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Home My WebLink AboutMINUTES - 06272006 - C.15 1 TO: BOARD OF SUPERVISORS, AS GOVERNING 6ontra BOARD OF THE FLOOD CONTROL&WATER __- CONSERVATION DISTRICTis Costa �•�••� : ;ti:�� Ct FROM: MAURICE M. SHIU, CHIEF ENGINEER Y o - :c� srA--- oun DATE: June 27, 2006 SUBJECT: APPROVE plans and specifications,AWARD and AUTHORIZE the Chief Engineer,Flood Control and Water Conservation District, or designee, to execute a contract to the lowest responsive and responsible bidder for the San Ramon Creek Bank Restoration at Fostoria Way, Danville area, (District III) Project No. 7520-6139317-04. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE plans and specifications; AWARD and AUTHORIZE the Chief Engineer,Flood Control and Water Conservation District,or designee,to execute a contract in the amount of $550,840 to Hess Concrete Construction Co.,Inc.,the lowest responsive and responsible bidder for the San Ramon Creek Bank Restoration at Fostoria Way,Danville area. (Flood Control Zone 3B Funds) (District III) Project No. 7520-6139317-04. FISCAL IMPACT: Project will be funded by Flood Control Zone 3B Funds. Continued on Attachment: ® SIGNATURE. E RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE 0RPPROVE ❑ OTHER ALSIGNATURE(S).. ACTION OF BO ON "27/ c"'" " z APPROVED AS RECOMMENDED ❑ 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 VOTE OF SUPERVISORS the date shown. UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JOHN CULLEN, Clerk 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: APPROVE plans and specifications, Award of Contract for San Ramon Creek Bank Restoration at Fostoria Way, Danville area. (District ID) Project No.7520-6B9317-04 DATE: June 27, 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 Hess Concrete Construction Co., Inc. $550,840.00 Payment: $550,840.00 4484 Hess Drive Performance: $550,840.00 American Canyon, CA 94530 HSR General Engineering Contractors, Inc. Santa Clara, CA 95054 FANFA, Inc. San Lorenzo, CA 94580 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 Chief Engineer on May 23, 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 4C Categorical Exemption and a Notice of Exemption having been filed with the County Clerk on April 20; 2005 and The bidder listed first above, Hess Concrete Construction Co., Inc., having submitted the lowest responsive and responsible bid, which is $47,340.00 less than the next lowest bid; and The Affirmative Action Officer having reported that Hess Concrete Construction Co., Inc. has documented an adequate good faith effort to comply with the requirements of the County's Outreach Program; and The Chief Engineer recommending that the bid submitted by Hess Concrete Construction Co., 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 Hess Concrete Construction Co., Inc., as the lowest responsive and responsible bidder, has demonstrated an adequate good faith effort, pursuant to the specifications for this project, to comply with the requirements of the County's Outreach Program and further determines that Hess Concrete Construction Co., Inc. has complied with the Mandatory Subcontracting Minimum; and SUBJECT: APPROVE plans and specifications, Award of Contract for San Ramon Creek Bank Restoration at Fostoria Way, Danville area. (District III) Project No.7520-6B9317-04 DATE: June 27, 2006 PAGE: 3 of 3 The Board ORDERS that the contract for the furnishing of labor and materials for said work is awarded to Hess Concrete Construction Co., 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 Chief Engineer 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 Chief Engineer has reviewed and found them to be sufficient, the Chief Engineer, 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 Chief Engineer, 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 Chief Engineer, or designee is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the contract,pursuant to Public Contract Code Section 22300; and Pursuant to Public Contract Code Section 4114,the Board DELEGATES its functions under Public Contract Code Sections 4107 and 4110 to the Chief Engineer, or designee; and Pursuant to Labor Code Section 6705, the Board also DELEGATES to the Chief Engineer 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 1 The Board DECLARES that, should the award of the contract to Hess Concrete Construction Co., 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: Project will not be built. ILontr,a Public Works Department Public or Shirt Department Public Works Director Costa 255 Glacier Drive R.Mitch Avalon Martinez,CA 94553-4825 Deputy Director County 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. Deputy Director Patricia R.McNamee Deputy Director July 20, 2006 CERTIFIED MAIL RECEIVE® 7005 0390 0000 2102 4805 Mr. Larry Hess Ej L 2 4 2006 Hess Concrete Construction Company CLERK BOARD OF SUPERVISORS 4484 Hess Drive * CONTRA COSTA CO. American Canyon, CA 94503 Project File: San Ramon Creek Bank Restoration at Fostoria Way Project No.: 7520-6B9317-04 Dear Mr. Hess: Enclosed is your copy of the approved contract for the San Ramon Creek Bank Restoration at Fostoria Way Project, Project No. 7520-6B9317-04. 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 Larry Theis who maybe reached at(925) 595-6002 or via the County office, (925) 313-2320. Very truly yours, Mike Carlson Assistant Public Works Director Construction Division MC:ab GACONST\PROJECTS&MISC\2006\SAN RAMON CREEK BANK RESTORATION AT FOSTORIA WAY\HESS LETTER TO PROCEED.DOC Enclosure cc: Larry Theis,Resident Engineer J.Dowling,Construction Survey Section Materials and Testing Division Maintenance Accounting Division,w/copy of Contract cGterk=of-the-BoardYwlcopy_of_Gonttact,=Boxids=aa'd Insurance_(originals)n 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 Flood Control and Water Conservation District Contractor- Hess Concrete Construction Company,hic. Effective Date: July 12,2006 (see Section 4 for starting date.) (See Sec.3) Project Name: San Ramon Creek Bank Restoration at Fostoria Way Project.No.: 7520-0B9317-04 Location: in the Danville area The work consist of restoration of the creek banks with channel excavation and backfilling of eroded banks with channel excavation material and imported borrow. The toe of the west bank will be armored with rock slope protection and willow cuttings (brush layering) all in accordance with the Plans, Drawings, Special Provisions and/or Specifications prepared by or for the Chief Engineer and in accordance with the accepted Bid Proposal, (See Sec.4) Completion Time: Within 40 working days from starting date. (See Sec.5) Liquidated Damages:$850.00 per calendar day. (See Sec.6) Public Agency's Agent: Chief Engineer (See Sec.7) Contract Price: $550,840.00 mQe or less,in accordance with finished quantities at unit bid prices. 2.SIGNATURES&ACKNOWLEDGEMENT. Public Agency,By: Ma ce .Shiu, �C f gineer • - Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation Law, By: � RZ 5It)iF,Q T (Designat official capacity in the bus'' ess) By: L�� 7 (Designate o cial capacity,in the bus' ess) Note to Contractor: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board,president or vice president;the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer. (Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of ) On 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) (Page 1 of 4) >si , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of A/crs an ss. On 3tA(. i0 2CO6 before me, 1�;„n 6 rn,--+Ps IVO+0 v P"(11.(,_ , Dite Name and Title of Officer(e.-.,'Jane Doe,Nota Public") personally appeared teA Y -s , Name of Signer(s) 9 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed =CORTESES to the within instrument and acknowledged to me that 9 he/she/they executed the same in his/her/their CAUFOOM authorized ca aci )es and that b his/her/their r P tY( ), YC ,2009 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. Piece Notary Seal Above 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited O General ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact ' Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No-5907 Reorder.Cali Toll-Free 1-800-878-6827 - i 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 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. 7.PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions,and as full compensation for all this work,the Public Agency shall pay the Contractor the sum specified in Section 1,SPECIAL TERMS,except that in unit price contracts that payment shall be for finished quantities at unit bid prices. (b) On or about the first of each calendar month,the Contractor shall be paid for all work done through the 15th of the preceding calendar month,as determined by Public Agency,minus 10%thereof pursuant to Public Contract Code Section 9203,but not until defective work and materials have been removed,replaced,and made good. 8.PAYMENTS WITHHELD. (a) The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of. (1) Defective work not remedied,or uncompleted work,or (2) Claims filed or reasonable evidence indicating probable filing,or (3) Failure to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work,it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract,provided the contractor shows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no liens or withhold notices have been filed against the work or site,and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code Secs.1860-61) On signing this contract,Contractor must give Public Agency(1)a certificate of consent to self-insure issued by the Director of Industrial Relations,or (2) a certificate of Workers'Compensation insurance issued by an admitted insurer,or (3) an exact copy of duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers'Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s)specified in the specifications or special provisions,guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. (Page 