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MINUTES - 05092006 - C.1
ti:. TO: BOARD OF SUPERVISORS �c��- s....... bontra.� FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTORCosta oil 0lavvg= DATE: May 9 2006 ` e Y Count SrA coax 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 Pacifica Avenue Sidewalk project, Bay Point area, (District V) Project No. 0662-6R4111-05. 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$215,863 to Bruce Carone Grading & Paving, Inc., the lowest responsive and responsible bidder for the Pacifica Avenue Sidewalk project, Bay Point area. (45% Transportation Development Act Grant, 17% Navy Mitigation, 30% Safe Routes to School, and 8% Local Road Funds) (District V) Project No. 0662-6R4111-05. FISCAL IMPACT: Project will be funded by 45%Transportation Development Act Grant, 17%Navy Mitigation,30%Safe Routes to School, and 8%Local Road Funds. Continued on Attachment: ® SIGNATURE: ffRECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE [APPROVE ❑ OTHER SIGNATURE(S): ,(/f ACTION OF BOAD N APPROVED AS C MMENt&D Q OTHER ❑ I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on VOT OF SUPERVISORS the date shown. UNANIMOUS(ABSENT D»v ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JOHN CULLEN, C of the Board of Supervisors and County G:\GrpData\Const\BO\2006\5-2-06pacficia.doc Administrator Orig.Div:Public Works( Division) Contact: ( ) By , Deputy cc: Auditor-Controller E.Kuevor,CAO County Counsel Contractor Surety SUBJECT: Award of Contract for Pacifica Avenue Sidewalk project, Bay Point area. (District V) Project No.0662-6R4111-05 DATE: May 9, 2006 PAGE: 2 of 4 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The Public Works Department received bids from the following contractors: BIDDER TOTAL AMOUNT BOND AMOUNTS Bruce Carone Grading &Paving, Inc. $215,863.27 Payment: $215,863.27 P.O. Box 5427 Performance: $215,863.27 Concord, CA 94524 R. Dawson Construction, Inc. Fairfield, CA 94591 Rosas Brothers Construction, Inc. Oakland, CA Sposeto Engineering, Inc. Union City, CA Hess Concrete Construction, Inc. American Canyon, CA QLM-Inc. San Jose, CA The above-captioned proj ect 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 March 21, 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 determined that the project is exempt from the California Environmental Quality Act as a Class 1( c), and a Notice of Exemption having been filed with the County Clerk on December 2, 2003; and The Affirmative Action Officer having reported that the three lowest monetary bidders, R. Dawson Construction,Inc. ("Dawson"), Rosas Brothers Construction, Inc. ("Rosas"); and Sposeto Engineering, Inc ("Sposeto") have failed to document an adequate good faith effort to comply with the requirements of the County's Outreach Program, as provided in the project specifications, and the Affirmative Action Officer recommending rejection of Dawson's, Rosas', and Sposeto's bids; and Dawson, Rosas, and Sposeto having been notified in writing of the Affirmative Action Officer's determination, and having failed to appeal it, as provided in the project specifications; and The bidder listed first above, Bruce Carone Grading &Paving, Inc. (`Bruce Carone Paving& Grading"), having submitted the lowest responsive and responsible bid, which is $13,290.73 less than the next lowest bid; and SUBJECT: Award of Contract for Pacifica Avenue Sidewalk project, Bay Point area. (District V) Project No.0662-6R4111-05 DATE: May 9, 2006 PAGE: 3 of 4 The Affirmative Action Officer.having reported that Bruce Carone Paving & Grading 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 Bruce Carone Paving & Grading is the lowest responsive and responsible bid, and this Board concurring and so finding; NOW, THEREFORE, the Board finds, determines and orders as follows: The Board APPROVES the plans and specifications for the project; and The Board DETERMINES that the lowest monetary bidders, Dawson, Rosas, and Sposeto, have failed to document an adequate good faith effort to comply with the requirements of the County's Outreach Program, as provided in the project specifications, and the Board FURTHER DETERMINES that Dawson's, Rosas', and Sposeto's bids are non-responsive and REJECTS said bids on that basis; and The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded to Bruce Carone Paving & Grading 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 Bruce Carone Grading&Paving, 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 • SUBJECT: Award of Contract for Pacifica Avenue Sidewalk project, Bay Point area. (District V) Project No.0662-6R4111-05 DATE: May 9, 2006 PAGE: 4 of 4 sign the contract or fails to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107). CONSEQUENCES OF NEGATIVE ACTION: Possible loss of project funding. Project will not be built. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p o C O O O O O O O O O O O O O C C; .4C; N 00 O O N 0 3 O O O 00 O O Lf) tO O O 1!> N O O O O N N O ti CA M CO r. c r £ d' U), N r 4 ao N N N VW r r to N N M 6'!k r r to 0 C110) M 00Q 6469 69 �? 6'T 6f> 61). 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O O o d N N N t p V yam" 3 y g M :° +° `° c aa w, d d m N CV V D r r N Y p + N m CN p N m d 3 Y !� > t +; " N d C C >4 J O .Q O. Oc > NC VR VR VR RV VR VR Im RE o w >O a d y N �LO a N Q O 'O C7 V L 7 O R Gs d a !LC V V V V V V V p R 4 p 'M CC 'G k a V V LL CL 0 ° 2 w .� cCa w O O O O' d t1 C C C d R R R R R R R ° m do " ww 0 o O � aaaaCL — a R = cn fly a s 0 v v v R o o o o o o o E �, ° U v L -° .0 L L = = a L L L v E E E E E E E N O C . O O '° R R Q O O O O O y L L L L L L L Z Z p R —y y p 2 O N C C_ - - - C c C ++ d O d d1 G1 d d v v U H ly w U d' Q r � � rL mL O F'C- H H H H H H O O O O y 0 r N M ((7 (O h 00 CA r T r r N N N N N Z IP ,7Z_ t , ON 9 Lo n N a �� 0 O x4 t r= +S', T 7,: � a CA i i Vl D . O FzN Q tT �. PROJECT NO. PACIFICA AVENUE SIDEWALK Project No.: 0662-6R4111-05 Bids Due: March 21, 2006 To the Board of Supervisors of Contra Costa County Martinez, California PROPOSAL FOR PACIFICA AVENUE SIDEWALK Name of bidder Zmc. Business address 1gD IIIoMwood ) r t! t,C76k Mailing address 12( Box x &o( ua//e;p _ e,A Business Phone Fax Number ?'U 7 $C(a — 4& 2-1— Contact To the Board of Supervisors of Contra Costa County: The undersigned, as bidder, declares that the only persons or parties involved in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he/she has carefully examined the location of the proposed work, plans and specifications; and he/she proposes and agrees, if this proposal is accepted,that he/she will contract with the Agency to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract,in the manner and time prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take in full payment therefor an amount based on the unit prices specified hereinbelow for the various items of work, the total of said work as estimated herein being (Insert total) and the following being the unit prices bid, to wit: 1 Pacifica Avenue Sidewalk Item Bid Item Description Unit Quantity Unit Price Total No. (In Figures) .(In Figures) 1 Construction Area Signs L.S. 1 7000 ,00 7000-00 2 Traffic Control System L.S. 1 I ®0 Q o 0 3 Relocate Mailboxes (Group of 7) L.S. 100 17 X00. 00 4 Relocate Roadside Signs EACH 8 00 00 5 Modify Drainage Inlet EACH 1 SOV.lamoa ov. 6 Clearing and Grubbing L.S. 1 S'O o p0 Oon o0 7 Roadway Excavation (F) C.Y. 170 /00 00 pop. Do 8 Asphalt concrete (Type B, 1/2" MAX.) TON 94 !$ 00 17 57 0. 00 9 Minor Structure (Type D Inlet) EACH 1 *0 0. 00 10 Minor Structure (Type F Inlet) EACH 1 'bv .UO o0 11 12" HDPEP L.F. 3 b0 —Op, 00 12 18" HDPEP L.F. 102 !6'0 00 p 0 13 12" Plastic Flared End Section EACH 1 SOV 00 UO dv 14 Minor Concrete (S1-6 Curb) L.F. 840 a 00 gOC) 00 15 Minor Concrete (Sidewalk) S.F. 5,200 1 S�0 00.00 16 Minor Concrete (Valley Gutter) S.F. 192 04.00 17 Detectable Warnings (Surface Applied) S.F. 48 100.00 0 00 18 Thermoplastic Traffic Stripe (Detail 2) L.F. 11 19 Thermoplastic Traffic Stripe (Detail 22) L.F. 11 dU 0 00 20 Thermoplastic Traffic Stripe (Detail 27B) L.F. . 154 21 ThermoplasticTraffic Stripe (12" White) L.F. 135 p p cj d0 22 Thermoplastic Traffic Stripe (12" Yellow) L.F. 278 d p 1�� (p� Ob 23 Thermoplastic Traffic Stripe (24" Yellow) L.F. 148 ��,d p O NO. " 24 Thermoplastic Pavement Marking S.F. 44 S� p u faG 0 v0 TOTAL /�lz 011. �y 2 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. 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. In case of a discrepancy between unit prices and totals, the unit prices shall prevail. For lump sum(LS) items,the total shall prevail. It is understood and agreed that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the Agency to increase or decrease the amount of work under any item as may be required, in accordance with provisions set forth in the.specifications for this project. It is further understood and agreed that the total amount of money set forth for each item of work or as the total amount bid for the project, does not constitute an agreement to pay a lump sum for the work unless it specifically so states. It is hereby agreed that the undersigned, as bidder, shall furnish a Payment Bond in an amount equal to one hundred percent of the total amount of this proposal and a Faithful Performance Bond to be one hundred percent of the total amount of this proposal, to the Agency and at no expense to said Agency, executed by a responsible surety acceptable to said Agency in the event that this proposal is accepted by said Agency. If this proposal shall be accepted and the undersigned shall fail 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, within seven(7) days,not including Sundays, after the bidder has received notice from the Board of Supervisors that the contract is ready for signature, the Board of Supervisors may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Agency. 3 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 24% Minimum (MSM) Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative. Action Office at (925) 335-1445, 4 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. 5 b v vCD A o� ' A A A> to CD fo c5 V' o o Q � Z o � � l .G CD Md �1co Q O Iz r � � * O � O %C Cf r O p �, a •� Q � � � V1 TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND.SUBMITTED WITH BID k2qGt G✓S o ,. ,being first duly sworn,deposes and says (Name) l that he or she is ryP ,'�/t,,7of K �J4z� ;�v t�4r (,N ��v C (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." ,on,� (Signature of Bidder) State of California ) ACKNOWLEDGEMENT(By Individual,Partnership or County of 16 h� )ss Corporation) The person(s) signing above for R..DA w soAf , 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 resolution of its board of directors. Dated: 3 -.21-2 Signature: 00 :ia ho,'Gh h �'�n fiCl�a 1 IA,l of Name(Typed N Printd) (This area for official notarial seal) B-R- DEBORAH E.SANTIAGO VELA Comm.#1451949 NOME PUBLIC-CAQFORNIA S.Exe i es Dec. MY Comm.I:><pires DeC.23,20D� 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. 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. `d 3' 949 Class: � (Expires S"At/ DG )- 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: 311.11tQ& Signature of Bidder Business address !"�. ,t' �nra� ! ( c,c&`ecu Place of residence 109' /11C)AWOOe{ A`, Date 20 QG 8 Bid Bond AIA Document A310 - Electronic Format Bid Bond# DAWSON-28 KNOW ALL MEN BY THESE PRESENTS, that we R DAWSON CONSTRUCTION, INC. P.O. BOX 6591, VALLEJO, CA 94591 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY P O BOX 9271, SEATTLE, WA 98109-0271 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of WASHINGTON as Surety, hereinafter called the Surety, are held and firmly bound into CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT, 255 GLACIER DR. MARTINEZ, CA 94553-4825 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of 10 % of amount bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, out heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for(Here insert full name and address description of project) PACIFIC AVENUE SIDEWALK 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 the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 17th day of March, 2006. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. R DAWSON CONSTRUCTION,INC. (Principal) (Seal) (Witness) By (Title) CONTRACTORS BONDING AND INSURANCE COMPANY (Surety) (Seal) / B —�. Y Sharon J. usconi,Attorney-in-Fact (Title) STATE OF Califronia COUNTYOF Sacramento On-.3-11 'OLP ,before me, Erin Russell,Notary Public (here insert name and title of the officer),personally appeared Sharon J. Rusconi 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/herftheir 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. Signature (SEAL) ERIN RUSSELL ; Q - NOTARY PUBLIC -CAL4 0038 IIFORNIAO SACRAMENTO COUNTY 0 COMM.EXP.SEPT.18.2007-A This area for Official Notarial Seal 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 OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Contractors Bonding and Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT o°DO P a a a o 9 o Ott �O'OO OaOo @ Qa000�pe o»e - oDaayo o�.°aeo+.°'�Qa a .d°a4o °oao4 ovaao�oo oo oa�oa000 °o aoo�oaoo o<`d ga°g°fie P40°M�.°nPOgO°0 P +➢® O O O 6°�p i0e4 b O O S O pd nftw 0°4 0 0 O°�b0 0 0 0 O 1x11.00 0 9°O O N�a��J°0 9°pa•®DpOo 9°0 5°°�°OOOJ°R o°° °moo°o°J°4°°�°0 000 00 0�OQOli 6 O°O•ema�p0`a°oo ox®�°'.�epp<au°a°@®8 6 pW1WC 0° OyuSwip°00 Pp®aOPO O O�Yp OOa 9 �°°O O o O 4° UB000�01�Op 09J00°1m(0 O 00 ° ,�,gq0�6 OO °L°0G p®pyd ynw�.aa P 0-0°dP00°a p4 a 0000°0°OaOgb p Co g oy 00°OAR°0°0°pa+�t0`d°0°0°JR00 p4'�4Q d d°640°0°4 pa®oQ C°°0°0°0°9 jMp°G a°4°0°R°4 go=op C°0°0°0°b°o°pomob p J°0°0°P°° J°0 0°0 4 a�0°0°P°0°0 p°e0 cue Oy 0°S O°0 4°oesc ap°O®p0°0°0° °6p0Op60°0q Y•o°Cp°Q°444 a°P°0°00°°00 Q°0040®Q°4:°o.°°0a°Q440Q Q°d°dq�:00°e°OOOOO°O°C°a°ava 00°Q4QgO Q°g°P°0°6eBOd°4RQ00°O�Q°$°a0 oe00°QOO4O4Q04°d°°cea 0°a°QOQ0444°°°uio0 0 OQSQOQOQ9°d a aqp V OOaQ04000Q4 06 oeS 0 O440S44Q60 po+ro p00 0604QG669 y>pe OQ 0 0040 PR d 9 pPec�pppe00°p0 a4 gog4,oa4 dq a4 gaa oQ9 4aa;.°ooQ4 gaR °0 464°o°4D�p ° i►�9ao 1 9 a ooaN9Pp9 o Iq,490 R9 a 49$9 v °oa,i449H90°°°ae91 949 ave"ooaOP4 yoa6 °t9�9.?P4p?Po °�?R9i491Po°°°@@�i9944.gaa' �o994kt9R�s @vii994P.gva"°oa4444i9pOP •�'I�� 6 0o ppm °9'60 60 04o°a°0°e° aoo �d-0a5ooy6°e a 60 ao� , ® '��paaOc 440 1 9 p 0°0♦°oao� ��P S O O O o a,0°� '0a»0404°6°0 1 �s oa q°q0 9 p L°L°0°a»»°o �•P o°o°P°o40 0 op DpOOLO oo a oao°°q �OI?9 a READ CAR FULLY- to be usedarty with the bond ,specified herei`t • � tea' 0°P�b°a e`•os �1 -• 1 • °/ a 1 •• / a • • 8• • 1 A 1 �»°9°0°D°0 b 6 0 6 s o � � � y "ga0d6o6668 pC00°p0aeav •.•' • . k `8 6 1 /" a ° • on 8 f F e A • •. 1 1 f. �q Dose°q0 00°C�cP 8 _ 1. 8• q 8 E . i. ! e"a• • ►.f e B /• �o °°° pea a°°°o •f-. - • •, •" • a a '• f ' s A• A E- •• a on6paoa 6°p°pP°a o" 6000oa... � •• 1 a • • W ; p - '�o6e°o°OL dOd000ogQ qo,- 1 �a o°9°Og60a pPOd?6 0 4ad6 oe 6.m tl•' a 811 •- tl� tl 8" tl 8 "k 8" 8 9 8 1 i'• . 