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HomeMy WebLinkAboutMINUTES - 06202006 - C.1 S IE SE•L,,o TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR a„ N Costa DATE: June 20, 2006 C o u n t y SUBJECT: APPROVE plans and specifications, AWARD and AUTHORIZE the Public Works Director, or designee,to execute a contract to the lowest responsive and responsible bidder for the Parker Avenue Reconstruction, Rodeo area, (District II) Project No. 0662-6R4215-02. 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$6,099,497.55 to Bay Cities Paving& Grading,Inc.,the lowest responsive and responsible bidder for the Parker Avenue'Reconstruction,Rodeo area. (50%Contra Costa County Redevelopment,24%Rodeo Crockett Transportation Improvement Fund, 26% Loan to Public Works from Redevelopment) (District 11) Project No. 0662-6R4215-02. FISCAL IMPACT: Project will be funded by 50% Contra Costa County Redevelopment, 24% Rodeo Crockett Transportation Improvement Fund, and 26% Loan to Public Works from Redevelopment. Continued on Attachment: ® SIGNATURE: []�Ij -COMMENDATION OF COUNTY ADMINISTRATOR F1RECOMMENDATION OF BOARD COMMITTEE [APPROVE ❑ OTHER s SIGNATURE(S): ACTION OF BOA6�ON APPROVED AS RECOMMENDED OTHER ❑ I hereby certify that this is a true and correct copy of an action VOT OF SUPERVISORS taken and entered on the minutes of the Board of Supervisors on UNANIMOUS(ABSENT the date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED:' tJu»4/ �, �Y pl/ G:\GrpData\Const\BO\2006\5-2-06pacficia.doc JOHN CULLEN,Clerk of the Board of Supervisors and County Administrator Orig.Div:Public Works( Division) Contact: O cc: Auditor-Controller E.Kuevor,CAO By ,Deputy County Counsel Contractor Surety i ;S, UBJECT: APPROVE plans and specifications, Award of Contract for Parker Avenue Reconstruction, Rodeo area. (District Il) Project No.0662-6R4215-02 DATE: June 20, 2006 PAGE: 2 of 3 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The Public Works Department received bids from the following contractors: BIDDER TOTAL AMOUNT BOND AMOUNTS Bay Cities Paving & Grading, Inc. $6,099;497.55 Payment: $6,099,497.55 5049 Form Drive Performance: $6,099,497.55 P Concord, CA 94524 Ghilotti Bros., Inc. San Rafael, CA 94901 Ghilotti Construction Company, Inc. Santa Rosa, CA 94507 The above-captioned project having been previously approved,and the plans and specifications having been prepared by, filed with, and approved by the Board of Supervisors,and bids having been duly invited and received by the Director of Public Works on March 28, 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 adopted the Mitigated Negative Declaration and Mitigation Monitoring Program pursuant to the California Environmental Quality Act and a Notice of Determination having been filed with the County Clerk on January 28, 2003; and The bidder listed first above, Bay Cities Paving & Grading, Inc., having submitted the lowest responsive and responsible bid, which is $165,301.35 less than the next lowest bid; and The Affirmative Action Officer having reported that Bay Cities Paving & Grading, Inc. 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 Bay Cities Paving & Grading, Inc.is the lowest responsive and responsible bid, and this Board concurring and so finding; NOW, THEREFORE, the Board finds, determines and orders as follows: The Board APPROVES the plans and specifications for the project; and The Board DETERMINES that Bay Cities Paving & Grading, Inc., as the lowest responsive and responsible bidder, has demonstrated an adequate good faith effort,pursuant to the specifications for this project, to comply with the requirements of the County's Outreach Program and the Board WAIVES any irregularities in such compliance; and further determines that Bay Cities Paving & Grading, Inc. has complied .with the Mandatory Subcontracting Minimum; and SUBJECT: APPROVE plans and specifications, Award of Contract for Parker Avenue Reconstruction, Rodeo area. (District 11)Project No.0662-6R4215-02 DATE: June 20, 2006 PAGE: 3 of 3 The Board FURTHER DETERMINES that Bay Cities Paving & Grading, Inc., as the lowest responsive and responsible bidder, has entered into a Project Labor Agreement with the Contra Costa Building and Construction Trades Council to comply with the requirements of the County's Project Labor Agreement