2 of 4) 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 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 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 anytime 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 qualityare 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 theyhave 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. (Page 3 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\PACIFICA AVENUE SIDEWALK,WO#4111\CARONE CONTRACT.DOC (Page 4 of 4) . `ISU SANDER,JACOBS,CASSAYRE INSURANCE SERVICES 3200 VfLLA LANE PERFORMANCE BOND -- PUBLIC WORK NAPA,CA 94558•(707)252-8822 Bond No. 104612851 Premium$7,475.00 Any claim under this Bond should be sent to the following address: LORI CASTANEDA 2730 GATEWAY OAKS DR. SUITE 100 SACRAMENTO, CA 95833 KNOW ALL BY THESE PRESENTS: HESS CONCRETE TRAVELERS CASUALTY AND SURETY That we, CONSTRUCTION CO. , INC. as principal, and COMPANY OF AMERICA a corporation organized and existing under the laws of the State of CONNECTICUT and autho"z��s A � � �u S � the State o£California, as Surety, are held and firmly bound unto & WATER CONSERVATION DISTRICT-, ag bligee� in the sum.of FIVE HUNDRED FIFTY THOUSAND EIGHT HUNDRED FORTY Dollars ($ 55o,aao.o0 1 lawful phoney 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 OONDMON of the above obligation is such that, whereas the Principal has entered into a contract dated JULY 12 ,x2006, with the Obligee to do and perform the following work, to-wit: SAN RAMON CREEK BANK RESTORATION AT FOSTORIA WAY, PROJECT NO. 7520-6B9317-04 as is more specifically set forth in the contract documents, reference to which is hereby made_ NOW THEREFORE, if the Principal shall well arxd 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.f M 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 tl° a 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 7TH day Of' JULY 2006 (SEMI,) (SEAL) HESS CONCRETE TRAVELERS CASUALTY AND SURETY CONSTRUCTION CO. , INC. COMPANY OF AMERICA (Principal) (Surety) By: BY: (Sign Lure) Signature} LARRY HESS PRESIDENT JEFFREY D. ERICKSON ATTORNEY-Iii-FACT (SEAL AND ACKNOWLEDGMENT OF NOTARY 0nP%,=-bnd-doc 12-21-94 ` C AL11fF®RNIA ALL-PURPOSE ACKNOWLEDGMENT c.2.- _.=l•'—,—f`=,FC= — — �C= — — =t"-. .,�:C�. - _ - - — _ — _ _ =yam= -„=f".c-'f`=-.Y^!'—.,i=l`r:.;F•G�' State of California ss. County of NAPA On 7-7-06 before me, NICOLE CHAMPAGNE-HESTER, NOTARY PUBLIC Date Name and Title of Officer(e.g.."Jane Doe.Notary Public") personally appeared JEFFREY D. ERICKSON Name(s)of Signer(s) X, personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(x) whose name%) isMm subscribed to the within instrument and acknowledged to me that ,~ ISaF.•" NICOLE H.CHAMPAGNE-HESTERZ heMEM4 executed the same in his/M=W �• [[ '•Y� COMM.#1384760 r nen M CALIFORNIA authorized ca actfi/( ), and that by his/JMXNMk ' NOTARY PUBLIC Z ® NAPA COUNTY signature(x) on the instrument the person(;), or the >; My Comm.Expires NOV 17,2006 V entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Nola"7.14Pubfic Opd qp h 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General gaggply Attorney in Fact ° Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ='=G= C 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alci pn ss. I I On fftA 1,g (0 IC 06 before me, rn,+e /Vo+ov� to f "6t:(- , Date Name and Title of Officer(e-6.,"Jane Doe,Nota Public"} personally appeared LzA t,r, Name o of Signer(s) 9 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed C E8 to the within instrument and acknowledged to me that 59 KIM A. CORTE KIM m �*JT OMW 01562559 he/she/they executed the same in his/her/their 6 u Fe 1111MAWFUIX1104111CAM0011111111111116 COUNTY authorized capacity(ies), and that by his/her/their NAPA COUNW COMM.EXP.APRIL_16,2009 signature(s) on the instrument the person(s), or the 4 0" entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above t//7 Signature 0'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(!es) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual 0 Individual 0 Corporate Officer—Title(s): D Corporate Officer—Title(s): • Partner—0 Limited 0 General Ma 0 Partner—0 Limited 0 General Top • Attorney in Fact Top of thumb0 Attorney in Fact 1here El Top of thumb here • Trustee Trustee n Guardian or Conservator D Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 ((am No.5907 Reorder:Call Tall-Free 1-800-876.6827 "ISU SANDER,JACOBS,CASSAYRE INSURANCE SERVICES PAYNTNT BOND —PUBLIC WORK 3200 VILLA LANE [Civil Code Secs. 3247- 3248] NAPA,CA 94558•(707)252-8822 Y Bond No. 104612851 Premium INCL IN PERF BOND 'EXECUTED. IN DUPLICATE Any claim under this Bond should be seat to the following address: LORI CASTANE A 2730 GATEWAY OAKS DR. SUITE 100 SACRAMENTO. CA 95833 KNOW,ALL BY THESE PRESENTS: HESS CONCRETE TRAVELERS CASUALTY AND SURETY That we, CONSTRUCTION CO. , INC. as Principal, and COMPANY OF AMERICA a corporation organized and existing under the laws of the State of CONNECTICUT and auothhTorripzeCdntSoTtransact TsurFe�j s �ingjthe State of California, as Surety, are held and firmly bound unto & � HRACONSERVL�� R DIST C � i Upllgee, 1�1 the $uLR o�FIVE HUNDRED FIFTY THOUSAND EIGHT HUNDRED FORTY Dollars ($550,840.'00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. TBE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated JULY 12 ,Xf52006. with the Obligee to do and perform the following wor), to-wit: SAN RAMON CREEK BANK RESTORATION AT FOSTORIA' WAY, PROJECT NO. 7520-6B9317-04 as is more specifically set forth in the contract documents, reference to which is hereby made. NOW TBEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 31.81 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 a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED, this 7TH day of JULY ,4x9K 2006 (SEAL) (SEAL) HESS CONCRETE TRAVELERS CASUALTY AND SURETY CONSTRUCTION CO. , INC. COMPANY OF AMERICA (Principal) (Surety) By: � --- 5' azure < , ( ) (Signature) LARRY HESS PRESIDNET JEFFREY D. ERICKSON ATTORNEY-IN-FAC' (SEAL,AND ACKNOWLEDGMENT OF NOTARY) cAlnptpayboad.doc 1?-21-94 N � 1.V \/.'Pol®LIl1 l`9/RMIA ALL-PURPOSE Al^YKNOWLEM1JI ENT State of California ss. County of NAPA i On 7-7-06 before me, NICOLE CHAMPAGNE–HESTER, NOTARY PUBLIC Daze Name and T Qfe of Gt1ic_=r(a.g..'Jane Doe.Notary Public") personally appeared JEFFREY D. ERICKSON Name(s)of Signer(s) X1 personally known to me U proved to me on the basis of satisfactory evidence to be the person(x) whose name(x) isgxa subscribed to the within instrument and acknowledged to me that T- a NICOLE H.CHAMPAGNE-HESTERZ he/= XRX executed the same in his/KIMU '�.�1rtF. �• COMM.#1384760 < authorized ca acit y v.n p NOTARY PUBLIC—CALIFORNIA thid p y( >, and that b hisi � NAPA COUNTY signature(y,) on the instrument the person(s), or the Z r •qoF e My Comm.Expires NOV 17,2006 V entit`j upon behalf of which the person(S) acted, executed the instrument. ITNESS my hand and official seal. Place Notary Seal Acove /� n� �q Signature of tary lit ®Ire TI®1171 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) COalmed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb ere ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: J 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 � . ` . . . . . . ` , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ' State of California mm. � N County Jo On 10 IC06 before me, ' Dite Name and Title of Officer(e.-6.,"Jane Doe,Notar/Public') personally appeared te,;rr�, He_S Name(t)of Signer(s) 19 personally known to m8 Opmved tomennthe basis of satisfactory evidence tobethe penaon(s) whose namg(s) is/are subscribed KIM A, CORTES tothe within instrument and acknowledged homethat COMM.01562559 NOTAW=PUBM 0 CAUFON" he/she/they executed the omnne in his/her/their Comm.NAPA COUNTY authorized mapankv(iag), and that by his/her/their XP. IL COMM.EXP.APRIL 16,2009 E APR 16,2:� signature(s) on the instrument the pmropn(o}. or the entity upon behalf of which the person(s) mcUnd. executed the instrument. WITNESS n)yhand and official meal. Place Notary Seal Above Signature mNotary Public OPTIONAL Though the information below isnot required Uylaw,itmay prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment o/this form manother document. Description ofAttached Document Title orType rfDocument: Document Date: Number cdPages: Signer(s) Other Than Named Above: Claimed by Signer's Name: Signer's Name: O Individual [] Individual O Corporate Off icer--Tide(s): O Corporate Officer--TNe(a): O Partner--OLimited OGenena( O Partner--[]Limited OQenexu/ O Attorney|nFact iere O Attorney inFact Top [] Trustee O Trustee 7op of thumb here [] Guardian orConservator [] Guardian orConservator O Other: O Other Signer)oRepresenting: Signer|uRepresenting: ________. 0 2004 Notional Notary Association 9350 Do Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder.Call Toll-Free 1-800-876-6827 TRAVELERS CASUALTY AND•SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARM UNGTON CASUALTY COMPANY Hartford, ConneWcut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Clay Thompson, Jeffrey D. Erickson, Robert E. Chovick, ➢Damon Garrett, Theresa Studebaker, of Napa, California, their true and lawful Attorneys)-in-Fact, with,full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies,and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed." This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may Appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the C ornpany in the future with respect to any bond or undertaking to which it is attached. (02-05)Unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 7th day of March, 2005. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD onweYw J"div ANG CASUq 41VIP 12.HARTFOFit7.1 e a HARTFORD, V' 1982 o BY e CONN. Z CONN.' dam �b ,a George W. Thompson 1 ;��, 61 �N y • " Senior Vice President On this 7th day of March, 2005 before me personally came GEORGE W. THOMPSON to me known, 0 being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUA 'Y COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of saiurG rations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. C,.TIT My commission expires June 30, 2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 7TH day of JULY 12006. grSUB uo JP�TV ANO pASUq s13•' ARTFORD.i w HARTFORD, < Z 1982 O 9 1Pr� CONN ).T. y CONN. 1`••e tlp��A vbb1 �adai bye "tea By Nicholas Seminara Senior Vice President Client#: 16131 HESSCONC ACORQ_ CERTIFICATE OF LIABILITY INSURANCE 07107//0fi°""�"' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northern California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1670 Corporate Circle,#201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 4409 Petaluma, CA 94955-4409 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: American Guarantee&Liability Ins C 26247 Hess Concrete Construction Co Inc. INSURER B: Zurich American of IL 4484 Hess Drive INSURER C: Zurich American Insurance 16535 American Canyon, Ca 94590 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DATE MMIDDIYY DATE MM/DD/YY A GENERAL LIABILITY CP04277435 10/01/05 10/01/06 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 000 PREM/ E Ea occurrence) CLAIMS MADE FRI OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 X OCP GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY X PRO LOC JECT B AUTOMOBILE LIABILITY CP04277435 10/01/05 10/01/06 COMBINED SINGLE LIMIT 000$1 X ANY AUTO (Ea accident) , ,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY rX NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EEXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ Ci WORKERS COMPENSATION AND WC4277436 10/01/05 10/01/06 X WC STA IT OTH- IER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEd$1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Cancellation: Except for 10 day notice for non-payment of premium RE: San Ramon Creek Bank Restoration at Fostoria Way in Danville area, Project No. 7520-669317-04 Contra Costa County Flood Control and Water Conservation District, Contra (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Contra Costa County Flood DATE THEREOF,THE ISSUING INSURER WILL RNX*"RX%MAIL 30_ DAYS WRITTEN Control and Water Conservation NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,XKk&1W[!RlfX1QAJ)MQ)WXwx Dist. Zr=RXR=ld%KKMMIOXMMRRM"KMXPMKRIVAMMRXXWAXMRRRXXX Construction Division XWXX XKXKWRR.x ` 255 Glacier Drive AUT ZE R PRESEfYTATIVE Martinez CA 94553 L. ACORD 25(2001/08) 1 of 3 #S83058/M74771 B9HJ1O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement`on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 3 #S83058/M74771 DESCRIPTIONS (Continued from Page 1) Costa County, the Town of Danville, and the owners and occupants of the real property at 3020 Fostoria Way, San Ramon, CA(Assessor Parcel No. 218-090-031); their respective officers, agents, commissioners and volunteers are named as Additional Insureds per the attached GL and Auto endorsements. AMS 25.3(2001/08) 3 of 3 #S83058/M74771 POLICY NUMBER: CP04277435 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 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: As Required by contract (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A: Section it — Who is An Insured is amended to (1)AII work, including materials, include as an insured the person or organization parts or equipment furnished in shown in the Schedule, but only with respect to connection with such work, on the liability arising out of your ongoing operations project (other than service, mainte- performed for that insured. nance or repairs)to be performed by or on behalf of the additional in- B. With respect to the insurance afforded to these sured(s) at the site of the covered additional insureds, the following exclusion is operations has been completed; or added: (2) That portion of "your work" out of 2. Exclusions which the injury or damage arises This insurance does not apply to "bodily in- has been put to its intended use by jury"or"property damage"occurring after: any person or organization other than another contractor or subcon- tractor engaged in performing op- erations for a principal as a part of the same project. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance available to the person or organization shown in the Schedule unless the other insurance is provided by a contractor other than you for the same operation,and job location. Then we will share with that other insurance by the method described. in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. CG 20-1010 01 O ISO Properties, inc., 2000 Page 1 of 1 POLICY NUMBER: CP04277435 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 10/1/05 Countersigned By: Named Insured: Hess Concrete Construction Co. Inc. Authorized Re resentative SCHEDULE Name of Person(s) or Organization(s): Any organization requiring additional insured status in a contract signed by You. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Other Insurance: This insurance is primary for the person or organization shown in the schedule, but only with respect to liability arising out of your work for that insured by or for you. Other insurance afforded to that insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement. CA 983 (2-99) CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 0 0 0 0 0 0 0 0 0 0 0 o p co 0 0 0 0 0 0 0 0 0 0 0 0 o p o � r N N N tD N O e10 M t0 N Of N O N o p Of tlt N N r O> O CI ti O O9 L1) O> co E M M ti M ti 0 0 v O ti P- N t0 N 'O Q W VlW � 64 r W N r W � m aci U 0 0o 0 M y Q N O O O O O O O O O M O N y = p M N N M 00 O c0 N � c0 c0 4 M O c N N CO O — O O 6-- O r- 609. c LLL J m to M r � W � d~9 a) Q N W t9 Eng OLL N to :2 d O O O O O O O O O O O O O p mO O O O O O O O O O O O O p .+ c O O G C O G C O C O O O O p c O O O O w O O O O N O Lf9 LA fb o p O O O O t0 t_ O 0 N N t0 O O L U E c0 00 a0 M P M O c0 :$ O M co) M N m Q M W It W V 119 h V- W W IV T p c ,p W W W T" W W W V- W 0) c m to W c a Q c c U O O O O O O O O O O O O O C W O O O O O O O O O O O O O N = Q O O O N O O O O O M ti O C Q v U C 9 O O O O 1` O O N 69 O O O O O W CO W W EA W O EA O Qo c' m � 614 v T C6 06 b9 W 2 c Lo N O O O O O O O O O O O O O p 0 .+ O O O O O O O O O O O O O p o c O O O O G O O O O O O O 0 p Cl) O O O O O O O O V O O O O 0 t p O O O 119 O O O t0 O O O 119 ti co rn E M N t0 N O N O Ln N c0 O as N v m Q W w W w W W W LA rn U W W In m 0 C I I I I I I I IW U d 0 4? •� c O O o O O O O O O O O O O m O O o 0 0 0 0 0 0 0 0 0 0 0 tri co O1•) 0 L 0 J O c C 'O O O O O O c0 — M O N 01 O 0 = ctg ' m O O O E9 O W W W W co W W cMW rn N CO � N It O N tJ � b9 EA N O O O O O O O O O O O O O p O O O O O O O O O O O O O p C O G O O O t7 O O O O O G 0 O O O O O O O O 119 O O O O O .d. 0 O O O O O 119 O t0 N O O O 1(9 M V p Vol W 64 to W N O Of W N W W tW W . 00 W W W S 6 W W !9 I L69.u L O O O O O O O O O O O O O U) C 0 0 0 0 0 0 0 0 a0 O 0 O 0 O •7 V O O O O O 0 69N O W0 O c O c,9 O 611). to W W OW W C - LOA N O O O O O O O e- N p 1w N C N ( O d c V) fA W L. 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Q: U a� a� O d = r N M .4 in co P� 0 C1 00 C4 m %- 0- s = f E E v R w 8 IR 8 IR 8 8 R R 2 G 8 8 © d d d w B § R S k 0 g 2 8 � g $ 2 N 8 2 C.; o ¥ ¥ @ 2 G 2 § © " ® $ K 0 2 � � _ _ I V). & co) 2 o o n cl Iq "t o o _ Cl) g o R o c o � R n R "t R c Cl) 7 2 � m _ & $ co G $ _ - - / k ok G G _ _ 2 ■ 2 R ■ r o — N J c 2 z > - � 0 © t � o L CL � k � k Cd CM CO) 20 a § t % a ■ c \ CM o i© 2 Q w L e Q _ 2 ■ / Q CO 0 2 ° r c 2 2 k 0V) 2 § .0 & o � U E 0 Q � U ■ a@ Cl c IL > C c c � 2@ © c o a o § 2 e 2 C q § £ 2 ■ Q Q ■ w QCL CL V § 7 2 c LL R 2 $ E a ® 0 0 § c o t / v c ■ 7 2 9L � � I- a S 9 w k 2 M � v (D @ § CL ) ) C4 � ■ e e Q t V r - OZ N { wJ CV On 0 be SAN RAMON CREEK BANK RESTORATION AT FOSTORIA WAY PROJECT NO. 7520-6139317-04 Bids Due: May 23,2006 To the oard of Supervisors of Contra Costa County Martinez, California PROPOSAL FOR SAN RAMON CREEK'BANK RESTORATION AT FOSTORIA WAY PROJECT NO. 7520-6B9317-04 Name of bidder NESS ' Wi=,eX72rS7-R,U, -ik ( 2.,!k OG Business address -ba,vE Mailing address pi4E-Jp)e—A ,r AAJYQA� CA —94SO3 Business Phone 'gyp? — S — _ Fax Number -7,077 — Contact LpR }/ HEf� 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 co oration; that he/she has carefully examined the location of the proposed work, plans and spi cifications; 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 �'SSO, B�fO (Insert total) and the following being the unit prices bid, to wit: 1 TABLE OF CONTENTS PROPOSAL................................................................................................... 1 SUBCONTRACT INFORMATION....................................................................... 7 TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT........................................... 8 SIGNATURE OF BIDDER................................................................................. 9 SAMPLEBIDDER'S BOND................................................................................ 10 LETTER OF INTENT TO PERFORM AS A SUB C ONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUB C ON SULTANT...... 11 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUI3CONSULTANT........12 WARRANTY AND REPAIR AGREEMENT...... .......... . ....... . ............................ 13 SAMPLE CONTRACT............. ..................................... 14 SAMPLE PERFORMANCE BOND.....:................................................................... 