HomeMy WebLinkAboutMINUTES - 05232006 - C.1 GTO: BOARD OF SUPERVISORS s Contra
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR
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DATE: May 23, 2006 °�•••-_ - '��'
County
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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 2006 Slurry Sea]
Project, El Sobrante, Walnut Creek, and Bay Point, (Districts 1, H&V)
Project No. 0672-6U2867-06.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION: APPROVE plans and specifications; AWARD and AUTHORIZE the Public
Works Director, or designee, to,execute a contract in the amount of$380,038.66 to California Pavement
Maintenance Co.,Inc. (CPM).,the lowest responsive and responsible bidder for the 2006 Slurry Seal Project,
Bay Point, Walnut Creek, and El Sobrante areas. (100% Proposition 42 Funds) (Districts V, H & I
respectively)Project No. 0672-6U2867-06
FISCAL IMPACT:
Project will be funded by 100%Proposition 42 Funds.
CONSEQUENCES OF NEGATIVE ACTION:
Project would not be built.
Continued on Attachment: ® SIGNATURE:
[K RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
U,COPROVE. ❑ OTHER
SIGNATURE(S): ,�J
ACTION OF BO //�ON 1 � �o
APPROVED AS COMMS D /Q OTHER ❑
VO'� OF SUPERVISORS /� I hereby certify that this is a true and correct copy of an action
UNANIMOUS(ABSENT /uD ) taken and entered on the minutes of the Board of Supervisors on
AYES: NOES: the date shown.
ABSENT: ABSTAIN:
:\Const\130\2006\5-23-06 2006 slurry seal.doc ATTESTED:
JOHN CULLEN,C e of the Board of Supervisors and County
ig.Div:Public Works( Division) Administrator
atact: ( )
Auditor-Controller
E.Kuevor,CAO By Deputy
County Counsel
Contractor
Surety
SUBJECT: Award of Contract for 2006 Slurry Seal,Bay Point, Walnut Creek and El Sobrante Areas, Project
No. 0672-6U2867-06
DATE: May 23, 2006
PAGE: 2 of 3
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Public Works Department received bids from the following contractors:
BIDDER TOTAL AMOUNT BOND AMOUNTS
California Pavement Maintenance Co., Inc. $380,038.66 Payment: $380,038.66
9390 Elder Creek.Road Performance: $380,038.66
Sacramento, CA 95829
Graham Contractors, Inc.
San Jose, CA 95159
Intermountain Slurry Seal, Inc.
Watsonville, CA 95076
American Asphalt Repair&Resurfacing Co., Inc.
Hayward, CA 94545
Valley Slurry Seal Co.
West Sacramento, CA 95691
The above-captioned project having been previously approved,and the plans and specifications having been
prepared by,filed with,and approved by the Board of Supervisors,and bids having been duly invited and received
by the Director of Public Works on April 25, 2006; and
The general prevailing rates of wages,which shall be the minimum rates paid on this project,having been
filed with the Clerk of the Board, and copies to be made available to any party upon request; and
The Board of Supervisors having deternlined that the project is exempt from the California Environmental
Quality Act as a Class 1, and a Notice of Exemption having been filed with the County Clerk on March 23,2006;
and
The bidder listed first above, California Pavement Maintenance Co., Inc. ("CPM"), having submitted the
lowest responsive and responsible bid,which is $2,193.14 less than the next lowest bid; and
The Affirmative Action Officer having reported that CPM has documented an adequate good faith effort
to comply with the requirements of the County's Outreach Program; and
The Director of Public Works recommending that the bid submitted by CPM is the lowest responsive
ind 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
SUBJECT: Award of Contract for 2006 Slurry Seal, Bay Point, Walnut Creek and El Sobrante Areas, Project
No. 0672-6U2867-06
DATE: May 23, 2006
PAGE: 3 of 3
The Board DETERMINES that CPM, as the lowest responsive and responsible bidder, has demonstrated
an adequate good faith effort, pursuafit to the specifications for this project, to comply with the requirements of.
the County's Outreach Program and the Board WAIVES any irregularities in such compliance; and further
determines that CPM has complied with the Mandatory Subcontracting Minimum; and the Board WAIVES any
irregularities in such compliance; and
The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded
to CPM at the listed amount and at the unit prices submitted in said bid, and that said contractor shall present
two good and sufficient surety bonds as indicated above, and that the Director of Public Works shall prepare the
contract therefore; and
The Board FURTHER ORDERS that after the contractor has signed the contract and returned it, together
with the bonds as noted above and any required certificates of insurance or other required documents, and the
Director of Public Works has reviewed and found them to be sufficient,the Director of Public Works,or designee,is
authorized to sign the contract for this Board; and
The Board FURTHER ORDERS that in accordance with the project-specifications and/or upon signature of
the contract by the Director of Public Works,or designee,any bid bonds posted by the bidders are to be exonerated
and any checks or cash submitted for security'shall be returned; and
The Board FURTHER ORDERS that the Director of Public Works, or designee is authorized to sign any
escrow agreements prepared for this proj ect 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 CPM,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).
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Project No. 0672-6U2867-06
Bid Due: April 25,2006
To the Board of Supervisors of Contra Costa County
Martinez, California
PROPOSAL
FOR
2006 SLURRY SEAL PROJECT
Name of bidder Calhbmia Pavement
Mama. ee Ga ine.
Business address 9390 Elder Creek Road
Saramento,QA 95829-9326Mailing address
Business Phone
Fax Number _W
Contact a� p
CX-
To the Board of Supervisors of Contra Costa County:
The undersigned, as bidder, declares that the-only persons or parties involved in this proposal
as principals are those named herein;.that this proposal is made without collusion with any other
person, firm or corporation; that he/she has carefully examined the location of the proposed
work, plans and specifications; and he/she proposes and agrees, if this proposal is accepted, that
he/she will contract with the Agency to provide all necessary machinery, tools, apparatus and
other means of construction, and to do all the work and furnish all the materials specified in the
contract, in the manner and time prescribed, and according to the requirements of the Engineer as
therein set forth, and that he/she will take in full payment therefor an amount based on the unit
prices specified hereinbelow for the various items of work, the total of said work as estimated
herein being. "
(Insert total)
and the following being the unit prices bid,to wit:
1
Item Bid Item Description Unit Quantity Unit,Price(in Amount.
No. Fi ures in figures)
1 Tow Vehicle EA 30' p.00 60
2 Remove Thermoplastic Striping and Markings SF 1,150
� o0
3 Place Slurry Seal Site 1 F SY 165,420 Ori?,IW
4
Aggregate-Type 2 Black Rock Site 1 Ton 1,325 q 10 I D$a.5;o
5 Latex Emulsified Asphalt Site 1 Gallon 46,000 1.170 2vn.c9
6 Place Slurry Seal Site 2)-(F) SY 15,035 ,y to
7 Aggregate-Type 2 Black Rock Site 2 Ton 120 (�.t 9 S 5'32 J 00
8 Latex Emulsified As halt Site 2• Gallon 4,200 I!-7o ,vo
9 Place Slurry Seal Site 3 F SY 84,341 q(O 3
10 Aggregate-Type 2 Black Rock Site 3 Ton 675 W" Io Sv
11 Latex Emulsified Asphalt Site 3 Gallon 23,500 o 3q q o.00
12 Thermoplastic Stria 12"White LF 3,260 /D A,•Zo
13 Thermoplastic Stripe 12"Yellow LF' 240 7 O$•80
14 Thermoplastic Stria Detail 1 LF ?'',9;960 1.12, 5,9 07, Zo
15 Thermoplastic Stria (Detail 6) LF 2,020 2 Z t.1.C,•qD
16
Thermoplastic Stria(Detail 21) LF 1;980 ', S6 121• l)
17 Thermoplastic Stripe Detail 22 LF 600 ( 1 • &j
18 Thermoplastic Stri a Detail 24 LF 360 0 -Sb,DD
19 Thermoplastic Stripe Detail 27B LF 75 Z• 1 7•Sp
20 Thermoplastic Pavement Markin White SF 1,360 .d0 5-7&,00
21 Thermoplastic Pavement Markin Yellow SF 160• q'6 0 .on
TOTAL 3�0� U3 8•(�(,
t
1
The work for which:this proposal is submitted is for construction in conformance with the
special provisions (including the payment of not less than the State general prevailing wage rates
or Federal minimum wage.rates), the project plans, including any addenda thereto, the contract
annexed hereto, and also in conformance with the California Department of Transportation
Standard Plans, dated July, 2004, the Standard Specifications, dates July, 2002, and the Labor
Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes
will be the total of all items. The bidder shall set forth for each unit basis item of work a unit
price and a total for the item, and for each lump sum item a total for the item, all in clearly
legible figures in the respective spaces provided for that purpose. In the case of unit basis items,
the amount set forth under the "Item Total" column shall be the product of the unit price bid and
the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the
unit price shall prevail, except as provided in(a) or(b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or
is the same as the amount as the entry in the item total column, then the amount set forth in the
item total column for the item shall prevail and shall be divided by the estimated quantity for the
item and the price thus obtained shall be.the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is
exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the
entered total, the discrepancy will be resolved by using the entered unit price or item total,
whichever most closely approximates percentagewise the unit price or item total in the Agency's
Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted,
the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or
otherwise unclear, or is omitted,the bid may be deemed irregular unless the project being bid has
only a single item and a clear,readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical
significance in establishing any unit price or item total or lump sums. Written unit prices, item
totals and lump sums will be interpreted according to the number of digits and, if applicable,
decimal placement. Cents symbols also have no significance in establishing any unit price or
item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a
dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is
included in a bid and it differs from the item total,the items total shall prevail.
The foregoing provisions for the resolution of specific 'irregularities cannot be so
comprehensive as to cover every omission, inconsistency, error or other irregularity which may
occur in a bid. Any situation not specifically provided for will be determined in the discretion of
the Agency, and that discretion will be exercised in the manner deemed by the Agency to best
protect the public interest in the prompt.and economical completion of the work.. The decision
of Agency respecting the amount of a bid, or the existence or treatment of an irregularity in a bid,
shall be final.
3
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal of said Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of said terms of
said proposal conflicting herewith.
By my signature hereunder, as Contractor, I certify,that I am aware of the provisions of
Section 3700-of the Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the provisions of that
code, and I will comply with such provisions before commencing the performance of the work of
this contract.
The improvement contemplated in the performance of this contract is an improvement over
which the State of California shall exercise general supervision. The State of California,
therefore, shall have the right to assume full and direct control over this contract whenever the
State of California,•at'its sole discretion, shall determine that its responsibility to the United
States so requires.
If this proposal shall be accepted and the undersigned shall fails to contract as aforesaid and
to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the
Board of Supervisors and proper evidence of insurance in accordance with the contract
requirements within eight (8) days, not including Saturdays, Sundays, and legal holidays, after
the bidder has received notice from the public agency that the contract is ready for signature, the
Board-of Supervisors may, in its discretion, award the contract to.the next highest bidder and
declare the successful bidder's security forfeited, as provided in Public Contract Code section "
5106."
4
PROPOSAL
All good faith effort documentation must be submitted with the bid or
within two (2) working days following the bid opening.
Failure to submit the required good faith effort documentation within
two (2) working days following the bid opening may render the bid non-
responsive.
The bidder is required to subcontract the following minimum
percentage of its bid:
Mandatory
Subcontracting 23*%
Minimum (MSM)
Requirement
NOTE: Outreach Program information and/or assistance may be
obtained through the County's Affirmative Action Office at (925)
335-1045.
*The MSM percentage figure will vary from project to project depending upon staff's
determination of the amount of work appropriate for subcontracting, the availability of
subcontractors, and other pertinent factors. Engineer to determine this percentage on a project by
project basis.
5
PROPOSAL (CONT.)
The contractor agrees, by submission of this proposal, to conform to the requirements of
Section 4100 through 4113 of the Public Contract Code.
The undersigned, as bidder, declares that he/she has not accepted any bid from any
subcontractor or supplier through any bid depository, the by-laws, rules or regulations of which
prohibit or prevent the contractor from considering any subcontractor or supplier which is not
processed through said bid depository, or which prevent any subcontractor or supplier from
bidding to any contractor who does not use the facilities of or accept bid's from or through such bid
depository.
The following is a complete list of items to be subcontracted,including the subcontractor's name
and address, as required. If.a portion of any item of work is done by a subcontractor, the value
of the work subcontracted will be based on the estimated cost of such portion of the contract
item, determined from information submitted by the contractor, subject to approval by the
engineer. Contra Costa County requires that.all subcontractor information shall be submitted at
the time of bid opening, no time extension will be allowed to submit this information per
Assembly Bill 1092.
The Bidder shall list each subcontractor to whom the Bidder proposes to subcontract any
item of work, or portion thereof, in excess of one-half of one percent (.50%) of the total'bid
or $10,000, whichever is greater in accordance with the Subletting and Subcontracting Fair
Practices Act, commencing with Section 4100 of the Public Contract Code.
6
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NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
NUMNICHN
being first duly sworn,deposes and says
(Name) MIKEMARCHIN6 CALIFORNIA.PAVEMENT
GER MAINTENANCE COMPANY,INC.
that he G"he is of
(Title,position in Company) (Name of Company)
the party making the foregoing bid.that the bid is not made in the interest of, or on behalf of, any undisclosed
person,partnership,company, association, organization, or corporation; that the'bid is genuine and not collusive
or sham; that the bidder has not directly or indirectly induced or solicited any',other bidder to put in a false or
sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or that anyone shall refrain from bidding;that the bidder has not in any manner,
directly or indirectly,sought by agreement,communication,or conference with'anyone to fix the bid price of the
bidder or any other bidder, or to fix-overhead;profit, or cost element of the-bid price, or that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the:bid are.true and :-further, tha 'the bidder,Lias not, directly or.
indirectly, submitted his order bid price or any breakdown thereof, or the contents .thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid,"
.(Signature of Bidder)
State of California ) ACKNOWLEDGEMENT(By Individual;Partnership or
County of �acva �v )ss Corporation)
CALIFORNIA PAVEMENT
The persono signing above for MAINTENANCE COMPANY,INC., known to me individual and business
capacities as stated, personally appeared before me today and acknowledged that hely executed it and
acknowledged to me that the partnership named above.executed itfor•acknowledged to me that the corporation
named above executed it pursuant to its bylaws or a resolution of its,board of directors.
Dated: - O6 Signature: . ! �-
RYA-14 BANGLE ��i
COMM. #1618808
ONotary PUWC•California o Name(Typed or Printed)
W Sacramento County
Comm,Expires Nov.4,2009
(This area for official notarial seal)
8
For bids exceeding $25,000, accompanying this proposal is a Proposal Guaranty in the amount of
Ten 00 Percent of A
(Cashier's Check, Certified Check o(Bidder's Bo cceptable)
The names of all persons interested-in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If the bidder or.other interested person is a corporation, state legal name of corporation, also names of
president, secretary,treasurer, and manager thereof. If a copartnership, state true name of firm.
If bidder or other interested person is an individual, state first and last name in full.
Callfamla pavement Maintenamee COOW—
Gordon L.Rayner,President/Treasurer UMKEMARCM
Tina B.Feenet,Gerporals SOMMAN MANAGER
Richard Rayner,vice-President 1B1R1OUYL®R
MANS
Licensed to do or subcontract all classes of work involved in the project, in accordance with an act
providing for the registration of contractors,License No. 51.4<14 Class: �}
(Expires La-3o—Z°07 ).
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
California,that the foregoing information is'true_and correct.
Date:
(S* ure of Bidder)
394 ELDER EK€D1.
Business address SACRAMENTO.CA 95823
9394 ELDER CREEK RD.
Place of residence I� SACRAMENTO.CA 9582J
Date 20P
9
SAMPLE BID BOND
Bond No.