8 8- 88 a e - 1' k m -/ 8" • a 8 B o°e6p°°pd0 ,,a1yy appppe�o � oa0��p0 6°°a�9°0e Qo0°op pgo4p° ° oo e0 agedtr60 oa.- 8 1 " � • 0 0 0°(p° 6p4 4- i B O O w f = w 6 ° ay p0 p 0 Op000°4"0- - - _ • = o?°°J4a o OpoOpe oa o - _ _ a• a w _ _R -..°'00 oeq°g06 o`:�a 0 e a • _ _ I• 1 O _ _m O000�000�Op apbQ nd • _ w i - i� oil� 40 ppo g°0°9`0 04 moo a°ad a 0 0 epe0 a� 040006goga 40 ao d 4600°papooa -o o4e a4P 0 otlo0u°p� a°oti'�o` 0p ao 0°e°eo�_ ��eovoo°a Odooc°`� ada JO60a a°'o- �o°�050 0 0 oQ p69a� Y,°4 R 00 46hp apo -+'0406°0°0° oG o°nes �n ygo0o Pp 01q� p0`Jpa °44040 QO J 4 00 0 0 0Q6°Oo a°o°o °'JO ho •— a • •{ • { °moo 0g04. oo 00000goo°o oo4ao� ®°o op5e°R 9 { { 4 64 OdOpG°cyowy- = Pp 006 C°OG y°;_ �uao o>d0 a pg 4040'60 a a0°6°0 40004 C po 0 0 0 60606060 00°0p°�s �� Baa°06400 d°GO°° ° 460 e0o ad== �J°e°o°o°oao nO'oo a°0°e 4gOS4°0 -mq °0°4 P°G ooeoope`°•� � � - o oo°o°as6a p 6p ppno- 9i ��pP°?p°0�46 Op Rp e o°o op�- e - • � �{ � {s �a � _�a'o dead O6euo 00°0°0°°e a°m-= g o W a x ® 0 ® 6 dan°ooP°g404 o00pgp°wa>�- �• B e °�� 0 m { •e B e a �oo a o6e44 .0 aoo 0¢ _e opo 66 �'o o aa,a-0ey Qa,ea!! a bd kd d0 a dee�sld6le 14 a6dd!!1� ���3de�a0 e.6 ebd' b a,4 a 1 1 e s 4 a aid. 1e a 4 6 �� o°�� poo°v�°•6a66'@0�yd6dW�p�a@0as°e e04g40doag�46d40e o°iob4d6�480�-0�0�6�4@o°e aa864a�Q�4�4�oo@a.ea d6d 60ao°�°p4g 40CSoso�dB EOe.6od �QB�J@ ao®°a�OP�4���ocx°�a4�d�B�d@ Ai,°o40 6�640!!4� oed dee:eosi3bdd�Lac:64�.>a°a 0°q°e°°@p6°p0ae°'we°0446°d0d04°B°pk°iile°0°0°66e 4°O Oo.m:,fl pP6°6°6°p°p°Oe°ea�opd yOg°d0e4004a�°pP°a d4�0400p pp°�oo bd6440490o aP�ed a°44-0d-0400<6so°®°o6tr°a°a°°ObOP4daLCQe x`ap600404p j0do-4°sa°a°eoog664064004n4Cee..op°064646a40000tr4saom p°66°LOa000000o ea°ylsg4pOp4pOp°Oy cwao°OJo°od O4L6d6f0�®OoiC�i'ooO9°060 a d�p°P°O O°a°ay6�p°4i»°O°O d�'°°r p®°°p6°°O�e 4»°d°'9°9 O�°°4 O°°OO°O°h�Nmle�4°4°dOO°C np�op°0F66e00°6�40P°6ad0na4��U°pP�6 d a J��°0o 6•sa0 O�yOp°a R d�OR°�4°6pJ0 O a 08�d6o OQ�600°p°O Jp Ona4 °90e59 ®4 deaa0p Od? J�6 Pdd9 O 4640 04 qn••p®e 00000`°0°s°�000 0°0°,rr owe�aR�°�»e°°0�"°o°°ao°e w�6°o n»°o�°o n»oo° °a e°°oo'�o�°a`ao aao°o°°°°9.am,r°ocn»e°!o?oo°e°�.'°00»'Den °»°a�e�00 • f PROJECT NO. PACIFICA AVENUE SIDEWALK Project No.: 0662-6.R4111-05 Bids Due: March 21, 2006 To the Board of Supervisors of Contra Costa County Martinez, California PROPOSAL FOR PACIFICA AVENUE SIDEWALK Name of bidder Business address Mailing address �.0, 40Xg�e2, Business Phone C S3 y- /O 3� Fax Number C57 6-D v4-3'Y- 6-0 Contact f/v ca n y Rosas C.s7 0D 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 f Pacifica Avenue Sidewalk Item Unit Price Total No. Bid Item Description Unit Quantity (In Figures) (In Figures) 1 Construction Area Signs L.S. 1 0?S00 °a 2 Traffic Control System L.S. 1 /91000 Al 000 3 Relocate Mailboxes (Group of 7) L.S. 1 OD Od 4 Relocate Roadside Signs EACH 8 5 Modify Drainage Inlet EACH 1 A 5301' 530 6 Clearing and Grubbing L.S. 1 7 Roadway Excavation (F) C.Y. 170 00 bo 90 13 40. 0 8 Asphalt concrete (Type B, 1/2" MAX.) TON 94a00 Do QO 9 Minor Structure (Type D Inlet) EACH 1 900 00 D0 oa 10 Minor Structure (Type F Inlet) EACH 1 A100 00 11 12" HDPEP L.F. 3 1;21D0 �, 00 0% 12 18" HDPEP L.F. 102 D ° 30fa 13 12" Plastic Flared End Section EACH 1 000 2-16 /000 ,0—' 14 Minor Concrete (S1-6 Curb) L.F. 840 J13 0 �7, -7a0 O 15 Minor Concrete (Sidewalk) S.F. 5,200oe 6a yO0 otl 16 Minor Concrete (Valley Gutter) S.F. 192 Jq ao .3 17 Detectable Warnings (Surface Applied) S.F. 480 °.° 3 0 0� 18 Thermoplastic Traffic Stripe (Detail 2) L.F. 11 oe `3 o0 19 Thermoplastic Traffic Stripe (Detail 22) L.F. 11 -0 6 gJr o0 20 Thermoplastic Traffic Stripe (Detail 27B) L.F. . 154 /8 yg o° 21 ThermoplasticTraffic Stripe (12" White) L.F. 135 22 Thermoplastic Traffic Stripe (12" Yellow) L.F. 278 00 23 Thermoplastic Traffic Stripe (24" Yellow) L.F. 148 /y °� 0?-02 24 Thermoplastic Pavement Marking S.F. 44 ,5-0-4 �oWi 0 Od TOTA 9S �7 y� 2 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. 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. In case of a discrepancy between unit prices and totals, the unit prices shall prevail. For lump sum{LS} items, the total shall prevail. It is understood and agreed that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the Agency to increase or decrease the amount of work under any item as may be required, in accordance with provisions set forth in the.specifications for this project. It is further understood and agreed that the total amount of money set forth for each item of work or as the total amount bid for the project, does not constitute an agreement to pay a lump sum for the work unless it specifically so states. It is hereby agreed that the undersigned, as bidder, shall furnish a Payment Bond in an amount equal to one hundred percent of the total amount of this proposal and a Faithful Performance Bond to be one hundred percent of the total amount of this proposal, to the Agency and at no expense to said Agency, executed by a responsible surety acceptable to said Agency in the event that this proposal is accepted by said Agency. If this proposal shall be accepted and the undersigned shall fail 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, within seven(7) days,not including Sundays, after the bidder has received notice from the Board of Supervisors that the contract is ready for signature, the Board of Supervisors may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Agency. 3 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 24% Minimum (MSM) Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335-1045. 4 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. 5 � o o Q o � � rf1 0 v oVS � � o O p o 3 d fi �i o col 00 O tn d V /...' a �1 � 03/21/2006 09:29 5345077 ROSAS BROS PAGE 01 TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID being first duly sworn,deposes and says (Name) `. that he or she is pe 1 d[ of ROS #S teiUS� dml (Title,position im 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 skarn 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 skull 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 Haat 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 share bid," (Signature of Bidder) State of California ) ACKNOWLEDGEMENT(By Individual,Partnership or County of ?q a Jss, Corporation) k�.wn The persons) signing above ford zee to me individual and business capacities as stated, personally appeared before me today. and aclrnowledged that he/shetthey executed it and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation maned above executed it pursuant to its bylaws or a resolution of its board of directors. Dated: Signature: Name(Typed or Printed) (This area for official notarial seal) 7 03/2112006 09:29 5345077 ROSAS BROS PAGE 02 For bids exceeding $25,000, accompanying this proposal is a Proposal Guaranty in the amount of Tm(14)Percent of Amg=Did (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: I1y�I'0RTAN`lNOTICE 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. Licensed to do or subcontract all classes of work involved in the project, in accordan a with an act providing for the regis ation of contractors, License No. 3 lass: (Expires ,0 3i e , By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California,that the foregoing infarnaatior►is true and correct. Date: Signature of Bidder. Business address ��� �1��.5 zalx_ &4& C0� i �!' Place of residence, -Vc � S o2 lfJ�4 Date --;2 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California B County of I�L/ern ed ss. �w On '� before me, z9s 'ue ( Date Name and Title of Office .g.,"Jane Doe-Notary Public") personally appeared V 1,C e Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person* whose name(S�_is/arm. subscribed to the within instrument and JOSacknowledged to me that hellehefth'ey executed ommilltt1NETt?6592RRE the same in his/' r authorized Commiasion;�1365928 Notary Public-Califomia capacity(4e&), and that by his/haxAheir Alarnada County signature) on the instrument the person(s), or A�yComm.ExpiraaJul 22,205 the entity upon behalf of which the person(s) acted, executed the instrument. NkfffNES hand and official seal. Place Notary Seal Above Signature of Notary Public OP NAL Though the information below is not required by la,, 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: �voivcar�usioit/ 9<6i W %a Document Date: Number of Pages: Signer(s) Other Than Named Above: /V Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual /J1e� Top of thumb here Corporate Officer—Title(s): 6�.. ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 e AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BOULEVARD,9""'FLOOR, LOS ANGELES,CA 90045 (310)649-0990 BOND NO. BBSU#233271-11 PREMIUM BID DATE: 03/21/06 BID BOND KNOW ALL MEN BY THESE PRESENTS,That we, Rosas Brothers Construction,Inc. P.O. Box 7862,Oakland,CA. 94601 (hereinafter called Principal),as Principal,and AMERICAN CONTRACTORS INDEMNITY COMPANY,a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of California (hereinafter called Surety),as Surety,are held and finnly bound unto Contra Costa County Public Works Dept. (hereinafter called Obligee) in the penal sum of Ten percent ( 10 %) of amount bid not to exceed Twenty Thousand and 00/100----------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------- Dollars($ 20,000.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Pacifica Avenue Sidewalk Project No: 0662-6R4111-05 f I NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, then this obligation shall be void. If the Principal shall fail to do so,then the undersigned shall pay the obligee the damages which the obligee may suffer by reason of such failure up to and not exceeding the penal sum of the bond. SIGNED, SEALED AND DATED THIS 17th DAY OF March 2006 Rosas Brothers Constptction, Inc. PRINCIPAL By: G � `"( A�;2& AMERICAN CONTRACTORS INDEMNITY COMPANY e) By: Ch ryl Griggs, Attorney-in-Fact HCCSZZ220B10/05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. i County of Sonoma On-3/1 7/06 before me, M. Argabright , Notary Public Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") personally appeared Cheryl Griggs �JIJ Name(s)of Signer(s) 0 X personally known to me ❑ proved to me on the basis of satisfactory evidence 1 to be the person*j whose name`V) is/fie f subscribed to the within instrument and acknowledged to me that 1�6/she/tly executed GpgRtGN1 the same in b e her/th<r authorized ) M pg #15x6935 capacity(basj, and that by 'Isis/her/t?>ea 1 co tic Cotto0c, signatureW on the instrument the person, or C + co opic- ounN 20p9 the entity upon behalf of which the person* � totY r no ltgs�unl2, acted, executed the instrument. CO u MY m•ExP WITNESS my hand and official sea,l. Sign I e of Notary Pub c 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: BBSU #233271 -11 Document Date: Number of Pages: 1 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 X Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 1 Signer Is Representing: American Contractors Ihdemnity Com an 0 1999 National Notary Association•9350 De Soto Ave.,P.D.Box 2402•Chatsworth,CA 91313-2402•www.NalionalNolary.org Prod.No.5907 Reorder:Call Toll-Free 1-800.876.6827 M_%Niffi� jag 91A 11 'R k Ag"��ntrAA;A&Inity onpan y — ����>�I � ImIl —9M_Airport Blvd.,9"Floor Los Angeles,California 90045 AM k, _ffjA AIROWMOFAI'llill That American Contractors Indemnity Company of the State of California, - ac qao es h iCalifornia q� �� �,IIIIIIIoII III'�������If�� LAqy ,� h -rVriggs Ol Or bt,� Santo ���� its _Q U&N& rney(g�f-,-Ni�_-- II'luthority to execute on its behalf bonds, undeq!o%,X"nizances andSffi(WCA&& - TnOl W of in eni—nity dfid�writings obligatory in the nature there d in thvEcdbrs&&F-At--AusinessCg—d�ndAb-N=��d�ftM---�ompaiii*� 0 sued aRM% —M&M st AN A X—Timut1mrither aC�fi_orron March llplu Amount not to enceed- TI&M JIMI[II IIIIl�r — 7WR _y I�u�l1 41111 ���111111, IMS IRA of Atio=33-s granted and is signed and sealed by facsimile under and by the authority of the follo3mingiggqtution adopW*o th �- the Board of Directors of AMERICAN CONTRACTORS INPEM a.- TY CO 'j,ing dulyAWe M Wbjd�the 6 d—#111--of 01 December, 1990. Maw ffiff Wffel 7giffiW,ChieMfr Rsident 6rany"F7crP_Feshd_ent,Executive Vice President,Secretary or Assistant Secretary, sh It have P PooI " e lel -Facban"at0drigMem t �l Iil�llll ����I �C�rlll� 1. TO appoint Attorney(s) in Co seal of the C hW y ih eto, 14 11110 14, ings,con othel= SWI biwr re Q 7�%the natu"Ali h 11' qq aln ,ll' ...... y Am 2. �Le,any such A ttorney-in-Fact and revoke the authority given. 11111�fill M4vff;iy or ce RESOLVED FURTHER, that the_sjignq(Kes jo th C 11�' such o an SWUM fj�q�"f AV%- a_Q I nj y f relatei Illi, %thereto ofAt 111 or _yfiacsimild W acsimWl seal shallbe valid and binding an cQed and Wffby-)W0-ni1i-signatures and facsimile seal shall be valid and binding upon the Company ti effect to dn�y-bXnd or�n&Xrtaking to which it is attached. IN WITNESS WHEREOF, American Contractors Indemnity Company has caused-its-seal tob e affixe,]JOb" it Eli 1�1�11011 01 Gh "' I Mcjulked by i W th Executive Officer on the 15 day of December,20QAjffi a��EM—_ ��ERICAN C NTRACTORS INDEMNITY COMPANY I�� ��III �I I�I���Voil11 ���i��h�������[t � � z 14�Z INCORPMTED -01 9 d"' o '11"'",1 - omashief v -utticer Ulk TATE ff-ANE vNT SELLS J" On this 15'h day of December 2003, before me, Chiema ry �Iicaqrlfto�alj pear,e„%onally�lffibN %divid bed herein, and Officer of�A -Ionkctnrmity omerican hlllll!°Illl��e�plllmllnota IeRri C Ni” _ _NS"q2iftrtq and ME Fration thereto by authority of his offlce.�_. _VW that h"MZAft!ffiffiVing x the seal Corp ITNFSVMT hand and o rficiaFseal. MI)GOOMMMEMER MW ission i uori 49 r Notary Public-California �� I�� D �l11 Ig Los Angeles County § natl'lri�otary A9%a 11 M zu My Commission expires March 18,2007 swcom" MorI8.2 S&i e th"i Inde J.Kim 9jille 7 yofAmMcZrWMt djl 111hereby ffiWA5[hffW6Towe=r of Attorney and the birectoMsg f and that neither a 0 so"AM��%as s o Bo a at ny et r. above, are true and correct transcripts thereof uulllloliu MI'le resolution have been revoked and they are now in full_fprcq__-and_=effect. rney nor adopti,�JI ffl�ffil aav� wer of A Mal 0 6, IN WITNESS HEREOF,I have hereunto3dupwhand thift ITKWMIE��M*Kpmz Mtn zmlai SII Bon( o 233271 -11 111 1 eannfM;RidSG& - 'I ' Elm j_ftc-aw 0- Rm POA 12/15/03 ZZ Oak WARRANTY AND REPAIR AGREEMENT To: Contra Costa County Public Works Department The undersigned agrees to repair and/or replace all improvements installed as part of Pacifica Avenue Sidewalk Project No.: 0662-6R4111-05 Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship,material fiunished 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 periodextend beyond three(3)years from the date the original contract work is accepted b Agency. (0' pany Name) (Authorized Signature) (Print Name) Date: o �� /b G:\GrpData\Design\CTSPEC\05specs\Pacifica Avenue Sidewalk_Pmp.doc 7/30/98 12 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT PROPOSAL AND - CONTRACT FOR PACIFICA AVENUE SIDEWALK PROJECT NO: 0662-6R4111-05 - _ 1 %� \ I r ,Cu ` 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: March 21., 2006 FOR PRE-BID INFORMATION CONTACT: Hannah Wong(925) 313-2381 FOR PLAN HOLDER'S LIST CALL (925)313-2000 4 ' TABLE OF CONTENTS PROPOSAL............................................ ............. 1 SUBCONTRACT INFORMATION TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT...............................7 SIGNATURE OF BIDDER................................................. SAMPLEBID BOND.......................................................................................9 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER/ MANUFACTURER! TRUCKER! SUBCONSULTANT..........................................................................:........... 10 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER! MANUFACTURER I TRUCKER ! SUBCONSULTANT................................11 WARRANTY AND REPAIR AGREEMENT................................................... 12 SAMPLECONTRACT................................................................................... 13 SAMPLE PERFORMANCE BOND -- PUBLIC WORK.................................. 17 SAMPLE PAYMENT BOND -- PUBLIC WORK 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) 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 720—. (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) G:\GrpData\Design\CTSPEC\05specs\Pacifica Avenue Sidewalk_Prop.doc 5/1/01 9 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 I SUPPLIER I MANUFACTURER I TRUCKER/SUBCONSULTANT Name of Prime ontractor Name of Project oaf. Z - rim y! /� or Project Number The undersigned is a(check one): Sole proprietorship X Corporation Limited Liability Partnership Joint Venture Check the following which may apply. MBE WBE 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 G:\GrpData\Design\CTSPEC\05specs\Pacifica Avenue Sidewalk_Prop.doc Revised Effective 813/2000 10 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street,Martinez, CA 94553 (925) 335-1045 Fax(925) 646-1353 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT . 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 X 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 G:\GrpData\Design\CTSPEC\05specs\Pacifica Avenue Sidewalk_Prop.doc REVISED 8/3/2000 11 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 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.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 Califomia ) ss. County of 1 On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Contractor,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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) 13 3.WORK CONTRACT.CHANGES. (a) By their signatures in Section 2,effective on the above date,these parties promise and agree as set forth in this contract,incorporating by these references the material in Section 1,SPECIAL TERMS. (b) Contractor shall,at his own cost and expense,and in a workmanlike manner,fully and faithfully perform and complete the work;and.will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans,drawings and specifications and in accordance with the accepted bid proposal. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties;and the Public Agency shall never have to pay more than specified in Section 7,PAYMENT,without such an order. 4. TIME,• NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed;and shall complete it as specified in Section 1,SPECIAL TERMS. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor,allowance being made for contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case,it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof,it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1,SPECIAL TERMS,the result of the parties' reasonable endeavor to estimate fair average compensation therefor,for each calendar day's delay in finishing said work;and if the same be not paid,Public Agency may,in addition to its other remedies,deduct the same from any money duc 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 Govemment 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. 14 11. FAILURE TO PERFORM. If the Contractor at anytime refuses or neglects,without fault of the Public Agency or its agent(s),to supply sufficient materials or workmen to complete this agreement and work as provided herein,for a.period of 10 days or more after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state,and local laws and regulations,especially Chapter 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 discrimmation). 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 4160AI 14 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. 15 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). ((Ilse 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) 5/I/01 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\perlbnd.doe 17 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) gAgrpdata\design\ctspec\p roposahpaybond.doc 18 I i �tD n tD tNj S1� N rn O t1- W E�h to CSS cD ,t e� 70 00 gym 'u� 0 OR un u,• f,, PROJECT NO. PACIFICA AVENUE SIDEWALK Project No.: 0662-6114111-05 Bids Due: March 21, 2006 To.the Board of Supervisors of Contra Costa County Martinez, California PROPOSAL FOR PACIFICA AVENUE SIDEWALK Name of bidder. Business address Mailing address Ce— -9>d� Business Phone ✓�/U- ��J- d� Fax Number Contact ell 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 Pacifica Avenue Sidewalk Item Bid Item Description Unit Quantity Unit Price Total No. P y (In Figures) .(In Figures) 1 Construction Area Signs L.S. 1 �Op - =� �'Od• �° 2 Traffic Control System L.S. 1 y000. Oc, 3 Relocate Mailboxes (Group of 7) L.S. 1 &O0 - 4 Relocate Roadside Signs EACH 8 5 Modify Drainage Inlet EACH 1 gpo ll l�Up • o 6 Clearing and Grubbing L.S. 1 000, e00• o0 7 Roadway Excavation (F) C.Y. 170 �S , no ,S o So,q-0- 8 _8 Asphalt concrete (Type B, 1/2" MAX.) TON 94 �`�0 �� a2 S-60. o0 .9 Minor Structure (Type D Inlet) EACH 1 02 t�pp• 2 10 Minor Structure (Type F Inlet) EACH 1 a 110o•"O 00 ,00 11 12" HDPEP L.F. 3 S� • t-0-1 -�o 12 18" HDPEP L.F. 102 �2-Z®• 13 12" Plastic Flared End Section EACH 1 l��- �_ ��oo • o0 14 Minor Concrete (S1-6 Curb) L.F. 840 3p,00 S moo• o0 15 Minor Concrete (Sidewalk) S.F. 5,200 12-,00 6.z �00. 16 Minor Concrete (Valley Gutter) S.F. 192 12 ,00 a 3Oc/ =� 17 Detectable Warnings (Surface Applied) S.F. 48 S ,a_ 3 2 O • —° 18 Thermoplastic Traffic Stripe (Detail 2) L.F. 11 �,©o 02� .pp 19 Thermoplastic Traffic Stripe (Detail 22) L.F. 11 , pd e.1 07 . ® 20 Thermoplastic Traffic Stripe (Detail 27B) L.F. 154 aap 3p8: 21 ThermoplasticTraffic Stripe (12"White) L.F. 135 22 Thermoplastic Traffic Stripe (12" Yellow) L.F. 278 S'p� l 3�p• �= 23 Thermoplastic Traffic Stripe (24" Yellow) L.F. 148 ,Do 33Z •®�= 24 Thermoplastic Pavement Marking S.F. 44 TOTAL .2®g �!q '�= 2 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. 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. In case of a discrepancy between unit prices and totals, the unit prices shall prevail. For lump sum (LS) items,the total shall prevail. It is understood and agreed that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the Agency to increase or decrease the amount of work under any item as may be required, in accordance with provisions set forth in the.specifications for this project. It is further understood and agreed that the total amount of money set forth for each item of work or as the total amount bid for the project, does not constitute an agreement to pay a lump sum for the work unless it specifically so states. It is hereby agreed that the undersigned, as bidder, shall furnish a Payment Bond in an amount equal to one hundred percent of the total amount of this proposal and a Faithful Performance Bond to be one hundred percent of the total amount of this proposal, to the Agency and at no expense to said Agency, executed by a responsible surety acceptable to said Agency in the event that this proposal is accepted by said Agency. If this proposal shall be accepted and the undersigned shall fail 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, within seven(7) days,not including Sundays, after the bidder has received notice from the Board of Supervisors that the contract is ready for signature, the Board of Supervisors may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Agency. 3 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 24% Minimum (MSM) Requirement. NOTE. Outreach Program information.and/or assistance may be obtained through the County's.Affirmative Action Office at (925) 335-1045. 4 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. 5 v1 o U, � o cJ i r4 0 0 �j y A � � a va `� o rr�y W � n YNrn Vi 4 d Hud a O � Ha � U U 5 S � o O z V y � O o � o o. G> O o to y tyCS on o ao-- tA cs `e O. TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID hA"?a6AgCZ being first duly sworn, deposes and says (Name) that he or sheis of . (Title,poli on in Company) (Name of C pany) 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." (Signature of Bidder) State of Califolni'aC��-)ss ACKNOWLEDGEMENT(By Individual, Partnership or County of !!fit ) Corporation) The person(s) signing above for .-5004fC-'Tib LL1161AA-:62&Wt down 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 resolution of its board of directors. t Dated: "UG Signature: cc -JA . Name(Typed or Printed) ■uuununuu�uunro�uuununnuu (This area for official notarial seal) RICHARD SILVA JR. 20 COMM.#1603143 NOTARY PUBLIC CALIFORMA p . Comm.LAMEDA COUNTY M EXPAU9• 28, 2009 inmuuuuwmaem�e�e�nnmuuuuni For bids exceeding $25,000, accompanying this proposal is a Proposal Guaranty in the amount of Ten (10)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. Licensed to do or subcontract all classes of work involveA in the project, in accordance with an act providing f the registration of contractors, License No. Class: C- {Expires (-C}? }. 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: '4�. Signature of Bidder- ti Business address1/ jam-� �,,�- r Place of residence fia 49,c. A. Date U� A--rte.�120 r94 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ALAMEDA AAnn II } RICHARD SILVA, JR. NOTARY PUBLIC On /V I a reh �I�, �-p0�0 before me, � , Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public") personally appeared DENISE D. RAVAZZA X,K] personally known to me—OR— [J 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 ■■�°"uu"uRICHA D SIL AJR. person(s), or the entity upon behalf of which the person(s) � RICHARD SILVA JR. � COMM.#1603143 � acted, executed the instrument. NOTARY PUBLIaCALIFORNIA ALAMEDA COUNTY My Comm.Exp.Aug. 28, 2009 ° WITNESS my hand and official seal. ®nnuunnannpunnlxou�nuunnu■ - r�'�� � .�•�//cam, Signature of Notary Public ---------------------------------------- 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 forth to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: [) Individual [] Individual Corporate Officer SECRETARY [] Corporate Officer Title(s): Title(s): [] Partner— [] Limited [] General [] Partner— [] Limited [] General [] Attorney-in-Fact [J Attomey-in-Fact [] Trustee RIGHT THUMBPRINT [] Trustee RIGHT THUMBPRINT (] Guardian or Conservator OF SIGNER [] Guardian or Conservator OF SIGNER [] Other: Top of thumb here r 1 Other: Top of thumb here Signer is Representing: Signer is Representing: BID BOND Bond No. N/A KNOW ALL BY THESE PRESENTS: That we SPOSETO ENGINEERING, INC. as pibcipal,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 as Obligee, .in the sum of Ten &rcent [J0%1 of the amount of the bid Dollars lawful money of the Unites 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. VfJ 1HR AS,the Principal has submitted'abid for CONTRA COSTA COUNTY PACIFICA AVENUE SIDEWALK 0662-6R4111-05 (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 iu excess of the former, them this obligation shall be null and void, otherwise to remain in full force and effect. SIGNED AND SEALED,this 15th day of MARCH ,20 L6 . (SEAL) (SEAL) INTERNATIONAL FIDELITY SPOSETO ENGINEERING, INC. INSURANCE COMPANY rincipal) (Suuety) By: (Signature) (Sisaature) DENISE D. RAVAZZA, SECRETARY DANIEL LAW, ATTORNEY-IN-FACT (SEAL AND ACKNOWLEDGMENT OF NOTARY) 0:1arpDiLm\DwignlMPEM5ap=\Pacifica Avenue SiduwA Prop doc 511101 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Santa Clara On March 15,2006 before me, Jenny Min Hon, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Daniel Law Name(s)of Signer(s) ®personally known to me ❑ proved to me on the basis of satisfactory evidence 11111111-AW06-j"11111 III JENNY MIN HON to be the person(s) whose name(s) is/are Commission#1492320 subscribed to the within instrument and Notary Public-Calitomia acknowledged to me that he/she/they executed •�® Santa Clara County the same in his/her/their authorized My Comm.Dom May 28,2008 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 an and official seal. i r 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(les) 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: 01999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Tel(973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTEAWA1TONAL 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 ...................................................................................................................................................................................................................................................................................... LYNNE M. LUDWIG,ROBERT W. BABCOCK, DANIEL LAW,JENNY HON MILPITAS, CA. ............................................................................................................................................................................................................................................................................ .........: its true and lawful attomey(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 or permitted by law,stature, rule,regulation,contract or otherwise,and the execution of such instrument(s) in.pursuance of these presents, shall be as binding 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 I NSURANCh 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 nr 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. Ty/Nf IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be (a signed and its corporate seal to be affixed by its authorized officer,this 29th day of August,A.D.2003. SEAL 4 re.T9'y TNTFRNATIONAL FIDELITY INSURANCE CO c � r $ 1904STATE OF NEW JERSEY County of Essex l r, 1F �► Secreta On this 29th day of August 2003,before me came the individual who executed the precedin instrument to me personal lyy known and, being by me duly swom,said the he is the therein described and authorized officer of the INTERNATIONAL FWELITY INSURANCE COMPAN'$;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. 