policy. The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded to Bay Cities Paving & Grading, Inc. at the listed amount and at the unit prices submitted in said bid, and that said contractor shall present two good and sufficient surety bonds as indicated above, and that the Director of Public Works shall prepare the contract therefore; and The Board FURTHER ORDERS that after the contractor has signed the contract and returned it,together with the bonds as noted above and any required certificates of insurance or other required documents, and the Director of Public Works has reviewed and found them to be sufficient,the Director of Public Works,or designee,is authorized to sign the contract for this Board; and The Board FURTHER ORDERS that in accordance with the project specifications and/or upon signature of the contract by the Director of Public Works, or designee,any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned; and 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 Bay Cities Paving & Grading, Inc. be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all of the bids received.Nothing herein shall prevent the Board from re-awarding the contract to another bidder in cases where the successful bidder establishes a mistake,refuses to sign the contract or fails to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107). CONSEQUENCES OF NEGATIVE ACTION: Possible loss of project funding. Project will not be built. i Contra Public Works Department Maurice or shin Public Works Director Costa 255 Glacier Drive R.Mitch Avalon Martinez,CA 94553-4825 Deputy Director �'®tray Telephone: 925 313-2000 p ( ) Heather J.Ballenger FAX: (925)313-2333 Deputy Director Web site:www.co.contra-costa.ca..us/depart/pw Julia R.Bueren Deputy Director Patricia R.McNamee July 21, 2006 Deputy Director RECEIVED CERTIFIED MAIL 7005 0390 0000 2102 4812 JUL 2 5 2006 Mr. Ben Rodriguez CLERK BOARO OFSUPER111SORS Bay Cities Paving & Grading, Illc. CONTRA COSTA CO. 5029 Forni Drive Concord, CA 94520 Project File: Parker Avenue Reconstruction Project Project No.: 0662-6R4215-02 Dear Mr. Rodriguez: Enclosed is your copy of the approved contract for the Parker Avenue Reconstruction Project, Project No. 0662-6R4215-02. This is your Notice to Proceed as set forth in Section 4, of the project "Notice to Contractors and Special Provisions". The first chargeable working day shall be August 7, 2006. The resident engineer assigned to this project is Rany Chek who may be reached at(925)383-9105 or via the County office (925) 313-2320. Very truly yours, Al . i Mike Carlson Assistant Public Works Director Construction Division MC:(ab) GACONST\PROJECTS & MISC\2006\PARKER AVENUE RECONSTRUCTION, WO#4215\BAY CITIES NOTICE TO PROCEED.DOC Enclosure l cc: Rany Chek,Resident Engineer J.Dowling,Construction E.Hu,Construction Survey Section Materials and Testing Division Maintenance Accounting Division,w/copy of Contract Clerk of the Board,w/copy of Contract,Bonds and Insurance(originals) Auditor-Controller,w/copy of Contract Affirmative Action Officer 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-- Bay Cities Paving&Grading,Inc. Effective Date: July 5,2006 (see Section 4 for starting date.) (See Sec.3) Project.Name: Parker Avenue Reconstruction Project.No.: 0662-6114215-02 Location: in the Rodeo area The work consist of road reconstruction;median island and sidewalk construction;storm drain installation;traffic signal installation and modifications; irrigation and landscaping installation and extended maintenance;street lights and pavement striping all in accordance with the Plans, Drawings, Special Provisions and/or Specifications including Addenda No.'s 1, 2, & 3 prepared by or for the Public Works Director and in accordance with the accepted Bid Proposal. (See Sec.4) Completion Time: Within 250 working days from starting date. (See Sec.5) Liquidated Damages:$1,000.00 per calendar day. (See Sec.6) Public Agency's Agent: Public Works Director (See Sec.7) Contract Price: $6,099,497.55 m or les ,in accordance with finished quantities at unit bid prices. 