KNOW ALL BY THESE PRESENTS:
That we, , as
Principal, and _ ,:a corporation
organized and existing under the laws of the State of and authorized to transact surety
business in the State of California, as Surety, are held and firmly bound unto ; as
Obligee, in the sum of: Ten Percent 00%) of the amount of the bid
Dollars 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.
WHEREAS,the Principal has submitted' bid
,for
(Project Name) (Project Number)''
NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the
faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract
and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof,
between the amount specified in said bid and the amount for which Obligee may legally contract with another
party to perform the work covered by said bid, if the latter amount be in excess of the former, then this
obligation shall be null and void,otherwise to remain in full force and effect.
SIGNED AND SEALED,this day of:., 20
(SEAL) (SEAL)
(Principal) (Surety)
By:
(Signature) (Signature)
(SEAT,AND ACKNOWLEDGMENT OF NOTARY)
G:CGrpData\Design\CTSPEC\PROPOSAL\SAMB[DB.DOC 511/01
10
BID BOND
Bond No. BBSU
KNOW.ALL BY THESE PRESENTS:
That we, CALIFORNIA PAVEMENT MAINTENANCE COMPNAY,INC.,
As Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a
corporation organized and existing under the laws of the State of CONNECTICUT 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 Ten Percent(10 o)of the amount of the bid
Dollars 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.
WHEREAS,the Principal has submitted a bid for
2006 SLURRY SEAL PROJECT, 0672-642867-06
(Project Name) (Project Number)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal
shall enter into a contract with the Obligee in accordance with such bid and give bond with good and
sufficient surety for the faithful performance of such contract, or in the event of the failure of the
Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the
difference, not to exceed the penalty hereof,between the amount specified in said bind and the
amount for which Obligee may legally contract with another party to perform the work covered by
said bid, if the latter amount be in excess of the former,then this obligation shall be null and void,
otherwise to remain in full force and effect.
SIGNED AND SEALED,this 21sT day of APRIL, 2006.
(SEAL) (SEAL)
CALIFORNIA PAVEMENT MAINTENANCE TRAVELERS CASUALTY AND SURETY
COMPANY,INC. COMPANY OF AMERICA
r By. — By. _
(Signature) Signature)
Tina B.Feeney,Corporate Secretary oseph H. Weber,Attorney-In-Fact
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
G:\GrpData\Design\CTSPEC\PROPOSAL\SAMBIDB.DOC 511101
9
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of Sacramento )
On 4/21/06 before me, Patricia Ross, Notary Public
(here insert name and title of the officer)
personally appeared Joseph H. Weber Attorney—In—Fact
personally known to me to be the person{) whose
name( ) is/are subscribed to the within instrument and acknowledged to me that he/she/the-y executed the
same in his/hefAl+c4r-authorized capacity(i4m), and that by his/hor44eif signature(( on the instrument the
personFs}, or the entity upon behalf of which the person(*acted, executed the instrument.
•:w:�� PATRICIA ROSS
WITNESS my hand and official seal. a COMM.#1553515
- i Notary Public-California M
m SACRAMENTO COUNTY
�ti•�-•` My Comm.Ezp.Feb.18,2009
Signature of Notary Public
(Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be .
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California.In such instances,any alternative
acknowledgment verbiage as may be printed on such a document so long as the
(Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in
California(i,e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required
Number of Pages Document Date - State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment,
- Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed_
(Additional information) - The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
- Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
ED Individual(S) he/she/they-is/afe)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
CAPA v12,10.05 C 65,Assacintioa of Professional Notaries CSA 800.873-9865 mw .notaryciasses.com
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06153-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the"Companies") hath made, constituted and appointed, and do by these .
presents make, constitute and appoint: Carol Dunn, Paul F. Bystrowski, Randall L. Jorgensen, Joseph H. Weber, Mary E A
McLaughlin,John E. Murphy, David IC Murphy,J. Wolohan, of Sacramento,California, their true and lawful Attorneys)-in-
Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the
following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and all consents incident thereto and to
bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the
Companies,and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any.Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if
required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON.CASUALTY
COMPANY,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11-00 Standard)
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Contra Costa County
OUTREACH PROGRAM
Affirmative Action Office
651 Pine Street,Martinez,CA 94553
(925)335-1045 Fax(925)646-1353
LETTER OF INTENT
TO PERFORM AS A
SUBCONTRACTOR/SUPPLIERIMANUFACTURER/TRUCKER/SUBCONTRACTOR
CALIFORNIA PAVEMENT
MAINTENANCE COMPANY,ANG
Name of Prime Contractor
2A9069 1N✓✓ �Yb 2G�
Name of Project
0&72- — 6,h 7--5 G-7 66,
Project Number
The undersigned is a(check one):
Sole proprietorship v Corporation Limited Liability
Partnership Joint Venture
Check the following which may apply.
MBE WBE SBE LBE
Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor
Supplier _ Supplier _ Supplier _ Supplier
_ Manufacturer _ Manufacturer _ Manufacturer _ Manufacturer
_ Trucker _ Trucker _ Trucker _ Trucker
_ Other _ Other _ Other _ Other
Describe Describe Describe Describe
None of the Above Apply
The undersigned is prepared to perform the following described work in connectionwith the above project
(specify, in detail the particular work items or parts thereof to be performed):
Total Amount Bid to Prime Contractor: $ e'
Signature Position Title Date
Name of Person Completing this Form
Company Name Phone Number
Fax Number
Revised Effective 8/3/2000
11
Contra Costa County
OUTREACH PROGRAM
Affirmative Action Office
651 Pine Street,Martinez,CA 94553
(925)335-1045 Fax(925)646-1353
VERIFICATION OF PERFORMANCE
SUiB CONTRACTOR/SUPPLIERIMANUFACTURER/TRUCKER/SUB CONSULTANT
1.
Name of Prime Contractor
2,
Name of Project
3.
Project Number
4. The undersigned performed work in connection with the above project as(check one):
Sole proprietorship Corporation _ Limited Liability
Partnership Joint Venture
5. Check the following which may apply.
MBE WBE SBE LBE
Subcontractor _ Subcontractor Subcontractor Subcontractor
Supplier Supplier _ Supplier Supplier
_ Manufacturer _ Manufacturer Manufacturer Manufacturer
Trucker _ Trucker _ Trucker . _ Trucker
_ Sub Consultant Sub Consultant _ Sub Consultant _ Sub Consultant
_ Other. Other _ Other _ Other
Describe. Describe Describe Describe '
None of the Above Apply
6. The undersign) d has performed the following described work in connection with the above project
(specify in detail the particular work items or parts that were performed):
7." Total Bid to Prime Contractor or Consultant: $ -
8. Total Amount Received: $
9. , Explain any difference between lines 97 and#8 by attaching a written explanation.
10.
Signature `Position/Title Date
11.
Name of Person Completing this Form
12. ( )
Company Name Phone Number
FAX Number
REVISED 8/3/2000
12
WARRANTY AND REPAIR AGREEMENT
To_ Contra Costa County (Agency):
The undersigned agrees to repair and/or replace all improvements installed as part of
2006 SLURRY SEAL PROJECT
(Insert Project Name)
PROJECT NO. 0672-6U2867-06
(Insert Project Number)
Should any of the materials or equipment prove defective or should the work as a whole prove defective,
due to faulty workmanship, material furnished or methods of installation, or should the work of any part
thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due
to any of the above causes, for a period of 12 months after date on which the contract work is accepted by the
Agency. The undersigned also agrees to reimburse the Agency, upon demand, for its expenses incurred in
restoring said work to the condition contemplated in said project, including the cost of any such equipment or
materials replaced and the cost of removing and replacing any other work necessary to make such replacement
or repairs, if such work is performed by the Agency. Alternatively, upon demand by the Agency, the
undersigned further agrees to replace any such material and to repair said work completely without cost to the
Agency so that said work will function successfully as originally contemplated.
The Agency shall have the unqualified option to make any needed replacements or repairs itself or to have
such replacements or repairs done by the undersigned. In the event the Agency elects to have such work
performed by the undersigned,.the undersigned agrees that.the repairs shall be made and such materials as are
necessary shall be furnished and installed within a reasonable time after the receipt of demand from the
Agency. If the undersigned shall fail or refuse to comply with his obligations under this agreement, the
Agency shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of
the said failure or refusal. The warranty period on the replaced materials or repaired defects shall commence,
for a separate period of 12 months, beginning on the date the repair work is accepted by the Agency. In no
event will the warranty period extend beyond three (3) years from the date the original contract work is
accepted by the Agency.
All�Opticom (or equal) components shall be guaranteed in accordance with the manufacturer's warranty,
which shall start after successful completion of the function test. All equipment for the Submaster shall be
guaranteed for a period.of three (3)years from the date the contract work is accepted by the Agency.
CALIFORNIA PAVEMENT
MAINTENANCE COMPANY,INC.
(Company Name)
(Autho ' Signature)
MIKE MARCNINI
�AANar��
(Print Name)
Date:
G:\GtpData\Design\CTSPECTROPOSAL\MAINT.doc 7/30/98
13
SAMPLE CONTRACT
(Contra Costa County Standard Form Construction Agreement)
1.SPECIAL TERMS. These special terms are incorporated below by reference.
(See Secs.2,3) Parties: Public Agency-- Contra Costa County
Contractor
Use complete legal name of Contractor.
Effective Date:
(see Section 4 for-starting date.)
(See Sec.3) Project Name
Proj.No.
located
The work consists of
all in accordance with the Plans,Drawings,Special Provisions and/or Specifications
prepared by or for the Public.Works Director/Chief Engineer(cross out'one) and in accordance with the accepted Bid
Proposal
(See Sec.4) Completion Time: ((DELETE ONE OF THE FOLLOWING STATEMENTS.))
(a) BY
(b) Within working/calendar((circle the appropriate word))days from starting date.
(See;See.5) Liquidated Damages: $ per calendar day.
(See Sec.6) Public Agency's Agent:
(See Sec.7) Contract Price: $ more or less, in accordance with finished quantities at unit
bid prices. ((DELETE TEXT if not unit price bid.))
(See Sec.8) Federal Taxpayer's I.D.or Social Security No.
2. SIGNATURES&ACKNOWLEDGEMENT.
Public Agency,By:
Maurice M.Slim,'
Public Works Director
Contractor, hereby also certifying awareness of and, compliance with Labor Code Sections 1861 and 3700 concerning Workers'
Compensation Law,
By:
(Designate official capacity in the business)
By:
(Designate official capacity in 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.
(Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signedi,by a Notary Public.
CERTIFICATE OKACKNOWLEDGMENT
State of Califomia . )
ss.
County of. )
On. before me, (here insert name and title of the officer),personally appeared ' personally known to me(or
proved to 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.
WITNESS,my hand and official seal.
Dated:
(Notary's Seal)
(Notary Public)
14
j
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
PROPOSAL
AND
CONTRACT
FOR
2006 SLURRY SEAL
PROJECT NO: 0672-6U2867-06
rA,C0 T
FOR USE WITH STANDARD SPECIFICATIONS DATED JULY, 2002 AND
STANDARD PLANS DATED JULY, 2004 OF THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION, AND GENERAL PREVAILING WAGE RATES AND
APPLICABLE LABOR SURCHARGE AND EQUIPMENT RENTAL RATES, AS ON
FILE WITH THE CLERK OF THE BOARD OF SUPERVISORS.
BID OPENING DATE: April 25,2006
FOR PRE-BID INFORMATION CONTACT: Carl J. Roner(925)313-2213
FOR PLAN HOLDER'S LIST:
Visit the Design Division at the Public Works website, www.co.contra-
costa.ca.us/depart/pw/(under "Contractor Info."),or call (925)313-2000.
TABLE OF CONTENTS
.PROPOSAL ................... ...........................................................................I
SUBCONTRACT INFORMATION ....................................................................7
TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT .......................................8
SIGNATURE OF BIDDER .................................................................................9
SAMPLE BIDDER'S BOND .............................................................................10
LETTER OF INTENT TO PERFORM AS A
SUBCONTPACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT ...11
VERIFICATION OF PERFORMANCE
SUBCONTRACTOR/SUPPLIERNLANUFACTURER/TRUCKER/SUBCONSULTANT ...12
WARRANTY AND REPAIR AGREEMENT .......................................................13
SAMPLE CONTRACT .................................................................................14
SAMPLE PERFORMANCE BOND ..................................................................18
SAMPLE PAYMENT BOND .........................................................................19
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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 he 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 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,
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 oftime 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 of4his contract and his payment for all labor and materials hereunder.
15
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 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 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 provide in the Labor Code,especially in Sections 17,75 and 1813 concerning prevailing wages and
hours,as well as Section 1776 concerning certified payroll records,shall apply to this agreement.
13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 are incorporated herein.
14. WAGE RATES. (a) Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations has ascertained the general
prevailing rates of wages per diem,and for holiday and overtime work,in the locality in which this work is to be performed,for each craft,classification,or type of
workman needed 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 or other non-manual workers as such)for
which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of
the person affected and during the continuance of such employment.
15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by
the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815.
16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777:5 and 1777.6,
forbidding discrimination.
17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the industries and economy of Contra Costa
county,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this County in every case where the price,fitness and
quality are equal.
18. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives ofthe 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 AND INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this
section.
(b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards,commissions,officers,agents
and employees.
(c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined
below,including but not limited to personal injury;death,property damage,trespass,nuisance,inverse condemnation,patent infringement,or any combination of
these,regardless of whether or not such liability,claim or damage was unforeseeable at 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 plan(s),drawing(s),specification(s)or special provision(s)in connection with this work,has insurance or other indemnification covering any of
these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee.
16
SAMPLE PERFORMANCE BOND--PUBLIC WORK
Bond No.
Premium
Any claim under this Bond should
be sent to the following address:
KNOW ALL BY THESE PRESENTS:
That we, ,as Principal, and
a corporation organized and existing under the laws of the State of_
and authorized to transact surety business in the State of California, as
Surety, are held and firmly bound unto ,as Obligee,in the sum of
Dollars($ ) 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
, with the Obligee to do and perform the following work, to-wit:
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 day of--..
(SEAL) (SEAL)
(Principal) (Surety)
By:
(Signature) (Signature)
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
g:\grpdata\design\ctspec\proposal\perfbnd.doc
18
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 ava;fable 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 andthe 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).
((Use Sections 25&26 only on CALTRANS-supervised projects.))
25. CONTROL BY STATE: The improvement contemplated in the performance of this contract is an improvement over which the State"of California
shall exercise general supervision. The State of California,therefore,shall have the right to assume full and direct control over this contract whenever the State of
California,in its sole discretion,shall determine that its responsibility to the United States would so require such action.
26. RENTAL AND WAGE RATES. The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract.
FORM APPROVED by County Counsel. ,
(CC-1;Rev.3-95)
G:\GrpData\Design\CTSPEC\PROPOSAL\Samcontr.doe511101
SAMPLE PAYMENT BOND--PUBLIC WORK
[Civ. Code Secs. 3247 -3248]
Bond No.
Premium
Any claim under this Bond should
be sent to the following address:
KNOW ALL BY THESE PRESENTS:
That we, ,as Principal,and
a corporation organized and
existing under the laws of the State of and authorized to transact surety
business in the State of California, as Surety, are held and firmly bound unto
, as Obligee, in the sum of Dollars ($ )
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
, with the Obligee to do and perform the following work, to-wit: as is
more specifically set forth in the contract documents,reference to which is hereby made.
NOW THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section
3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or
labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to
the Employment Development Department from the wages of employees of the Principal and subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the
Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case
suit is brought upon this bond, a reasonably attorney's fee,to be fixed by the court.
