and effect.
5. Sf nature:
These signatures attest the partes'agreementheteto:
PUBLIC AGENCY CONSULTANT
By: Date: Type of business:
Michael J.Lango (Designate type—corporation,sole proprietorship,partnership,
Director of General ServlceslPurchasing Agent partnership,government agency,limited liability company,etc.)
If corporation,state of incorporation:
RECOMMENDED FOR APPROVAL
By:
By: Date: Title:
Rob Lim,Capital Projects Division Manager (Designate official capacity in the business)
By:
Title:
(Designate official capacity in the business)
Note to Consultant: 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. (Civ. Code, Sec.
1190 and Corps.Code,See.313,) The acknowledgment below must be signed by a Notary Public.
.............................................................................................................................................................................................
.....,
APPROVALS
FORD APPACIVED
COUNTY COUNSEL
By: 6 AVA
�
APPROVED;COUNTY ADNITNISTRATOR
By:
Designee
ACKNOWLEDGMENT
State of California
3 a5
County of )
On the date written below,before the,the undersigned Notary Public,personally appeared the person(s) signing above for Consultant,personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) isJaze subscribed to the within instrument and
acknowledged to me that he/she/they executed the some in his/her/their authorized eapacity(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
WITNESS my hand and official seal,
Dated:
Notary Public
[Notary's Scal]
SJ:cth
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i t G..enITArlT�I'e�flt �
,e artnent
Michael J. Lango�C�9 /�D Director
lav1ANAGEMENT
p 1 Terry Mann
r', 'f FED 5 2001 Deputy Director
Rob Lim, PE
s CLERK BOARD OF SUPERVISORS g
CONTRA COSTA CO. Maz1a er
TRANSMITTAL
DATE: February 12, 2007
TO: San Francisco Interiors
4316 Redwood Highway#400
San Rafael, CA 94903
FROM: Ramesh Kanzaria, Senior Capital Facilities Project Manager
SUBJECT: ACOUSTICAL CEILINGS FOR NEW BUILDING ADDITION AT 255
GLACIER DRIVE, MARTINEZ FOR THE PUBLIC WORKS
DEPARTMENT (WH261B)
We are sending you attached via U.S. MAIL the following items:
Item 'Copies Dated Description
1 1 12/05/06 Fully executed Construction Contract
2 2 02/12/07 Notice to Proceed
3 1 Verification of Perfonnance Form
COMMENTS: Sign and return one copy of the Notice to Proceed.
The Prevailing Wage Rate Schedule will be posted at the job site by Swinerton
Builders.
RK:amc
cc w/Items 1 & 2 encl.: Cleric of the Board (w/bonds)
(Award Date: 12/05/06 Item No.: C.117)
County Administrator's Office
J. Crapo
E. Kuevor
General Services Department
T. Mann
R. Kanzaria
-File: 250-0517/C.1.1.6
Swinerton Builders
1220 Morello Avenue, Suite 100 • Martinez, CA 94553
(925) 313-7200 Phone • (925) 313-7299 Fax
H:A2005\2500517\05L017315t.doc
File: 250-0517/C.1.1.19
CONTRACT
(Construction Agreement)
(Contra Costa County Standard Form)
I. SPECIAL TERMS. These special terms are incorporated below by reference.
(See Secs. 2,3) Parties: (Public Agency) CONTRA COSTA COUNTY
(Contractor) San Francisco Interiors
4316 Redwood Highway#400
San Rafael,CA 94903
(See Sec. 2) Effective Date: December 5,2006. (See Section 4 for starting date.)
(See Sec. 3) The Work: ACOUSTICAL CEILINGS TRADE FOR NEW BUILDING ADDITION AT 255 GLACIER DRIVE,
MARTINEZ FOR THE PUBLIC WORKS DEPARTMENT,CONTRA COSTA COUNTY, BUDGET
LINE NO.4425-4261 AUTHORIZATION NO.0928-WH261B,IN ACCORDANCE WITH PLANS AND
SPECIFICATIONS,INCLUDING ADDENDA NO, l AND 2 PREPARED BY OR FOR THE DIRECTOR
OF GENERAL SERVICES AND IN ACCORDANCE WITH THE ACCEPTED BID PROPOSAL, BASE
BID ONLY.
(See Sec.4) Completion Time: In accordance with Division G,Attachment G-3
(See Sec. 5) Liquidated Damages: Up to$1,500.00 per calendar day.
(See Sec. 6) Public Agency's Agent: Michael J. Lango,Director of General Services
(See Sec. 7) Contract Price: $36,955.00
(See Sec. 8) Federal Taxpayers I.D.or Social Security No.: 94-3412543
2. SIGNATURES& ACKNOWLEDVEMENT.
Public Agency, By: Date:�
Michael ngd,Director of General Services /
Recommended By: Date: -Z �[
Rob L61
Capital Projects Division Manager
Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers' Compensation
Law,
By: A6=1�= I iICta Si 4^pc
y in the business)
(CORPORATE
SEAL)
By: �i ��"7
( esignate official c achy m the business)
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. (Civ.