0ARQ& 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. � O NOTARY t� "a PUBLIC �_ L JV jth: A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2005 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 151;h. _day of March,2006 Assistant Secretary WARRANTY AND REPAIR AGREEMENT To: Contra Costa County Public Works Department The undersigned agrees to repair and/or replace all improvements installed as part of Pacifica Avenue Sidewalk Project No.: 0662-6R4111-05 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 accept by the Agency. JAe— (Co p y Name) (Authorized Signature) lesh/Az�- (Print Name) Date: G:\GrpData\Design\CTSPEC\05specs\Pacifica Avenue Sidewalk_Prop.doc 7/30/98 12 r CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT PROPOSAL AND CONTRACT FOR PACIFICA AVENUE SIDEWALK. PROJECT NO: 0662-6R4111-05 ri 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: March 21, 2006 FOR PRE-BID INFORMATION CONTACT: Hannah Wong(925) 31.3-2381 FOR PLAN HOLDER'S LIST CALL (925) 313-2000 TABLE OF CONTENTS PROPOSAL.................................................................................................... 1 SUBCONTRACT INFORMATION ..................................................................6 TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT...............................7 SIGNATUREOF BIDDER...............................................................................8 SAMPLEBID BOND.......................................................................................9 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER /MANUFACTURER/ TRUCKER / SUBCONSULTANT:....................................:.:.............................................. 10 VERIFICATION OF PERFORMANCE SUBCONTRACTOR /SUPPLIER/ MANUFACTURER I TRUCKER / SUBCONSULTANT................................11 WARRANTY AND REPAIR AGREEMENT ................................................... 12 SAMPLECONTRACT................................................................................... 13 SAMPLE PERFORMANCE BOND -- PUBLIC WORK.......:.......................... 17 SAMPLE PAYMENT BOND -- PUBLIC WORK............................................ 18 4 � a SPOSETO ENGINEERING , INC . 4301 BETTENCOURT WAY UNION CITY , CA 94587 ( 510 ) 487 - 2424 FAX ( 510 ) 487 - 6210 FACSIMILE TRANSMITTAL SHEET TO: FROM: BID REQUEST DUNG NGUYEN COMPANY: DATE: CONSTRUCTION UPDATE/ 3/9/2006 11:33 AM MINORITY BIDDERS BULLETIN FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 760-747-8661 PHONE NUMBER SENDER'S REFERENCE NUMBER: 760-745-6144 RE: ADS TO RUN: 03/13 & 3/16 ** Ad Request Deadline 4:OOPM on: WED for THURS I FRI for MON ❑ URGENT ❑FOR REVIEW ❑PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: Sposeto Engineering,Inc.is preparing to bid on the following project(s)as a Prime Contractor. We are requesting sub-bids from qualified;certified MBE/WBE subcontractors and suppliers. BID DATE: March 21,2006 @ 2:00 P.M. Contra Costa County Public Works Department Pacifica Avenue Sidewalk Project No:0662-6R4111-05 SUBCONTRACTORS:Saw Cutting,Thermo Plastic Striping,Asphalt Pavement,HDPE Drainage,and Trucking. Plans may be reviewed in our office.Please contact estimator for assistance in bonds and insurance. Attn:VINH TRUONG Phone:(510)487-2424 Fax:(510)487-6210 An Equal Opportunity Employer t r SPOSETO ENGINEERING , INC . 4301 BETTENCOURT WAY UNION CITY , CA 94587 ( 510 ) 487 - 2424 FAX ( 5 10 ) 487 - 6210 FACSIMILE TRANSMITTAL SHEET TO: FROM: BID REQUESTS DUNG NGUYEN COMPANY: DATE: California Small Business Alliance 3/9/2006 11:32 AM 3023 E.Myrtle St.,Stockton, CA 95205 FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 209-546-7842 PHONE NUMBER SENDER'S REFERENCE NUMBER: 209-546-7841 RE: RUN DATE(S): 03/14 ***Published Weekly—Tuesdays(deadline Friday) ❑ URGENT ❑FOR REVIEW ❑PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: Sposeto Engineering,Inc.is preparing to bid on the following project(s)as a Prime Contractor. We are requesting sub-bids from qualified,certified MBE/WBE subcontractors and suppliers. BID DATE: March 21,2006 @ 2:00 P.M. Contra Costa County Public Works Department Pacifica Avenue Sidewalk Project No:0662-6R4111-05 SUBCONTRACTORS:Saw Cutting,Thermo Plastic Striping,Asphalt Pavement,HDPE Drainage,and Trucking. Plans may be reviewed in our office.Please contact estimator for assistance in bonds and insurance. Attn:VINH TRUONG Phone:(510)487-2424 Fax:(510)487-6210 An Equal Opportunity Employer t/ I 03/10/2006 12: 27 7607472661 CONSTRUCTION UPDATE PAGE 01/01 PUBLICATION AFFIDAVIT FILE COPY DECLARATION OF PUBLICATION STATE OF CALIFORNIA Suzle Davidson/Art Director SPOSETO ENGINEERING., INC_ 4301,13ettencourt Way, Union City, CA 94587 • Lic. #310292 Spose-to Engineering, Inc_ is preparing to bid on the following project(s) as a Prime Contractor.. We are requesting sub-bids from 4ualified, certified MBE/WBE subcontractors and suppliers for: BID .DATE: MARCH 21, 2006 @ 2:00 P.M. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT PA.CIFICA AVENUE SIDEWALK PROJECT.' NO: 0662-6R4111 .05 SUB CONTRA C- TORS- SAW CUTTING, THERMO PLASTIC STRIPING, ASPHALT PAVEMENT, HDPE DRAINAGE, ,AND TRUCKING. Plans may be reviewed in our office_ Please contact estimator for assistance in bonds and insurance. Attn: VINH TRUONG Phone: (510) 487-2424 Fax: (510) 48'7-623,0 AN EQUAL OPPORTUNITY EMPLOYER The undersigned declares: I am over the age of 18 years and a citizen of the United States.I azn not a party to and have no interest in this matter.I am principal clerk of the publisher of the Construction Up-Date,Inc,and Minority Bidders Bulletin, a trade/ focus publication in the City of San Diego,the County of San Diego, and the State of California.This notice,a true copy hereon, was published on the below date(s):. 1 declare under penality of.perjury that the foregoing is true and correct. Executed at San Diego, California signature co�STgTm DATES PUBLISHED TRADE P UBLICATION FOCUS PUBLICATION ALSO DISPLAYED ON WEB SITE @ http://www.goodfaitheffort.coin Phone Number(858) 487-2600 16885 W. Bernardo Dr.,Suite 335,San Diego, CA 92127 Fax Number(858)487-3500 MAP-17-2,.006 FR I 03:02 PM FAX NO, P. 01 na � � k3 G n � tls m -1 to R m Dtin co n om° ! l � ¢v m o mmrim ow to to cn o 0 � o cmrr ca'n O v z cn - •v v -n mmm m o c C- Cr ns c C ce Phone: 510-222-7125 Fax: 510-222-0972 a.. : r���or�aQuria��tararo a®r�a�'uadc�tirn®ra, urea, March 17, 2006 THOMAS &PRATT HIGHWAY SPECIALTY SERVICES INC 2522 MAY ROAD EL SOBRANTE, CA 94803 ATTN: ESITMATING DEPARTMENT RE: SUB-BID REQUEST: OWNER: Contra Costa County Public Works Department PROJECT: Pacifica Avenue Sidewalk Project No.: 0662-6114111-05 BID DATE: March 21,2006 @ 2:00 PM Subcontractors: SAW CUTTING,THERMO PLASTIC STRIPING,ASPHALT PAVEMENT,HDPE DRAINAGE, AND TRUCKING Sposeto Engineering,Inc. is preparing a bid as a Prime Contractor on the above referenced project, and soliciting bids from j MBE/WBE enterprises and suppliers to participate on this project. If your firm is interested in submitting a quote,please feel free to bid on any item listed that is within your scope of work.When economically feasible, all items of work can and will be divided into small tasks or quantities to permit maximum participation of MBE/WBE business. We encourage subcontractors and/or suppliers submitting prices to utilize minority and women owned businesses.This is a prevailing wage project,payment and performance bond maybe requires. Sposeto Engineering,Inc.would appreciate your interest on the project,if you need assistance with bonding or insurance,as required by the owner, 1p ease contact our office for assistance. Plans and specifications are available from applicable owner or they can be reviewed at our office.Copies of plans and/or specifications can be provided to you at that time-again,please contact our office. Please confirm your intent to bid this project at your earliest convenience,either by fax or phone, it would be very much appreciated. Feel free to contact our office if you have any questions regarding this project. Please advise and fax back to: (510) 487-6210 Thank you, WILL BE BIDDING YES _NO Comments: By: f�f Date: DUNG NGUYEN Please advise whether or not this type of project is within your normal scope of work, so that we may update our files accordingly and eliminate unnecessary mail and fax's burdening your company. 4301 B'ETTENCOURT WAY - U14ION CITY, CA 94587-1519 • LIC. NO. 3102922 TEL. (510).487-2424 FAX (5 10) 487-6210 Phone: 415-821-3890 Fax:415-821-3891 1 NrIMUaeaMoG19m AHIM March 17, 2006 PRECISION TRAFFIC 70 DORMAN STREET SUITE 6B SAN FRANCISCO,CA 94124 ATTN: ESITIMATING DEPARTMENT RE: SUB-BID REQUEST: OWNER: Contra Costa County Public Works Department PROJECT: Pacifica Avenue Sidewalk Project No.: 0662-6R4111-05 BID DATE: March 21,2006 @ 2:00 PM Subcontractors: SAW CUTTING,THERMO PLASTIC STRIPING,ASPHALT PAVEMENT,HDPE DRAINAGE, AND TRUCKING Sposeto Engineering,Inc.is preparing a bid as a Prime Contractor on the above referenced project,and soliciting bids from MBE/WBE enterprises and suppliers to participate on this project. If your firm is interested in submitting a quote,please feel free to bid on any item listed that is within your scope of work.When economically feasible,all items of work can and will be divided into small tasks or quantities to permit maximum participation of MBE/WBE business. We encourage subcontractors and/or suppliers submitting prices to utilize minority and women owned businesses.This is a prevailing wage project,payment and performance bond maybe requires. Sposeto Engineering,Inc.would appreciate your interest on the project,if you need assistance with bonding or insurance,as required by the owner, 1p ease contact our office for assistance. Plans and specifications are available from applicable owner or they can be reviewed at our office.Copies of plans and/or specifications can be provided to you at that time-again,please contact our office. Please confirm your intent to bid this project at your earliest convenience,either by fax or phone, it would be very much appreciated. Feel free to contact our office if you have any questions regarding this project. Please advise and fax back to: (510) 487-6210 Thank you, WILL BE BIDDING YES NO Comments: By: Date: m..t� DUNG NGUYEN Please advise whether or not this type of project is within your normal scope of work, so that we may update our files accordingly and eliminate unnecessary mail and fax's burdening your company. 43011 BETTENCOURT WAY - UNION CITY, CA 94587-1519 • LIC. NO. 390292 TEL (S90) 487-2424 FAX (S 10) 487-6210 Phone: 510-428-1485 - Fax: 510-428-2521 1901A DUSEXI31RU"(5 AND C�OG1�4WlMC�tiPI1C�Inh>OGaca. March 9,2006 Owens Concrete Saw and Company 1155 Ellis St., Suite 5 San Francisco,CA 94109 ATTN: Estimator RE: SUB-BID REQUEST: OWNER: Contra Costa County Public Works Department i PROJECT: Pacifica Avenue Sidewalk Project No.: 0662-6114111-05 BID DATE: March 21,2006 @ 2:00 PM i Subcontractors: SAW CUTTING,THERMO PLASTIC STRIPING,ASPHALT PAVEMENT,HDPE DRAINAGE, AND TRUCKING Sposeto Engineering,Inc.is preparing a bid as a Prime Contractor on the above referenced project,and soliciting bids from MBE/WBE enterprises and suppliers to participate on this project. If your firm is interested in submitting a quote,please feel free to bid on any item listed that is within your scope of work.When economically feasible,all items of work can and will be divided into small tasks or quantities to permit maximum participation of MBE/WBE business. We encourage subcontractors and/or suppliers submitting prices to utilize minority and women owned businesses.This is a prevailing wage project,payment and performance bond maybe requires. Sposeto Engineering,Inc.would appreciate your interest on the project,if you need assistance with bonding or insurance,as required by the owner, 1p ease contact our office for assistance. Plans and specifications are available from applicable owner or they can be reviewed at our office. Copies of plans and/or specifications can be provided to you at that time-again,please contact our office. Please confirm your intent to bid this project at your earliest convenience,either by fax or phone, it would be very much appreciated. Feel free to contact our office if you have any questions regarding this project. Please advise and fax back to: (510) 487-6210 Thank you, WILL BE BIDDING YES _NO Comments: By: Date: DUNG NGUYEN Please advise whether or not this type of project is within your normal scope of work, so that we may update our files accordingly and eliminate unnecessary mail and fax's burdening your company. 4301 BETTENCOIURT WAY - UNION CITY,CA 94587.1.51.9 o LIC. NO. 310292 TEL, (510).487-2424 FAX (510) 487-6210 Phone: 510-791-1969 Fax: 510-791-7294 ® w.rA aosse%eram moa(5 pm aocae4otm�tirn®cin nra a, 0z March 9,2006 Precision Concrete Sawing 141 D Street Fremont,CA 94536 ATTN: Estimator RE: SUB-BID REQUEST: OWNER: Contra Costa County Public Works Department PROJECT: Pacifica Avenue Sidewalk Project No.: 0662-6114111-05 BID DATE: March 21,2006 @ 2:00 PM i Subcontractors: SAW CUTTING,THERMO PLASTIC STRIPING,ASPHALT PAVEMENT,HDPE DRAINAGE, AND TRUCKING i Sposeto Engineering,Inc. is preparing a bid as a Prime Contractor on the above referenced project,and soliciting bids from MBE/WBE enterprises and suppliers to participate on this project. If your firm is interested in submitting a quote,please feel free to bid on any item listed that is within your scope of work.When economically feasible,all items of work can and will be divided into small tasks or quantities to permit maximum participation of MBE/WBE business. We encourage subcontractors and/or suppliers submitting prices to utilize minority and women owned businesses.This is a prevailing wage project,payment and performance bond maybe requires. Sposeto Engineering,Inc.would appreciate your interest on the project,if you need assistance with bonding or insurance,as required by the owner, 1p ease contact our office for assistance. Plans and specifications are available from applicable owner or they can be reviewed at our office. Copies of plans and/or specifications can be provided to you at that time-again,please contact our office. Please confirm your intent to bid this project at your earliest convenience,either by fax or phone, it would be very much appreciated. Feel free to contact our office if you have any questions regarding this project. Please advise and fax back to: (510) 487-6210 Thank you, WILL BE BIDDING YES NO Comments: By: Date: Y7" DUNG NGUYEN Please advise whether or not this type of project is within your normal scope of work, so that we may update our files accordingly and eliminate unnecessary mail and fax's burdening your company. 