HomeMy WebLinkAboutMINUTES - 06062006 - C.67 X
TO: BOARD OF SUPERVISORS CONTRA
FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES COSTA
DATE: JUNE 6, 2006 OUNTY
SUBJECT: AWARD JOB ORDER CONTRACT 006 IN THE AMOUNT OF NOT
LESS THAN $50,000 NOR MORE THAN $2,000,000 TO VILA r
CONSTRUCTION COMPANY, THE LOWEST RESPONSIVE AND C,
RESPONSIBLE BIDDER
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. AWARD and AUTHORIZE the General Services Director, or designee, to execute a one-year
contract in the amount of not less than $50,000 nor more than $2,000,000 to Vila Construction
Company, Richmond, the lowest responsive and responsible bidder for Job Order Contract
("JOC") 006.
2. AUTHORIZE the General Services Director, or designee, to exonerate any bid bonds posted by
the bidders and return any checks or cash submitted for security, after execution of the contract.
3. AUTHORIZE the General Services Director, or designee, 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.
4. DELEGATE, pursuant to Public Contract Code Section 4114, the Board's functions under Public
Contract Code Sections 4107 and 4110, with regards to subletting and subcontracting, to the
General Services Director, or designee.
5. DECLARE that, should the award of the contract to Vila 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
in accordance with Public Contract Code Sections 5100-5107.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): //--
ACTION OF BOA O C� APPROVED AS RECOMMENDED k:� OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:MICHAEL J.LANGO(313-7100)
Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN
Capital Projects Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISOr/A
THE DATE SHOWN.
CPM File: 000-0603/8.4.1 '
000-0603/A.5 ATTESTED 6 , 4-To 6
County Administrator's Office PHN CULLEN,CLERK OF tHE BOARD OF SUPERVISORS
County Counsel ND COUNTY ADMINISTRATOR
Auditor Controller 014�
Gordian Group(via CPM) BY DEPUTY
.Vila Construction Company(via CPM)
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AWARD JOB ORDER CONTRACT 006 IN THE AMOUNT June 6, 2006
OF NOT LESS THAN $50,000 NOR MORE THAN
$2,000,000 TO VILA CONSTRUCTION COMPANY, THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER
FINANCIAL IMPACT
JOC work orders will only be issued when there is an approved project and funding. The maximum
contract value of $2 million is a limit (not actual appropriated dollars), and it is possible that the limit
may not be reached.
BACKGROUND
Bids for Job Order Contract 006 were received and opened at the County Capital Projects
Management Division Office on April 25, 2006. The bid results are as follows:
BIDDER Weighted Bid Factor
Total Team Construction, Inc. 1.1258
West Sacramento
Vila Construction Company 1.1542
Richmond
Total Team Construction submitted the lowest bid factor. However, pursuant to the bid award criteria
in the specifications, a bidder must pass the Post-Bid Assessment evaluation. Total Team
Construction did not achieve the minimum passing score in the Post-Bid Assessment evaluation and
therefore cannot be awarded the contract. The second low bidder, Villa Construction Company,
passed the Post-Bid Assessment evaluation.
It is recommended that the Board of Supervisors award Job Order Contract 006 to the low responsive
and responsible bidder, Vila Construction Company ("Vila"), with the Weighted Bid Factor of 1.1542
for a contract amount not less than $50,000 nor more than $2,000,000 over the course of one year.
Vila will submit to the Contract Compliance Officer good faith efforts documentation to comply with
the County's Outreach Program for each individual Job Order of$100,000 or more.
The JOC program has been very successful for the County since its inception in May 2003. As
current JOC contracts are nearing maximum allowable expenditures, JOC contract 006 will enable
the General Services Department to continue providing efficient and cost effective facility repair and
remodeling services for County Departments.
CEQA documentation and approvals will be conducted upon initiation of any project.
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OSTA COUNTY
rE
•;r'.
G-3 epartment
_ ; Michael J. Lango
�;... :.. Director
MANAGEMENT
0.
:,.
Terry Mann
Deputy Director
ti
Rob Lim, PE
C'''` G• Manager
=S.