2.SIGNATURES&ACKNOWLEDGEMENT. Public Agency,By: M.Shiu, lic Works Dir ctor Contractor,hereby also g awar ness o d complian e with Labor Code Sections 1861 and 3700 concerning Workers'Compensation Law, By: ( g" teofsc 1 ap c n business) Ben Rodriguez, JR. — President By: 01-17 esign to o i ap ity in the bus es Rim Rodriguez — Secretary/Treasurer Note to Contractor: 'For corporations,the contract ust be sig y two officers. T first ignature 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 119-3 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT Stateof Ca i ) ss. County of ) On the date written below,before me,the undersigned ublic,personally appeared the person(s)signing above for Contractor,personally known to me(or proved to me on the basis of satisfactory evidence)to erson(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),an his/her/their signatures)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) r (Notary Public) , �C �GY� t l CCLR-Q (Page 1 of 4) 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,itis 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 forbids,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. T PAYMENT. (a) For his strict and literal fulfillment of these,promises and conditions,and as full compensation for all this work,the Public Agency shall pay the Contractor the sum specified in Section 1,SPECIAL TERMS,except that in unit price contracts that payment shall be for finished quantities at unit bid prices. (b) On or about the first of each calendar month,the Contractor shall be paid for all work done through the 15th of the preceding calendar month,as determined by Public Agency,minus 10%thereof pursuant to Public Contract Code Section 9203,but not until defective work and materials have been removed,replaced,and made good. 8.PAYMENTS WITHHELD. (a) The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied,or uncompleted work,or (2) Claims filed or reasonable evidence indicating probable filing,or (3) Failure to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work,it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract,provided the contractor shows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no liens or withhold notices have been filed against the work or site,and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (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. (Pane 2 of 4) 11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects,without fault of the Public Agency or its agent(s),to supply sufficient materials or workmen to complete this agreement and work as provided herein,for a period of 10 days or more after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state and local laws and regulations,especially Chapter of Part 7 of the California Labor Code(beginning with Section 1720,and including Sections 1735,1777.5,and 1777.6 forbidding discrimination)and intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code,especially in Sections 1775 and 1813, concerning prevailing wages and hours,shall apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS. Public Contract Code Sections 41004114 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general prevailing rates of wages per diem,and for holiday and overtime work,in the locality in which this work is to be performed,for each craft,classification,or type of workman needed to execute this contract,and said rates are as specified in the call for bids for this work and are on file with the Public Agency,and are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified;and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked,the daily wage rate is proportionately reduced,but the hourly rate remains as stated. (c) The Contractor,and all his subcontractors,must pay at least these rates to all persons of this work,including all travel,subsistence,and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any subcontractor to employ any person in a craft,classification or type of work(except executive,supervisory,administrative,clerical or other non-manual workers as such)for which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 16. APPRENTICES. Properly indentured apprentices maybe 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 actor 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. (Pnnp.1 of 4) 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). \ab FORM APPROVED by County Counsel. (CC-1;Rev.3-95) G:\CONST\PROJECTS&MISC\2006\PARKER AVENUE RECONSTRUCTION,WO#4215\BAY CITIES CONTRACT.DOC (Pane 4 of 4) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ( Co Ss. County