4301 BETTENCOURT WAY - U1410N CITY, CA 94587-9519 - LIC. NO. 310292 / TEL (S 10) 487-2424 FAX (S 10) 487-6210 Phone: (559) 651-1055 - Fax: 559 651-1118 Via a g�c�or�aam�ur��rara�+a�Gsa4wd6vnc�,cu,nava, March 9, 2006 Safety Stiping Service,Inc. 6868 Avenue 305 Goshen,Ca 93227 ATTN: Paul Vitale RE: SUB-BID REQUEST: OWNER: Contra Costa County Public Works Department PROJECT: Pacifica Avenue Sidewalk Project No.: 0662-6114111-05 BID DATE: March 21,2006 @ 2:00 PM Subcontractors: SAW CUTTING,THERMO PLASTIC STRIPING,ASPHALT PAVEMENT,HDPE DRAINAGE, AND TRUCKING i Sposeto Engineering,Inc. is preparing a bid as a Prime Contractor on the above referenced project,and soliciting bids from MBE/WBE enterprises and suppliers to participate on this project. If your firm is interested in submitting a quote,please feel free to bid on any item listed that is within your scope of work.When economically feasible,all items of work can and will be divided into small tasks or quantities to permit maximum participation of MBE/WBE business. We encourage subcontractors and/or suppliers submitting prices to utilize minority and women owned businesses.This is a prevailing wage project,payment and performance bond maybe requires. Sposeto Engineering,Inc.would appreciate your interest on the project,if you need assistance with bonding or insurance,as required by the owner,lease contact our office for assistance. Plans and specifications are available from applicable owner or they can be reviewed at our office.Copies of plans and/or specifications can be provided to you at that time-again,please contact our office. Please confirm your intent to bid this project at your earliest convenience,either by fax or phone, it would be very much appreciated. Feel free to contact our office if you have any questions regarding this project. Please advise and fax back to: (510) 487-6210 Thank you, WILL BE BIDDING YES ,NO Comments: By: Date: DUNG NGUYEN Please advise whether or not this type of project is within your normal scope of work, so that we may update our files accordingly and eliminate unnecessary mail and fax's burdening your company. 4301 BETTENCOURT WAY • UNION CITY, CA 94587-15'{9 . LIC. NO. 310292 TEL (510) 487-2424 FAX (5 10) 487-6210 03/09/2006 13:01 FAX 510 487 6210 SPOSE'kO.,ENGINEERING 0001 TX REPORT TRANSMISSION OK TX/RX NO 2918 CONNECTION TEL 15104282521 SUBADDRESS CONNECTION ID ST. TIME 03/09 13:00 USAGE T 00'38 PGS. SENT I RESULT OK Phone, 510-428-1485 Fax: 510-428-2521 March 9,2006 Owens Concrete Saw and Company 11.55 Ellis St.,Suite 5 San Francisco,CA 94109 ATTN: Estimator RE: SUB-BID REQUEST: OWNER: Contra Costa County Public Works Department PROJECT-. Pacifica Avenue Sidewalk Project No.:0662-684111-05 BED DATE; March 21,2006 @ 2:00 PM Subcontractors: SAW CUTTING,T14ERM0 PLASTIC STRIPING,ASPHALT PAVEMENT,HDPE DRAINAGE, AND TRUCKING Sposeto Engineering,Inc.is preparing a bid as a Prime Contractor on the above referenced project,and soliciting bids from MBE/WBE enterprises and suppliers to participate on this project. If your firm is interested in submitting a quote,please feel free to bid on any item listed that is within your scope of work. When economically feasible,all items of work can and will be divided into small tasks or quantities to permit maximum participation of MBE/WBE business. We encourage subcontractors and/or suppliers submitting prices to utilize minority and women owned businesses.This is a prevailing wage project,payment and performauce bond maybe requires. Sposeto Engineering,Inc,would appreciate your interest on the project,if you need assistance with bonding oruislurance,as required by the owner,please contact our office for assistance, Plans and specifications are available from applicable owner Or they can be reviewed at our office. Copies of plans and/or specificatiow;can be provided to you at that time-again,please contact our office. Please confirm your intent to bid this project at your earliest convenience,either by fax or phone, it would be very much appreciated. Feel free to contact our office if you have any questions regarding this project. Please advise and fax back to: (510) 487-6210 Thank you, WILL BE BIDDDIG YES NO Conunents,. I 03/09/2006 13:03 FAX 510 487 6210 SPOSETO ENGINEERING 2001 TX REPORT TRANSMISSION OK TX/RX NO 2920 CONNECTION TEL 15596511118 SUBADDRESS CONNECTION ID ST. TIME 03/09 13:03 USAGE T 00'39 PGS. SENT 1 RESULT OK I'bone:(559)651-1055 Fax:(559)651 11 IS m , March 9,2006 Safety Stiping Service,Inc- 6868 Avenue 305 Goshen,Ca 93227 ATTN: Paul Vitale RF.: SUB-BID REQUEST: OWNER: Contra Costa County Public Works Department PROJECT: Pacifica Avenue Sidewalk Project No.: 0662-6114111-05 RU)DATE,: March 21,2006 @ 2:00 PM Subcontractors: SAW CUTTING,THERMO PLASTIC STRIPING,ASPHALT PAVEMENT,HDPE DRAINAGE, AICD TRUCKING Sposeto Engineering,Inc.is preparing a bid as a Prime Contractor on the above referenced project, and soliciting bids#tom MBE/W.BE enterprises and suppliers to participate on this project- 1f your firm is interested in sub-nutting a quote,please feel free to bid on any item listed that is within your scope of work-When cconomi.cally feasible, all items of work can and will be divided into small tasks or quantities to penxxit maximum participation of MBE/WBE business- We encourage subcontractors and/or suppliers submitting prices to utilize minority and women owned businesses.This is a prevailing wage project,paymeot and performance bond maybe requires. Sposeto Engineering,Inc.would appreciate your interest on the project,if you weed assistance with bonding or insurance,as required by the owner, IL1 ease contact our office for assistance. Plans and specifications are available from applicable owner or they can be reviewed at our office. Copies of plans and/or specifications can be provided to you at that time-again,please contact our office. Please confirm your intent to bid this project at your earliest convenience,either by fax or phone, it would be very much appreciated. Feel free to contact our office if you have auy questions regarding this project. Please advise and fax back to: (510) 4876210 Tbank you, WILL BE BIDDING YES _NO Comments: 03/09/2006 13:02 FAX 510 487 6210 SPOSET6 ENGINEERING 001 TX REPORT TRANSMISSION OK TX/RX NO 2919 CONNECTION TEL 15107917294 SUBADDRESS CONNECTION ID ST. TIME 03/09 13:01 USAGE T 00'52 PGS. SENT 1 RESULT OK Phone: 510-791-1969 Fax: 510-791-7294 V I& AND C*KVV11940TR*-%,Mro. March 9,2006 Precision Concrete Sawing 141 D Street Fremont, CA 94536 ATTN: Estimator RE: SUB-131D REQUEST: OWNER: Contra Costa County Public Works Dc�partment PROJECT: Pacifica Avenue Sidewalk Project No.: 0662-68.4111-05 RED DATE: March 21,2006 @ 2;00 PM Subcontractors: SAW CUTTING,THERMO PLASTIC STRIPING,ASPHALT PAVEMENT,HDPE DRAINAGE, AND TRUCKING Sposeto Engineering,Inc.is preparing a bid as a Prime Contractor on the above referenced project,and soliciting bids from M.PE1WBE enterprises and suppliers to participate on this project. If your ifum is interested in submitting a quote,please feel free to bid on any item listed that is within your scope of work.When economically feasible, all items of work can and will be divided into small tasks or quantities to permit maximum participation of MBE/WBE business. We encourage subcontractors and/or suppliers submitting prices to utilize minority and women owned businesses.This is a prevailing wage project,payment and performance bond maybe requires, Sposeto Engineering,Inc.would appreciate your interest on the project, if you need assistance with bonding or insurance,as required by the owner,21eM contact our office for assistance, Plans and specifications are available from applicable owner or they can be reviewed at our office.Copies of plans and/or specifications can be provided to you at that time-again,please contact our office. Please confirm your intent to bid this project at your earliest convenience,either by fax or phone, it would be very much appreciated- Feel free to contact our office if you have any questions regarding this project, Pleaseadviseand fax back to: (510-487-6210 TbaT7k you, WILL BE BIDDING YES —NO Comments: I 03/09/2006 11:47 FAX 510 487 6210 SPOSETO ENGINEERING Xool Irr TX REPORT xrr :s:�x�x:t�:�:+:�::s:x�:s:s:��:�:s•x.:�:s•x. TRANSMISSION OK TX/RX NO 2914 CONNECTION TEL 12095467842 SUBADDRESS CONNECTION ID ST. TIME 03/09 11:46 USAGE T 00'45 PGS. SENT 1 RESULT OK SPOSETO ENGINEERING , INC _ 4301 BETTENCOURT WAY UNION CITY , CA 94587 ( 510 ) 487 - 2424 PAX ( 510 ) 487 - 6210 PACSIMILE TRANSMITTAL 5HFUET TO: FROM; BID REQUESTS DUNG NGUYEN COMPANY: DATE: Califomia Small Business,Alliance 3/9/200611:32 AM 3023 E.Myrtle St,Stockton, CA 95205 FAX NUMBER; TOTAL NO.OF PAGES INCLUDING COVER; 209-546-7842 PHONE NUMB KR SENDER'S REFERENCE NUMBER: 209-546-7841 RE: RUN DATE(S): 03/14 _ Published Weekly—Tuesdays(deadline Friday) ❑ URGENT ❑ FOR REVIEW ❑ PLEASE.COMMENT ❑PLEASE REPLY ❑PLEASE RICYC[.E NOTES/COMMENTS: Sposeto lingiueerirlg,Inc,is preparing to bid on the following pzoject(s)as a Prime Contraetoz. We are requesting sub bids from qualifI4 certified KBE/WBE subcontractors and suppliers. BID DATE: March 21,,2006(,2:00 PX. Contra Costa County Public Works Department Pacifica Avenue Sidewalk Project No:0662-684111-05 SUBCONTRACTORS:Saw Cutting,Thermo Plastic Striping,Asphalt Pavement,B DPE Drainage,and Trucldng. Plans n)ay be reviewed in our office.Please contact estimator for assistance in bonds and insurance. Attn:VINH TRVONG Phone:(510)487-2424 Fax:(510)487-6210 03/09/2006 11:45 FAX 510 487 6210 SPOSETO.ENGINEERING Q001 :k:k�:;k k;F::f:;k'k•:k:k;kk•:k%k:k%k%Y•%k%k:k xkk TX REPORT kkx TRANSMISSION OK TX/RX NO 2913 CONNECTION TEL 17607478661 SUBADDRESS CONNECTION ID ST. TIME 03/09 11:45 USAGE T 00 '35 PGS. SENT 1 RESULT OK SPOSETO ENGINEERING , INC . 4301 SETTENCOURT WAY UNION CITY , CA 94587 ( 510 ) 487 - 2424 FAX ( 510 ) 487 - 6210 FACSIMILE TRANSMITTAL SHEET TO: FROM: BID REQUEST DUNG NGUYEN COMPANY: DATE: CONSTRUCTION UPDATE/ 3/9/200611:33 AM MINORITY BIDDERS BULLETIN FAX NUMBER: TOTAL No.OF PAGES INCLUDING COVER: 760747-8661 PHONB NUMBER STNDL'R'S REFERENCE NUM13@R: 760-745-6144 RE: ADS TO RUN: 03/13 &3/16 ** Ad Request Deadline 4:OOPM on: WEIR for THURS I FRT for. MON 0 URGENT ❑POR REVIEW El PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASF,.RECYCLE N'OT)-S/COMMENTS: Sposeto Engineering,Inc.is preparing to bid on the following projects)as a Pria&CQntractor. We are requcsting sub bids from qualified,certified MBENME subcontractors and suppliers. BID DATE: March 21,2006[a3 2,00 P.M. Contra Costa County Public Works Department Pacifica Avenue Sidewalk Project No:0662-6R4111-05 SUBCONTRACTORS:Saw Cutting,Thermo Plastic Striping,Asphalt Pavement,HDPE Drainage,and Trucking, Plans may be reviewed zn our office,Please contact estYmator for assistauce in bonds and insurance. Attn:VM1 TRU ONG Phone:(510)487-2424 Fax:(51.0)4576210 03/17/2006 10: 59 FAX 510 487 6210 SPOSETO ENGINEERING 10 00t TX REPORT TRANSMISSION OK TX/RX NO 3067 CONNECTION TEL 15102220972 SUBADDRESS CONNECTION ID ST. TIME 03/17 10:59 USAGE T 00'37 PGS. SENT I RESULT OK Phone-, 510-222-7125 Fax, 510-222-0972 J.I. (- g&lva SMOMMMOVO AND C296aMYN404MON,MC, March 17,2006 THOMAS&PRATT HIGHWAY SPECIALTY SERVICES INC 2522 MAY ROAD EL SOBRANTE,CA 94803 ATTN: ESITMATING DEPARTMENT RE: SUB-131D REQUEST: OWNER: Contra Costa County Public Works Department PROJECT: Pacifica Avenue Sidewalk Project No.:0662-6R4111-05 )BID DATE: March 21,2006 @ 2:00 PM Subtontraclars: SAW CUTTING,THERMO PLASTfC STRIPING,ASPHALT PAVEMENT,HDPE DRAINAGE, AND TRUCKING Sposeto Engineering,Inc.is preparing a bid as a Prime Contractor on the above referenced project,and soliciting bids from MBE/WBE enterprises and suppliers to participate on this project. If your firm is interested in submitting a quote,please feel free to bid on any item listed that is within your scope of work.When economically feasible,all items of work can and will be divided into small tasks or quantities to permit maximum participation of MBE/WBE business. We encourage subcontractors and/or suppliers submitting prices to utilize minority and women owned businesses.This is a prevailing wage project,payment and performance bond maybe requires. Sposeto Engineering,Inc.would appreciate your interest on the project,if you need assistance with bonding or insurance,as required by the owner, 1p e4sLe contact our office for assistance. Plans and specifications are available from applicable owner or they can be reviewed at our office.Copies of plans and/or specifications can be provided to you at that time-again,please contact our office. Please confirm your intent to bid this project At your earliest convenience,either by fax or phone, it would be very much appreciated. Feel free to contact our office if you have any questions regarding this project. Please advise and fax back to: -(510) 487-6210 Thank you, WILL BE BIDDING YES —NO 03/17/2006 11:05 FAX 510 487 6210 SPOSETO ENGINEERING 0 001 �sxxTX REPORT **s xx�xsx:�xaxxxxax*�xxxx TRANSMISSION OK TX/RX NO 3070 CONNECTION TEL 14158213891 SUBADDRESS CONNECTION ID ST. TIME 03/17 11:05 USAGE T 00'38 PGS. SENT 1 RESULT OK Phone:415-821-3890 Fax: 415-821-3891 y f�Md.I1HIfa;R]�IMi a�l�NMRRue'frl�wo INS• Manch 17,2006 PRECISION TRAFFIC 70 DORMAN STREET SUITE 6B SAN FRANCISCO, CA 94124 ATTN: ESITIMATING DEPARTMENT RE: SUB-BID REQUEST: OWNER: Contra Costa County Public Works Department PROJECT: Pacifica Avenue Sidewalk Project No.:0662-6R4111-05 BID DATE: March 21,2006 @ 2:00 PM Subcontractors: SAW CUTTING,THERMO PLASTIC STRIPING,ASPHALT PAVEMENT,HDPE DRAINAGE, AND TRUCKING Sposeto Engineering,Inc.is preparing a bid as a Prime Contractor on the above referenced project,and soliciting bids from j MBE/WBE enterprises and suppliers to participate on this project. If your furn is interested in submitting a quote,please feel free to bid on any item listed that is within your scope of work.When economically feasible, all items of work can and will be divided into small tasks or quantities to permit maxirnurn participation of MBE/WBE business. We encourage subcontractors and/or suppliers submitting prices to utilize minority and women owned businesses.This is a prevailing wage project,payment and performance bond maybe requires_ Sposeto Engineering,Inc,would appreciate your interest on the project,if you need assistance with bonding or insurance,as required by the owner, Ip ease contact our office for assistance, Plans and specifications are available from applicable owner or they can be reviewed at our office.Copies of plans and/or specifications can be provided to you at that time-again,please contact our office. Please confirm your intent to bid this project at your earliest convenience,either by fax or phone, it would be very much appreciated. Feel free to contact our office if you have any questions regarding this project. Please advise and fAx back to: (510) 487-6210 Thank you, WILL BE BIDDING YES NO Comments: `0 a � N � N 0 N Z d O CL < o C Q M o X W U) O o S CdF- U O L O "C7 ~ m U W U H� w U od Zw O_ 00 J w Q W 2� �-U U)z Q0 oU UQ wa E-0 w¢ �W UU OaU C. 