18 SAMPLE PAYMENT BOND.............. ..... ..............................19 San Ramo Creek Bank Restoration at Fostoria Way r ItemUnit Price Total No. Bid Item Descripti n Unit Quantity (In Figures) (In Figures) 1 Prepare Water Pollution Control L.S. 1 Program 0 d 2 Water Pollution Control L.S. 1 3 Water Control L.S. 1 4 Temporary Fence (Type E A) L.F. 250 io — Q 5 Clearing and Grubbing L.S. 1 6 Channel Excavation C.Y. 2,050rj Q— 7 Imported Borrow (Clay Fill)I C.Y. 1,500 8 Erosion Control (Blanket) S.Y. 1,200 _ 9 Willow Cuttings (Brushlaye ing) L.F. 890 3 -040 10 42" Bituminous Coated Corrugated L.F. 10 — Steel Pipe (.109 thick) 600- 11 Filter Fabric (Toe Drain) S.Y. 1,200 a d Rock Slope Protection (Light'12 Method B TON 1,650 G�O— 13 Concrete (Concreted-Rock) Slope Protection) C.Y. 9 3 o e D-5700- TOTAL S Sd. F3'40 2 The.work for which this proposal is submitted is for construction in conformance with the special provisions (including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates), the project plans, including any addenda `thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard Plans, dated July, 2004, the Standard Specifications, dates July, 2002, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price:and a total for the item, and for each lump sum item a,total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or(b), as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item ,shall prevail and shall;be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b),(Decimal Errors) If the product of the entered unit price and the estimated quantity is exaetly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentagewise the unit price or item total in the Agency's Final Estimate of cost. If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in,a bid. Any situation not specifically provided for will be determined in the 3 discretion of the Agency, and that discretion will be exercised in the manner deemed by the Agency to best protect the public interest in the prompt and economical completion of the work.. The decision of Agency respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. 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 as 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. 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 fails to contract as aforesaid and to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the Board of Supervisors and proper evidence of insurance in accordance with the contract requirements within eight (8) days, not including Saturdays, Sundays, and legal holidays, after the bidder has received notice from the public agency that the contract is ready for signature, the Board of Supervisors may, in its discretion, award the contract to the next highest bidder and declare the successful bidder's security forfeited, as provided in Public Contract Code section 5106. 4 PROPOSAL All good faith, effort_ documentation must be submitted with the bid or within two (2) working days following the bid opening. Failure to submit the required good faith effort documentation within two (2) working days following.the bid opening may render the bid non- responsive. The bidder is required to subcontract the following minimum percentage of its bid: Mandatory Subcontracting 18 % Minimum.(MSM) Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335- 1045. *The MSM percentage figure will vary from project to project 'depending upon staff's determination of the amount of work appropriate for subcontracting, the availability of subcontractors, and other pertinent factors. Engineer'to determine this percentage on a project by project basis. 5 PROPOSAL(CONT.) The contractor agrees, by submission of this proposal, to conform to the requirements of Section 4100 through 4113 of the Public Contract Code. The undersigned, as bidder, declares that he/she has not accepted any bid from any subcontractor or supplier through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any subcontractor or supplier which is not processed through said bid depository, or which prevent any subcontractor or supplier from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. The following is a complete list of items to be subcontracted, including the subcontractor's name and address, as required. If a portion of any item of work is done by a subcontractor, the value of the work subcontracted will be based on the estimated cost of such portion of the contract item, determined from information submitted by the contractor, subject to approval by the engineer. Contra Costa County requires that all subcontractor information shall be submitted at the time of bid opening, no time extension will be allowed to submit this information per Assembly Bill 1092. The Bidder shall list each subcontractor to whom the Bidder proposes to subcontract any item of work, or portion thereof, in excess of one-half of one percent (.50%) of the total bid or $10,000, whichever is greater in accordance with the Subletting and -Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. 6 � e con two l � � o O � � d b M � V o M � o � C o y tC iw o . N NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID being first duly sworn, deposes and says (Name) that he oF-s4e is �RL�T/��lT" of Nuc &WVe.A&r,CL/k�<TILULTLd�D .�1IVG. (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." �Q�tdE� (Signature of Bidder) State of California )ACKNOWLEDGEMENT (By Individual,Partnership or Corporation) County of AIA r- )ss The person(s) signing above for .ern p y known to me individual and business capacities as stated, personally appeared before me today and acknowledged that he/she/they executed it and acknowledgedto 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: 4V40 Cgo Signature: Name (Typed or Printed) (This area for official notarial seal) SES ATli+�C�s/ D f�ceUllcKcllF_X�t"-� 8 o ' Forbids 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. AM a ameR2EM AArv.r► Licensed to do or subcontract all classes of work involved in the proj ect, in accordance with an act providing for the registration of contractors, License No. gS-9ZS Class: A. R O C—A (Expires LAS'—�l Zig )• By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing information is true.and correct.. Date: S--23 - Z006 (Sature of Bidder.),ZARRy /-/ZSSs ;iAri ft--r - Business address -44 -hRi vF,- /git2 A=4 NJ 6A Al e,-,o CA. -9ISn3 Place of residence A-1WAA Date MAY 2009 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of AlC� On may 23, 2006 before me, !�;/Pj 0 Cvr,4eS IVofc,r- P,,G1l-G —� Me Name and Title of Officer(e.g.,"Jane Doe,Notarf Public") He personally appeared `!%� Y(: I e55 Na (s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence KIM A. CORTES to be the person(s) whose name(s) is/are subscribed COMM.•1562559 to the within instrument and acknowledged to me that NOT�mraueua•CAufor� he/she/they executed the same in his/her/their NAPA COUNTY authorized capacity(ies), and that by his/her/their !✓ww. APRIL 18,2008 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. Place Notary Seal Above J , 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General elm!M ElAttorney in Fact Top of thumb here ElAttorney in Fact " Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 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 -9At*fl*fi BID BOND Bond No, N/A KNOW ALL BY TRESE PRESENTS: That we, HESS CONCRETE CONSTRUCTION CO. , INC. as Principal, and TRAVELERS CASUALTY AND SURETY COMOF AMERICA a corporation organized and existing under the laws Of the State of CONNECTICUT and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CONTRA COSTA COUNTY _, as Obligee, in the SUM of Ten Percent (IQ!12) of , the amount of the bid Dollars lawf5ul 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 SAN RAMON CREEK BANK RESTORATION AT FOSTORIA WAY PROJECT NO. 7520-6B9317-04 (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 faithf-al 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 Cont-nact with another party to perform the work covered by said bid, if the latter amount be in.excess of the this obligation shall be null and void, otherwise to remain in full force effect. S1 AND SEALED, this 22ND day of MAY . 20 06. (SEAL} (SEAL) HESS CONCRETE CONSTRUCITON CO. , INC* TRAVELERS CASUALTY AND SURETY CO� OF AMERICA (Principal) (Surety) By, BY: 9W4W'4_ amj� 7L_ (Signature) I (Signature) LARRY HESS PRESIDENT DAMON GARRETT ATTORNEY-IN-FACT (SEAL AND ACKNOWLEDGIVaNT OF NOTARY) C.-kC,TD&ra%DaslsnkCTSPF,C\PROPOSALNSA,VDIDB.DOC*5/1/01 DAMON 0-ARAC-1-T "1SU SANDER, JACOBS, CASSAYRE Contra Costa County INSURANCE SERVICES 3200 VILLA LANE 10 MAPA, CA 94558 -(707)252-809_2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ALrilp of On Mcl:y 23 -2 00 6 before me, Co r4 e 5 Not c,1-4 D to Name and Title of Officer(e.g.,"Jane Doe,Notarf Public") personally appeared y(X He 5.5 , Na (s)of Signer(s) personally known to me v ❑ proved to me on the basis of satisfactory evidence KIM A. CORTES to be the person(s) whose name(s) is/are subscribed COMM.#1562559 to the within instrument and acknowledged to me that NOT PUB= °l� NAPA COUNTY � he/she/they executed the same in his/her/their COMM.Exp.APRIL 16,2W9 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. Place Notary Seal Above /// Z� 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact molagicloam Top of thumb here El Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of NAPA I On 5-22-06 before me, NICOLE CHAMPAGNE-HESTER, NOTARY PUBLIC, Date Name and Title of Officer(e.g-,"Jane Doe.Notary Public") personally appeared DAMON GARRETT Name(s)of Signer(s) [X personally known to me 0 proved to me on the basis of satisfactory evidence NICOI F H.CHAMPAGNE-HESTER Z to be the person(N) whose name{) isIM subscribed COMM.