of rte CG> ( V`ne �Q before me On J Date , Nam and Title of Officer(e.g.,,"Ane Doe,Notary Public"). personally appeared � Vtdr\ Ue-Z, r ou- 11V 1 t(k ul Name(s)of Signer(s) personally known to me (` ❑ proved to me on the basis of satisfactory ( evidence l to be the person(s) whose name(s) 4s/are ( subscribed to the within instrument and acknowledged to me that 4ekiiieithey executed f� the same in WGhehtheir authorized ( TRI M M.BELT capacity(ies), and that by iai&4ef/their Ca1b�799s signature(s) on the instrument the person(s), or mrra�cn NDN Pi_C56M3 the entity upon behalf of which the person(s) COMO COW courdy acted, executed the instrument. My Comm.Expkes Moi►7. W TNESS my hand and official seal. ('. nature 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 1, 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: owl I'Ma l ❑ Individual Top or thumb Here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: (' Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NafionalNotary.org Prod.No.5907 Reorder:Call Tall-Free 1-800-876-6827 BAYCITIES /1 CORO p DATE IMMIDD/YY) TM GERTIF 06/26/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allied North America Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brokerage o f California, LLC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR g ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 39300 Civic Center Dr. Ste 390 COMPANIES AFFORDING COVERAGE Fremont, CA 94538 COMPANY Ph: 510-578-2000 License #OE36391 AVir inia Surety Company, Inc. INSURED COMPANY Bay Cities Paving & Grading, Inc. B P. 0. Box 6227 Concord, CA 94524-6227 COMPANY C COMPANY D I;OV>li.A ES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DDMYY) Y) DATE(MMIDD/ A GENERAL LIABILITY 1 CG 5 015 8 7 0 1 09/30/05 09/30/06 GENERAL AGGREGATE $2, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTs-cOMProP AGG s2, 000, 000 CLAIMS MADE a OCCUR PERSONAL 8 ADV INJURY $1, 000, 000 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1, 000, 000 X Per Project FIRE DAMAGE(Any one fire) s300, 000 Aggregate MED EXP(Any one person) $5, 000 A AUTOMOBILE LIABILITY 1 CA5 015 8 8 0 1 09/30/05 09/30/06 COMBINED SINGLE LIMIT $1, 000, 000 X7 ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OMEDAUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT S AGGREGATE E EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM S A WowmRs QoMPENSATION AND 1 CW5 015 8 6 01 10/01/05 10/01/06 X STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT $1 0 0 0 0 0 0 THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $l, 0 0 0 0 0 0 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $l 000 000 OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECLAL ITEMS RE: Job# 3340; County Job# 0662-6R4215-02 . Parker Avenue Reconstruction Contra Costa County and their respective officers, agents, boards, (See Attached Schedule. ) 'cSl�'�F�A�FfoL�R C1�lNG�LLATION'; Ten:>bay :I�ot��e. fs�r Nan Pamen> SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Contra Costa County EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Public Works Department _10 _DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, Construction Division BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 255 Glacier Drive OF ANY LOND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. Martinez, CA 94553 AUTHORIZED REP SENTATIVE ACORD'.2S•S 33)1 0€? � D AcokditokPORATIQbE i>3S3' nan S-11 X commissioners, employees, representatives, governing body and volunteers are added as additional insured per the attached endorsement. 1N #9f9 ? 6 ! 133793 POLICY NUMBER: 1CG50158701 COMMERCIAL GENERAL LIABILITY CG 20 10 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured (Section 11)is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 03 97 Company Virginia Surety Company Policy Period 9/30/05 To 9/30/06 Endorsement No. ATTACHED TO AND ENDORSEMENT EFFECTIVE INSURED FORMING A PART OF (Standard Time) Bay Cities Paving and Grading,Inc. POLICY NUMBER 1CA50158801 Month/Day/Year 12:01 A.M. NOON PRODUCER AND CODE 6/26/06 (x) CPG/SPEC. RISK RESOURCES INS AGCY, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT The following is added to Section II -Liability Coverage,A. -Coverage, 1. Who Is An Insured: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However,the insurance provided will not exceed