't J 7 2 Cl) aU QZ O Q Q> O_ S Q Q w z� O aU Q o z o� z rn rn Q U Q co O o • m -j (3) O o O J co IL 00 LLco U) N yU a Cl) qZ o Q U qZ o LC m Q m F- LL N H 000 W m s `r U W ~ p O N Z N W Q F No UU o O j o 0 z W o U U H w M a� W Q J Q OU 00 y W J a) 00N F N U CJ J w O N a0 W N 0 U O w O Q O Q C M N13� J W O ,-- z O W (, W z N m O N O Q. W CO p Cl) N Q Cl) m m m O Q N r` Q m uo m <r w o o cl) m C7 N � Q rn r- o r. 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LLLL000Z ..� C� coiipQQUNNU W U b a� M 0 � o N ± R � 2 3 � 2 m k , \ % 3 J � J \ � � \ \ y � � \ k / � I � \ � \ % - & 9 � / ƒ k � � � f 5 5 � \ / S * ƒ � � k � o @ % f C,4 2 w + � � � -z y . % /f6 \ o S ® � . m / ^ a _ « ® k o � » � o \ 3ok � i � � 4 20 g \ $ $ 2 \3 = � / f $ Q Unified Certification Program http://www.dot.ca.gov/ucpquery/QuerySubmit.do Search Returned 3 Records Thu Mar 1612:25:53 PST 2006 Firm ID 34941 DBA Name CALIFORNIA TRAFFIC MAINTENANCE Address Line1 641 N.KEYSTONE STREET,UNIT D Address Line2 City BURBANK State CA Zip Code1 91505 Zip Code2 Certification Type DBE EMail crmcorp@aol.com Area Code (818) Phone Number 954-8271 Fax Area Code (818) Fax Phone Number 954-9266 Agency Name CITY OF LOS ANGELES Counties 00; Districts 00; NAICS 237310; Work Codes Licenses A General Engineering Contractor;C32 Parking and Highway Improvement Contractor; Gender M 5 Firm ID 20 DBA Name DIRT&AGGREGATE INTERCHANGE,INC Address Line1 20905 N.E.SANDY BOULEVARD Address Line2 City TROUTDALE State OR Zip Code1 97024 Zip Code2 9772 Certification Type DBE EMail Area Code (503) Phone Number 661-5093 Fax Area Code (503) Fax Phone Number 669-1192 Agency Name DEPARTMENT OF TRANSPORTATION Counties 00; Districts 00; NAICS 238910;238990; Work Codes C1601 CLEARING&GRUBBING;C1901 ROADWAY EXCAVATION;C8391 METAL BEAM BARRIER;C1920 STRUCTURE EXCAVATION;C8330 METAL RAILING; Licenses C32 Parking and Highway Improvement Contractor; Gender M 1 Firm ID 31176 DBA Name GLOBAL ROAD SEALING,INC Address Line1 6341 KLAMATH DR. Address Line2 City WESTMINSTER State CA Zip Code1 92683 Zip Code2 Certification Type DBE EMail Area Code (714) Phone Number 893-0845 Fax Area Code (714) 1 of 4 3/16/2006 12:43 PM Unified Certific,tion Program http://www.dot.ca.gov/ucpquery/QuerySubmit.do Fax Phone Number 893-0945 Agency Name DEPARTMENT OF TRANSPORTATION Counties 00; Districts 00; NAILS 237310;238210;238910; C1601 CLEARING&GRUBBING;C9980 DEMOLITION;C1201 TRAFFIC CONTROL SYSTEM;C1930 Work Codes STRUCTURE BACKFILL;C4101 PAVEMENT SUBSEALING&JACKING;C9858 RESIDENTIAL ELECTRICAL; C1901 ROADWAY EXCAVATION;C1940 DITCHES EXCAVATION;C1920 STRUCTURE EXCAVATION; Licenses C10 Electrical Contractor;C32 Parking and Highway Improvement Contractor; Gender M 1 Firm ID 102 DBA Name PAYCO SPECIALTIES,INCORPORATED Address Line1 120 NORTH SECOND AVE. Address Line2 City CHULA VISTA State CA Zip Code1 91910 Zip Code2 Certification Type DBE EMail Area Code (619) Phone Number 422-9204 Fax Area Code (619) Fax Phone Number 427-1620 Agency Name DEPARTMENT OF TRANSPORTATION Counties 00; Districts 00; NAILS 237310;238990; Work Codes Licenses B General Building Contractor;C32 Parking and Highway Improvement Contractor; Gender F 4 Firm ID 35207 DBA Name PRECISION TRAFFIC Address Line1 70 DORMAN STREET,SUITE 6B Address Line2 City SAN FRANCISCO State CA Zip Code1 94124 Zip Code2 Certification Type DBE Entail Precisiontraffic@sbcgolbalnet Area Code (415) Phone Number 821-3890 Fax Area Code (415) Fax Phone Number 821-3891 Agency Name SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY Counties 00; Districts 00; NAICS 237310; Work Codes Licenses C32 Parking and Highway Improvement Contractor; Gender F 1 Firm ID 32232 DBA Name STATEWIDE STRIPES,INC Address Line1 7192 MISSION GORGE ROAD Address Line2 City SAN DIEGO State CA 2 of 4 3/16/2006 12:43 PM Unified Certification Program http://www.dot.ca.gov/ucpquery/QuerySubmit.do Zip Code1 92190 Zip Code2 Certification Type DBE EMail Area Code (858) Phone Number 560-6887 Fax Area Code (858) Fax Phone Number 560-0158 Agency Name CITY OF SAN DIEGO Counties 00; Districts 00; NAICS 238320;238910;238990; C1601 CLEARING&GRUBBING;C9830 WALL COVERING;C9980 DEMOLITION;C1930 STRUCTURE Work Codes BACKFILL;C9854 PAINTING STRUCTURES;C1901 ROADWAY EXCAVATION;C1940 DITCHES EXCAVATION;C1920 STRUCTURE EXCAVATION; Licenses C32 Parking and Highway Improvement Contractor;C33 Painting and Decorating Contractor; Gender M 5 Firm ID 31856 DBA Name T L SMITH,INC Address Line1 5120 NORTH LA CHOLLA Address Line2 City TUCSON State AZ Zip Code1 85705 Zip Code2 Certification Type DBE EMail Area Code (520) Phone Number 293-1616 Fax Area Code (520) Fax Phone Number 293-1768 Agency Name DEPARTMENT OF TRANSPORTATION Counties 00; Districts 00; NAICS 237310;238390;238990; Work Codes C9839 CARPET&DRAPES;C9903 CONSTRUCTION CLEAN UP; Licenses C32 Parking and Highway Improvement Contractor;D06 Concrete Related Services; Gender F 4 Firm ID 30497 DBA Name THOMAS&PRATT HIGHWAY SPECIALTY SERVICES,INC. Address Line1 2522 MAY ROAD Address Line2 City EL SOBRANTE State CA Zip Code1 94803 Zip Code2 3129 Certification Type DBE EMail Area Code (510) Phone Number 222-7125 Fax Area Code (510) Fax Phone Number 222-0972 Agency Name DEPARTMENT OF TRANSPORTATION Counties 00; Districts 00; NAICS 237310;238990;541618;561499; C8700 CONSULTANT;C8712 PUBLIC RELATIONS;C8730 SAFETY STUDIES;C8701 BUSINESS Work Codes ADMINISTRATION;C8770 CONSTRUCTION MANAGEMENT;18990 SERVICES,NEC;18740 MANAGEMENT& PUBLIC RELATIONS;17380 MISC BUSINESS SERVICES;C8702 MANAGEMENT INFORMATION SYSTEMS; Licenses C31 Construction Zone Traffic Control Contractor;HIC Home Improvement Certification;D42 Sign Installation; C32 Parking and Highway Improvement Contractor; 3 of 4 3/16/2006 12:43 PM Unified Certification Program http://www.dot.ca.gov/ucpquery/QuerySubmit.do Gender M 5 Firm ID 12886 DBA Name TRAFFIC LOOP CRACKFILLING INC. Address Line1 946 S.EMERALD STREET Address Line2 City ANAHEIM State CA Zip Code1 92804 Zip Code2 2513 Certification Type DBE EMail Area Code (714) Phone Number 520-4026 Fax Area Code (714) Fax Phone Number 520-4027 Agency Name DEPARTMENT OF TRANSPORTATION Counties 00; Districts 00; NAILS 237310;238110;238120;238990; Work Codes C3930 PAVEMENT REINFORCING FABRIC;C5570 STEEL CRIB WALL;C3910 PAVING ASPHALT(ASPHALT CONCRETE);C5501 STEEL STRUCTURES; Licenses C32 Parking and Highway Improvement Contractor;C10 Electrical Contractor; Gender M 1 Back To Query Forth 4 of 4 3/16/2006 12:43 PM � � 4 ,o Pa � t C4 , d00 N p to v � S cs tt y w o� Q cn all, U G 41 i O v W V .n � y +' �' •`""� G Hca !� �A U � C7 A A W A A w q q O w O U J 00 N ?4 N N M o v� rn M •--� 01 .-�00 00 kn W O N hh�rr/'�I O N N O N 00 O a _O N vA (00 7 kr) cl z CIO zv) wzQw wzQw � CD N v v a/ o� rn cu (1) U U U z v w ° z � o z H � N p N Ri � QV] C�1] U cl ¢ aw C) U U 0 � Cx7W >a' U � c• G d .f1 p t/1 O y �G O to V i` G R G � R a IrlN •tt\ MO's fn y rA ai v, (7 t� d y r G a N � � N o � P+ 0 o, <r 66 d• � � O � � O Uy C6 Y. 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PACIFICA AVENUE SIDEWALK Project No.: 0662-6R4111-05 Bids Due: March 21, 2006 To the Board of Supervisors of Contra Costa County Martinez, California PROPOSAL FOR PACIFICA AVENUE SIDEWALK Name of bidder �Bmxe Cine 6ir 1 _ -" Pavircifinc. Business addres ") WR-13 �- Ave, "' nCDY�� �'-A- u -jKMailing address • ©` x 6421 , Cdr)CO0 , (ten a(452�4 Business Phone Ca25J ( a© Fax Number �a � 69 �7-0 L4 Contact �rU�i CF.Y17� 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: l 4 Pacifica Avenue Sidewalk Item Bid Item Description Unit Quantity Unit Price Total No. (in Figures) (in Figures) 1 Construction Area Signs L.S. 1 - 2 Traffic Control System L.S. 1S"Gb 3 Relocate Mailboxes (Group of 7) L.S. 1 a 7t 4 Relocate Roadside Signs EACH 8 5 Modify Drainage Inlet EACH 1 DQ7OD� — 6 Clearing and Grubbing L.S. 1ppd 7 Roadway Excavation (F) C.Y. 170 8 Asphalt concrete (Type B, 1/2" MAX.) TON 94 .3 zf$ — 32-7/2 9 Minor Structure (Type D Inlet) EACH 1 2Z ;?Ogg 10 Minor Structure (Type F Inlet) EACH 1 11 12" HDPEP L.F. 3 /D�il8 12 18" HDPEP L.F. 102 13 12" Plastic Flared End Section EACH 1 14 . Minor Concrete (S1-6 Curb) L.F. 840 31, 15 Minor Concrete (Sidewalk) S.F. 5,200 /3�� �D 98a 16 Minor Concrete (Valley Gutter) S.F. 192 27 $'/8Y 17 Detectable Warnings (Surface Applied) S.F. 48 7y" 3S y 18 Thermoplastic:Traffic Stripe (Detail 2) L.F. 11 19 Thermoplastic Traffic Stripe (Detail 22) L.F. 11 20 Thermoplastic Traffic Stripe (Detail 27B) L.F. 154 21 ThermoplasticTraffic Stripe (12" White) L.F. 135 73S 22 Thermoplastic Traffic Stripe (12" Yellow) L.F. 278 5-tf 23 Thermoplastic Traffic Stripe (24" Yellow) L.F. 148 Z;K /Z`�i Sz 24 Thermoplastic Pavement Marking S.F. 44 s' S`� 03,9 B® BRUCE CARONE TOTAL GRADING & PAVING, INC. P.O. Box 5427 Concord, CA 945240427 2 i 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. 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. In case of a discrepancy between unit prices and totals, the unit prices shall prevail. For lump sum(LS)items,the total shall prevail. It is understood and agreed that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the Agency to increase or decrease the amount of work under any item as may be required, in accordance with provisions set forth in the specifications for this project. -It is fin-cher understood and agreed that the total amount of money set forth for each item of work or as the total amount bid for the project, does not constitute an agreement to pay a lump sum for the work unless it specifically so states. It is hereby agreed that the undersigned, as bidder, shall furnish a Payment Bond in an amount equal to one hundred percent of the total amount of this proposal and a Faithful Performance Bond to be one hundred percent of the total amount of this proposal, to the Agency and at no expense to said Agency, executed by a responsible surety acceptable to said Agency in the event that this proposal is accepted by said Agency. If this proposal shall be accepted and the undersigned shall fail 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, within seven (7) days, not including Sundays, after the bidder has received notice from the Board of Supervisors that the contract is ready for signature, the Board of Supervisors may, at its option, determine that .the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Agency. 3 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 24% Minimum (MSM) Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335-1045. 4 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. 5 Ga. ICA r C-It o � o � 0 TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID FUCe G:mne.., ,being first duly sworn, deposes and says (Name) that he or she is " ` of � � 1'One C� j av t rq (Title,position in Company) (Name of Company) C,, 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." (Signature of Bidder) State of Ca4fornia ) ACKNOWLEDGEMENT(By Individual,Partnership or County or )ss r oration The personal signing above fo �%'�, known to me individual and business capacities as stated, personally appeared before me today and acknowledged that he/sKe/Ny 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: 2 Signature: Name(Typed or Printed) (This area for official notarial seal) 7 r = � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �1` Cos_ ss. On ©a!©�/ �� before me, Sa� `na � �jwic Date Name and Title of Officer(e.g.,"Jane Doe,Notary Publi" personally appeared Bruce Cc u-one Namet<of Signer personally known to me ❑ 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 S/1BRMASic 517UERA authorized capacity(ies), and that by his/her/their �*1signature(s) on the instrument the person(s), or the C1XftC0d0 entity upon behalf of which the person(s) acted, M!►Cana�.009 executed the instrument. W T E J ;Xan4Zcial seal. Place Notary Seal Above � Signature of Notarybli 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 Documen Title or Type of Document: y4m C O 1Ve1W t mnDw Document Date: oz" a & Number of Pages: Signer(s) Other Than Named Above: N I, N Capacity(ies) Claimed b Signer(s) Signer's Name: Signer's Name: Vndividual ` El Individual Corporate Officer—Title(s): 1 ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General VIC,11,11 811IN 4 IT4 _ ❑ Partner—❑ Limited Ll General ❑ Attorneyin Fact . Top of thumb here ❑ Attorney in Fact ' El Trustee El Trustee Top of thumb here -❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Representing: Signer Is Representing: _ � 61mm '# RM IfAOf r n[- 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 For bids exceeding $25,000, accompanying this proposal is a Proposal Guaranty in the amount of Ten 10 Percent of Amount Bid (Cashier's Check, Certified Check or idder's Bond acc to l 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. 6-kXe 6=ne6t iy i ,Inc- ;Bruce, Oct rune yPr � T 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.330261 Class: (Expires Oq-3o"Zao,G J. 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: --T ignature of Bidder Business address R O E�px 6W7, Place of residence Date lV1GLYC/V` i 2000 8 SAMPLE BID BONA Bond No. A814792 KNOW ALL BY'THESE PRESENTS: That we, Bruce Carone Grading & Paving, Inc. Financial Pacific Insurance Company as Principal, and , a corporation organized and existing under the laws of the State of CA 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 o the bid Dollars lawful mone`r of the United States of America, for the payment of which sura well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, E►rmly by these presents. WHEREAS, the Principal has submitted a bid for Pacifica ,Avenue Sidewalk 0662-6R4111-05 (Project Nami;) (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 1he faithful performance of such contract, or in the event of the failure of the Principal to enter int) such contract and give suchbond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof;', between the arnount 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 13 day of March '2006 . (SEAL) (SEAL) Bruce Carone Grading_& Paving, Inc. Financial Pacific Insurance any (Prin(;ipal) (Surety) Br afore) gnature)ZJOJ. Daley - rney-In-Fact (SEAL AND ACKNOWLEDGMENT OF NOTARY) 0:\(3rpt)3m\Dcsip\CTSPEC\O5specs\PicificaAvenue SidCW k_Rap.doc5/i/O1 *Contra Costa County Public Works 9 STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA On March 13, 2006 beforeme, TANYA CHINCHILLA, NOTARY PUBLIC PERSONALLY APPEARED JOHN J. DALEY personally known to me(orqr-ovad ta+ne on->l�e-psis a set�i eetary 1-4donc-e)to be the person(&)whose name(r)is/are subscribed to the within instrument and acknowledged to me that he%heA*ey executed the same in his/her/thefr authorized copacity(ies),and that by hiAethheif- a , signature(&)on the instrument the person(.