This bond shall ensure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to
give a right of action to such persons or their assigns in any suit brought upon this bond.
SIGNED AND SEALED,this day of
(SEAL) (SEAL)
(Principal) (Surety)
By:
(Signature) (Signature)
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
g:\grpdata\design\ctspcc\proposal\paybond.doc
19
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Project No. 0672-6U2867-06
Bid Due: April 25,2006
To the Board of Supervisors of Contra Costa County
Martinez, California
PROPOSAL
FOR
2006 SLURRY SEAL PROJECT
Name of bidder Graham Contractors, Inc.
Business address 860 Lonus Street, San Jose, CA 95126
Mailing address P.O. Box 26770, San Jose, CA 95159
Business Phone (408) 293-9516
Fax Number (408) 293-3633
Contact David Graham, Vice President
To the Board of Supervisors of Contra Costa County:
The undersigned, as bidder, declares that the only persons or parties involved in this proposal
as principals are those named herein; that this proposal is made without collusion with any other
person, firm or corporation; that he/she has carefully examined the location of the proposed
work, plans and specifications; and he/she proposes and agrees, if this proposal is accepted, that
he/she will contract with the Agency to provide all necessary machinery, tools, apparatus and
other means of construction, and to do all the work and furnish all the materials specified in the
contract, in the manner and time prescribed, and according to the requirements of the Engineer as
therein set forth, and that he/she will take in full payment therefor an amount based on the unit
prices specified hereinbelow for the various items of work, the total of said work as estimated
herein being
$382,231.80
(Insert total)
and the following being the unit prices bid, to wit:
1
Item Bid Item Description Unit Quantity Unit Price(in Amount
No. Figures) in figures)
1 Tow Vehicle EA 30 60.00 1,800.00
2 Remove Thermoplastic Striping and Markings SF 1,150
3 13,622.50
3 IPlace Slurry Seal Site 1 F SY 165,420
4 Aggregate-Type 2 Black Rock Site 1 Ton 1,325 37-00 49,025-00
5 Latex Emulsified Asphalt Site 1 Gallon 46,000
6 Place Slurry Seal Site 2 F SY 15,035 8,269.25
7 Aggre ate-T e 2 Black Rock Site 2 Ton 120 37.00 4,440.00
8 Latex Emulsified Asphalt Site 2 Gallon 4,200 1 .67 7-ni4-nn
9 Place Slurry Seal Site 3 F SY 84,341 .55 46,387.55
10 A re ate-1 e 2 Black Rock Site 3 Ton 675 37.00 24,975.00
11 Latex Emulsified Asphalt Site 3 Gallon 23,500 1
.67 39,245.00
12 Thermoplastic Stripe 12"White LF 3,260 3.35 10,921.00
13 Thermoplastic Stripe 12"Yellow LF 240
14 lThermoplastic Stripe Detail 1 LF 2,960 1.30 3,848.00
15 Thermoplastic Stripe Detail 6 LF 2,020 1.30 2,626.
16 Thermoplastic Stripe Detail 21 LF 1,980 1 1
17 Thermoplastic Stripe Detail 22 LF 600 1_90 1 140-00
18 Thermoplastic Stripe Detail 24 LF 360 2.10 756.00
19
Thermoplastic Stripe Detail 27B LF 75 2. 10 157.50
20 Thermoplastic Pavement Markin White SF 1,360 4, 10 5-576.00
21 Thermoplastic Pavement Markin Yellow SF . 160 4- 10 656-00
TOTAL $382;231.80,
The work for which this proposal is submitted is for construction in conformance with the
special provisions (including the payment of not less than the State.general prevailing wage rates
or Federal minimum wage rates), the project plans, including any addenda thereto, the contract
annexed hereto, and also in conformance with the California Department of Transportation
Standard Plans, dated July, 2004, the Standard Specifications, dates July, 2002, and the Labor
Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes
will be the total of all items. The bidder shall set forth for each unit basis item of work a unit
price and a total for the item, and for each lump sum item a total for the item, all in clearly
legible figures in the respective spaces provided for that purpose. In the case of unit basis items,
the amount set forth under the "Item Total" column shall be the product of the unit price bid and
the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the
unit price shall prevail, except as provided in(a) or(b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or
is the same as the amount as the entry in the item total column, then the amount set forth in the
item total column for the item shall prevail and shall be divided by the estimated quantity for the
item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is
exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the
entered total, the discrepancy will be resolved by using the entered unit price or item total,
whichever most closely approximates percentagewise the unit price or item total in the Agency's
Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted,
the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or
otherwise unclear, or is omitted,the bid may be deemed irregular unless the project being bid has
only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical
significance in establishing any unit price or item total or lump sums. Written unit prices, item
totals and lump sums will be interpreted according to the number of digits and, if applicable,
decimal placement. Cents symbols also have no significance in establishing any unit price or
item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a
dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is
included in a bid and it differs from the item total,the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so
comprehensive as to cover every omission, inconsistency, error or other irregularity which may
occur in a bid. Any situation not specifically provided for will be determined in the discretion of
the Agency, and that discretion will be exercised in the manner deemed by the Agency to best
protect the public interest in the prompt and economical completion of the work.. The decision
of Agency respecting the amount of a bid, or the existence or treatment of an irregularity in a bid,
shall be final.
3
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal of said Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of said terms of
said proposal conflicting herewith. .
By my signature hereunder, as Contractor, I certify that I am aware of the provisions of
Section 3700 of the Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the provisions of that
code, and I will comply with such provisions before commencing the performance of the work of
this contract.
The improvement contemplated in the performance of this contract is,an improvement over
which the State of California shall exercise general supervision. The State of California,
therefore, shall have the right to assume full and direct control over this contract whenever the
State of California, at its sole discretion, shall determine that its responsibility to the United
States so requires.
If this proposal shall be accepted and the undersigned shall fails to contract as aforesaid and
to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the
Board of Supervisors and proper evidence of insurance in accordance with the contract
requirements within eight (8) days,not including Saturdays, Sundays, and legal holidays, after
the bidder has received notice from the public agency that the contract is ready for signature, the
Board of Supervisors may, in its discretion, award the contract to the next highest bidder and
declare the successful bidder's security forfeited, as provided in Public Contract Code section
5106.
4
PROPOSAL
All good faith effort documentation must be submitted with the bid or
within two (2) working days following the bid opening.
Failure to submit the required good faith effort documentation within
two (2) working days following the bid opening may render the bid non-
responsive.
The - bidder is required to subcontract the following minimum
percentage of its bid:
Mandatory
Subcontracting 23*%
Minimum (MSM)
Requirement
NOTE: Outreach Program information and/or assistance may be
obtained through the County's Affirmative Action Office at (925)
3354045.
*The 'MSM percentage figure will vary from project to project depending upon staffs
determination of the amount of work appropriate for subcontracting, the availability of
subcontractors, and other pertinent factors. Engineer to determine this percentage on a project by
project basis.
5
PROPOSAL (CONT.)
The contractor agrees, by submission of this proposal, to conform to the requirements of
Section 4100 through 4113 of the Public Contract Code.
The undersigned, as bidder, declares that he/she has not accepted any bid from any
subcontractor or supplier through any bid depository, the by-laws, rules or regulations of which
prohibit or prevent the contractor from considering any subcontractor or supplier which is not
processed through .said bid depository, or which prevent any subcontractor or supplier from
bidding to any contractor who does not use the facilities of or accept bids from or through such bid
depository.
The following is a complete list of items to be subcontracted,including the subcontractor's name
and address, as required. If a portion of any item.of work is done by a subcontractor,the value
of the work subcontracted will be based on the estimated cost of such portion of the contract
item, determined from information submitted by the contractor, subject to approval by the
engineer. Contra Costa.County requires that all subcontractor information shall be submitted at
the time of bid opening, no time extension will be allowed to submit this information per
Assembly Bill 1092.
The Bidder shall list each subcontractor to whom the Bidder proposes to subcontract any
item of work, or portion thereof, in excess of one-half of one percent (.50%) of the total bid
or $10,000, whichever is greater in accordance with the Subletting and Subcontracting Fair
Practices Act, commencing with Section 4100 of the Public Contract Code.
6
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V3IHa1/VV AO ANVdWOJ A13HaS QNV Al'IVf1SVJ SHH'IAAVHI .
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 13th day of May, 2005.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS.Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
UMYWMI
Suit.,
TV ANp S` GAS u�C rL
�OR'P�f�• O
HARTFORD, t 1 9 8 2 o BY
2
s� �H CONN. George W. Thompson
�" i v���� `6< ��,D bY' • "`' Senior Vice President
On this 13th day of May, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
G.TifT
� �► mom c.
* AUBI�G '♦
My commission expires June 30, 2006 Notary Public
Marie C.Tetreault
CERTIFICATE
I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of
the State of.Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power`of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority,are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 5 th day of
April 20 06
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Oh. !w. MCONN. nAD, y 1952 O
It v'`b rb1 F��a yy • "Ta By
Nicholas Seminara
Senior Vice President I
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CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
PROPOSAL
AND
CONTRACT
FOR
2006 SLURRY SEAL
PROJECT NO: 0672=6U2867-06
01.
sr _C
FOR USE WITH STANDARD SPECIFICATIONS DATED JULY, 2002 AND
STANDARD PLANS DATED JULY, 2004 OF THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION, AND GENERAL PREVAILING WAGE RATES AND
APPLICABLE LABOR SURCHARGE AND EQUIPMENT RENTAL RATES, AS ON
FILE WITH THE CLERK OF THE BOARD OF SUPERVISORS.
BID OPENING DATE: April 25,2006
FOR PRE-BID INFORMATION CONTACT: Carl J. Roner(925) 313-2213
FOR PLAN HOLDER'S LIST:
Visit the Design Division at the Public Works website, www.co.contra-
costa.ca.us/depart/pw/(under"Contractor Info."), or call(925) 313-2000.
TABLE OF CONTENTS
PROPOSAL .................................................................................................1
SUBCONTRACT INFORMATION ....................................................................7
TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT .......................................8
SIGNATURE OF BIDDER .................................................................................9
SAMPLE BIDDER'S BOND ............................................................................10
LETTER OF INTENT TO PERFORM AS A
SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT ...11
VERIFICATION OF PERFORMANCE
SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT ...12,
WARRANTY AND REPAIR AGREEMENT .......................................................13
SAMPLE CONTRACT .................................................................................14
SAMPLE PERFORMANCE BOND ....................:.............................................18
SAMPLE PAYMENT BOND ..........................................................................19
Contra Costa County
OUTREACH PROGRAM
Affirmative Action Office
651 Pine Street,Martinez,CA 94553
(925)335-1045 Fax(925)646-1353
LETTER OF INTENT
TO PERFORM AS A
SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONTRACTOR
Name of Prime Contractor
Name of Project
Project Number
The undersigned is a(check one):
Sole proprietorship Corporation Limited Liability
Partnership Joint Venture
Check the following which may apply.
MBE WBE SBE LBE
_ Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor
_ Supplier - Supplier — Supplier — Supplier
_ Manufacturer — Manufacturer — Manufacturer — Manufacturer
_
Trucker _ Trucker _ Trucker _ Trucker
_ Other _ Other _ Other _ Other
Describe Describe Describe Describe
None of the Above Apply
The undersigned is prepared to perform the following described work in connection with the above project
(specify in detail the particular work items or parts thereof to be performed):
Total Amount Bid to Prime Contractor: $
Signature Position Title Date
Name of Person Completing this Form
Company Name Phone Number
Fax Number
Revised Effective 8/3/2000
11
Contra Costa County
OUTREACH.PROGRAM
Afrmative Action Office
651 Pine Street,Martinez,CA 94553
.(925)335-1045 Fax(925)646-1353
VERIFICATION OF PERFORMANCE
SUB CONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUB CONSULTANT
1. •
Name of Prime Contractor
2.
Name of Project
3.
Project Number
4. The undersigned performed work in connection with the above project as(check one):
Sole proprietorship Corporation — Limited Liability
Partnership Joint Venture
5. Check the following which may apply.
MBE WBE SBE LBE
_ Subcontractor _ Subcontractor _ Subcontractor Subcontractor
— Supplier — Supplier — Supplier — Supplier
_ Manufacturer Manufacturer _ Manufacturer Manufacturer
_ Trucker Trucker _ Trucker _ Trucker
_ Sub Consultant Sub Consultant _ Sub Consultant _ Sub Consultant
Other Other _ Other .Other
Describe Describe Describe Describe
_None of the Above Apply
6. The undersigned has performed the following described work in connection with the above project
(specify in detail the particular work items or parts that were performed):.
7. Total Bid to Prime Contractor or Consultant: $
8. Total Amount Received: $
9. Explain any difference between lines#7 and#8 by attaching a written explanation.
10.
Signature Position/Title Date
11.
Name of Person Completing this Form
12. ( )
Company Name Phone Number
FAX Number
REVISED 8/3/2000
12
I
WARRANTY AND REPAIR AGREEMENT
To Contra Costa Countv (Agency):
The undersigned agrees to repair and/or replace all improvements installed as part of
2006 SLURRY SEAL PROJECT
(Insert Project Name)
'PROJECT NO. 0672-6U2867-06
(Insert Project Number)
Should any of the materials or equipment prove defective or should the work as a whole prove defective,
due to faulty workmanship, material furnished or methods of installation, or should the work of any part
thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due
to any of the above causes, for a period of 12 months after date on which the contract work is accepted by the
Agency. The undersigned also agrees to reimburse the Agency, upon.demand, for its expenses incurred in
restoring said work to the condition contemplated in said project, including the cost of any such equipment or
materials replaced and the cost of removing and replacing any other work necessary to make such replacement
or repairs, if such work is performed by the Agency. Alternatively, upon demand by the Agency, the
undersigned further agrees to replace any such material and to repair said work completely without cost to the
Agency so that said work will function successfully as originally contemplated.
The Agency shall have the unqualified option to make any needed replacements or repairs itself or to have
such replacements or repairs done by the undersigned. In the event the Agency elects to have such work
performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are
necessary shall be furnished and installed within a reasonable time after the receipt of demand from the
Agency. If the undersigned shall fail or refuse to comply with his obligations under this agreement, the
Agency shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of
the said failure or refusal. The warranty period on the replaced materials or repaired defects shall commence,
for a separate period of 12 months, beginning on the date the repair work is accepted by the Agency. In no
event will the warranty period extend beyond three (3) years from the date the original contract work is
accepted by the Agency.
All Opticom.(or equal) components shall be guaranteed in accordance with the manufacturer's warranty,
which shall start after successful completion of the function test. All equipment for the Submaster shall be
guaranteed for a period of three(3)years from the date the contract work is accepted by the Agency.
(Company Name)
(Authorized Signature)
(Print Name)
Date:
G:\GrpData\Design\CTSPEC\PROPOSAL\MArNT.doc 7/30198
13
SAMPLE CONTRACT
(Contra Costa County Standard Form Construction Agreement)
1.SPECIAL TERMS. These special terms are incorporated below by reference.
(See Secs.2,3) Parties: Public Agency--Contra Costa County
Contractor-
-
Use complete legal name of Contractor.
Effective Date:
(see Section 4 for starting date.)
(See Sec.3) Project Name
Proj.No.
located
The work consists of
all in accordance with the Plans,Drawings,Special Provisions and/or Specifications
prepared by or for the Public Works Director/Chief Engineer(cross out one)and in accordance with the accepted Bid
Proposal
(See Sec.4) Completion Time: ((DELETE ONE OF THE FOLLOWING STATEMENTS.))
(a) By
(b) Within working/calendar((circle the appropriateword))days from starting date.
(See Sec.5) Liquidated Damages: $ per calendar day.