TRANSMITTAL
DATE: May 30, 2006
TO: Clerk of Board of Supervisors /
FROM: Ana Maria Cortez, Senior Clerk�rn.c/
SUBJECT: JOB ORDER CONTRACT - 006 (WW0555); Bid Proposals
We are sending you (X) attached via hand delivery the following items:
Item Copies Dated Description
1 1 04/25/06 Vila Construction Company Bid Proposal
2 1 04/25/06 Total Team Construction Services Bid Proposal
3 1 06/06/06 Copy of Board Order Awarding Job Order Contract
COMMENTS:
R L:amc
File: 000-0603/B.4.1
1220 Morello Avenue, Suite 100 • Martinez, CA 94553
(925) 313-7200 Phone • (925) 313-7299 Fax
1-1:\2006\0000603\06A003036t.doc
Vila Construction Company
(Bidder)
DIVISION C. PROPOSAL (BID FORM) for JOB ORDER CONTRACT 006
BIDS WILL BE RECEIVED UNTIL THE 25th Day of April,2006 at 2:00 P.M. in the Capital Projects
Management Division Office, 1220 Morello Avenue, Suite 100, Martinez, CA 94553-4711.
(1) TO THE DIRECTOR OF GENERAL SERVICES, MICHAEL J. LANGO, GENERAL
SERVICES DEPARTMENT:
The undersigned hereby proposes and agrees to furnish any and all required labor, material, .
transportation, and services for
JOB ORDER CONTRACT -006
Authorization No.: WW0555
in strict conformity with the Specifications, and other contract documents on file at the Office of the
Clerk of the Board of Supervisors, First Floor, Administration Building, 651 Pine Street, Martinez,
California, 94553, for the following sums; namely:
ADJUSTMENT FACTORS
Shall include all of the work:
Normal Working Hours (up to $25,000): Undersigned shall perform any or all tasks called for during Normal
Working Hours for Projects up to $25,000 in the quantities specified in individual Job Orders at the unit prices .
listed in the Construction Task Catalog multiplied by the adjustment factor of[insert here and on page C-2]:
[As an example,the adjustment factor might be 1.1350(i.e., 13.50%over the unit prices in the Construction Task
Catalog.]
Other Than Normal Working Hours* (p to $25,000): Undersigned shall perform any or all tasks called for
during Other Than Normal Working Hours for Projects up to$25,000 in the quantities specified in individual Job
Orders at the unit prices listed in the Construction Task Catalog multiplied by the adjustment factor of [insert
here and on page C-2]:
Normal Workinp, Hours (over $25,000): Undersigned shall perform any or all tasks called for during Normal
Working Hours for Projects over $25,000 in the quantities specified in individual Job Orders at the unit prices
listed in the Construction Task Catalog multiplied by the adjustment factor of[insert here and on page C-2]:
Other Than Normal Working Hours* (over $25,000): Undersigned shall perform any or all tasks called for
during Other Than Normal Working Hours for Projects over$25,000 in the quantities specified in individual Job
Orders at the unit prices listed in the Construction Task Catalog multiplied by the adjustment factor of [insert
here and on page C-21:
* Bids may be rejected if the `Other than Normal Working Hours' Factor is not equal to or greater than the
`Normal Working Hours' Factor.
HA2006\0000603\06A003007x.doc DIVISION C - 1
1
DI`IISION C. PROPOSAL (BID FORM) for JOB ORDER CONTRACT 006 (Continued)
Award Criteria Figure Formula
Line 1. Normal Working Hours Adjustment Factor(for Projects up to $25,000) 1. 1. 1850
Line 2. Multiply Line 1 by(15)% [x 0.151 2. .1777 ✓
Line 3. Other than Normal Working Hours Adjustment Factor
(for Projects up to$25,000) 3. 1.2300
Line 4. Multiply Line 3 by(10)% [x 0.101 4. . 1230
Line 5.Normal Working Hours Adjustment Factor(for Projects over$25,000) 5. 1.1350
Line 6. Multiply Line 5 by(60)% [x 0.601 6. .6810 r✓
Line 7. Other than Normal Working Hours Adjustment Factor
(for Projects over$25,000) 7. 1. 1500
Line 8. Multiply Line 7 by(15) % j x 0.15] 8, .1725 ✓
Line 9. Add Lines 2+4+6+ 8
(This is the Award Criteria Figure (ACF)for this Contract.) ACF 1. 1542 ✓
[NOTE: ACF shall be carried out to four decimal places, for example,ACF= 1.1375]
(2) It is understood that this bid is based upon a Contract Term of 365 calendar days from and after
the starting date as established by the Notice to Proceed issued for the first Job Order issued under this
Contract. Completion of the work for Job Orders will be defined in calendar days from and after the
starting date as established by the Job Order Notice to Proceed.