&), or the entity upon behalf TANYA CHINCHILLA of which the person(*)acted, executed the instrument. Commission# 1375153 p ° Notary Public - California WITNESS my hand and official seal. G s- Contra Costa County My Comm.Expires Sep 16,2006 Signature This area for Oficial Notarial Seal 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 Bid Bond TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL One KO1) ®,ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: March 13, 2006 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Financial Pacific Insurance Company N/A SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER B814792 POWER NUMBER 814792 PRINCIPAL Bruce Carone Grading & Paving Inc. PENALSUM Ten Percent -of the total Amount Bid (10%) KNOW ALL MEN BY THESE PRESENTS,that Financial Pacific Insurance Company,a California corporation(the "Company"), does hereby make,constitute and appoint: John J. Daley, M.R. Prenger, L.B.Barnett its true and lawful Attorneym s-in-Fact,with limited power and authority for and on behalf of the� nil5oy a�snr&ty,to execute,deliver and affix the seal of the Company thereto if a seal is required on bonds,undertakings recogzadVes t i�,�otk er,ftittvn 6Mgations in the nature"thereof as Bid, Performance, Payment, Subdivision ani Miscell n d B,d-j 45ap to 519500,000.00 and to bind the Company thereby.' This Power of Attorneys rs sagned�argd sealed by fcurte eundr and by the authority of the following resolutions adopted by the Board of Directors of Finan p al Pactft�e iu mlaauy at the tfle to duly.held July 6,1995,which are now in full force and effect: , RESOLVED,�t gt tho Presrderit or any tce�President tit�eonJunction�wtth fklep ecretar z,orlahy,Assistant Secretary, may appoint attorneys-in-fact or ag tts v tth authors as def> ed or ilm466ju 111 tllstrurtt�nt cut o'ng the appointment n each case,for and on behalf of the Company,to execute andkdeljlrer�au P affix�the seal othe" o�npu tzr;bond5, tiiCle g wins recognizances�sand su7etyship obligations of all kinds;and said officers may remove dnyisuch atfortl y iri Iaetto age tC�a d a�evol e RZ any�po � iaf aCfctrney previous y grk6f dsuch person. �.,,. �y, & "� ' r �€ +"y s,�„ �,�� ,�,,� may RESOLVEi7 FURTHER, that any ar �and a g re ognzanCeTlof,sS' ship hl>gation� all, valyd c biding upon the Company when slgned�and sealed (if a sealb%� erlureEl}�bot �or� oxe ut�tt�r3aey ut fact Pursuant fomandvin to lirnits'tsf the authority evidenced by the power of attoxneygrssued by theCompany to sursh Iselson�or� ron1 � � �� �� ' � V. � g ^^M. "n w a a W ��roaw "^ a``rt RESOLVED FURTHER,that the ST nature of any authoHY64, Tfi"cerland tli6 e ttf theme Cts pany�nay efacsimile to any power of attorney or certification thereof authorizing the execution a �dCt ofanavp4undef king xepnaan"repo:other suretyship obligations of the Company any such signature and seal when e used Shall ha the sat3 e olcd ani ef£ectNa�tfiough a1fy affixed. IN WIfiNESS,Cri1HEl2 ( F1 j#'6 ticial,Pacific Insurance&M a y has caused these presents z3 m b igned by its t per officers, and its corporate seal be he euA o af£rxed tht 5thao aVTareh Q04 � � '� x a a R ,�. g a cad a eh ,� - - +� a�"`1111SflNfI/5.�' a��� has s w� �*� ,� r Bas as"3 ate" '3 t1K t a K�< ,C ».........M.. ����. �F�C►NSURq%,,�� �m QPM' oRPORy•tic v �ULY22 O Z, :_K= Robert T.Kingsley,President 1R.Holhngshead'Seer ary 2• 1986 a qGIP x n sPa a STATEt3F CLhFOACRIUIEI O ffi� � , 91 r , On tj#s 1Sth y of lUiarc�h 20 4 perrnally cane b fore me Rb Bert Kftlg icy n o R gI cilli sheod, to me known to be the mdivtduals�a'd fficers�bf Flna al Pacific nsurartc Compd �ho eX utec the alfove rr t in it,an d�h y hifacknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. REBEKAH MOELLER .- COMM.#1471389 Wm Notary Public-California ca PLACBt COUNTY .: Rebekah Moeller,Notary Public My Comm.Exp.Fab 21,20M CERTIFICATE 1, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board of Directors set forth, and that the relevant provisions of the By-Laws of the Company, are now in full force and effect. Signed and sealed at Sacramento,this 13th day of March 2006 John ollingshead,Secretary Financial Pacific Insurance Company seal must be affixed CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT PROPOSAL AND CONTRACT ..FOR PACIFICA AVENUE SIDEWALK PROJECT NO: 0662-6R4111-05 5� 1 t _ t k3 pM ».go I! 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: March 21, 2006 FOR PRE-BID INFORMATION CONTACT: Hannah Wong(925) 313-2381 FOR PLAN HOLDER'S LIST CALL (925) 313-2000 TABLE OF CONTENTS PROPOSAL................................................................... SUBCONTRACT INFORMATION TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT...............................7 SIGNATURE OF BIDDER SAMPLEBID BOND.......................................................................................9 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER/ MANUFACTURER/ TRUCKER / SUBCONSULTANT...................................................................................... 10 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/ MANUFACTURER/TRUCKER I SUBCONSULTANT................................11 WARRANTY AND REPAIR AGREEMENT SAMPLECONTRACT................................................................................... 13 SAMPLE PERFORMANCE BOND -- PUBLIC WORK.................................. 17 SAMPLE PAYMENT BOND -- PUBLIC WORK............................................ 18 r i`r 4 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) 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 320—. (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) G:\GrpData\Design\CTSPEC\05specs\Pacifica Avenue Sidewalk_Prop.doc 511101 9 Y Q r-LO CD �•• db Opp � � 00 moo 4 A � � I . CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT PROPOSAL AND CONTRACT FOR PACIFICA AVENUE SIDEWALK PROJECT NO: 0662-6R4111-05 t t � 01. r� COUN 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: March 21, 2006 FOR PRE-BID INFORMATION CONTACT: Hannah Wong(925) 313-2381 FOR PLAN HOLDER'S LIST CALL (925) 313-2000 TABLE OF CONTENTS PROPOSAL.................................................................................................... 1 SUBCONTRACT INFORMATION ..................................................................6 TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT...............................7 SIGNATUREOF BIDDER...............................................................................8 SAMPLEBID BOND.......................................................................................9 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER /MANUFACTURER/ TRUCKER / SUBCONSULTANT...................................................................................... 10 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/ MANUFACTURER/TRUCKER / SUBCONSULTANT................................11 WARRANTY AND REPAIR AGREEMENT.,................................................... 12 SAMPLECONTRACT.................................................................:................. 13 SAMPLE PERFORMANCE BOND -- PUBLIC WORK.................................. 17 SAMPLE PAYMENT BOND -- PUBLIC WORK............................................ 18 PROJECT NO. PACIFICA AVENUE SIDEWALK Project No.: 0662-6R4111-05 Bids Due: March 21, 2006 To the Board of Supervisors of Contra Costa County Martinez, California PROPOSAL FOR PACIFICA AVENUE SIDEWALK Name of bidder Ad r- Business address Mailing address AM M-AlC4" 1.4A-'0 VQ" . CA 9-4.s-o3 Business Phone 7D7 S',S2— 793 / Fax Number -70-7- SSZ— 3968 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 (Inserttotal) and the following being the unit prices bid, to wit: l Pacifica Avenue Sidewalk Item Unit Price Total Bid Item Description Unit Quantity No. (In Figures) (In Figures) 1 Construction Area Signs L.S. 1 81.5- 2 Traffic Control System L.S. 1 4?s�- 3 Relocate Mailboxes (Group of 7) L.S. 1 - 4 Relocate Roadside Signs EACH 8 5 Modify Drainage Inlet EACH 1 .27499 6 Clearing and Grubbing L.S. 1 - - XZ 2_-Z 7 Roadway Excavation (F) C.Y. 170 2 9 8 Asphalt concrete (Type B, 1/2" MAX.) TON 94 242 2-20g42-- 9 Minor Structure (Type D Inlet) EACH 1 10 Minor Structure (Type F Inlet) EACH 1 S9 299 11 12" HDPEP L.F. 3 179- 12 79 12 18" HDPEP L.F. 102 /O - co lD 912 13 12" Plastic Flared End Section EACH 1 - 14 Minor Concrete (S1-6 Curb) L.F. 840 15 Minor Concrete (Sidewalk) S.F. 5,200 Jl,�- 7 - 16 Minor Concrete (Valley Gutter) S.F. 192 2,9 - 17 ,9 --17 Detectable Warnings (Surface Applied) S.F. 48 72- 18 Thermoplastic Traffic Stripe (Detail 2) L.F. 11 -q - -44 - 19 Thermoplastic.Traffic Stripe (Detail 22) L.F. 11 20 Thermoplastic Traffic Stripe (Detail 27B) L.F. 154 21 ThermoplasticTraffic Stripe (12"White) L.F. 135 (� 8 ld 22 Thermoplastic Traffic Stripe (12" Yellow) L.F. 278 - 23 Thermoplastic Traffic Stripe (24" Yellow) L.F. 148 24 Thermoplastic Pavement Marking S.F. 44 TOTAL 2 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. 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 proposalconflicting 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. In case of a discrepancy between unit prices and totals, the unit prices shall prevail. For lump sum(LS) items,the total shall prevail. It is understood and agreed that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the Agency to increase or decrease the amount of work under any item as may be required, in accordance with provisions set forth in the specifications for this project. It is further understood and agreed that the total amount of money set forth for each item of work or as the total amount bid for the project, does not constitute an agreement to pay a lump sum for the work unless it specifically so states. It is hereby agreed that the undersigned, as bidder, shall furnish a Payment Bond in an amount equal to one hundred percent of the total amount of this proposal and a Faithful Performance Bond to be one hundred percent of the total amount of this proposal, to the Agency and at no expense to said Agency, executed by a responsible surety acceptable to said Agency in the event that this proposal is accepted by said Agency. If this proposal shall be accepted and the undersigned shall fail 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,;within seven (7) days, not including Sundays, after the bidder has received notice from the Board of Supervisors that the contract is ready for signature, the Board of Supervisors may, at ,its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Agency. 3 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 24% Minimum (MSM) Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335-1045. 4 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. 5 1 � � o a Q � v u U1 V1 ?� U o � NJ o w Q ti a a Q oErl M c� o oc:, Q '►'�•+ ou UdI vl q � TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID LARRY /YL`-.'&S ,being first duly sworn,deposes and says (Name) Ness ��uc1�E'Z'E that he op6he is PRC41b&&1r of CQ. ,It 7-,QaG7-AAJ CC. 1NG . (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:" (Signature of Bidder) State of California ) ACKNOWLEDGEMENT(By Individual,Partnership or County of - )SS Corporation) The person(s) signing above for , 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 resolution of its board of directors. Dated: Signature: Name(Typed or Printed) (This area for official notarial seal) 7 For bids exceeding $25,000, accompanying this proposal is a Proposal Guaranty in the amount of Ten (10)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. -S �O�C6G.�E.L . C.�3R1�Z"12id� 7'IG�t J p, I.t.oG. a Z-ARR K hLASS Z/rlJ�y' l r .4Ajz /�/l.rtNA6�lL. 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. Class: (Expires 655.31-'2006 }. . 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: 453-21-2 0(:;�> G �2 'S' LSS A.2LSll�c .c sT" Signature of Bidder. Business address ���� /� /�,p� ti�,o�l 6A, 94563 3 Place of residence Date eng —'2 / 2006 8 BI D BOND Bond No, NIA KNOW ALL BY THESE PRESENTS: Thatwe, HESS CONCRETE CONSTRUCTION CO. , 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 as Obligee, iii the surzi of .ten .Percent (1 tai/} of the amount of the bid COSTA ollars lawful. money of the United States of'Amen for the a COUNTS y ea, payment of which sutra well and truly to be -made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. i WHEREAS, the Principal has submitted'a bid for PACIFIC AVENUE SIDEWALK 0662-6R4111-05 • a (Project Name) (Froj ect 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 periform the work covered by said laid, if the latter amount be in excess of the former,then this obligation shall be null and void, oih ��ise to remain in full force and effect. SIGNED AND SEALED,this 3RD day of MARCH ,20 06 r t (SEAL) (SEAL) TRAVELERS CASUALTY AND SURETY COMPANY HESS CONCRETE CONSTRUCTION CO„ INC. OF AMERICA { (Principal) (Suety) i (Signa (Signature) LARRY HESS PRESIDENT CLAY THOMPSON ATTORNEY—IN—FACT (SEAL AND ACKNOWLEDGMENT OF NOTARY) G:\C,npData\Dmgn\CTSPEC�05spem\Pacifica Avenue Sidewalk, Fmp.doc 511!01 I � CLAY THOMPSON,Cp(;U !SU SANDER,JACOBS,CASSAYRE 9 INSURANCE SERVICES NAPA, ILL( LANE fro7)252•8822 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 I SUPPLIER f MANUFACTURER I TRUCKER/SUBCONSULTANT Name of Prime Contractor Name of Project Project Number The undersigned is a(check one): Sole proprietorship Corporation i Limited Liability _ Partnership _ Joint Venture Check the following which may apply. MSE WBE SBE LBE _ SubcontractorSubcontractor _ 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 G:\GrpData\Design\CTSPEC\05specs\Pacifica Avenue Sidewalk_Prop.doc Revised Effective 8!3/2000 10 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street,Martinez,CA 94553 (925)335-1045 Fax,(925) 646-1353 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER!MANUFACTURER/TRUCKER!SUBCONSULTANT 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:$ $. Total Amount Received:$ 9. Explain any difference between lines#7 and#8 by attaching a written explanation. l 0. Signature Position/Title Date ll Name of Person Completing this Form 12. Company Name Phone Number U FAX Number G:\GrpData\Design\CTSPEC\05specs\Pacifica Avenue Sidewalk_Prop.doc REVISED 813/2000 WARRANTY AND REPAIR AGREEMENT To: Contra Costa County Public Works.Department The undersigned agrees to repair and/or replace all improvements installed as part of Pacifica Avenue Sidewalk Project No.: 0662-6R4111-05 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. (Company Name) (Authorized Signature) (Print Name) Date: G:\GipData\Design\CTSPEC\05specs\Pacifica Avenue Sidewalk Prop.doc 7/30/98 12 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— Effective Date: Use complete legal name of Contractor. (see Section 4 for starting date.) (See Sec.3) Project Name Prej.