the lesser of: 1. The coverage or limits of this policy, or 2. The coverage or limits required by said contract or agreement. ow (� AUTHORIZED REPRESENTATIVE DATE CA CPG 4(3/02) PERFORMANCE BOND--PUBLIC WORK Executed in Duplicate Bond No.6429705 Premium$34,910.00 Any claim under this Bond should be sent to the following address: Safeco Insurance Company of America 400 Taylor Blvd, Pleasant Hill, CA 94523 KNOW ALL BY THESE PRESENTS: That we Bay Cities Paving & Grading, Inc. as principal, and Safeco Insurance Company of America a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto Contra Costa Countyas Obligee,in the sum of tx Million Ninety Nine Thousand Four Hundred Ninety Seven and 55/100 Dollars ($ 6,099,497.55.J lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves, our heirs,executors, administrators, successors and assigns, jointly and severally,firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated July 5 2006 . with the Obligee to do and perform the following work, to-wit: Parker Avenue Reconstruction Project, Project No.0662-6R4215-02: The work consist of road reconstruction;median island and sidewalk construction;storm drain installation;traffic signal installation and modifications; irrigation and landscaping installation and extended maintenance; street lights and pavement 'striping as is more specifically set forth in the contract documents, reference to which is hereby made. t 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 ofcompletion,which may be made pursuant to the terms of said contract documents, shall not in any way release the Principal or the Surety thereunder,norshall 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 insured by the Obligee in collecting monies due under the terms of this bond. SIGNED AND SEALED,this 5th day of July 2006 _ (SEAL) (SE r Bay Cities Paving&Grading, Inc. Safeco Insurance Company-,o{America`V j (Prmc al) Bye .� ign re). (Signature) Kim Rod iguez — Secretary/Treasurer., Kathleen Earle, Attorney-in-Fact (SEAL AND ACKNOWLEDGMENT OF NOTARY) cAnplper d.doc 12-21-94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alameda SS. On JUL 0 5 2006 before me, Antoinette D. Mitchell, Notary Public , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Kathleen Earle 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/a€o subscribed to the within instrument and acknowledged to me that he/she/tom} executed the same in /her/tom€ authorized capacity(, and that by /her/t � .� signatureW on the instrument the persons) or r ,ii-CHELL the entity upon behalf of which the person(&) ;89$� acted, executed the instrument. i ' AM PU ', �RW ,OUNTY WITNES n and official al. db.8,200b Place Notary Seal Above Sign o o 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 Claimed By Signer(Principal) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner- ❑ Limited ❑ General ® Attorney-In-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: APA 1/94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .-�"�'„ _✓, .,.moi-i:�:....-..�f -'"..n..-.�-. "r.r:_.a.-tii.�:n._n.,.?v.`.-�.:��.v.,:�.,-�~.:...::-.:.t,�,C�'•,=,^,va_fry�. n.- N .rte,. -y-,�y G <1 l�? State of California ss. County County of C try On before me, lC rl r Date Name an Title of Officer(e.g.,"Jane Doe,Notary Public") _ '> personally appeared I Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person s) whose name( is/a-e-- TRULWM BELT subscribed to the within instrument and Commlasion#1567993 acknowledged to me that.k►e/she/##yep•executed ( Notary PubOC-CaubM10 the same in h4/her hek authorized ( CorNro Costo Courr capacity(ires}, and that by leis/her/their 000Y Comm,Expires Moy 7.2 signature(sT on the instrument the person(a)i, or the entity upon behalf of which the persons} of 1 acted, executed the instrument. TNESS my hand and official seal. yy S- ature of Notary Public ;U Y OPTIONAL q [<. 