#1384760 < to the within instrument and acknowledged to me that >- NOTARY PUBLIC-CALIFORNIA NAPACOUNTY T hehWMVDW executed the same in his/ l9%= Z my Comm,Expires NOV 17,2006 authorized capacity(M), and that by his/X290MAX signature(X) on the instrument the person(r.), or the entity upon behalf of which the person(Yo) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above DLO Signature of Nolry Pw4c op t TlomhmeL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: El Individual 0 Individual 0 Corporate Officer—Title(s): 0 Corporate Officer—Title(s): C] Partner—C: Limited 0 General 0 Partner—0 Limited 0 General 0 Attorney in Fact Top of thumb here Ef Attorney in Fact El Trustee El Trustee Top of thumb here 0 Guardian or Conservator 0 Guardian or Conservator El Other: 0 Other: Signer Is Representing: Signer Is Representing: ©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 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTYAND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-m-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON' CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Clay Thompson, Jeffrey D. Erickson, Robert E. Chovick, Damon Garrett, Theresa Studebaker, of Napa, California, their true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED- That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-m-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached, (02-05)Unlimited ;uapisaJd 901A JoivaS eJeuiwaS S81040IN WWI u �t 8 6 i a Y 'pki0jlHMH q 0!lOdl�ilf4i•2 r�bltStlO s ANY A11d� n3M Ro 90 oZ ` 7NN ;o-iVp QNZZ sigl palEQ 'lnoiloouuoa;o olMS `pjOlusH;o iia aql uz `Xusduzoa 3111;o XWO auzoH aql is paleaS pue pau21S aojo;uz mou aju `,�4ijoglny;o aleogmaJ mp ui quo; las ss `sjoloojTQ;o spjuog aql;o suorinlosmd RuTpmiS agl lsgl `ajourj3qum} pue 'p33lon3j uaaq lou seg pus aojo; IInI ui suTeuiaj SjgOglny Jo aluogivaa puu �aUJOUV.;o jamod pagosllu pus 2?ut02alo; 3111 1eg1 AJLL2I3J AggUgH OG `lnorloauuoa;o 01815 aqI ;o suopmodioo xools`AIVdWIOJ A.L'IVaSVJ NO.Lf)NILMVJ Pum ANVdTAIOJ Al'luflS (INV A.L'lVaSVa SH3'IaAVHI `V3lH3WV 30 ANVdWOJ A.LaHAS (INV AZ'IVIISVJ SH3,13AVHt 3o ;uapisa.zd awA .iotuaS `pau&slapun a p `I aLVDI. IDEIJ ;Ineaj;al •J opow oilgnd tie;ON 9002 'Q£aunt sajidxa uoissiwwoo Aw joajagl suopnloso-d gMpuslS aql jopun aozjo iag/sn;;o iluoglne ffq suoqujodzoo agl,;o3legaq uo luau=sui pies aql painoaxo aqs/aq 1ug1 pue 'sleas almodoo Bons aw Itrom jlsui piss ag1 o1 poxzWo slugs agl lsgl 'suoilsjo o Pius jo sluas oql smou)l aqs/oq legl `.luauznjlsuz anoge 3g1 palnoaxa goigm pue ui pa gizasap suoilujodjoo ,. 3111 `ANVdWIOJ Ali SVJ NOIDININUVI Put' XNVd o:) A.LaHaS QNV A.L-rVaSVJ Sda'IaAVHL `VaRIaply 30 ANVdb1IOJ AIMIS QIP'Armawa SIIa'IaAVH L}o luapisa cd aain joguaS ST 3qs/311 legs :bus puu asodap pip `uioms SInp aui Sq gut ac ;ot a `umoux out o1 NOSdIAIOH.L 'M a92IOa`3 aumo Slleuosmad auz ajolaq SOOZ `gojuW,Io Sup q1L srgl u0 ;uapisaad aain Joivag '�,Y • F'q �¢�+ r�Ls.f* " q p 9 ��t� rN~• 7 uosdwoyl .M 86.ioaO NNO3 mm �l •NNaa � Ag 0 �t 8 6 i� y r 'ado�tdaH � � �� W e 7 r�"0!'�� l�r17SV SONY Al1dC M Q?IO.LLXV14,40 A.LM0J ANVdWiOJ AllVaSdJ AIO,L9KUVHd3 Pi03uEH'SS{ ANVcEKOJ A,Ld2IllS CNV A.L'lVflSVJ Slia'IaAVIU VJRIMV 30 AKVdWIOJ A LRMS qNV A.L'fVaSVJ SHa'IaAVIU MOLLOaKNOJ 30 3LH.LS Soot `gojuw jo Sup q1L sial paxrwe olajaq aq of sluas olujodjoo jiagl pue;uapisa.zd aain zocuaS jiagl Xq pou2is aq of luaumjlsu. siT posnso anug AI1I�db1IOJ A LrIVaSVJ NO L9NIIA;H�3 P� AMVdWtOa A La2IaS (INV A L'IVaSdJ s-da'IaAva L `V,3lUaP-ZV 90 AXVdWIOJ A13 IIS QAId AL'lVfISVJ SHa'IaAVH L `30aH3HM SSaM LIM Na h CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PROPOSAL AND CONTRACT FOR SAN RAMON CREEK BANK RESTORATION AT FOSTORIA WAY PROJECT NO: 7520-6119317-04 H,1 F3 11 n 1 O, _ _ �,G4,ti► A c6TJ 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: May 23,2006 FOR PRE-BID INFORMATION CONTACT: Larry Theis (925)313-2166 FOR PLAN HOLDER'S LIST: Call (925)313-2000 Visit the Design Division at the Public Works website, www.co.contra-costa.ca.us/depart/pw/ (under "Contractor Info."),or call(925)313-2000. v c fi J tl" a � l� N� i �,� �_ �, �, �� i SAN RAMON CREEK BANK RESTORATION AT FOSTORIA WAY PROJECT NO. 7520-6B9317-04 Bids Due: May 23,2006 To the Board of Supervisors of Contra Costa County Martinez, California PROPOSAL FOR SAN RAMON CREEK BANK RESTORATION AT FOSTORIA WAY PROJECT NO. 7520-6B9317-04 Name of bidder Business address -� (Q 9 (4 ✓ Mailing address Business Phone �Q (�� ,�cl j c Fax Number 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 La L- 44,,b 3 Sc,r-1 d A e- �v►��r �t 4�G✓`T��''��aJ (Insert total) and the following being the unit prices bid, to wit: 1 The work for which this proposal is submitted is for construction in conformance with the special provisions (including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates), the project plans, including any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard Plans, dated July, 2004, the Standard Specifications, dates July, 2002, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. Bids are to be.submitted for the entire work. The amount of the'bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of .work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly-legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price-bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in(a) or(b), as follows: (a).If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity ..is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using 'the entered unit price or item total, whichever most closely approximates percentagewise 'the unit price or item total in the Agency's Final Estimate of cost. If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it.differs from the item total, the items .total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the 3 discretion of the Agency, and that discretion will be exercised in the manner deemed by the Agency to best protect the public interest in the prompt and economical completion of the work.. The decision of Agency respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. 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 anacceptance 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. 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 fails to contract as aforesaid and to give the two bonds in the sums to be determined. as aforesaid, with surety satisfactory to the Board of Supervisors and proper evidence of insurance in accordance with the contract requirements within eight (8) days, not including Saturdays, Sundays, and legal holidays, after the bidder has received notice from the public agency that the contract is ready for signature, the Board of Supervisors may, in its discretion, award the contract to the next highest bidder and declare the successful bidder's security forfeited, as provided in Public Contract Code section 5106. 4 PROPOSAL All good faith effort documentation must be submitted with the bid or within two (2) working days following the bid opening. Failure to submit the required good faith effort documentation within two (2) working days following the bid opening may render the bid non- responsive. The bidder is required to subcontract the -following; minimum percentage of its bid: Mandatory Subcontracting 18 % Minimum (MSM) Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335- 1045. *The MSM percentage figure will vary from project to project depending upon staff's determination of the amount of work appropriate for subcontracting, the availability of subcontractors, and other pertinent factors. Engineer to determine this percentage on a project by project basis. 5 PROPOSAL(CONT.) The contractor agrees, by submission of this proposal, to conform to the requirements of Section 4100 through 4113 of the Public Contract Code. The undersigned, as bidder, declares that he/she has not accepted any bid from any subcontractor or supplier through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any,subcontractor or supplier which is not processed through said bid depository, or which prevent any subcontractor or supplier from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. The following is a complete list of items to be subcontracted, including the subcontractor's name and address, as required. If a portion of any item of work is done by a subcontractor, the value of the work subcontracted will be based on the estimated cost of such portion of the contract item, determined from information submitted by the contractor, subject to approval by the engineer. Contra Costa County requires that all subcontractor information shall be submitted at the time of bid opening, no time extension will be allowed to submit this information per Assembly Bill 1092. The Bidder shall list each subcontractor to whom the Bidder proposes to subcontract any item of work, or portion thereof, in excess of one-half of one percent (.50%) of the total bid or $10,000, whichever is greater in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. 6 C a � e a U C c H o a �- 0 �— •o o ^ En © "` �, •vim,, o 0 t qo NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID D5•�_��(,tt-� SCJj(s,/ being first duly sworn, deposes and says (N�me) n that he or she is U'to s I It,'n j— of � � 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." C-CIL (Signature of Bidder) ,State of California )ACKNOWLEDGEMENT(By Individual,Partnership or Corporation) („ni�nfi�of SQ'yj t C,�IAX0.)Ss The person(s) si n above for Vi p ( ) gll g , known to me individual and business capacities.as stated, personally appeared before me today and acknowledged that he/sem 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: I d Signature: TAJINDER P.SINGH P_ P •. S IIY it 0COMM.# 1596223 Name (Typed or Printed) • NOTARY PUBLIC-CALIFORNIAW SANTA CLARA COUNTY n COMM.EXP.AUG.5,2009'+ (Thi=e oro icia notanal seal) 8 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. I ossa c�- �� - Q✓t�sc ,A, 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: C— Z�( (Expires o ). 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: 6, v (Signature of Bidder) Business address �3y � U� �G-.5 � -�c�.