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: $ more or less, in accordance with finished quantities at unit bid prices. ((DELETE TEXT if not unit price bid.)) (See Sec.$) 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 1$61 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 ) County of ) )s On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Contractor,personalty 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/shelthey 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 seat Dated: (Notary's Seal) (Notary Public) 13 3.WORK CONTRACT.CHANGES. (a) By their signatures in Section 2,effective on the above date,these parties promise and agree as set forth in this contract,incorporating by these references the material in Section 1,SPECIAL TERMS. (b) Contractor shall,at his own cost and expense,and in a workmanlike manner,fully and faithfully perform and complete the work;and.will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans,drawings and specifications and in accordance with the accepted bid proposal. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties;and the Public Agency shall never have to pay more than specified in Section 7,PAYMENT,without such an order. 4. TIME• NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed;and shall complete it as specified in Section 1,SPECIAL TERMS. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor,allowance being made for contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case,it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof,it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1,SPECIAL TERMS,the result of the parties' reasonable endeavor to estimate fair average compensation therefor,for each calendar day's delay in finishing said work;and if the same be not paid,Public Agency may,in addition to its other remedies,deduct the same from any money due or to become due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay,suspension of work or extension of time,its duration shall be added to the time allowed for completion,but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Section 4215,the Contractor shall not be assessed liquidated damages for delay in completion of the work,when such delay was 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 fust 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. 14 ll.. FAILURE TO PERFORM. If the Contractor at anytime refuses or neglects,without fault of the Public Agency or its agent(s),to supply sufficient materials or workmen to complete this agreement and work as provided herein,for a period of 10 days or more after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state,and local laws and regulations,especially Chapter 1 of Part 7 of Division 2 of the Labor Code(beginning with Section 1720,and including Sections 1735,1777.5,and 1777.6 forbidding discrimination). The parties specifically stipulate that the relevant penalties and forfeitures provide in the Labor Code,especially in Sections 1775 and 1813 concerning prevailing wages and hours,as well as Section 1776 concerning certified payroll records,shall apply to this agreement. 13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 are incorporated herein. 14. WAGE RATES. .(a) Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general prevailing rates of wages per diem,and for holiday and overtime work,in the locality in which this work is to be"performed,for each craft,classification,or type of workman needed 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 ny-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 liabilityor 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. 15 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6745, if applicable,by submitting to Public Agency a detailed plan showing the designof 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) 511!(11 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 fiunished, 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'sfees 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 17 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:igrpdataidesignlctspec\proposallpaybond.doc 18 O � � m r► 1 wM o M ~ Zf cz rrra n o CD vlj N Ca N 4 . 4 ru CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT PROPOSAL AND CONTRACT FOR PACIFICA AVENUE SIDEWALK PROJECT NO: 0662-6R4111-05 N. 00 OU 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: March 21, 2006 FOR PRE-BID INFORMATION CONTACT: Hannah Wong(925) 313-2381 FOR PLAN HOLDER'S LIST CALL (925) 313-2000 TABLE OF CONTENTS PROPOSAL....................................................................... ............................ 1 SUBCONTRACT INFORMATION ..................................................................6 TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT...............................7 SIGNATURE OF BIDDER. ................................................................. ........8 SAMPLEBID BOND.............................................:.........................................9 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR J SUPPLIER J MANUFACTURER J TRUCKER / SUBCONSULTANT.....................................:................................................ 1 Q VERIFICATION OF PERFORMANCE:SUBCONTRACTOR/SUPPLIER J MANUFACTURER 1 TRUCKER J SUBCONSULTANT................................11 WARRANTY AND REPAIR AGREEMENT................................................... 12 SAMPLECONTRACT.......................................................................:........... 13 SAMPLE PERFORMANCE BOND -- PUBLIC WORK.................................. 17 SAMPLE PAYMENT BOND -- PUBLIC WORK..............................:............. 18 PROJECT NO. PACIFICA AVENUE SIDEWALK Project No.: 0662-6.R4111-05 Bids Due: March 21, 2006 To the Board of Supervisors of Contra Costa County Martinez, California PROPOSAL FOR PACIFICA AVENUE SIDEWALK Name of bidder. l-j4'1— DVC Business address Q o4a , (C , Sa 70';e, CR. 95 11 . Mailing address 0, �3tn� 3316°x. , L j Qi 9 70 3 Business Phone CL400 O Fax Number Kcq) Zb1� -31'-76 Contact VC 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 1 `10, 517.0® (Insert total) and the following being the unit prices bid, to wit: 1 Pacifica Avenue Sidewalk Item Unit Price Total Bid Item Description Unit Quantity No. (In Figures) .(In Figures) 1 Construction Area Signs L.S. 1 5,qL l ,00 S, 41-d0 2 Traffic Control System L.S. 1 9,170, 00 70.00 3 Relocate Mailboxes (Group of 7) L.S. 1 161.00 11161. 00 4 Relocate Roadside Signs EACH 83-i3 .000 00 5 Modify Drainage Inlet EACH 1 `11 166. 00 4/1(6yo0 6 Clearing and Grubbing L.S. 1 6) 59 7 Roadway Excavation (F) C.Y. 170 L15-00 1) 20.00 8 Asphalt concrete (Type B, 1/2" MAX.) TON 94 7-10.00 Z0,6170100 .9 Minor Structure (Type D Inlet) EACH 780.00 g0- 00 10 Minor Structure (Type F Inlet) EACH 1 I L� 0-0•00 1 Z 6'2.0.6 0 11 12" HDPEP L.F. 3 (?v0.00 Z) 400.00 12 18" HDPEP L.F. 102 Cl 1•C90 91ZQ Z -00 13 12" Plastic Flared End Section EACH 1 I�Z411 '00 14 Minor Concrete (S1-6 Curb) L.F. 840 143 ,00 �6) IZo•C90 15 Minor Concrete (Sidewalk) S.F. 5,200 10-00 5Zj 000 16 Minor Concrete (Valley Gutter) S.F. 192 19.00 3,64 4 .00 17 Detectable Warnings (Surface Applied) S.F. 48 18 Thermoplastic Traffic Stripe (Detail 2) L.F. 11 . 57.-00 00 S,00 19 Thermoplastic Traffic Stripe (Detail 22) L.F. 11 Go GO S.Coo 20 Thermoplastic Traffic Stripe (Detail 27B) L.F. 154 7.00 h Z-3 Z-00 21 ThermoplasticTraffic Stripe (12" White) L.F. 135 9,0() 1 )2-15.00 22 Thermoplastic Traffic Stripe (12" Yellow) L.F. 278 C..Oc) V67-00 23 Thermoplastic Traffic Stripe (24" Yellow) L.F. 148 16.00 Z) 367.00 24 Thermoplastic Pavement Marking S.F. 44 L( ( .00 _C90 TOTAL 0 I q'8-7. 00 2 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. 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. In case of a discrepancy between unit prices and totals, the unit prices shall prevail. For lump sum (LS)items,the total shall prevail. It is understood and agreed that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the Agency to increase or decrease the amount of work under any item as may be required, in accordance with provisions set forth in the specifications for this project. It is further understood and agreed that the total amount of money set forth for each item of work or as the total amount bid for the project, does not constitute an agreement to pay a lump sum for the work unless it specifically so states. It is hereby agreed that the undersigned, as bidder, shall furnish a Payment Bond in an amount equal to one hundred percent of the total amount of this proposal and a Faithful Performance Bond to be one hundred percent of the total amount of this proposal, to the Agency and at no expense to said Agency, executed by a responsible surety acceptable to said Agency in the event that this proposal is accepted by said Agency. If this proposal shall be accepted and the undersigned shall fail 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, within seven(7) days, not including.Sundays, after the bidder has received notice from the Board of Supervisors that the contract is ready for signature, the Board of Supervisors may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Agency. 3 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 24% Minimum (MSM) Requirement NOTE: Outreach Program information and/or-assistance maybe obtained through the County's Affirmative Action Office at (925) 335-1045. 4 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. 5 7� g w O Vz � � n : c 0 0 PA ,Q Jz 5L cr w U o as ctl �, ,� � Cy � • d ° cp� J .S, TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID being first duly sworn,deposes and says (Name) that he or she is of Q1,M:LWC (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:" A14 (Signature of Bidder) State of California ) ACKNOWLEDGEMENT(By Individual,Partnership or County of C,4, C�" )ss Corporation) The person(s) signing above for Quwwd l Q-n((5 , 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 resolution of its board of directors. Dated: 3/L1 106 Signature: J t 14j-1 Turin VC Name(Typed or Printed) LTbi s ar a or o ic'al intal e MA/TWWn•Nok"KIM• 7 Saha Clare WCorrin-Eq*66 For bids exceeding $25,000, accompanying this proposal is a Proposal Guaranty in the amount of Ten (10)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. &�W } y tiro 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. 6171 Class: �{� �i�CB,c (L�CO {Expires 6(30/©6 }. 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: , u/06 Signature of Bidder. Business address �.0. t�j� �i IG 2 LAS Gil v�1 Place of residence `�y �1 �,e,� ►C t'� , CA a, 1[ 1 Date N �CIA ZA 20 t76 8 SID BOND Bond No. - - - - - KNOW ALL BY THESE PRESENTS: That we, Q L M, Inc. as Principal,and North American Specialty Insurance Company ,a corporation organized and existing under the laws of the State of New Hmre and authorized to transact surly business in the State of California, as Surety, are held and firmly bound unto Contra Costa County Public Works Department as Obligee, .in the sum of ten Percent am) of the arwunt 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 Pacifica Avenue Sidewalk Project No. 0662-684111-05 (eject 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 band, 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 16t1day of March _'2006. (SEAL) (SEAL) Q L M, Inc. North American Specialty Insurance Company (Principal) (Surety) Y� (Sign (Signature) David Crain, Attorney In Fact (SJPFAL AND ACKNOWLEDGMENT OF NOTARY) ,Y : rt.%G-iD#uZcaign`CTSPEx CS$pc=\PwWwa Avawe SidcwakPM.doc 511101 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sun Mateo On March 16, 2006 before me, Nancy L. Ferguson Notary Public, Name of Officer personally appeared David Crain 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 instru- NANCY L.FERGUSON ment and acknowledged to me that he/she/they executed the Commission# 1412386 same in his/her/their authorized capacity(ies), and that by his/ Z;� Notary Public-California son Mateo county her/their signature(s) on the instrument the person(s), or the My Comm.Expires Apr 30,2007 entity upon behalf of which the person(s)acted, executed the instrument. WITNES y hand and ffi iafiseal. Signat re of otary 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(s) ❑ Corporate Officer(s) Title or Type of Document T tle(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney(s)-In-Fact Number of Pages ❑ Trustee(s) ❑ Guardian(s)/Conservator(s) ❑ Other: Date of Document Signer is representing: Name of person(s)or entity(ies) Signer(s)other than named above NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois,each does hereby make,constitute and appoint: David Crain and Nancy Ferguson jointly or severally Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION(10,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24ih of March,2000: "RESOLVED,that any two of the President,any Executive Vice President,any Vice President,any Assistant Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." By CORPOM ' SEAL :A' Paul D.Amstutz,Prmae,t&Chief Exceptive officer of Waslisqua International Insurance company& t' 2 : ` vice President ornarrr American Specialty Imeaom Company E SEAL man a: BY Steven P.Anderson,Executive Vice President of Washington International Insurance Company& Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 9 day of April 20 03. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 9 day of April ,20 03,before me,a Notary Public personally appeared Paul D.Amstutz ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P.Anderson Executive Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly swom,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. tsAaa trial Q- �R�� rsOMrsrPs�A�aiagra Yasmin A.Patel,Notary Public 1, James A.Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 16t±tay of Mardi ,2006 . James A.Carpenter,Vice President&Assistant Secmary of Washington Imemational Imumnce ComPony& Assistant Secretary of North American Specialty Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of CA14, Glu lq On 31Z-1 rb 6 before me, �U4 1Uahyd Date I Name and Title of Officer(e.g.,"Jae Doe,Notary Public") personally appeared I? +5 , Na (a)0' Signer(s) ❑�1'personally known to me ❑ proved to me on the basis of satisfactory evidence lNl UAVO to be the person(s) whose name(s) is/are ConuI_W161111*15031NZ subscribed to the within instrument and ' Nosy Mft-Cuomo acknowledged to me that he/she/they executed Santa Ckno County the same in his/her/their authorized My Comm.ExphvsJnll25, 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. 741 414*_ Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: I W11:1.1101111 ❑ Individual Top of thumb here ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827