(See.Sec.6) Public Agency's.Agent:
(See Sec.7) Contract Price: $ more or less, in accordance with finished quantities at unit
bid prices. ((DELETE TEXT if not unit price bid.))
(See Sec.8) Federal Taxpayer's I.D.or Social Security No.
2. SIGNATURES&ACKNOWLEDGEMENT.
Public Agency,By:
Maurice M.Shiu,
Public Works Director
Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'
Compensation Law,
By:
(Designate official capacity in the business)
By
(Designate official capacity in 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.
(Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of )
On before me, (here insert name and title of the officer),personally appeared personally known to me(or
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.
WITNESS my hand and official seal.
Dated:
(Notary's Seal)
(Notary Public)
14
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. TI_ME� NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed;and shall complete it as
specified in Section 1,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 ofthe 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,
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.
15
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 workmen to complete this agreement and work as provided herein,for a period of 10 days or more after written notice thereof by the Public Agency,
the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price.
12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state,and local laws and regulations,especially Chapter 1 of Part
7 of Division 2 of the Labor Code(beginning with Section 1720, and including Sections 1735, 1777.5, and 1777.6 forbidding discrimination). The parties
specifically stipulate that the relevant penalties and forfeitures provide in the Labor Code,especially in Sections 1775 and 1813 concerning prevailing wages and
hours,as well as Section 1776 concerning certified payroll records,shall apply to this agreement.
13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 are incorporated herein.
14. WAGE RATES. (a) Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations has ascertained the general
prevailing rates of wages per diem,and for holiday and overtime work,in the locality in which this work is to be performed,for each craft,classification,or type of
workman needed 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 or other non-manual workers as such)for
which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of
the person affected and during the continuance of such employment.
15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by
the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815.
16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6,
forbidding discrimination. ,
17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the industries and economy of Contra Costa
county,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this County in every case where the price,fitness and
quality are equal.
18. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor;but he cannot assign it in whole or in part,
nor any monies due or to become due under it,without the prior written consent of the Public Agency and the Contractor's surety or sureties,unless they have
waived notice of assignment.
19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials,or approval of work and/or materials inspected,or statement by
any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of payments therefor, or any
combination of these acts,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 AND INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this
section.
(b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards,commissions,officers,agents
and employees.
(c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined
below,including but not limited to personal injury,death,property damage;trespass,nuisance,inverse condemnation,patent infringement,or any combination of
these,regardless of whether or not such liability,claim or damage was unforeseeable at 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 plan(s),drawing(s),specification(s)or special provision(s)in connection with this work,has insurance or other indemnification covering any of
these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee.
16
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).
((Use Sections 25&26 only on CALTRANS-supervised projects.))
25. CONTROL BY STATE. The improvement contemplated in the performance of this contract is an improvement over which the State of California
shall exercise general supervision. The State of Califomia,therefore,shall have the right to assume full and direct control over this contract whenever the State of
California,in its sole discretion,shall determine that its responsibility to the United States would so require such action.
26. RENTAL AND WAGE RATES. The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part ofthis contract.
\it
FORM APPROVED by County Counsel.
(CC-l;Rev.3-95)
G:\GrpData\Design\CTSPEC\PROPOSAL\Samcontr.doc 5/I/0I
17
SAMPLE PERFORMANCE BOND --PUBLIC WORK
Bond No.
Premium
Any claim under this Bond should
be sent to the following address:
KNOW ALL BY THESE PRESENTS:
That we, ,as Principal,and_
a corporation organized and existing under the laws of the State of_
and authorized to transact surety business in the State of California, as
Surety,are held and firmly bound unto , as Obligee,in the sum of
Dollars($ ) 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
with the Obligee to do and perform the following work, to-wit:
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' day of
(SEAL) (SEAL)
(Principal) (Surety)
By:
(Signature) (Signature)
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
g:\grpdata\design\ctspec\proposal\pertbnd.doc
18
I
SAMPLE PAYMENT BOND --PUBLIC WORK
[Civ. Code Secs. 3247- 3248]
Bond No.
Premium
Any claim under this Bond should
be sent to the following address:
KNOW ALL BY THESE PRESENTS:
That we, ,as Principal,and_
a corporation organized and
existing under the laws of the State of and authorized to transact surety
business in the State of California,as Surety, are held and firmly bound unto
, as Obligee, in the sum of Dollars ($ )
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
, with the Obligee to do and perform the following work, to-wit: as is
more specifically set forth in the contract documents,reference to which is hereby made.
NOW THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section
3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or
labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to
the Employment Development Department from the wages of employees of the Principal and subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the
Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case
suit is brought upon this bond, a reasonably attorney's fee,to be fixed by the court.
This bond shall ensure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to
give a right of action to such persons or their assigns in any suit brought upon this bond.
SIGNED AND SEALED,this day of
(SEAL) (SEAL)
(Principal) (Surety)
By: .
(Signature) (Signature)
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
g:\grpdata\design\ctspec\proposal\paybond.doc
19
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Project No: 0672-6U2867-06
Bid Due: April 25, 2006
To the Board of Supervisors of Contra Costa County
Martinez, California
PROPOSAL
FOR
2006 SLURRY SEAL PROJECT
Name,of bidder INTERMOUNTAIN SLURRY SEAL, INC.
Business address 585.W oBeacfi^Street, Watsonville, CA 95076
Mailing address P.O. Box 50085. Watsonville, CA 95077
Business Phone 831=724-1011
Fax Number 831-768-4021
Contact
To the Board of Supervisors of Contra Costa County:
The undersigned, as bidder, declares that the only persons or parties involved in this proposal
as principals are those named herein; that this proposal is made without collusion with any other
person, firm or corporation; that he/she has carefully examined the location of the proposed
work, plans and specifications; and he/she proposes and agrees, if this proposal is accepted, that
he/she will contract with the Agency to provide all necessary machinery, tools, apparatus and
other means of construction, and to do all the work and furnish all the materials specified in the
contract, in the manner and time prescribed, and according to the requirements of the Engineer as
therein set forth, and that he/she will take in full payment therefor an amount based on the unit
prices specified hereinbelow for the various items of work, the total of said work as estimated
herein being
�D�' O(o`l • �
(Insert total)
and the following being the unit prices bid,to wit:
1
Item Bid Item Description Unit Quantity .Unit Price(in Amount
No. Figures) in figures)
1 Tow Vehicle EA 30 erg,2
.2 Remove Thermoplastic Striping and Markings SF 1,150 00
3 Place Slurry Seal Site 1 F SY '165,420 5,0
4 Aggre ate-Type 2 Black Rock Site 1 Ton 1,325 b. so.QO
5 Latex Emulsified Asphalt Site 1 Gallon 46,000 o•Sb)o.
6 Place Slurry Seal Site 2 F SY 15,035 rr F.L.61).
7 Aggregate-Type 2 Black Rock Site 2 Ton 120 &&00.'
8 Latex Emulsified Asphalt Site 2 Gallon 4,200 7 1 15-01
9 Place Slurry Seal Site 3 F SY 84,341 D•5'S' 46 3c7�.
10 A reate-T e 2 Black Rock Site 3 Ton 675
11 Latex Emulsified Asphalt Site 3 Gallon 23,500 41
12 Thermoplastic Stripe 12"White LF 3,260
13 Thermo lastic Stripe 12"Yellow LF 240 °=
14 Thermoplastic Stripe Detail 1 LF 2,960
15 Thermoplastic Stria Detail 6 LF 2,020 1. 17 "=
16 Thermoplastic Stria(Detail 21) LF 1,980 :So g =�
17 Thermoplastic Stria Detail 22 LF 600 1.70 pgD,pM
18 Thermoplastic Stria Detail 24 LF 360 a.00
19 Thermoplastic Stria Detail 27B LF 75 p.m o"
20 Thermoplastic Pavement Markin White SF 1,360 3.1c ,530
21 Thermoplastic Pavement Markin Yellow SF 160
TOTAL , —
The work for which this proposal is submitted is for construction in conformance with the
special provisions (including the payment of not less than the State general prevailing wage rates
or Federal minimum wage rates), the project plans, including any addenda thereto, the contract
annexed hereto, and also in conformance with the California Department of Transportation
Standard Plans, dated July, 2004, the Standard Specifications, dates July, 2002, and the Labor
Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes.
will be the total of all items. The bidder shall set forth for each unit basis item of work a unit
price and a total for the item, and for each lump sum item a total for the.item, all.in clearly
legible figures in the respective spaces provided for that purpose. In the case of unit basis items,
the amount set forth under the "Item Total" column shall be the product of the unit price bid and
the estimated quantity for the item.
In case of discrepancy between the unit.price and the total set forth for a unit basis item, the
unit price shall prevail, except as provided in(a) or(b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or
is the same as the amount as the entry in the item total column, then the amount set forth in the
item total column for the item shall prevail and shall_be divided by the estimated quantity for the
item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is
exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the
entered total, the discrepancy will be resolved by using the entered unit price or item total,
whichever most closely approximates percentagewise the unit price or item total in the Agency's
Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted,
the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or
otherwise unclear, or is omitted,the bid may be deemed irregular unless the project being bid has
only a single item and a clear,readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical
significance in establishing any unit price or item total or lump sums. Written unit prices, item
totals and lump sums will be interpreted according to the number of digits and, if applicable,
decimal placement. Cents symbols also have no significance in establishing any unit price or
item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a
dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is
included in a bid and it differs from the item total,the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so
comprehensive as to cover every omission, inconsistency, error or other irregularity which may
occur in a bid. Any situation not specifically provided for will be determined in the discretion of
the Agency, and that discretion will be exercised in the manner deemed by the Agency to best
protect the public interest in the prompt and economical completion of the work.. The decision
of Agency respecting the amount of a bid, or the existence or treatment of an irregularity in a bid,
shall be final.
13
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal of said Contractor,then this
instrument shall control and nothing herein shall be considered as an acceptance of said terms of
said proposal conflicting herewith.
By my signature hereunder, as Contractor, I certify that I am aware of the provisions of
Section 3700 of the Labor Code which require every employer to be insured against liability for '
worker's compensation or to undertake self-insurance in accordance with the provisions of that
code, and I will comply with such provisions before commencing the performance of the work of
this contract.
The improvement contemplated in the performance of this contract is an improvement over
which the State of California shall exercise general supervision. The State of California,
therefore, shall have the right to assume full and direct control over this contract whenever the
State of California, at its sole discretion, shall determine that its responsibility to the United.
States so requires.
If this proposal shall be accepted and the undersigned shall fails.to contract as aforesaid and
to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the
Board of Supervisors and proper evidence of insurance in accordance with the contract
requirements within eight (8) days, not including Saturdays, Sundays, and legal holidays, after
the bidder has received notice from the public agency that the contract is ready for signature, the
Board ofl Supervisors may, in its discretion, award the contract to the next highest bidder and
declare the successful bidder's security forfeited, as provided in Public Contract Code section
5106.
4
PROPOSAL
All good faith effort documentation must be submitted with the bid or
within two (2) working days following the bid opening.
Failure to submit the required good faith effort documentation within
two (2) working days following the bid'opening may render the bid non-
responsive.
The bidder is required to subcontract the following minimum
percentage of its bid:
Mandatory
Subcontracting 23*%
Minimum (MSM)
Requirement
NOTE: Outreach Program information and/or assistance may be
obtained through the County's Affirmative Action Office at (925)
335-1045.
*The MSM percentage figure will vary from project to project depending upon staff's
determination of the amount of work appropriate for subcontracting, the availability of
subcontractors, and other pertinent factors. Engineer to determine this percentage on a project by
project basis.
5
PROPOSAL (CONT.)
The contractor agrees, by submission of this proposal, to conform to the requirements of
Section 4100 through 4113 of the Public Contract Code.
The undersigned, as bidder, declares that he/she has not accepted any. bid from any
subcontractor or-supplier through any bid depository, the by-laws, rules or regulations of which
prohibit or prevent the contractor from considering any subcontractor or supplier which is not
processed through said bid depository, or which prevent any subcontractor or supplier from
bidding to any contractor who does not use the facilities of or accept bids from or through such bid
depository.
The following is a complete list of items to be subcontracted,including the subcontractor's name
and address, as required. If a portion of any item of work is done by a subcontractor, the value
of the work subcontracted will be based on the estimated cost of such portion of the contract
item, determined from information submitted by the contractor, subject to approval by the
engineer. Contra Costa County requires that all subcontractor information shall be submitted at
the time of bid opening, no time extension will be allowed to submit this information per
Assembly Bill 1092.
The Bidder shall list each subcontractor to whom the Bidder proposes to subcontract any
item of work, or portion thereof, in excess of one-half of one percent (.50%) of the total bid
or $10,000, whichever is greater in accordance with the.Subletting and Subcontracting Fair
Practices Act, commencing with Section 4100 of the Public Contract Code.
6
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NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY�
BIDDER AND SUBMITTED WITH BID
David J Brunton ,being first duly sworn,deposes and says
(Name)
that he or she is Assistant Secretary of INTERMOUNTAIN SLURRY SEAL, INC.
(Title,position in Company) (Name of Company)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive
or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid, and has not directly or indirectly colluded,conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner,
directly or indirectly, sought by agreement,communication,or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix overhead,profit, or cost element of the bid price, or that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract;that all. statements contained in the bid are true; and , further, that the bidder has not, directly or
indirectly, submitted his order bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
INTERWUNTAIW/SLVRRY SEAL, INC.
BY:
David 11Brunton, Assistant Secretary
(Signature of Bidder)
State of California ) ACKNOWLEDGEMENT(By Individual,Partnership or
County of Santa Cruz )ss Corporation)
The person(s) signing above for DINTERMOUNTAINtSURRYSSEALi,INSecretary of
, known to me individual and business
capacities as .stated, personally appeared before me today and acknowledged that he/she/they,executed it and
acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation
named above executed it pursuant to its bylaws or a r solution Pf its b and of directors.
Dated: April 25, 2006 Signature: BY:
Catherine Hope Horvath, Notary Public
Name(Typed or Printed) C�CrL`�
(This area for official notarial seal)
CAIHERINE HOPE HORVATH
Corrl�n. 1631201
NoT0ay.PU81JC.CAUF0RNLA
SANTA CRUZCOUNTy
A4Y COMMPSION"RES DEC l g 200y
For bids exceeding$25,000, accompanying this proposal is a Proposal Guaranty in the amount of
Blddi rY`:s Bond
Ten G 0)Percent of Amount Bid
(Cashier's Check, Certified Check or Bidder's Bond acceptable)
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If the bidder or other interested person is a corporation, state legal name of corporation, also names of
president, secretary,treasurer,and manager thereof. If a copartnership, state true name of firm.
If bidder or other interested person is an individual, state first and last name in full.
INTERMOUNTAIN SLURRY SEAL. INC. --Brian Robert Dowd,President
Jigisha Desai, secretary - David J. Brunton, Treasur.erT -u- -�-
Doug Olson, General Manager
Licensed to do or subcontract all classes of work involved in the project, in accordance with an act
providing for the registration of contractors, License No.462443 Class: A
(Expires 01/31/08 ).
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
California, that the foregoing information is true and correct.
Date: April 25, 2006
/David J. .Brunton
By: /Assistant Secretary
(Signature of Bidder)
SEE ATTACHED CERTIFICATE OF SECRETARY
Business address P.O. Box 50085, Watsonville, CA 95077
Place of residence N/A
Date April 25, 20 06
9
INTERMOUNTAIN SLURRY SEAL,INC.