(3) It is understood, with due allowances made for unavoidable delays, that if the Contractor should
fail to complete the Job Order Work within the stipulated time, then, he/she shall be liable to the Public
Agency in the amount as detailed in Division D of the Specifications for each calendar day said work
remains uncompleted beyond the time for completion, as and for liquidated damages and not as a
penalty; it being agreed and expressly stipulated that it would be impractical and difficult to fix the
actual amount of damage.
(4) The undersigned is familiar with the Construction Task Catalog, Technical Specifications,
Contract Specifications, and other Contract Documents.
(5) The undersigned has checked carefully all of the above figures and understands that the Board
of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in
making up this bid.
(6) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in
the interest or in behalf of any person not herein named, and that the undersigned has not directly
induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to
refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for
himself/herself an advantage over any other bidder.
HA2006\0000603\06A003007x.aoc DIVISION C - 2
DIVISION C. PROPOSAL BID FORM) (Continued)
(7) Attachments are:
a) Noncollusion Affidavit form.
b) Bid security as required in the Notice to Contractors.
Cash XX Bidder's Bond Cashier's Check Certified Check
(8) The following addenda are hereby acknowledged as being included in the bid:
Addendum# dated
Addendum# dated
Addendum# dated
NOTE: Have you
(9) Firm VILA CONSTRUCTION COMPANY,, reviewed the
Division E
By(signature) Outreach Program
RiEhard H. Vi14 and Mandatory
Title President Subcontracting
Minimum (MSM)
Address 590 So. 33rd Street Richmond CA 94804 requirements and
the Division G
Phone: (510) 236-9111 Fax: (510) 236-4979 Small Business
Enterprise(SBE)
Federal Tax Payers I.D. or Social Security No. 94-6095524 Program for this
Contract?
Dated this 25th day of April 20 06
(10) Licensed in accordance with an act providing for the registration of Contractors:
Classification and License No. 300454 , Expiration Date 12/31/06
(11) Representations made herein are made under penalty of perjury.
RL:tb
14A2006\0000603\06A003007x.doc DIVISION C - 3
NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
State of California
ss
County of Contra Costa
Richard H. Vila , being first duly sworn, deposes and says
that he or she is President of
Vila Construction 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 any overhead, profit, or cost
element of the bid price, or of 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 or her 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.
Dated: April 25, 2006
Signed:
NOTE: THIS FORM MUST BE NOTARIZED
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
Countyof Contra Costa
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: C '2S a24 0(0
[NOTARIAL SEAL] `
PEGGY A.CLEMES Notary Pu lic
CommIsMon#1392406
a
No"Public COIUomla
ContraCosta County
9My Comm.Expires Jan 30,2007F
H:\2006\0000603\06A003007x.doc DIVISION C - 4
BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 06183
I
KNOWN ALL BY THESE PRESENTS, That we, VILA CONSTRUCTION COMPANY, as
Principal, and Travelers Casualty and Surety Company of America, as Surety, are held
and firmly bound unto THE COUNTY OF CONTRA COSTA, as Obligee, in the sum of
TEN PERCENT OF THE AMOUNT BID AND 00/100** Dollars ($10% OF AMOUNT BID
AND 00/100) for the payment of which we bind ourselves, and our successors and
assigns, jointly and severally, as provided herein.
WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a
contract for ("Project"). Job Order Contract 006
NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid,
and Principal enters into a contract with Obligee in conformance with the terms of the
bid and provides such bond or bonds as may be specified in the bidding or contract
documents, then this obligation shall be void; otherwise Principal and Surety will pay to
Obligee the difference between the amount of Principal's bid and the amount for which
Obligee shall in good faith contract with another person or entity to perform the work
covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed
the penal sum of this bond.
Signed this 14TH day of APRIL, 2006.
VILA CONSTRUCTION COMPANY
(Principal)
4 ,
By:
Richard H. Vila, resident
Travelers Casualty and Surety Company of America
By: .
J M S B SHEA, Attorney-in-Fact
ACKNOWLEDGMENT
State of California
County of SAN FRANCISCO
On 04/14/06 before me, VENETIA G JOHNSON, NOTARY PUBLIC
(here insert name and title of the officer)
personally appeared JAMES B S H EA
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.
VENETIA G.JOHNSON
.. Commission#1419935
WITNESS my hand and official seal. _ Notary Public-Callfomla
San Francisco County
MY Comm.:Explres May 24,2007
Signature
(Seal)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 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: R. A. Bass, Therese A. McNulty, James B. Shea, Katherine Tiberi, of San Francisco,
California, their true and lawful Attorney(s)-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 scaled 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.