Code, Sec. 1 190 and Corps. Code, Sec. 313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of Mai'I r) )
On the date written below, before me,the undersigned Notary Public,personally appeared the person(A(signing above for Contractor,personally
known to me( )to be the person( whose name(e)is/are-subscribed to the within instrument and
acknowledged to me that he/slae/they executed the same in his/leer/their authorized capacity(iea),and that by his/he"/them--signature(sl on the
instrument the person(pj,or the entity upon behalf of which the person(91 acted,executed the instrument.
WITNESS my hand and official seal.
Dated: 7rr%a.QPu 93, Don-7(NOT IAL SEAL]
COIETTE T.C.TOMPKINS ���
Commission#1492160 ` Notary Public
.� Notary Public-Calitomla
Sonoma County
MY Comm.Expires Jun 23,2008
(CC-I; Rev. 2-92)
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ACKNOWLEDGMENT
State of California
County of Marin
On January 23, 2007 before me, Colette T.C.Tompkins, Notary Public
(here insert name and title of the officer)
personally appeared Robin P. Smith
personally known to me (or prevad4&rna on the to be
the person(s) whose name(s) is/are subscribed to the within instrument and.
acknowledged to me that he/she/tl4ey executed the same in his/ber/th&authorized
capacity(ies), and that by his/her/their signature(&) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
COLETTE T.C.TOMPKINS
Comm4sslon# 1492160
J&MNof ary Public-C(Afomla
Signature— C " Sonoma County
Y Comm.Expires Jun 23,2008
(Seal)
File: 250-0517/C.1.1.19
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 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.
(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.
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,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 wort: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 I.
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 I, 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
(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 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 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.
(CC-1: Rev. 2-92)
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12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state,and local laws and regulations,especially Chapter I
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 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..
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 conplies 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& INDEMNITY. (a)Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this
section.
(b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions,
officers,agent and employees.
(c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of
actions defined below, including but not limited to personal injury, death, property damage, trespass, nuisance, inverse condemnation, patent
infringement, or any combination of these, regardless of whether or not such liability, claim or damage was unforeseeable at 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),or any officer(s),agent(s)or employee(s)of one or more of them.
(e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any indemnitee has prepared,
supplied, or approved any plants), drawing(s), specification(s) or special provision(s) in connection with this work, has insurance or other
indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee.
(CC-l; Rev.2-92)
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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).
26. ASSIGNMENT OF ADMINISTRATIVE RIGHTS AND DUTIES UNDER TRADE CONTRACTS TO CONSTRUCTION
MANAGER ("CM"). Rights and obligations of the County relating to administration of the construction contract (otherwise known as a "trade
contract') are assigned to the CM after the County Board's award of the trade contract. By signing this contract, the trade contractor acknowledges
and agrees to the role of the CM in the administration of the trade contract.
(CC-I; Rev.3-95)
(Form approved by County Counsel)
Mamc
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CONTRA COSTA COUNTY
General Services Department Michael J. Lango
CAPITAL PROJECTS MANAGEMENT Director
1220 Morello Avenue, Suite 100 Terry Mann
Martinez, California 94553 Deputy Director
(925) 313-7200 Phone Rob Lim, PE
(925) 313-7299 Fax Manager
February 12, 2007
San Francisco Interiors
4316 Redwood Highway#400
San Rafael, CA 94903
SUBJECT: ACOUSTICAL CEILINGS FOR NEW BUILDING ADDITION AT 255 GLACIER
DRIVE, MARTINEZ FOR THE PUBLIC WORKS DEPARTMENT (WH261B);
Notice To Proceed
Pursuant to the Contract dated December 5, 2006 for the subject project, we are issuing this Notice to
Proceed, with the following terms:
Project start date: November 27, 2006. Please note that the start and completion dates
of your trade(s) work is subject to the schedule requirements of the
specifications (see for example Division G).
Contract completion time: 300 Calendar Days. The 300 calendar days is for the total duration of
the project. For the duration of your specific trade(s) work, please
refer to Division G of the specifications.
Project completion date: September 23, 2007
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,,
ob Lim, P.E.