CERTIFICATE OF SECRETARY
I, Jigisha Desai, Secretary of INTERMOUNTAIN SLURRY SEAL, INC., a Wyoming
corporation, do hereby certify that the following is a true and correct copy of resolutions duly
adopted on January 1, 2006 by unanimous written consent and without a meeting as authorized
by 17-16-704(a) of the Wyoming Business Corporation act and the Bylaws of the Company:
AUTHORIZATION TO EXECUTE DOCUMENTS AND AGREEMENTS
RESOLVED, that effective January 1, 2006, the below listed officers of the Company, are
authorized to execute documents and agreements in connection with the operations of this
Company:
Brian Robert Dowd Chairman of the Board, President&CEO
David J. Brunton CFO, Treasurer&Assistant Secretary
Jigisha Desai Secretary
Gary R. Price Asst Secretary
RESOLVED FURTHER,that the authority provided herein is subject to the limits of
corporate authority previously approved.
AUTHORIZATION TO ATTEST DOCUMENTS AND AGREEMENTS
RESOLVED,that effective January 1, 2006, the below listed officers of the Company are
authorized to attest documents and agreements in connection with the operations of this
Company:
Brian Robert Dowd Chairman of the Board, President&CEO
David J. Brunton CFO,Treasurer&Assistant Secretary
Jigisha Desai Secretary
Gary R. Price Asst Secretary
Dated: February S, 2006Lin
�uv
Ji ' h Desai
Shared\CMC Documents\Actions and Certificates\
Certs for ISS 2006.doc
$AE BID BOND
Bond No. N/A
KNOW ALL BY THESE PRESENTS:
That we, INTERMOUNTAIN SLURRY SEAL, INC. , as
Principal, and Federal Insurance Company , a corporation
organized and existing under the laws of the State of IYid-iaria: 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 Ten Percent (10%) of the amount of the bid
Dollars 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.
WHEREAS,the Principal has submitted a bid for
2006 Slurry Seal .Project 0672-6U2867-06
(Project Name) (Project Number)
NOW,THEREFORE, if the Obligee shall accept the bid of the-Principal and the Principal shall enter into a
contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the
faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract
and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof,
between the amount specified in said bid and the amount for which Obligee may legally contract with another
party to perform the work covered by said bid, if the latter amount be in excess of the former, then'this
obligation shall be null and void,otherwise to remain in full force and effect.
SIGNED AND SEALED,this . 19 day of April ,2006 .
(SEAL) (SEAL)
INTERMOUNTAIN SLURRY.SEAL, INC. Federal Insurance Company
(Principal) (Surety)
ohn D. Gilliland
By: BY: V Attorne -in-Fact
(Signatur ) vid J. Brunton, (Si tore
Assistant Secretary
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
G:1GtpData\DesignlCTSPECIPROPOSAL\SAMBIDB.DOC 511101
10
ACKNOWLEDGEMENT
STATE OF CALIFORNIA }
}
COUNTY OF SANTA CRUZ }
On April 19, 2006 before me, Catherine Hope Horvath ,Notary Public
personally appeared John D. Gilliland,Attorney-in-Fact
personally known to me(or proved to me on the basis of satisfactory evidence)to be the
person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
CATHERINE HOpE HORVAfiH
COMM. 1631201
NOTARY PuKr-CA.IFORNIA
SANTA CRUZ coU
aY COMMISSION EXPIRES DEC NW
g.yppq
Chubb. ppWER Federal Insurance Company Attn: Surety Department
Surety OF Vigilant Insurance Company 15 Mountain View Road
CHUBS ATTORNEY Pacific Indemnity Company Warren,NJ 07059
Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and
PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Deborah S.Jackson,R.C.Allbritton,John D.Gilliland,Jigisha
Desai and Mary H.Lonergan of Watsonville,California
each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf
as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of
business on behalf of Granite Construetlon Incorporated and all Subsidiarles,alone or in joint venture.
in connection with bids,proposals or contracts to or with the United States of America,any State or political subdivision thereof or any person,firm or corporation. And
the execution of such bond or obligation by such Attorney-in-Fact in the Company's name and on its behalf as surety thereon or otherwise,under its corporate seal,in
pursuance of the authority hereby conferred shall,upon delivery thereof,be valid and binding upon the Company.
In Witness Whereof,said FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and
attested these presents and affixed their corporate seals on this 2nd.Day of August 2005
'Kenneth C.Wendel,Assistant Secretary n ItArnith,Vice Presid
STATE OF NEW JERSEY
ss.
County of Somerset
On this 2nd. day of August 2005 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to
be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which
executed the foregoing Power of Attorney,and the said Kenneth C.Wendel,being by me duly swom,did depose and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to
the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of
Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with John P.Smith,and knows him to be Vice President of said
Companies;and that the signature of John P.Smith,subscribed to said Power of Attorney is in the genuine handwriting of John P.Smith,and was thereto subscribed
by authority of said By-Laws and in deponent's presence.
Notarial Seal
NOTAR Yom''' Notary PuubPHEN lEStade of Now JwliAr
No.2321097
F'UBL%G ^�mn eeion Expbae Cid.25,2009 otary Public
ylcly JEA6�' CERTIFICATION
Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY:
-ATI powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by
the Chairman or the President or a Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary,under their respective
designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President any Vice
President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to
any certificate relating thereto appointing Assistant Secretaries or Attorneys-In-Fact for purposes only of executing and attesting bonds and undertakings and other
writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon
the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached."
I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the
'Companies")do hereby certify that
(i) the foregoing extract of the By-Laws of the Companies is true and correct,
(ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District
of Columbia and are authorized by the,U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the
U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward
Island;and
(iii)the foregoing Power of Attorney is true,correct and in full force and effect.
Given under my hand and seals of said Companies at Warren,NJ this April 19,2006
w
Kenneth C.Wendel,Assistant Secretary
N THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICrrY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE
01 .7 US AT ADDRESS LISTED ABOVE OR BY Telephone 906 903-3493 Fax 908 903-3656 e-mail:surety@ chubb.corn
Form 15.10.01548-U (Rev.10.02) CORP CONSENT
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
PROPOSAL
AND
CONTRACT
FOR
2006 SLURRY SEAL
PROJECT NO: 0672-6U2867-06
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FOR USE WITH STANDARD SPECIFICATIONS DATED JULY, 2002 AND
-STANDARD PLANS DATED JULY, 2004 OF THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION, AND GENERAL PREVAILING WAGE RATES AND
APPLICABLE LABOR SURCHARGE AND EQUIPMENT RENTAL-RATES, AS ON
FILE WITH THE CLERK OF THE BOARD OF SUPERVISORS.
BID OPENING DATE: April 25,2006'
FOR PRE-BID INFORMATION CONTACT: Carl J. Roner(925)313-2213
FOR PLAN HOLDER'S LIST:
Visit the Design Division at the Public Works website, www.co.contra-
costa.ca.us/depart/pw/(under"Contractor Info."), or call(925)313-2000.
TABLE OF CONTENTS
PROPOSAL .................................................................................................1
SUBCONTRACT INFORMATION .....................................................................7
TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT .......................................8
SIGNATUREOF BIDDER .................................................................................9
SAMPLE BIDDER'S BOND ............................................. .............................10
LETTER OF INTENT TO PERFORM AS A
SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT ...1 I
VERIFICATION OF PERFORMANCE
SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT ...12
WARRANTY AND REPAIR AGREEMENT .......................................................13
SAMPLE CONTRACT.................................................................................14
SAMPLE PERFORMANCE BOND ..................................................................18
SAMPLE PAYMENT BOND .........................................................................19
WARRANTY AND REPAIR AGREEMENT
To Contra Costa County (Agency):
The undersigned agrees to repair and/or replace all improvements installed as part of
2006 SLURRY SEAL PROJECT
(Insert Project Name)
PROJECT NO. 0672-6U2867-06
(Insert Project Number)
Should any of the materials or equipment prove defective or should the work as a whole prove defective,
due to faulty workmanship, material furnished or methods of installation, or should the work of any part
thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due
to any of the above causes, for a period of 12 months after date on which the contract work is accepted by the
Agency. The undersigned also agrees to reimburse the Agency, upon demand, for its expenses incurred in
restoring said work to the condition contemplated in said project, including the cost of any such equipment or
materials replaced and the cost of removing and replacing any other work necessary to make such replacement
or repairs, if such work is performed by the Agency. Alternatively, upon demand by the Agency, the
undersigned further agrees to replace any such material and to repair said work completely without cost to the
Agency so that said work will function successfully as originally contemplated.
The Agency shall have the unqualified option to make any needed replacements or repairs itself or to have
such replacements or repairs done by the undersigned. In the event the Agency elects to have such work
performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are
necessary shall be furnished and installed within a reasonable time after the receipt of demand from the
Agency. If'the undersigned"shall fail.or refuse to comply with his obligations under this agreement, the
Agency shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of
the said failure or refusal. The warranty period on the replaced materials or repaired defects shall commence,
for a separate period of 12 months, beginning on the date the repair work is accepted by the Agency. In no
event will the warranty period extend beyond three (3) years from the date the original contract work is
accepted by the Agency.
All Opticom (or equal) components shall be guaranteed in accordance with the manufacturer's warranty,
which shall start after successful completion of the function test. All equipment for the Submaster shall be
guaranteed for a period of three (3)years from the date the contract work is accepted by the Agency.
(Company Name)
(Authorized Signature)
(Print Name)
Date:.
G:\GrpData\Design\CTSPEC\PROPOSAL\MAINT.doc 7/30/98
13
SAMPLE CONTRACT
(Contra Costa County Standard Form Construction Agreement)
1.SPECIAL TERMS. These special terms are incorporated below by reference.
(See Sees.2,3) Parties: Public Agency-- Contra Costa County
Contractor
Use complete legal name of Contractor.
Effective Date:
(see Section 4 for starting date.)
(See Sec.3) Project Name
Proj.No.
located
The work consists of
all in accordance with the Plans,Drawings,Special Provisions and/or Specifications
prepared by or for the Public Works Director/Chief Engineer(cross out one)and in accordance with the accepted Bid
Proposal .
(See Sec.4) Completion Time: ((DELETE ONE.OF THE FOLLOWING STATEMENTS.))
(a) By
(b) Within working/calendar((circle the appropriate word))days from starting date.
(See Sec.5) Liquidated Damages: $ per calendar day.
(See Sec.6) Public Agency's Agent:
(See Sec.7). Contract Price: S more or less, in accordance with finished quantities at unit.
bid prices. ((DELETE TEXT if not unit price bid.))
(See See.8) Federal Taxpayer's I.D.or Social Sccurity No.
2. SIGNATURES&ACKNOWLEDGEMENT.
Public Agency,By:
Maurice M.Shiu,
Public Works Director
Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'
Compensation Law,
By: .
(Designate official capacity in the business)
By: -
(Designate official capacity in 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 ofthe 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.Califomia )
ss.
County of )
On before me, (here insert name and title of the officer),personally appeared personally known to me(or
proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their 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.
WITNESS my hand and official seal.
Dated.
(Notary's Seal)
(Notary Public)
14
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 l.,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 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 arc 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.
&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.
15
l L 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 pens:ties and forfeitures provide in the Labor Code,especially in Sections 1775 and'1813 concerning prevailing wages and
hours,as well as Section 1776 concerning certified payroll records;shall apply to this agreement.
13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 are incorporated herein.
14. WAGE RATES. (a) Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Relations has ascertained the general
prevailing rates of wages per diem,and for holiday and overtime work,in the locality in which this work is to be performed,for each craft,classification,or type of
workman needed 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 or other non-manual workers as such)for
which no minimum wage rate is specificd,the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of
the person affected and during the continuance of such employment.
15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by
the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815.
16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6,
forbidding discrimination.
17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the industries and economy of Contra Costa
county,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this County in every case where the price,'fitness and
quality are equal.
18. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor;but he cannot assign it in whole or in part,
nor any monies due or to'become due under it,without the prior written consent of the Public Agency and the Contractor's surety or sureties,unless they have
waived notice of assignment.
19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials,or approval of work and/or materials inspected,or statement by
any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of payments therefor, or any
combination of these acts,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 AND INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this
section.
(b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards,commissions,officers,agents
and employees.
(c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered;incurred or threatened because of actions defined
below,including but not limited to personal injury,death,property damage,trespass,nuisance,inverse condemnation,patent infringement,or any combination of
these,regardless.of whether or not such liability,claim or damage was unforeseeable at 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 plan(s),drawing(s),specification(s)or special provision(s)in connection with this work,has insurance or other indemnification covering any of
these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee.
16
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).
((Use Sections 25&26 only on CALTRANS-supervised projects.))
25. CONTROL BY STATE. The improvement contemplated in the performance of this contract is an improvement over which the State of California
shall exercise general supervision. The State of California,therefore,shall have the right to assume full and direct control over this contract whenever the State of
California,in its sole discretion,shall determine that its responsibility to the United States would so require such action.
26. RENTAL AND WAGE RATES. The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract.
\tt
FORM APPROVED by County Counsel-
(CC-1;Rev.3-95)
G:\GrpData\Design\CTSPEC\PROPOSAL\Samcontr.doc 511/01
17
SAMPLE PERFORMANCE BOND --PUBLIC WORK
Bond No.
Premium
Any claim under this Bond should
be sent to the following address:
KNOW ALL BY THESE PRESENTS:
That we, ,as Principal, and
a corporation organized and existing under the laws of the State of_
and authorized to transact surety business,in the State of California, as
Surety,are held and firmly bound unto ,as Obligee,in the sum of .
Dollars($ ) 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
, with the Obligee to do and perform the following.work, to-wit:
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
obligationshall 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 day of
(SEAL) (SEAL)
(Principal) (Surety)
By:
(Signature) (Signature)
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
g:\grpdata\design\ctspec\proposal\perfbrid.doc
18
SAMPLE PAYMENT BOND --PUBLIC WORK
[Civ. Code Secs. 3247- 3248]
Bond No.
Premium
Any claim under this Bond should
be sent to the following address:
KNOW ALL BY THESE PRESENTS:
That we, ,as Principal, and
a corporation organized and
existing under the laws of the State of and authorized to transact surety
business in the State of California,as Surety, are held and firmly bound unto
as Obligee,in the sum of Dollars($ )
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
with the Obligee to do and perform the following work, to-wit: as is
more specifically set forth in the contract documents,reference to which is hereby made.
NOW THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section
3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or
labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to
the Employment Development Department from the wages of employees of the Principal and subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the
Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case
suit is brought upon this bond, a reasonably attorney's fee,to be fixed by the court.
This bond shall ensure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to
give a right of action to such persons or their assigns in any suit brought upon this bond.