�G� j Q j Place of residence ro Date ON 6A 20 ' +Yri. 5 s 9 BID BOND Boznd N'o. n Ja XNO'W AIL BY THESE PRESENTS: That we, HSR,' Inc. .as Principal, and First National Insurance Company of America acorporation ozgdzed and existing under the laws of the State of Washington and authorized to transact surety business in the State of Cali miN as Surety, are held and famly bound unto Contra Costa County Flood * . as Obligee, in the sum of Ten Percent t10%Z �vf the amount of the bid Dollars lawful money of the United States ofAmmxica, 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. WiMRE,A,S, the Principal has submitted a bid for San Ramon Creek Bank Restoration at Fostoria Way 7520-669317=04 (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 differ=e, 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 23rd day of May ,2406 . (S ) (S$AL) First National HSR, I`nc. Insurance Company of America (Principal) (Surety) (Signature) (Signature) Da n i j e 1 a L. Mo s u n i c , Attorney-In-Fact (SEAL AND JACKNOWLEDGMENT OF NOTARY) GA tpDAWDesign5A.MBID&DOCswot *and Water Conservation District Contra Costa County 10 California All-Purpose- Acknowledgment State of California } County of S 0'Y ` ss.C, C.1 �,�c� On �` _ '200 6 before me, 1 Pr31 R P SlNGN 2V ARY ()UtIL► C' personally appeared RASS E i 1 �1 -DSR S ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe-subscribed to the within instrument and acknowledged to me that he/s4e*ter executed the same in his/her4their autho- '""6 LSANT#- ER P.SINGH-; rized capacity(ies), and that by his/her�AH@ r . V M.# 1596223 0 signature(s) on the instrument the person(s), or the en- UBLIC-CALIFORNIA tity upon behalf of which the person(s) acted, executed CLARA COUNTY � the instrument. EXP•AUG.S,2009 WITNESS my hand and official seal. Other Information - This information is not required by state law, but is helpful in preventing fraud. Type of Ackowledgment: ❑ Individual hl Corporate ❑ Partnership ❑ Attorney-in-fact ❑ Other: Document Identification: Name/Type: +Zia o� Date: M!,�N 'X-3 'moo e #of Pages: -:I— Other Info: Journal Entry#: Signer Information Name: ` )o as: N Capacity(if corporate): Q R S 14b T--ff T 02004 Golden State Notary www.GoldenStateNotary.com (888)263-1977 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Santa Clara 1 On May 23, 2006 before me, Patricia K. Simi ci ch, Notary Publ i p Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public's personally appeared Da n i j e l a L. Mo r u n i c Name(s)of Signer(s) ;K personally known to me ❑ proved to me on the basis of satisfactory evidence I to be the person(&) whose name(e) is/ara ;a1iCIAK.SIMICICH subscribed to the within instrument and Commlaalon#r 1439937 acknowledged to me that he/she/t4"executed Notary PubUc-CoUforNo the same in lois/her/their authorized '� capacity(Wo), and that by fins/her/*eir Saha Clara County MyComm.ExphesSep16,2007 signature(e) on the instrument the person(s), or the entity upon behalf of which the personM acted, executed the instrument. ESS my hand and offidi seal.--" igna ure of N ry 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: B 1 d Bond Document Date: May 23, 2006 Number of Pages: 1 Signer(s)Other Than Named Above: l i Capacity(les) Claimed by Signer Signer's Name: Dani jel a L. Mosuni c ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General IX Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: First National Insurance Company of Amer ca 0 1999 National Notary Association"9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 S A F E C a POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA OF ATTORNEY PO BOX 34526 FIRST NATIONAL SURETY SEATTLE,WA 98124-1526 PO BOX 34526 SEATTLE,WA 98124-1526 No. 12829 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint ********************RONALD G.SPEND;FRANCIS E.COOK;CHARLES M.GRISWOLD;DANIJELA L.MOSIJNIC;Cupertino,California********************* its true and lawful attomey(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 26th day of August 2003 Le— LAt CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. ; IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 23rd day of May 20*0 6 - • t ' Spa0t110E41* 1928 �p SEAL 00 + • CHRISTINE MEAD,SECRETARY S-1049/FNEF 7/98 ®A registered trademark of SAFECO Corporation 08/27/2003 PDF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PROPOSAL AND CONTRACT FOR SAN RAMON CREEK BANK RESTORATION AT FOSTORIA WAY PROJECT NO: 7520-6B9317-04 f� y EEL `% 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: May 23, 2006 FOR PRE-BID INFORMATION CONTACT: Larry Theis (925)313-2166 FOR PLAN HOLDER'S LIST: Call(925)313-2000 Visit the Design Division at the Public Works website, www.co.contra-costa.ca.us/depart/pw/ (under "Contractor Info."),or call(925)313-2000. 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 0 0 Yo) 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 20 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) G:\GrpData\Desig,n\CTSPEC\PROPOSAL\SAMBIDB.DOC 511101 Contra Costa County 10 OUTREACH PROGRAM Affirmative Action Office 651 Pine Street,Martinez, CA 94553 (925) 335-1045 Fax(925) 646-1353 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/ SUPPLIER/MANUFACTURER/TRUCKIER/SUBCONSULTANT Name of Prime Contractor Name of Project :Project Number The undersigned is a(check one): Sole proprietorship Corporation Limited Liability Partnership Joint Venture Check the following which may apply. MBE WBE SBE LBE _ Subcontractor _ Subcontractor _ Subcontractor Subcontractor Supplier _ Supplier _ Supplier Supplier _ Manufacturer _ Manufacturer _ Manufacturer Manufacturer Trucker _ Trucker _ Trucker Trucker _ Other _ .Other _ Other Other Describe Describe Describe Describe None of the Above Apply The undersigned is prepared to perform the following described work in connection with the above project (specify in detail the particular work items or parts thereof to be performed): Total Amount Bid to Prime Contractor: $ Signature . Position Title Date Name of Person Completing this Form Company Name Phone Number G:\GrpData\Design\CTSPEC\PROPOSALUtrin tent.doc Fax Number Revised Effective 8/3/2000 11 WARRANTY AND REPAIR AGREEMENT To: CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT The undersigned agrees to repair and/or replace all improvements installed as part of SAN RAMON CREEK BANK RESTORATION AT FOSTORIA WAY PROJECT NO. 7520-6B9317-04 Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work of any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, for a period of 12 months after date on which the contract work is accepted by the Agency. The undersigned also agrees to reimburse the Agency, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, if such work is performed by the Agency. Alternatively, upon demand by the Agency, the undersigned further agrees to replace any such material and to repair said work completely without cost to the Agency so that said work will function successfully as originally contemplated. The Agency shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the Agency elects to have such work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the Agency. If the undersigned shall fail or refuse to comply with his obligations under this agreement, the Agency shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of the said failure or refusal. The warranty period on the replaced materials or repaired defects shall commence, for a separate period of 12 months, beginning on the date the repair work is accepted by the Agency. In no event will the warranty period extend beyond three (3) years from the date the original contract work is accepted by the Agency. All Opticom (or equal) components shall be guaranteed in accordance with the manufacturer's warranty, which shall start after successful completion of the function test. All equipment for the Submaster shall be guaranteed for a period of three (3) years from the date the contract.work is accepted by the Agency. (Company Name) (Authorized Signature) (Print Name) Date: G:\GrpData\Design\CTSPEC\PROPOSAL\MAINT.doc 7/30/98 13 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: $ 8. Total Amount Received: $ 9. Explain any difference between lines#7 and#$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\PROPOSAL\verifperf.doc REVISED 8!3!2044 12 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 first of each calendar month,the Contractor shall be paid for all work done through the 15th of the preceding calendar month,as determined by Public Agency, minus 10% thereof pursuant to Public Contract Code Section 9203, but not until defective work and materials have been removed,replaced,and made good. 8.PAYMENTS WITHHELD. (a) The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied,or uncompleted work,or (2) Claims filed or reasonable evidence indicating probable filing,or (3) Failure to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract,provided the contractor shows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code Secs. 1860-61) On signing this contract,Contractor must give Public Agency (1) a certificate of consent to self- insure issued by the Director of Industrial Relations,or (2) a certificate of Workers'Compensation insurance issued by an admitted insurer,or (3) an exact copy of duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers' Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s) specified in the specifications or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 15 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.Shiu, Public Works Director Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers' Compensation Law, By: (Designate official capacity in the business) By: (Designate official capacity in the business) Note to Contractor: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice president;the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer. (Civil Code,Section 1 190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of ) On before me, (here insert name and title of the officer), personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. Dated: (Notary's Sea]) (Notary Public) 14 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to Public Agency a detailed plan showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. 