Capital Projects Division Manager
RK:amc
Enclosure
ACCEPTANCE:
Contractor's Signature Date
File: 250-0517/C.1.1.19
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PERFORMANCE BOND-- PUBLIC WORK
Bond No. BD701556
Premium
Any claim under this Bond should be sent
to the following address:
Nationwide Mutual Insurance Co.
p: ox 1820
La Mesa, CA 91944
KNOW ALL MEN BY THE PRESENTS:
That we, San Francisco Interiors, Inc. 4316 Redwood Hwy #400, San Rafael, CA 94903
As Principal, and Nationwide Mutual Insurance co.
a corporation organized and existing under the laws of the State of
Ohio 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
THIRTY SIX THOUSAND, NINE HUNDRED FIFTY FIVE AND 00/100 Dollars ($36,955.00) 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, finely by these
presents.
THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract
dated December 5, 2006, , with the Obligee to do and perform the following work,to wit:
ACOUSTICAL CEILINGS TRADE FOR NEW BUILDING ADDITION AT 255 GLACIER.
DRIVE, MARTINEZ FOR THE PUBLIC WORKS DEPARTMENT, CONTRA COSTA
COUNTY, BUDGET LINE NO. 4425-4261 AUTHORIZATION NO. 0928-WH261B, IN
ACCORDANCE WITH PLANS AND SPECIFICATIONS, INCLUDING ADDENDA NO. 1
AND 2 PREPARED BY OR FOR THE DIRECTOR OF GENERAL SERVICES AND IN
ACCORDANCE WITH THE ACCEPTED BID PROPOSAL,BASE BID ONLY.
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 2nd day of February 20 07
San Francisco Interiors, Inc. Nationwide Mutual Insurance Co. _
(Princi al) (Surety)
By. v _
(Sign (Signature)
(SEAL AND ACKNOWLEDGEMENT OF NOTARY) (SEAL AND A KNOWLEDGEMENT OF NOTARY)
RK:amc Shelly A. Hutchinson, Attorney in Fact
H:\2005\2500517\05L017284o.doc Page 1 of',
PAYMENT BOND -- PUBLIC WORK
[Civ. Code, §§3247 - 32481
Bond No. BD701556
Premium included with performance and
Any claim under this Bond should be sent
to the following address:
Nationwide Mutual Insurance Co.
P.O. Box 1820
KNOW ALL MEN BY THE PRESENTS: La Mesa, CA 91944
That we, San Francisco Interiors, Inc.
As Principal, and Nationwide Mutuai Insurance GO.
a corporation organized and existing under the laws of the State of
�hi� 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
THIRTY SIX THOUSAND, NINE HUNDRED FIFTY FIVE AND 00/100 Dollars ($36,955.00) 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 December 5. 2006,with the Obligee to do and perform the following work,to wit:
ACOUSTICAL CEILINGS TRADE FOR NEW BUILDING ADDITION AT 255 GLACIER
DRIVE, MARTINEZ FOR THE PUBLIC WORKS DEPARTMENT, CONTRA COSTA
COUNTY, BUDGET LINE NO. 4425-4261 AUTHORIZATION NO. 0928-WH261B, IN
ACCORDANCE WITH PLANS AND SPECIFICATIONS, INCLUDING ADDENDA NO. 1
AND 2 PREPARED BY OR FOR THE DIRECTOR OF GENERAL SERVICES AND IN
ACCORDANCE WITH THE ACCEPTED BID PROPOSAL,BASE BID ONLY.
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 2nd day of February - 20 07
San Francisco Interiors, Inc. Nationwide Mutual Insurance Co.
Principal) (Suret )
By: ci
re) (Signature)
(SEAL AND ACKNOWLEDGEMENT OF NOTARY) (SEAL AND KNOWLEDGEMENT OF NOTAR )
Shelly A. Hutchinson, Attorney in Fact
RK.amc
H:\2005\2500517\05L017283o.doc Page 1 of 1 i
Uzeo77s Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a corporation organized
under the laws of the State of Ohio, with its principal office in the City of Columbus, Ohio, hereinafter called "Company",
does hereby make, constitute and appoint DOUGLAS VV. DILLEY SHELLY A.HUTCHINSON
KENNETH R.DAER
SANTA ROSA CA
each in their individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal,and execute
in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature in penalties not exceeding
the sum of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS $ 500,000.00
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and
confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the
Board of Directors of the Company.
"RESOLVED, that the President, or any Senior Vice President, Resident Vice President or Second Vice
President by, and the same hereby is, authorized and empowered to appoint Attorneys-In-Fact of the Company
and to authorized them to execute any and all bonds, undertakings, recognizances, contracts of indemnity,
policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature which the business of the Company may require; and to modify or revoke, with
or without cause, any such appointment or authority. The authority granted hereby shall in no way limit the
authority of other duly authorized agents to sign and countersign any of said documents on behalf of the
Company."
'RESOLVED FURTHER, that such Attorneys-In-Fact shall have full power and authority to execute and
deliver any and all such documents and to bind the Company, subject to the terms and limitations of the power
of attorney issued to them, and to affix the seal of the Company thereto, provided,however, that said seal shall
not be necessary for the validity of any such documents.'