SIGNED AND SEALED,this day of
(SEAL) (SEAL)
(Principal) (Surety)
By:
(Signature) (Signature)
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
g:\grpdata\design\ctspec\proposal\paybond.doc
19
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Project No. 0672-6U2867-06
Bid Due: April 25,2006
To the Board of Supervisors of Contra Costa County
Martinez, California
PROPOSAL
FOR
2006*SLURRY SEAL PROJECT
Name of bidder A"CPAJ ASfr-IfILT R��Ai� b pQ�yyt�F�UXU Cdr /G
Business address a76o S7�ia c AgiyD ' IGT b, l'A y`/S
Mailing address f'.o ,Bo>c Lq?ls 7 AkWg,o,, CA !�yWo- .X67
Business Phone fib- 7,93—D,2gO
Fax Number (370- 7,70_�a
Contact
To the Board.of Supervisors of Contra Costa County:
The undersigned, as bidder, declares that the only persons or parties involved in this proposal
as principals are those named herein; that this proposal is made without collusion with any other
person, firm or corporation; that he/she has carefully examined the location of the proposed
work, plans and specifications; and he/she proposes and agrees, if this proposal is accepted, that
he/she will contract with the Agency to provide all necessary machinery, tools, apparatus and
other means of construction, and to do all the work and furnish all the materials specified in the
contract, in the manner and time prescribed, and according to the requirements of the Engineer as
therein set forth, and that he/she will take in full payment therefor an amount based on the unit
prices specified hereinbelow for the various items of work, the total of said work as estimated
herein being
3 � /l0� 1a
(Insert total)
and the following being the unit prices bid, to wit:
1
F
Item Bid Item Description Unit Quantity Unit Price(in Amount
No. Figures) in fures
1 Tow Vehicle EA 30 oa 230.00
2 Remove Thermoplastic Striping and Markings SF 1,150
3 Place Slurry Seal Site 1 F SY 165,420
4 Aggregate-Type 2 Black Rock Site 1 Ton 1,325 C30 1 d
5 Latex Emulsified Asphalt Site 1 Gallon 46,000 yvS," SZ OOQ_o0
6 Place Slurry Seal Site 2 F SY 15,035 O
7 A re ate-T e'2 Black Rock Site 2 Ton 120 milq i6l00
8 Latex Emulsified Asphalt Site 2 Gallon 4,200 g- 05-
9
5 9 Place Slurry Seal Site 3 F SY 84,341 0 os5 to 7,S
10 Aggregate-Type 2 Black Rock Site 3 Ton 675 s DC) ?iso
11 Latex Emulsified Asphalt Site 3 Gallon 23,500 0 S
12 Thermoplastic Stripe 12"White LF 3,260 .Z0 Z•d
13 Thermoplastic Stripe 12"Yellow IF 240 .`Z0 ,
14 Thermoplastic Stria Detail 1 LF 2,960 1 ,7-5- 20
15 Thermoplastic Stripe Detail 6 LF 2,020 I -Z5, Itz
16 Thermoplastic Stria Detail 21 LF 1,980 56 ZQ 70,00
17 Thermoplastic Stria Detail 22 LF 600 6 O An .
18 Thermoplastic Stria Detail 24 LF 360 .0 O LO
09
19 Thermoplastic Stria Detail 276 LF 75 .00 ® ;Q
20 Thermoplastic Pavement Markin White SF 1,360 `)0 6750 t
21 Thermoplastic Pavement Markin Yellow SF 160 Q0
i
TOTAL ! (a 110
i
i
SAMPLE BID BOND
Bond No. N/A
KNOW ALL BY THESE PRESENTS:
i
That we, American Asphalt Repair; & Resurfacing Co. Inca as
Principal,and International Fidelity Insurance Company ,a corporation
organized and existing under the laws of the'state of New Jersey and authorized to transact surety
business in the State of California,as Surety, are held and firmly bound unto Contra Costa County CA , as
Obligee, in the sum of _ Ten ; Percent (10%) of the amount of the bid
Dollars 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.
WHEREAS,the Principal has submitted aibid for
i
2006 Slurry Seal 0672-6U2867-06
(project Name) (Project Number)
NOW,'ITMREFORE, if the Obligee shall accept the bid of the Principal and the principal shall enter into a
contract with the Obligee in accordance with',such bid and give bond with good and sufficient surety for the
faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract
and give such bond, if the Principal shall pay;to the Obligee the difference, not to exceed the penalty hereof,
+ between the amount specified in said bid and the amount for which Obligee may legally contract with another
party to perform the work covered by said bid, if the latter amount be in excess of the former, then this
obligation shall be null and void, otherwise to 'remain in full force and effect.
SIGNED AND SEALED,this 4th day of April ,20 06
(SEAL) (SEAL)
American Asphalt; Repair & Resurfacing Co. Inc. International Fidelity Insurance
(Principal) (Surety) Company. .
3
ign ) (Si�,t� ames B. Shea, Attorney In Fact
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
G:\GrpDuLn\Dcsibn\CTSPEC\PROPOSAL\SAMDIDD.DOC 5/1%01
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CALIFORNIA, ALL-PURPOSE ACKNOWLEDGMENT
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State.of California +
ss.
County of : San Francisco
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:an 4/4/06 before me, Katherine Tibeii,Nota, _Public )
:pas - - ..._. Name.arrd Titlo-d. cer';e.p:,"Jane.Qoe,-hbtary PutNsc'i .} .
personally appeared Jatnes B. Shea
!; Noma{s)of Srgner(s}. �}
'personally known to me
proved to on the basis of satisfactory
r; ;; KATHERINE TIBERI evidence
COMM. #1560824: -o
. NOTARY PUBLIC
nao
to be the person(s)whose name(s)is/are subscribed SAN FRANCISCO.COUNTY
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N. My Comm.Expires Mar.18,2009 to the within instrument and acknowledged to me i
that he/she/they executed the same in his/her/their t
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.
' WITNESS my hand and official seat
Wt�co Notary.S at�b5we : Su,,r4ltum of Notary PUNIC
et~ -
OPTIONAL
Though the information below is not rttquirad by lew, rmayprave valuable to persons relying on the document
and could prevent fraudulent and reattachment of this form.to anotherdocurrtent.
Description of Attached Document
Title orType of,Document:
Document gate; Number,oi.Pages;,_ _ T
Signer(s)Other Than Named Above _
Capacity(ies)Claimed by Signer'
Signer's Nam+?. _
{..l lndividual.
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Top of thumb here
l:, Corporate'Off)cer— .Ttle(s)
L.J,Partner—LiLimited'.{..;General
41 Attorney ih, act _.
L:7 Trustee ,
`a Guardian or Conservator
1 Other
Signer is Representing:
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Tei;973)624 721)0. POWER OF ATTORNEY
INTERNATIONAL FIDELITY.INSURANCE COMPANY
HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR
NEWARK,NEW JERSEY 07102-5207
FOR BID BOND/RIDEWCONSENTS/AFFIDAVITS
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint
VENETIA G. JOHNSON, KATHERINE TIBERI, R.A. BASS,JAMES B. SHEA, THERESE A. MCNULTY
San Francisco, CA.
its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and
other writings obligatory in the nature thereof,which are or may be allowed,required orra itted by law,stature,rule regulation,contract or otherwise, and
the execution of such insuument(s) in pursuance of these presents, shall be as bindr�ng upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY,as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed,and may be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority
(1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and
undertakings,contracts of indemnity and other writings obligatory in the nature thereof and,
(2)To remove,at any time,any such attorney-in-fact and revoke the authority given.
Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
�EUTY/NJ. IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
�\ qa G signed and its corporate seal to be affixed by its authorized officer,this 29th day of August,A.D.2003.
OR
SEAL
" 1 INTERNATIONAL FIDELITY INSURANCE COMUtNY
rri
STATE OF NEW JERSEY
1904 5� �p� County of Essex
Secreta
On this 29th day of August 2003,before me came the individual who executed the preceding instrument,to me personally known, and, being by me duly
sworn,said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
ezt' )TA
IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,
at the City of Newark,New Jersey the day and year first above written.
A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov.21,2010
I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF,I have hereunto set my hand this 4th day of April 2006
_4�l�
Assistant Secretary
ACKNOWLEDGMENT
State of California
County ofP,d�
On before me, IUA /�• / �1 / e �.sdu6/��" ,
(here insert name a d title of the officer)
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s}whose name(s}Vs,afe subscribed to the within instrument and
acknowledged to me tha -q/sway executed the same in �is authorized
capacity(ies), and that b hl heir signature(s4 on the instrument the personal,
or the entity upon behalf of which the person(s'acted, executed the instrument.
WITNESS my hand and official seal.
PATRICIA M.MILLS
Commission#1411356
��_ /�� �
@,My
Notary Public-CaliforniaSignature i2lGla�/U• Alameda County
Comm.Expires Apr 15,2007
(Seal)
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NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
being first duly sworn,deposes and says
(Name)
that or she is V/Cf- of XM.er/leAec ✓✓f? � .
(Title,position in Company) (Name of Company)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed
person,partnership, company, association, organization, or corporation; that the bid is genuine and not collusive
or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid, and has not directly or indirectly colluded; conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner,
directly or indirectly, sought by agreement,communication,or conference with anyone:to fix the bid price of the
bidder or any other bidder, or to fix overhead,profit, or cost element of the bid price, or that of any other bidder,
or secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and , further, that the bidder has not, directly or
indirectly, submitted his order bid price or any breakdown thereof, or the contents thereof, or divulged.
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid."
(Signature of Bidder)
State of Califoynia ) ACKNOWLEDGEMENT(By Individual,Partnership or
County of (d ss Corporation)
The persons) signing above for .4 known to , individual and business
capacities as stated, personally appeared before me today and acknowledged tha he s1ey executed it and
acknowledged to me that the partnership named above executed it or acknowledge to me that the corporation j
named above executed it pursuant to its bylaws or a reso _ ' n,ofits board ofdireoto�
Dated:. Signature: /ll t -
Name(Typed or Printed)
(This area for official notarial seal)
PATRICIA M.MILLS
_ CommisaIon#1411356
-a Notary Pubiic-Cptitomla
Alamedp County
My Comm.Expires Apr 15,2001
8 .
For bids exceeding$25,000, accompanying this proposal is a Proposal Guaranty in the amount of
Ten 00)Percent of Amount Bid
(Cashier's Check, Certified Check or Bidder's Bond acceptable)
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If the bidder or other interested person is a corporation, state legal name of corporation, also names of
president, secretary,treasurer, and manager thereof. If a copartnership, state true name of firm.
If bidder or other interested person is an individual, state first and last name in full.
AM"ICAO nWft:f &,MA9-;t k&jaMUkf,co., PAI(-
KIM
N(KIM N"SCWkL- VIU 42E6rn,�-ur
5Mdk. k6-UtAK6 — Grp f;"6
Licensed to do or subcontract all classes of work involved in the project, in accordance with an act
providing for the registration of contractors, License No. L Class: � -
(Expires 5-31-07 ).
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
California, that the foregoing information is true and correct.
Date: 2 8'6
ignature of Bidder)
Business address ,-760/
Place of residence
Date 20
9
SAMPLE BID BOND
Bond No.
KNOW ALL BY THESE PRESENTS:
That we, , as
Principal,.and , a corporation
organized and existing under the laws of the State of and authorized to transact surety
business in the State of California, as Surety, are held and firmly,bound unto , as
Obligee, in the sum of Ten Percent (10%) of the amount of the bid
Dollars 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.
WHEREAS,the Principal has submitted a bid for
(Project Name) (Project Number)
i
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the
faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract
and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof,
between the amount specified in said bid and the amount for which Obligee may legally contract with another
party to perform the work covered by said bid, if the latter amount be in excess of the former, then this
obligation shall be null and void, otherwise to remain in full force and effect.
SIGNED AND SEALED,this day of ,20
(SEAL) (SEAL)
(Principal) (Surety)
By:
(Signature) (Signature)
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
GAGrpData\Design\CTS PEC\PROPOSAL\SAMBIDB.DOC 5/1/01
10
PENINSULA NORTH BAY SOUTH BAY EAST BAY
650-366-0144 707-571-2004 408-292-1775 510-537-2172
Redwood City Santa Rosa San/ase
American Asphalt
Repair & Resurfacing Co., Inc.
COMPANY PROFILE
Physical Address: 27601 Industrial Blvd, Hayward, CA 94545-4044
Mailing Address: P.O. Box 3367 Hayward, CA 94540-3367
Phone Number: (510)723-0280
Fax Number: (510) 723-0288
Type of Business: ,Contractor Asphalt Repair&Maintenance
Contractors License Number: 439591 Expiration Date: 05-31-2007
Classification: C32 A
Federal Tax ID#: 94-2914200
Operating as a corporation in the State of California.
Date Incorporated: 03/83 Corporation No. C1137276
Corporate Officers:
Allan A. Henderson, President 900 Quitewater Ridge, Santa Rosa, CA
Kim Henschel, Vice President P.O. Box 1274 Montara, CA
Stephen J. Aguirre Secretary/Chief Operating Officer 86 Brevenville Dr. San Ramon, CA
Bonding Company: International Fidelity Ins. Co.
1575 Treat Blvd, Ste. 208,Walnut Creek, CA 94596
www.AmericanAsphalt.com
Dl INDUSTRIAL BLVD.• P.O. BOX 3367• HAYWARD,CA 94540-3367 a(800)541-5559 o FAX(510) 723-0288 CA Lic.439591
t h
State Of California
�j� , CONTRACTORS STATE LICENSE BOARD
'x'110"° "' ACTIVE LICENSE
Consumer i
Affairs
License camber 439591 emit, CORP
'•N
Busine�AFame AMERICAN ASPHALT REPAIR AND
RESURFACING COMPANYJINC
C32 A
�ra>rone
05/31/2007 ••
PENINSULA NORTH BAY SOUTH BAY EAST BAY
650-366-0144 707-571-2004 408-292-1775 510-537-2172
Redwood City Santa Rosa San Jose
American Asphalt
Repair & Resurfacing Co., Inc.
CREDIT REFERENCE Fax: (925) 803-2944
BANK INFORMATION
Granite Rock
P.O:Box 5001
Watsonville, CA 95077-5001 Bank Area Bank
900 Jefferson Ave
Phone: (831) 724-6511 Redwood City, CA 94061
Fax: (831) 768-2204 Contact: Marie Immenkemple
Acct#0-31163-01
Raisch Products Phone: (650) 216-2409
P.O. Box 643 Fax: (650) 365=3146
San Jose, CA 95106
Phone: (408) 277-9222
Fax: (408)288-7771
Reed&Graham
P.O. Box 5940
San Jose,CA 95150
Phone: (408)287-1400
Fax: (408)288-7771
Tri-American
980 Ames Ave
Milpitas, CA 95035
Phone: (408) 946-5788
Fax: (408) 946-6077
DQA
P.O. Box 2909
Dublin, CA 94568
Phone: (925) 803-4258
www.AmericanAsphalt.com
1 INDUSTRIAL BLVD.a P.O.BOX 3367 e HAYWARD,CA 94540-3367• (800)541-5559 a FAX(510) 723-0288• CA Lic.439591
77, C,
T..
American Asphalt
Reference list for Asphalt Pavement Rehabilitation Projects
Captial&Counties K-Mart Corporation San Francisco Unified School District
3 Serramonte Center 3600 Golden Triangle#400 135 Van Ness Ave
Daly City,CA 94015 Keller,Texas 76248 San Francisco,CA 94102
Contact: Mr. Steve Husak Contact: Mike Theisen Contact:Gary Louie
Phone: 650-992-8687 Phone: 817431-5364 Phone: 415-730-7699
Project: Project: Project:
2003 Pavement Rehabilitation Sidewalk at K-Mart San Mateo Paving projects at various school sites
Serramonte Center 1700 S.Delaware through out the district
Daly City,CA San Mateo,CA San Francisco,CA
Contract Amt: $275,846 Contract Amt: $11,401 Projects currently on going.
Completion Date: 12/31/03 Completion Date:09/30/04
Golden Gate Recycling/Disposal Golden Gate Recycling/Disposal City of Livermore DPW
501 Tunnel Ave 501 Tunnel Ave 10852 Engineering Division
San Francisco,CA 94134 San Francisco,CA 94134 Livermore,CA 94550
Contact:-Leno Bellomo Contact:Leno Bellomo Contact: Mike Manning
Phone: 415-330-2972 Phone:415-330-2972 Phone: 925-373-5700
Project: Project: Project: 2004 Slurry Seal Project
Pier 96 Bayshore Building Floor Asphalt&Slurry of various streets
Concrete Slab Tunnel&Beatty Rd Contract Amt: $313,593.00
San Francisco,CA San Francisco,CA Completion Date: 10/31/04
Contract Amt: $24,888 Contract Amt: $86,620 2005 project on going.