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 c, Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: ( [` Capacity(ies) Claimed by Signer i Signer's Name: [ 11 Individual Top of thumb here ; ❑ Corporate Officer—Title(s): � ❑ Partner—❑ Limited ❑General (� ❑ Attorney-in-Fact (�F ❑ Trustee ❑ Guardian or Conservator ❑ Other: j (G 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 PAYMENT BOND PUBLIC WORK [Civil Code Secs. 3247-3248] i Executed in Duplicate Bond No. 6429705 , Premium Included in Performance Bond Any Maim under this Bond should be sent to the following address: Safeco Insurance Company of America 400 Taylor Blvd.. Pleasant Hill,CA 94523 KNOW ALL BY THESE PRESENTS: That we Bay Cities Paving& Grading, Inc. , as Principal, and Safeco Insurance Company of America a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State.of California,as Surety, are held and firmly bound unto . Contra Costa County as Obligee,-in the sum ofix Million Ninety Nine Thousand Four Hundred Ninety Seven and 55/100-- Dollars($ 6,099,497:55 )lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above-obligation is such that, whereas the Principal has entered into a contract dated July 5 Zoos _ with the Obligee to do and perform the following work, to-wit: Parker Ave Reconstruction Project,Project No.0662-6R4215-02: The work consist of road reconstruction;median island and sidewalk construction;storm drain installation;traffic signal installation and modifications;irrigation and landscaping installation and extended maintenance;street lights and pavement striping as is-more specifically set forth in the contract documents, reference to which is hereby made. NOW,THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any.amounts required to be deducted,.withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a 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 Civil Code so as to give aright of action to such persons or.their assigns in any suit brought upon this bond. SIGNED AND SEALED,this 5th day of July 2006 (SEAL) Bay Cities Paving&Grading, Inc. Safeco Insurance Company os America_ (Principal) (Surety) BY; ign re) (Signature) Kim Rodriguez — Secretary/Treasurer Kathleen Earle, Attorney-in-Fact (SEAL AND ACKNOWLEDGMENT OF NOTARY) c:lnplpaybond.doc 12-21-94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alameda SS. On JUL 0 5 2006 before me, Antoinette D. Mitchell, Notary Public , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Kathleen Earle Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personal whose name( is/afe subscribed to the within instrument and acknowledged to me that he/she/#" executed the same in ll;ois/her/tom authorized capacity(, and that by his/her/# signature*) on the instrument the personW or OINET CHELL , the entity upon behalf of which the person() _ comm i898Z acted, executed the instrument. ,•• -ARY PU. 4LIF0Rivu, :..�N FPW OUNTY WI NESS my hand and official seal. f'rY COMM F ab. 8,2005 Place Notary Seal Above Igna e o N to ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity Claimed By Signer(Principal) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner- ❑ Limited ❑ General ® Attorney-In-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: APA 1/94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ����_::aT:..��.�-lyv.`?<�.5:...��.`+x.__:.�:w�...:-�.`ti.v_�i...+<,�—.Sr.�..-%G�..,���.�s..:��;c; _�c:.ism_....�.`.v;.,�.Y:,..�:ti.�w..K=r...'-.'.i1S�i:,-•�'c.r.,:� 10 of �;. State of California t ss. County of ' On before me,�yU,CAm'be l4 "(t–V" R b� 'c_ Die .. Nam)and Title of Officer(e.g.,"Jane Doe,Notary Pu!T) i . personally appeared C`/�-lVY'1 Names)of Signer(s) v impersonally known to me (r ❑ proved to me on the basis of satisfactory evidence to be the person(6) whose name(s} is/are TRUDYM.BELT subscribed to the within instrument and Commiesbn#F 1567999 acknowledged to me that+ie/she/they executed ( Nosy Public-CaOt frga the same in i9is/her/t49e4r authorized 1 Cora costa county capacity-(•ie&), and that by 4i&/her/tPteir K MVComm•Exp*ft May 7, signature(e) on the instrument the person(&), or W , the entity upon behalf of which the person+*- I acted, executed the instrument. ITNESS my hand and official seal. of Notary Public %. OPTIONAL l 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. �J Description of Attached Document i Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer �S Signer's Name: i ❑ Individual Top of thumb here s. X71 ❑ Corporate Officer—Title(s): Cl Partner—❑Limited ❑General ❑ Attorney-in-Fact v I ❑ Trustee ` ❑ Guardian or Conservator ❑ Other: I Signer Is Representing: Ni :` ti'Jc'Cii}^ .�— } `fir' •�c ter,:. ;>, •'�.a����cys.=`^',',,�"Iu:. ��'y�^zar.,('�.y.rti,; ..• ,v. '�` •e�f.."'v..tsry�v�o"' f.., 0 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