22. RECORD RETENTION. Except for records delivered to Public Agency, Contractor shall retain, for a period of at least five years after Contractor's receipt of the final payment under this contract, all records prepared in the performance of this contract or otherwise pertaining to the work, including without limitation bidding,financial and payroll records. Upon request by Public Agency,Contractor shall make such records available to Public Agency,or to authorized representatives of the state and federal governments,at no additional charge and without restriction or limitation on their use. 23. CONFLICT WITH BID. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this contract and the bid or proposal of said Contractor,then this contract shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. 24. USE OF PRIVATE PROPERTY. Contractor shall not use private property for any purpose in connection with the work absent a prior,written agreement with the affected property owner(s). ((Use Sections 25&26 only on CALTRANS-supervised projects.)) 25. CONTROL BY STATE. The improvement contemplated in the performance of this contract is an improvement over which the State of California shall exercise general supervision. The State of.Califomia,therefore,shall have the right to assume full and direct control over this contract whenever the State of California,in its sole discretion,shall determine that its responsibility to the United States would so require such action. 26. RENTAL AND WAGE RATES. The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. \tt FORM APPROVED by County Counsel. (CC-1;Rev.3-95) G:\GrpData\Design\CTSPEC\PROPOSAL\Samcontr.doc 511101 17 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 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 conceming prevailing wages and hours,as well as Section 1776 concerning certified payroll records,shall apply to this agreement. 13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general prevailing rates of wages per diem,and for holiday and overtime work,in the locality in which this work is to be performed,for each craft,classification,or type of workman needed to execute this contract,and said rates are as specified in the call for bids for this work and are on file with the Public Agency,and are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked,the daily wage rate is proportionately reduced,but the hourly rate remains as stated. (c) The Contractor,and all his subcontractors,must pay at least these rates to all persons of this work, including all travel,subsistence,and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any subcontractor to employ any person in a craft,classification or type of work(except executive,supervisory,administrative,clerical or other non-manual workers as such)for which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 16. APPRENTICES.' Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6, forbidding discrimination. 17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA The Public Agency desires to promote the industries and economy of Contra Costa county,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this County in every case where the price,fitness and quality are equal. , 18. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor;but he cannot assign it in whole or in part,nor any monies due or to become due under it,without the prior written consent of the Public Agency and the Contractor's surety or sureties,unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials,or approval of work and/or materials inspected,or statement by any officer,agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of payments therefor,or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS AND INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify.from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards,commissions,officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including but not limited to personal injury,death,property damage,trespass,nuisance, inverse condemnation,patent infringement,or any combination of these,regardless of whether or not such liability, claim or damage was unforeseeable at any time before the Public Agency approved the improvement plans or accepted the improvements as completed,and including the defense of any suit(s)or action(s)at law or equity concerning these. (d) The actions causing liability are any,act or omission (negligent or non-negligent)in connection with the matters covered by this contract and attributable to the contractor,subcontractor(s),or any officer(s),agent(s)or employee(s)of one or more of them. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any indemnitee has prepared, supplied,or approved any plan(s),drawing(s),specification(s)or special provision(s)in connection with this work,has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee. 16 J SAMPLE PAYMENT BOND -- PUBLIC WORK [Civ. Code Secs. 3247 - 3248] Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL BY THESE PRESENTS: That we, as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto , as Obligee, in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated , with the Obligee to do and perform the following work, to-wit: as is more specifically set forth in the contract documents,reference to which is hereby made. NOW THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonably attorney's fee,to be fixed by.the court. This bond shall ensure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED,this day of (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) g:\grpdata\design\ctspec\proposal\paybond.doc 19 SAMPLE PERFORMANCE BOND -- PUBLIC WORD Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL BY THESE PRESENTS: That we, as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto as Obligee, in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated ; with the Obligee to do and perform the following work, to-wit: as is more specifically set forth in the contract documents,reference to which is hereby made. NOW THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract documents, shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety, and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED, that if any action is commenced on this bond by the Obligee, in addition to the sum specified above, the Principal and the Surety, their heirs, executors, administrators, successors and assigns,.jointly and severally, shall be obligated to pay to the Obligee all costs, attorney's fees and other litigation expenses incurred by the Obligee in collecting monies due under the terms of this bond. SIGNED AND SEALED,this day of (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) g:\grpdata\design\ctspec\proposal\perfbnd.doc 18 1 �® 1n v r A o v r Cl) O �N A� .n \f,_ i I II it �' L_ __. _. _ ..._- -.__. __ { SAN RAMON CREEK BANK RESTORATION AT FOSTORIA WAY PROJECT NO. 7520-6B9317-04 Bids Due: May 23,2006 To the Board of Supervisors of Contra Costa County Martinez, California PROPOSAL FOR SAN RAMON CREEK BANK RESTORATION AT FOSTORIA WAY PROJECT NO. 7520-6B9317-04 Name of bidder FAN FA, INC. Business address 2401 Grant Avenue, San Lorenzo, CA 94580 Mailing address Same As Above Business Phone 510-278-8410 Fax Number 510-278-3095 Contact Joseph G. Fanfa 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 a � . r f ' TABLE OF CONTENTS PROPOSAL................................................................................................... 1 SUBCONTRACT INFORMATION....................................................................... 7 TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT........................................... 8 SIGNATUREOF BIDDER............................................... . .................... ........ 9 SAMPLEBIDDER'S BOND............................................................ .................. 10 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT...... 11 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT........12 WARRANTY AND REPAIR AGREEMENT............................................................. 13 SAMPLECONTRACT........................................................................................ 14 SAMPLE PERFORMANCE BOND....................................................................... 18 SAMPLEPAYMENT BOND...............................................................................19 San Ramon Creek Bank Restoration at Fostoria Way Item Bid Item Description Unit Quantity Unit Price Total No. In Figures) (In Figures) 1 Prepare Water Pollution Control L.S. 1 ProgramS C713 •00 1 Ob 2 Water Pollution Control L.S. 1 a.' Co 13 Salt).0 b 3 Water Control L.S. 1 6116.bo (Dh O.bo 4 Temporary Fence (Type ESA) L.F. 250 5 Clearing and Grubbing L.S. 1 b ,O U h l 6 Channel Excavation C.Y. 2,050 35. 0p 6.00 7 Imported Borrow (Clay Fill) C.Y. 1,500 Jb6. O D 15 OZ7 tb 8 Erosion Control (Blanket) S.Y. 1,200 / ,4 6 JJ4 p,aD 9 Willow Cuttings (Brushlayering) L.F. 890 s�j, p ,aa 10 42" Bituminous Coated Corrugated F L.F.L 10 Steel Pie .109 thick) h C)_b b 7Ja 11 Filter Fabric (Toe Drain) S.Y. 1,200 L0?0.00 12 Rock Slope Protection (Light, TON 1,650 Method B 7 ao 13 Concrete (Concreted-Rock Slope C.Y. 9 Protection . 3 c' e15 0 b TOTAL 2 The work for which this proposal is submitted is for construction in conformance with the special provisions (including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates), the project plans, including any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard Plans, dated July, 2004, .the Standard Specifications, dates July, 2002, and the Labor Surcharge and Equipment Rental Rates in effect on the'date the work is accomplished. Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit-price and a total for the item, and for each lump sum item a total for the item, all.