Completion Date:02/27/04 Completion Date:07/31/04
Community Care Property Mgmt The Villages Zolman Construction
P.O.Box 1270 500 Cribari Lane 565 Bragato Rd
Pleasanton,CA 94566 San Jose,CA 95135 San Carlos,CA 94070
Contact: Paul Barker Contact: Steve Black Bonnie
Phone: 925-455-6362 Phone:408-233-4676 Phone: 650-802-9901
Project: Project: Project:
Roundhill CC The Villages On going various paving project for
Chanticleer Lane San Jose,CA various school districts.
Danville,CA Contract Amt: $212,857
Contract: $117,671 Completion Date: 10/31/04
Completion Date: 10/31/04
Public Works References
American Asphalt Repair & Resurfacing Co., Inc
City of South San Francisco City of Livermore Alameda County
Department of Public Works Engineering Division Department of Pulic Works
315 Maple Street 1052 S. Livermore Ave 951-A Turner Ct. Room 100
South San Francisco,Ca 94080 Livermore,Ca 94550 Hayward,CA 94545
Contact: Raul Ducanay Contact: Mike Manning Contact:Syed Zaidi
Phone:650-882-6662 Phone: 925-373-5700 Phone: 510-670-5509
Contract Amt: $95,000.00 Contract Amt:$287,900 Contract Amt:$239,463
Slurry Seal#ST-033 Asphalt&Slurry Seal Various Streets Asphalt&Slurry Various Streets#1964
City of San Mateo City of Mountain View City of Hayward
Department of Public Works Department of Public Works Department of Public Works
330 W.20th Ave 500 Castro Street 777 B Street
San Mateo,Ca 94403 Mountain View,Ca 94039 Hayward,Ca 94541
Contact: Engineering Contact:Chris Halverson Contact: Dave Hung
Phone: 650-522-7319 Phone: 650-903-6522 Phone: 510-583-4009
Contract Amt:$179,812 Contract Amt:$62,050 Contract Amt:$57,543.00
Cape Seal Project 2004 Annual Street Seal Project 02-03 Slurry Seal Various Streets#5166
City of Vacaville City of Santa Clara City of Daly City
Department of Public Works Department of Public Works Department of Public Works
650 Merchant Street 1500 Warburton Ave 333 90th Street
Vacaville,Ca 94568 Santa Clara,Ca 95050 Daly City, Ca 94015
Contact: James Loomis Contact: Roger Lee Contact: Jim Madden
Phone: 707-449-5170 Phone: 408-615-3080 Phone: 650-991-8064
Contract Amt: $592,746.00 Contract Amt:$378,295 Contract Amt:$198,000
Slurry Seal P.O.#82207-930 Street Seal Program#03-04 Asphalt&Slurry Seal
WARRANTY AND REPAIR AGREEMENT
To Contra Costa County (Agency):
The undersigned agrees to repair and/or replace all improvements installed as part of
2006 SLURRY SEAL PROJECT
(Insert Project Name)
PROJECT NO. 0672-6U2867-06
(Insert Project Number)
Should any of the materials or equipment prove defective or should the work as a whole prove defective,
due to faulty workmanship,'material furnished or methods of installation, or should the work of any part
thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due
to any of the above causes, for a period of 12 months after date on which the contract work is accepted by the
Agency. The undersigned also agrees to reimburse the Agency, upon demand, for its expenses incurred in
restoring said work to the condition contemplated in said project, including the cost of any such equipment or
materials replaced and the cost of removing and replacing any other work necessary to make such replacement
or repairs, if such work is performed by the Agency. Alternatively, upon demand by the Agency,.the
undersigned further agrees to replace any such material and to repair said work completely without cost to the
Agency so that said work will function successfully as originally contemplated.
The Agency shall have the unqualified option to make any needed replacements or repairs itself or to have
such replacements or repairs done by the undersigned. In the event the Agency elects to have such work
performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are
necessary shall be furnished and installed within a reasonable time after the receipt of demand from the
Agency. If the undersigned shall fail or refuse to comply with his obligations under this agreement, the
Agency shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of
the said failure or refusal. The warranty period on the replaced materials or repaired defects shall commence,
for a separate period of 12 months, beginning on the date the repair work is accepted by the Agency. In no
event will the warranty period extend beyond.three (3) years from the date the -original contract work is
accepted by the Agency.
All Opticom (or equal) components shall be guaranteed in accordance with the manufacturer's warranty,
which shall start after successful completion of the function test. All equipment for the Submaster shall be
guaranteed for a period of three(3)years from the date the contra wo accepted by the Agency.
Comp Name)
uthorized Signatur
=�SJ (Print Name)
Date: -tea
G:\GrpData0esign\CTSPEC\PROPOSAL\MAINT.doc 7/30/98
13
SAMPLE CONTRACT
(Contra Costa County Standard Form,Consttuction Agreement)
1.SPECIAL TERMS. These special terms are incorporated below by reference.
(See Secs.2,3) Parties: Public Agency-- Contra Costa County
Contractor
Use complete legal name of Contractor.
Effective Date:
(see Section 4 for starting date.)
(See Sec.3) Project Name
Proj.No.
located
The work consists of
all in accordance with the Plans,Drawings,Special Provisions and/or Specifications
prepared by or for the Public Warks Director/Chief Engineer (cross out one)and in accordance with the accepted Bid
Proposal
(See Sec.4) Completion Time: ((DELETE ONE OF THE FOLLOWING STATEMENTS.))
(a) By
(b) Within working/calendar((circle the appropriate word))days from starting date.
(See Sec.5) Liquidated Damages: S per calendar day.
(See Sec.6) Public Agency's Agent:
(See Sec.7) Contract Price: S more or less, in accordance with finished quantities at unit
bid prices. ((DELETE TEXT if not unit price bid.))
(See Sec.8) Federal Taxpayer's I.D.or Social Security No.
2. SIGNATURES&ACKNOWLEDGEMENT.
Public Agency,By:
Maurice M.Shin,
Public Works Director
Contractor, hereby,also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'
Compensation Law,
By:
(Designate official capacity in the business)
By:
(Designate official capacity in 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.
(Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.._
County of )
On before me, (here insert name and title of the officer),personally appeared personally known to me(or
proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their 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.
WITNESS my hand and official seal.
Dated:
(Notary's Seal)
(Notary Public)
14
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CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
PROPOSAL
AND
CONTRACT
FOR
2006 SLURRY SEAL
PROJECT NO: 0672-6U2867-06
°'a�oa�1111111 �p'tiF-
01
♦ I `)
COU13
FOR USE WITH STANDARD SPECIFICATIONS DATED JULY, 2002 AND
STANDARD PLANS DATED JULY, 2004 OF THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION, AND GENERAL PREVAILING WAGE RATES AND
APPLICABLE LABOR SURCHARGE AND EQUIPMENT RENTAL RATES, AS ON
FILE WITH THE CLERK OF THE BOARD OF SUPERVISORS.
BID OPENING DATE: April 25,2006
FOR PRE-BID INFORMATION CONTACT: Carl J. Roner(925)313-2213
i
FOR PLAN HOLDER'S LIST:
Visit the Design Division at the Public Works website, www.co.contra-
costa.ca.us/depart/pw/(under"Contractor Info."), or call(925)313-2000.
TABLE OF CONTENTS
PROPOSAL .................................................................................................1
SUBCONTRACT INFORMATION ....................................................................7
TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT .......................................8
SIGNATURE OF BIDDER .................................................................................9
SAMPLE BIDDER'S BOND ............................................................................10
LETTER OF INTENT TO PERFORM AS A
SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT ...11
VERIFICATION OF PERFORMANCE
SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT ...12
WARRANTY AND REPAIR AGREEMENT .......................................................13
SAMPLE CONTRACT .................................................................................14
SAMPLE PERFORMANCE BOND ..................................................................18
SAMPLE PAYMENT BOND..........................................................................19
Project No. 0672-6U2867-06
Bid Due: April 25,2006
To the Board of Supervisors of Contra Costa County
Martinez, California
PROPOSAL
FOR
2006 SLURRY SEAL PROJECT
Name of bidder
Business address � lavdi �s WAC ' gsuq I
Mailing address pow-)k 912A330 11� t- a (ccdnmtp, OA
Business Phone CW-D ?j13
Fax Number q IU
Contact Alan oncc
To the Board of Supervisors of Contra Costa County:
The undersigned, as bidder, declares that the only persons or parties involved in this proposal
as principals are those named herein; that this proposal is made without collusion with any other
person, firm or corporation; that he/she has carefully examined the location of the proposed
work, plans and specifications; and he/she proposes and agrees, if this proposal is accepted, that
he/she will contract with the Agency to provide all necessary machinery, tools, apparatus and
other means of construction, and to do all the work and furnish all the materials specified in the
contract, in the manner and time prescribed, and according to the requirements of the Engineer as
therein set forth, and that he/she will take in full payment therefor an amount based on the unit
prices specified hereinbelow for the various items of work, the total of said work as estimated
herein being
Q�
(Insert total)
and the following being the unit prices bid, to wit:
1
Item Bid Item Description Unit - Quantity Unit Price(in Amount
No. Figures) in fi ures
1 Tow Vehicle EA 30 6 0.00 N
2 Remove Thermoplastic Striping and Markings SF 1,150 .
14.�S ` -7 2 a
3 Place Slurry Seal Site 1 F SY 165,420 S o
4 Aggre ate-T e 2 Black Rock Site 1 Ton 1,325 cA, S O to s_
5 Latex Emulsified Asphalt Site 1 Gallon 46,000 ,S o 000
=-
6 Place Slurry Seal Site 2 F SY 15,035 j '7 9 -S
7 Aggregate-Type 2 Black Rock Site 2 Ton 120 co.So
8 Latex Emulsified Asphalt Site 2 Gallon 4,200 C7 cO
9 Place Slurry Seal Site 3) (F) SY 84,341 p'r
10 Aggregate-Type 2 Black Rock Site 3 Ton 675
11 Latex Emulsified Asphalt Site 3 Gallon 23,500 . 0 o
12 Thermoplastic Stripe 12"White): LF +3,260 _3 0 atsl. 13 - Thermoplastic Stria 12"Yellow)' I a LF 2401113(- 0( Yo
14Thermo lastic Stripe Detail 1 ,LF 2;960 ,Is3
15 Thermoplastic Stria(Detail 6) LF '2,020'-
-16:
2,020'-16: Thermoplastic Stripe Detail 21 LF 1,980' $ ��
17 Thermoplastic Stripe Detail 22 LF 600
18 Thermoplastic Stripe Detail 24 LF +360 O `�
19 Thermoplastic Stripe Detail 2713LF 75 —7
20 Thermoplastic Pavement Markin White SF '1;360 0
21 Thermoplastic Pavement Markin Yellow SFt, 160 �- p
TOTAL,.
The work for which this proposal is submitted is for construction in conformance with the
special provisions (including the payment of not less than the State general prevailing wage rates
or Federal minimum wage rates), the project plans, including any addenda thereto, the contract
annexed hereto, and also in conformance with the California Department of Transportation
Standard Plans, dated July, 2004, the Standard Specifications, dates July, 2002, and the Labor
Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes
will be the total of all items. The bidder shall set forth for each unit basis item of work a unit
price and a total for the item, and for each lump sum item a total for the item, all in clearly
legible figures in the respective spaces provided for that purpose. In the case of unit basis items,
the amount set forth under the "Item Total" column shall be the product of the unit price bid and
the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the
unit price shall prevail, except as provided in(a) or(b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or
is the same_as the amount as the entry in the item total column, then the amount set forth in the
item total column for the item shall prevail and shall be divided by the estimated quantity for the
item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is
exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the
entered total, the discrepancy will be resolved by using the entered unit price or item total,
whichever most closely approximates percentagewise the unit price or item total in the Agency's
Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted,
the bid may be deemed irregular. Likewise if the item total for a-lump sum item is unreadable or
otherwise unclear, or is omitted,the bid may be deemed irregular unless the project being bid has
only a single item and a clear, readable total bid is provided.
Symbols such as commas and dollar signs will be ignored and have no mathematical
significance in establishing any unit price or item total or lump sums. Written unit prices, item
totals and lump sums will be interpreted according to the number of digits and, if applicable,
decimal placement. Cents symbols also have no significance in establishing any unit price or
item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a
dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is
included in a bid and it differs from the item total,the items total shall prevail.
The foregoing provisions for the resolution of specific irregularities cannot be so
comprehensive as to cover every omission, inconsistency, error or other irregularity which may
occur in a bid. Any situation not specifically provided for will be determined in.the discretion of
the Agency, and that discretion will be exercised in the manner deemed by the Agency to best
protect the public interest in the prompt and economical completion of the work.. The decision
of Agency respecting the amount of a bid, or the existence or treatment of an irregularity in a bid,
shall be final.
3
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal of said Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of said terms of
said proposal conflicting herewith.
By my signature hereunder, as Contractor, I certify that I am aware of the provisions of.
Section 3700 of the Labor Code which require every employer to be insured against liability for
worker's compensation or to undertake self-insurance in accordance with the provisions of that
code, and I will comply with such provisions before commencing the performance'of the work of
this contract.
The improvement contemplated in the performance of this contract is'an improvement over
which the State of California shall exercise general supervision. The State of California,
therefore, shall have the right to assume full and direct control over this contract whenever.the
State of California, at its sole discretion, shall determine that its responsibility to the United
States so requires.
If this proposal shall be accepted and the undersigned shall fails to contract as aforesaid and
to give"the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the
Board of Supervisors and proper evidence of insurance in accordance with the contract
requirements within eight (8) days, not including Saturdays, Sundays, and'legal holidays, after
the bidder has received notice from the public agency that the contract is ready for signature, the
Board of Supervisors may, "in its discretion, award the.contract to the next'highest bidder and
declare the successful bidder's security forfeited, as provided in Public Contract Code section
5106.
4
PROPOSAL
All good faith effort documentation must be submitted with the bid or
within two (2) working days following the bid opening.
Failure to submit the required good faith effort documentation within
two (2) working days following the bid opening may render the bid non-
responsive.
The bidder is required to subcontract the following minimum
percentage of its bid:
Mandatory
Subcontracting 23*%
Minimum (MSM)
Requirement
NOTE: Outreach Program information and/or assistance may be
obtained through the County's Affirmative Action Office at (925)
335-1045.
*The MSM percentage figure will vary from project to project depending upon staff's
determination of the amount of work appropriate for subcontracting, the availability of
subcontractors, and other pertinent factors. Engineer to determine this percentage on a project by
project basis.
5
PROPOSAL (CONT.)
The contractor agrees, by submission of this proposal, to conform to the requirements of
Section 4100 through 4113 of the Public Contract Code.
The undersigned, as bidder, declares that he/she has not accepted any bid from any
subcontractor or supplier through any bid depository, the by-laws, rules or regulations of which
prohibit or prevent the contractor from considering any subcontractor or supplier which is not
processed through said bid depository, or which prevent any subcontractor or supplier from
bidding to any contractor who does not use the facilities of or accept bids from or through such bid
depository.
The following is a complete list of items to be subcontracted,including the subcontractor's name
and address, as required. If a portion of any item of work is done by a subcontractor, the value
of the work subcontracted will be based on the estimated cost of such portion of the contract
item,,determined from information submitted by, the contractor, subject to approval by the
engineer. Contra Costa County requires that all subcontractor information shall be submitted at
the time of bid opening, no time extension will be allowed to submit this information per
Assembly Bill 1092.
The Bidder shall list each subcontractor to whom the Bidder proposes to subcontract any
item of work, or portion thereof, in excess of one-half of one percent (.50%).of the total bid
or $10,000, whichever is greater in accordance with the Subletting and Subcontracting Fair
Practices Act, commencing with Section 4100 of the Public Contract Code.