This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE VIII
"Section 10. Execution of instruments . Any Vice President and any Assistant Secretary or Assistant Treasurer
shall have the power and authority to sign or attest all approved documents, instruments, contracts or other
papers in connection with the operation of the business of the company in addition to the Chairman and Chief
Executive Officer, President,Treasurer and Secretary;provided, however, the signature of any of them may be
printed,engraved or stamped on any approved document,contract,instrument or other papers of the Company.
IN WITNESS WHEREOF, the said Nationwide Mutual Insurance Company has caused this instrument to be sealed and
duly attested by the signature of its Vice President the 28th day of April, 1999.
SMI
� ••••,�
ACKNOWLEDGMENT By:
SWAL �0
STATE OF IOWA 0.00 •br President
COUNTY OF POLK SS `4
On this 28th day of April, 1999, before me came the above named Vice President for Nationwide Mutual Insurance
Company, to me personally known to be the officer described in and who executed the preceding instrument, and he
acknowledged the execution of the same,and being by me duly sworn,deposes and says,that he is the officer of the Company
aforesaid, that the seal affixed thereto is the corporate seal of said Company, and the said corporate seal and his signature
were duly affixed and subscribed to said instrument by the authority and direction of said Company.
SANDYAL I Z O
COMMISSON
myND Notary Public
"099M
,ate MARM24 200 My Commission expires March 24, 2008
CERTIFICATE
I, John F. Delaloye, Assistant Secretary of Nationwide Mutual Insurance Company, do hereby certify that the
Resolution included herein is a true and correct transcript from the minutes of the meeting of the Board of Directors duly
called and held on the 6th day of September, 1967,and the same has not been revoked or amended in any manner;that said
Stephen S. Rasmussen was on the date of the execution of the foregoing Power of Attorney the duly elected Vice President
of Nationwide Mutual Insurance Company and the corporate seal and his signature as Vice President were duly affixed and
subscribed to the said instrument by the authority of said Board of Directors.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate
seal of said Company this 20-2 day of Lvov4161%vk1-4
f�
07583 This Power of Attorney expires PsT4��`� Assistant Secretary
&!s ami
Bd 1 (04-00)00 07/31/08 1.q���:4V
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
ss.
�po m Fl Countyof
On O2 -02-(J77 before me,/��n-) V; I I t I Vc)iyoi �L) Ii
Date Name andTitle of Officer(e.g., Jane Doe,Notary Publicl)
I personally appeared A. U �r h i n,!�nl
Names)of Signer(s)
personally known to me r
EJ pFoyed to Rile en the b2si/s 4��
evidepi;
to be the persong whose nameoe is/ere
subscribed to the within instrument and
acknowledged to me that He/she4hep executed
the same in 4isi'her/923e4 authorized
capacity(tes�, and that by +rta'her/theeir
signatureV) on the instrument the person04, or
the entity upon behalf of which the personK
PAM VILLA acted, executed the instrument.
COMM. #1454601 �
uls NOTARY PUeuC CAUFORNIA 0 WITNESS my hand and official seal.
SONWPV COUNTY s
My Comm Expires Dec.6,2007
Signature of Notary ublic
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
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
I
Signer Is Representing:
01999 National Notary Association 1 9350 Do Soto Ave.,P.D.Box 2402•Chatsworth.CA 913132402•www.nationalnotaryarg Prod.No.5907 Reorder:Call Toll-Free 1-800876-6827
ACKNOWLEDGMENT
State of California
County of Marin
On February 6,2007 before me, Colette T.C.Tompkins, Notary Public
(here insert name and title of the officer)
personally appeared Victor Silva
personally known to me (or proved to me am the basis of satisfaGtory 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/hw/their authorized
capacity(ies), and that by his/hef/their signature(&) on the instrument the person(s),
or the entity upon behalf of which the person(&) acted, executed the instrument.
WITNESS my hand and official seal.
COUTTE T.C,iOMPI0N5
Commission#�1492160 z
y Notary Public-CaNfomla
Signature 7::2C, , sonoma county
My comm.Fx0 Jun 23 20081
(Seal)
ACKNOWLEDGMENT
State of California
County of Marin
�J
On February6, 2007 before me, Colette T.C.Tompkins, Notary Public
(here insert name and title of the officer)
personally appeared Victor Silva
personally known to me (or proved#eMe ) to be
the person(s) whose name(s) Ware subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/Freer/thak authorized
capacity(ies), and that by his/her/their signature(.&) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
COLETTE T.C.TOMPKINS
Commission#1492160 z
.� Notary Public-California 5
Signature �� Sonoma County
My comm.Expires Jun 23,2008
(Seal)