`in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis,items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item, the•unit price shall prevail, except as provided in(a) or (b), as -follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is ,omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is,exactly off by a factor of ten, one hundred, etc., or one-tenth., or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentagewise the unit price or item total in the Agency's Final Estimate of cost. If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the 3 discretion of the Agency, and that discretion will be exercised in the manner deemed by the Agency to best protect the public interest in the prompt and economical completion of the work.. The decision of Agency respecting the, amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. 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. 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 fails to contract as aforesaid and to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the Board of!.Supervisors and proper evidence of insurance in accordance with the contract requirements within eight (8) days, not including Saturdays, Sundays, and legal holidays, after the bidder has received notice from the public agency that the contract is ready for signature, the Board of Supervisors may, in its discretion, award the contract to the next highest bidder and declare the successful bidder's security forfeited, as provided in Public Contract Code section 5106. 4 PROPOSAL All good faith effort documentation must be submitted with the bid or within two (2) working days following the bid opening. Failure to submit the required good faith effort documentation within two (2) working days following the bid opening may render the bid non- responsive. The bidder is required to subcontract the following minimum percentage of its bid: Mandatory Subcontracting 18 % Minimum (MSM) Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335- 1045. *The MSM percentage figure will vary from project to project depending upon staff's determination of the amount of work appropriate for subcontracting, the availability of subcontractors, and other pertinent factors. Engineer to determine this percentage on a project by project basis. 5 PROPOSAL(CONT.) The contractor agrees, by submission of this proposal, to conform to the requirements of Section 4100 through 4113 of the Public Contract Code. The undersigned, as bidder, declares that he/she has not accepted any bid from any subcontractor or supplier through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any subcontractor or supplier which is not processed through said bid depository, or which prevent any subcontractor or supplier from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. The following is a complete list of items to be subcontracted, including the subcontractor's name and address, as required. If a portion of any item of work is done by a subcontractor, the value of the work subcontracted will be based on the estimated cost of such portion of the contract item, determined from information submitted by the contractor, subject to approval by the engineer. Contra Costa County requires that all subcontractor information shall be submitted at the time of bid opening, no time extension will be allowed to submit this information per Assembly Bill 1092. The Bidder shall list each subcontractor to whom the Bidder proposes to;subcontract any item of work, or portion thereof, in excess of one-half of one percent (.50%) of the total bid or $10,000, whichever is greater in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. 6 r� rG 'G nn a � 9 a 1 s. o • a� N e o o o O i NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED NVITH BID Joseph G. Fanfa being first duly sworn, deposes and says (Name) that he or she is President of Fanfa, Inc. (Title, position in Company) (Name of Company) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding•, that the bidder has not in any manner, directly or indirectly, sought by agreement, cormnumcation, 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." FANFA,; INC;. By: :_ ,r%. Jose G. Fanfa, President (Signature of Bidder) State of California ) ACKNOWLEDGEMENT (By Individual, Partnership or Corporation) County of )ss 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) ACKNOWLEDGMENT State of California County of Alameda On 5/23/06 before me, Deborah L. Griffin, Notary Public (here insert name and title of the officer) personally appeared Joseph G. Fanfa personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is w&subscribed to the within instrument and acknowledged to me that&shemiey executed the same in&/hermi& authorized capacity(), and that by(!q/h-r it signatureAon the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. L. GRIFFIN@DEBORAH COMM.NO. 1658775 NOTARY PUBLIC•CALIFORNIA ALAMESignature `��n., � A..W,: Vest 1 (Seal) For bids exceeding $25,000, accompanying this proposal is a Proposal Guaranty in the amount of Ten 001 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. Legal Name: Fanfa, Inc. Joseph G. Fanfa, President/Manager Deborah L. Griffin, Secretary-Treasurer 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. 272541 Class: "A" (Expires 9/30/2007 ). 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: May 23, 2006 (Signature of Bidder) rnVvenue, G. Fanfa, President Business address 2401 GrSan Lorenzo, CA 94580 Place of residence 2401 Gran Avenue, San Lorenzo, CA 94580 Date May 23, 20 06 9 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Joseph G. Fanfa ,being first duly sworn, deposes and says (Name) thatheorsheis\ President of Fanfa, Inc. %the Title,position in Company) (Name of Company) the party makingoregoing bid that the bid is not made. in the interesVof, 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 refrai& om 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 statement/ ontained 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." FANFA, C. \ By: \/. J seph G,,/F�fa, Preside (Signature of Bidder) AC % OWLEDGEMEIT(B Individual Partnership or Corporation) State of California ass ( y p � ) County of The person(s) signing above for , known to me individual and business capacities as stated, personal appeared before me today and\a�knowledged 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 e ecuted 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) 8 SANTLE BID BOND Bond No, N/A KNOW ALL BY THESE PRESENTS: That we, FANFA.1 INC. as Principal, and * 'FID ,= AND DMQSIT COMPANY OF MARYLAND a corporation organized and existing under the laws of the State of MARYLAND and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto COUNTY OF CONTRA COSTA* I as Obligee, in the - surn - of Ten Percent 00%) of the, amount of the bict 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 SAN RAMON CREEK BANK RESTORATION AT FOSTORIA WAY, 7520-6B9317-04 (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 p=fbnuance 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 23RD day of MAY 20 06, (SEAL) (SEAL) FANFA, INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Principal) (Surety) By: BY: S oseph G. Fanfa, Presi t KELLY 4EN0.9 ATTORNEY-IN-FACT AND ACKNOWLEDGMENT OF NOTARY) GAG XDesign� PEC\PROIIOSAY-\SAMBJJ)IB-DOC$11101 Contra Costa County 10 ACKNOWLEDGMENT State of California County of SONOMA On MAY 23, 2006 before me, J. .DeLUCA, NOTARY PUBLIC , (here insert name and title of the officer) personally appeared KELLY HOLTEMM., ATTORNEY-IN-FACT -personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to me that4-4e/she/t4ey executed the same in bias/herA44ai; authorized , capacity@e&), and that by bis/herA#4&signatures) on the instrument the person(&), or the,entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. J, DE LUCA U Ct�MM, #1621691 Z 10fAWY r UW -CALIFORNIA n Signature � Sr�r,etnA oouNrY My l"Urtim,Upims Oct.24,2008 jr (Seal) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by THEODORE G.MARTINEZ,Vice President,and GERALD F.HALEY,Assistant Secretary,in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said any,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dak IQ ereby nominate, constitute and appoint Goran G.E.RYN,Lawrence J.COYNE,Kell d LUCA,all of Petaluma,California, EACH its true and lawful agent and m ' d deliver,for,and on its behalf as surety,and as its act and deed: any an a n e xecution of such bonds or undertakings in pursuance of these prese 1 in ,as fully and amply,to all intents and purposes,as if they had been d N t ac gularly elected officers of the Company at its office in Baltimore,Md p Per attorney revokes that issued on behalf of Goran G.E.RYN, Lawrence J. CON O �ELUCA,dated June 27,2005. The said Assistant ess esby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- s said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 21st day of April, A.D.2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp OEPOs�t a c By. / Gerald F. Haley Assistant Secretary Theodore G.Martinez State of Maryland 1 ss: City of Baltimore f On this 21 st day of April, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. k%'lpll III/,, tip. :!�: y�4t��(rf IC. �F,��r •C.. ��111 1111111` Maria D.Adamski Notary Public My Commission Expires: July 8,2007 POA-F 016-3366 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though'rrianually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribedmy name and.affixed the corporate seal of the said Company, this 23RD day of MAY 2006 Assistant Secretary ACKNOWLEDGMENT State of California County of Alameda On May 23, 2006 before me, Deborah L. Griffin, Notary Public (here insert name and title of the officer) personally appeared Joseph G. Fanfa personally known to me (or proved to me on the basis of satisfactory evidence) to be the personk whose nameNy fere subscribed to the within instrument and acknowledged to me that&sf%q� executed the same in'Q/he~r authorized capacity(Vs), and that by&/heffteir signature04 on the instrument the person(Sh, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature -- - -- - - -_ (Seal) TL n ofnc 8td o6 � Sam� iy , -� S aC Icilowl-e -nil e 4 , Aoeu-) onto 11 as,o v. af�l av i Y L6 )tu