6
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NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
�n 5 004C ,being:first duly sworn,deposes and says
(Name)
that he or she isof
(Title,position in Company) (Nam&efCornpal
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed
person,partnership, company, association,organization, or corporation;that the bid-is genuine and not collusive
or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid, and has not directly or indirectly colluded,:conspired, connived, or agreed with any bidder or.anyone
else to put in a sham bid, or that anyone shall refrain.from'.bidding;.that.the bidder has not in any manner,
directly or indirectly, sought by agreement,communication,or conference with anyone to fix the bid price.of the
bidder or any other bidder,or to fix overhead,profit,.or cost element of the bid price, or that of any other'bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statementscontained:in;-the bid are true;•and.., further; ,that the bidder has not, directly or
indirectly, submitted his order bid price or any .breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and:will:not pay,any fee,to any corporation, partnership; company
association,„organization, bid depository, or to any member or�agent thereof,to effectuate a collusive or sham
bid."
ALAN BERGER
VICE FRESID6NT
(Signature of Bidder)
State of Califomi ) ACKNOWLEDGEMENT(By Individual,Partnership or
County of )ss Corporation)
The person(s)-signing above for VALLEY SLURRY SEAL COM F%ky known to .me individual and,.business
capacities as stated, personally appeared before me to ay and acknowledged that he/she/they executed it and
acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation
named above executed it pursuant to its bylaws or.a resolution of its board of directors.
Dated: Signature: 1
Name(Typed or Printed)
(This area for official notarial:seal) A4tft
cclvgg ,#1412762
Np1o1y AbNC-Ca 0MW
vab Cou+Ql
8
For bids exceeding$25,000, accompanying this proposal is a Proposal Guaranty in the amount of
Ten G 0)Percent of Amount Bid
(Cashier's Check, Certified Check or Bidder's Bond acceptable)
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE
If the bidder or other interested person is a corporation, state legal name of corporation, also names of
president, secretary,treasurer, and manager thereof. If a copartnership, state true name of firm.
If bidder or other interested person is an individual, state first and last name in full.
VALLEY SLURRY SEAL COMPAN Y
JEFFREY R.REED,PRESIDENT.
ON S.BERGER,VICE FRESIDENT
DIANE M.MINOR,SECRETARY
WENDELI REED,TRFASIIRFR
Licensed to do or subcontract all classes of work involved in the project, in, accordance with an act
providing for the registration of contractors, License No.2Q,3 Class: A, 130,12,
(Expires
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of
California,that the foregoing information is true and correct.
Tate: 14 Z+Vq ... .
(Signature-of Bidder)
ALAN BERGER
VICE�I�133O W, M1,5affam-tp1 C.p g5gq�DENT
Business address ��,,00�� v
Place of residence t)IL-A- 15Nr� cS1�.Z�5 WC5t5 CXQfYf_ftt0IC(}gsC0q1
Date AfAl 2-4 20�,Q
9
SAMPLE BID BOND
Bond No.
KNOW ALL BY THESE PRESENTS:
That we; as
Principal,and , a corporation
organized and existing under the laws of the State of and authorized to transact surety
business in the State of California, as Surety, are held and:firmly bound unto , as
Obligee, in the: sum. of . Ten Percent (10%) of the amount of the bid
Dollars 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.
WHEREAS,the Principal has suliinlited,a lild forst € '4 P'1 A
77
(Project Name) (Project Number)
NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
contract with the Obligee in accordance with such bid and give bond with good and sufficient surety.for the
faithful performance of such-.contract, or in the event of the failure of the Principal to enter into such contract
and give such bond, if the Principal shall pay to the Obligee:the difference, not to exceed the penalty hereof,
between the amount specified in said bid and the arnount for which Obligee may'legally;contract with another
party to perform the work covered by said bid, if the latter amount be in excess-of the former, then this
obligation shall be null and void,otherwise to remain in"full force and effect.
SIGNED AND SEALED,this day of ,20
(SEAL)
(Principal) (Surety) .
By.
(Signature) (Signature)
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
G:\GrpData\Design\CTS PECIPROPOSAL\SAMBIDB.DOC 5/1/01
10
SA117.PLE RTD BUND
Bond No. N/A
I:NOW ALL BY THTSE PRESENTS:
117ctt we,_ Valley Slurry Seal Company— , tis
Principal,and ,_Western~Surety Company _ , a corporation
organized and existing under the laws of the State of_South Dakota and authorized to transact surety
buslnesti in the State of California, as Surety, are held and finely bound untocontra _Costa _* , as
Obligee, L1 the SUM of len Percent (10%) of the crmourN of the bid
Dollars lawful nioncy of the United States of America., for the payment of which sum well and truly to be
rm.idc, we bind ourselves, our heirs, executors., administrators, successors mid assigns, jointly and severally,
fhily by these Presents.
* County
WHLR AS,the Principal has submitted a bid for
2006 Slurry Seal Project 0672-6U2867-06
(Project Natne) (Project Number)
NOW, '111-REFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
contract with the Obligee in accordance with such bid and give bond with good anti sufficient surety for the
f'ai1ltCiil Performance of,uch Contract, or in the event of the ,failure of the Principal to enter into such contruct
and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof,
b oveen tho amount specified in said bid Land the anount for which Obligee may legallycontract with another
party to perform the, work covered by said bid, if the latter amount be in excess of the former, then this
obli-ation shall be null and void, otherwise to remain in full force and effect.
SIGNT>7 A.IND SEALED,this 4t1xlay of April ,20 04
(S E A Q (SEAL)
Valley Slurry Seal Company Western Surety Company_
(l',aucipal) (Surety)
13y: _int g� _
1)iIkITc) VICE.PRESIDENT (Signature)
Thomas t. ,Hucik, Attorney-in-Fact
(SLAT,AND ACKNOWLFsDGMENT OF NOTARY)
c:�cin:�:�ra;.,igo��►$i'1cvrorosnr,lSAMD1I]RJ)4C'S/I/DI
10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On before me, VAS NcstArb1�
Date r� C �^� Na nd Title of Or(e.g.,-Jane Doe,Notary Publi
personally appeared - _Man - �J j `'1 T
ame(s)of Signer(s)
ersonally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
- JAMEDAVISS subscribed to the within instrument and
Cp on*1412762 acknowledged to me that he/she/they executed
tw,PAW-coomm the same in his/her/their authorized
VGbCW* capacity(ies), and that by his/her/their
MVC0mm.bVjwApr21.2007 signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my handand official I.
Y�
Signature of Notary Pub i
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:
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•—nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827
• 't
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Sacramento
On April 4, 2006 before me, P.A.Gouker,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC'
personally appeared Thomas R Hucik
NAME(S)OF SIGNER(S)
® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s).
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
P. A. GOUKER
COMM.#1595827 behalf of which the person(s) acted, executed the instrument.
�
m: ® Notary Public-California
' SACRAMENTO COUNTY
My Comm.Exp.July 18,2009 ITNESS my hand and official seal.
SIGNATURE OF NOTARY
P.A.Gouker
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) LIMITED
GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
Western Surety Company
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
Western Surety Company
POWER OF ATTORNEY APPOINTING MWIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is.a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Thomas R Hucik,Jo Anne Hucik,Rosalie A Miszkiel, P A Gouker, Individually
of Folsom,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
In Unlimited Amounts-
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the 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 By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 6th day of September,2005.
, RET WESTERN SURETY COMPANY
P Rq -
=�+54�
J�TH CPK4,�F
Paul .Bruflat,Senior Vice President
State of South Dakota
ss
County of Mianebaha
On this 6th day of September,2005,before me personally came Paul T.Bruflat,tome known,who,being by me duly swom,did depose and say. that
he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires {444544444444444444444445}
D. KRELL s
November 30,2006f S^IJ1� NOTARY PUBLIC �AL sr
x SOUTH Ds
AKOTA Er
X44444444444444444444444+
�61N. Public
CERTIFICATE
I,L_Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney bereinabove set forth is still in
force,and fli ther certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 4th day of April 2006
WESTERN SURETY COMPANY
L.Nelson,Assistant Secretary
Forth F4280-41-02
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary,Treasurer, or any Vice President,or by such other
officers as the Board of Directors may authorize_ The President, any Vice President, Secretary,any Assistant Secretary,or the Treasurer
may appoint Attorneys in Pact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the
.corporation. The signature of any such officer and the corporate seal maybe printed by facsimile.
WARRANTY AND REPAIR AGREEMENT
To Contra Costa County (Agency):
The undersigned agrees to repair.and/or replace all improvements installed as part of
2006 SLURRY SEAL PROJECT
(Insert Project Name)
PROJECT NO. 0672-6U2867-06
(Insert Project Number)
Should any of the materials or equipment prove defective or should the work as a whole prove defective,
due to faulty workmanship, material furnished or methods of installation, or should the work of any part
thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due
to any of the above causes, for a period of 12 months after date on.which the contract work is accepted by the
Agency. The undersigned also agrees to reimburse the Agency, upon demand, for its expenses incurred in
restoring said work to the condition contemplated in said project, including the cost of any such equipment or
materials replaced and the cost of removing and replacing any other work necessary to make such replacement
or repairs, if such work is performed by the Agency. Alternatively, upon demand by the Agency, the
undersigned further agrees to replace any such material and to repair said work completely without cost to the
Agency so that said work will function successfully as originally contemplated.
The Agency shall have the unqualified option to make any needed replacements or repairs itself or to have
such replacements or repairs done by the undersigned. In the event the Agency elects to have such work
performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are
necessary shall be furnished and installed within a reasonable time after the receipt of demand from the
Agency. If the undersigned shall fail or refuse to comply with his obligations under this agreement, the
Agency shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of
the.said failure or refusal. The warranty period on the replaced materials or repaired defects shall commence,
for a separate period of 12 months, beginning on the date the repair work is accepted by the Agency. In no
event will the warranty period extend beyond three (3) years from the date the original contract work is
accepted by the Agency.
All Opticom (or equal) components shall be guaranteed in accordance with the manufacturer's warranty,
which shall start after successful completion of the. function test. All equipment for the Submaster shall be
guaranteed for a period of three(3)years from tl ShMff§A �bIoR�is accepted by the Agency.
pCAIIFOR PORAlI0h1
pany Name)
(Authorized Signature)
ALAN BERGER
VICE PRESIDENT
r Z� (Print Name)
Date: '-h
G:\GrpData\Design\C SPEC\PROPOSALWAINT.doc 7/30/98
13
SAMPLE CONTRACT
(Contra Costa County Standard Form Construction Agreement)
1.SPECIAL TERMS. These special terms are incorporated below by reference.
(See Secs.2,3) Parties: Public Agency--•Cotltfo Costo County
Contractor
Use complete legal_name of Contractor.
Effective Date:
(see Section 4 for starting date.)
(See Sec.3) Project Name
Proj.No.
located
The work consists of
all in accordance with the Plans,Drawings,Special Provisions and/or Specifications
prepared by or for the Public Works Director/Chief Engineer(cross out one)and in accordance with the accepted Bid
Proposal
(See Sec.4). Completion Time: ((DELETE ONE OF THE FOLLOWING STATEMENTS.))
(a) By
(b).- Within working/calendar((circle the appropriate word))days from starting date.
(See Sec:5) Liquidated Damages. $ per calendar day.
(See Sec.6) Public Agency'sAgent:
(See Sec.7) Contract Price. $ more or-less, in accordance with finished quantities at unit
bid prices. ((DELETE TEXT if not unit price bid.))
.(See Sec.8) Federal Taxpayer's I.D.or Social Security No.
2. SIGNATURES&ACKNOWLEDGEMENT.
Public Agency,By:
Maurice M.Shin,
Public Works Director
Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'
Compensation Law,
By: i 1r, e•r y, eu r' 'rts
(Designate official capacity in the business)
By
(Designate official capacity in 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.
(Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public. i
i
CERTIFICATE OF ACKNOWLEDGMENT
State of California ? ":i ic: >'I' .) i(.
ss.
County of )
On before me, (here insert name and title of the officer),personally appeared personally known to me(or
proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their 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.
WITNESS my hand and official seal.
Dated:
(Notary's Seal)
(Notary Public)
14
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 Pubhr 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 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,
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
I 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.
I
15
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 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 or other non-manual workers as such)for
which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from.the time of the initial employment of
the person affected and during the continuance of such employment
15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by
the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815.
16. APPRENTICES. Properly indentured apprentices may be employed on this work-in accordance with Labor Code Sections 1777.5 and 1777.6,
forbidding discrimination.
17., DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the industries and economy of Contra Costa
county,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this,County in every case where the price,fitness and
quality are equal.
18. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor;but he cannot assign it in whole or in part,
nor any monies due or to become due under it,without the prior wiitten 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 emplovee 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 thi's 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 AND INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this
section.
(b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards,commissions,officers,agents
and employees.
(c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined
below,including but not limited to personal injuryideath,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),age'nt(s)or employee(s)of one or more of them.
(e) Nan-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any indemnitee.has prepared,supplied,
or approved any plan(s),drawing(s),specification(s)or special provision(s)in connection with this work,has*insurance or other indemnification covering any of
these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee.
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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. 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).
((Use Sections 25&26 only on CALTRANS-supervised projects.))
25. CONTROL BY STATE. The improvement contemplated in the performance of this contract is an improvement over which the State of California
shall exercise general supervision. The State of California,therefore,shall have the right to assume full and direct control over this contract whenever the State of
California,in its sole discretion,shall determine that its responsibility to the United States would so require such action.
26. RENTAL AND WAGE RATES. The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is
hereby specifically referred to and by this reference is made a part of this contract.
\tt
FORM APPROVED by.County Counsel.
(CC-1;Rev.3-95)
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17
I
SAMPLE PERFORMANCE BOND --PUBLIC WORK
Bond No.
Premium
Any claim under this Bond should
be sent to the following address:
KNOW ALL BY THESE PRESENTS:
That we, ,as Principal, and
a corporation organized and existing under the laws of the State of_
and authorized to transact surety business in the State of California, as
Surety, are held and firmly bound unto ,as Obligee, in the sum of
Dollars($ ) 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
with the Obligee to do and perform the following work, to-wit:
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 mannerspecified 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 documentsrelease 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 day of
(SEAL) (SEAL)
(Principal) (Surety)
By:
(Signature) (Signature)
(SEAL AND ACKNOWLEDGMENT OF NOTARY
g:\grpdata\design\ctspec\proposal\perfbnd.doc
18
SAMPLE PAYMENT BOND--PUBLIC WORK
[Civ. Code Secs. 3247- 3248]
Bond No.
Premium
Any claim under this Bond should
be sent to the following address:
KNOW ALL BY THESE PRESENTS:
That we, ,as Principal, and
a corporation organized and
existing under the laws of the State of and authorized to transact surety
business in the State of California,as Surety, are held and firmly bound unto
' as Obligee, in the sum of Dollars($ )
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
with the Obligee to do and perform the following work, to-wit: as is
more specifically set forth in the contract documents,reference to which is hereby made.
NOW THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section
3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or
labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to
the Employment Development Department from the wages of employees of the Principal and subcontractors
pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the
Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case
suit is brought upon this bond, a reasonably attorney's fee,to be fixed by the court.
This bond shall ensure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to
give a right of action to such persons or their assigns in any suit brought upon this bond.
SIGNED AND SEALED,this day of
(SEAL) (SEAL)
(Principal) (Surety)
By:
(Signature) (Signature)
(SEAL AND ACKNOWLEDGMENT OF NOTARY)
g:\grpdata\design\ctspec\proposal\paybond.doc
19