(05-04)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 11th day of January, 2005.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF(AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY'
)SS. Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
,w1YYYrplW T Y A
i� rYc� � NpsGp O���;r`
g HARTFORD,t o a HARTFORD, 4 1 9 8 2� O By
` �cavN. CONN. Duo 1cd�yyE' ja George W. Thompson
"•-•';��" "1 ��� `y • "`' Senior Vice President
On this 11th day of January, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
�G.TET�
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 Scaled at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 14th day of
APRIL 12006
ypYWp!
(Y ANO
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g��.D�� Qp�, � sc 2 art
,r.HAWOFID t a HARTFORD, < c7 1 9 8 2 O
e CONN. CONN. o° c * D By
�+a�•••�M; l 'a,D� Peter Schwartz
Senior Vice President
Total Team Construction Services, Inc.
(Bidder)
DIViS.iON C. PROPOSAL (BiD FORM) for JOB ORDER CONTRACT 006
BIDS WILL BE RECEIVED UNTIL THE 25`x' Day of April, 2006 at 2:00 P.M. in the Capital Projects
Mailag;ernent Division Office, 1220 Morello Avenue, Suite 100, Martinez, CA 945533-471 1.
(1) TO THE DIRECTOR OF GENERAL SERVICES, MICHAEL J. LANGO, GENERAL
SERVICES DEPARTNI.ENT:
The undersigned hereby proposes and agrees to furnish any and all required labor, material,
transportation, and services for
JOB ORDi:R CONTRACT- 006
Authorization No.: WW0555
In strict conformity with tite Specifications, and other contract documents oil file.at the Office of the
Clerk of the Board of Supervisors, First Floor, Administration Building, 651 Pine Street, Martinez,
California, 94553, for the following; sums; narnely:
ADJUSTMENT FACTORS
Shall include all of the work:
Normal�4'orloing Hour~ up to $25;000 : Undersigned shall perforn iany or all tasks called for during Normal
Working hours for Projects up to .$25,000 in the quantities specified in individual Job Orders at the unit prices
listed in the ConstructionTask ask Catalog multiplied by the adjustment factor of[insert here and on page C-2]:
1.1600, (One point one six zero zero)
[:1s an c xangple, the adjustment factor might be 1.1350.(i.e., 13.50% over the unit prices in.the ConstrUCtion Task
Catalog.]
Other 'l han Normal Workina Hours"' (up to $25.000}: Undersigned shall perform any or all tasks called for
during Other Than Normal Working ]-lours for Projects up to$25,000 in the quantities specified in inolividual Joh
Orders at the unit prices listed in the Construction Task Catalog multiplied by the adjustment factor of [insert
here and on page C-21:
1.2000, (One point two zero zero zero)
Normal Working I-lorn-s (over $25,000): Undersigned shall perform any or all tasks called for during Normal
Working Hours for Projects over $25,000 in the quantities specified in individual Job Orders at the unit prices
listed ill the Construction Task Catalog multiplied by the adjustment factor of[insert here and on page C-2:1:
1.1000, (One point one zero zero zero)
(.)cher Than Normal Workini-,_Hours* (over $25,000): Undersigned shall perform any or all tasks called for
durin-, Other 'Phan Normal Working Hours for Projects over $25,000 in the quantities specified in individual Joh
OrdCr"S at tile unit prices listed in the Construction Task Catalog multiplied by the adjustment tactor of [insert
here and on page C-21:
1.1450 , (One point one four five zero)
' Bids may be rejected if the `Other than Normal Working Flours' factor is not equal to or greater than the
'Normal Working ]-lours' Factor.
I i.20061)0001, 3'AMA003007viloc DIVISION C -
DIVISION C. PROPOSAL (BID FORM) for JOB ORDER CONTRACT 006 (Continued)
Award Criteria Figure Formula
Line 1. Normal Working Hours Adiustment Factor for Projecas up to,$25,000) 1. 1.1600
Lincs 2. N9ultinly Line I by(IS)'Y,, [0.15.1 2. .0174 0. I Iqo
Linc 3. Other than Normal Working Hours Adjustment Factor 1.2000
Lfor Proiccts i p to X25 000) 3.
Linc 4. Py-Jk
.ultipl y Lit le--y � !3 b _ 10 io ( x 0..10 4. .0120 0, 1100
Line 5. Normal Workin7 hours Adiustnletit!'actor(for Projects over S'25.000) 5. 1.1000
Line 6. Multiply Linc 5 by (60)' „ f x 0.601 6. .6600 ✓
Line 7. Other than Normal Working Hours ,Adjustment Factor 1.1450
far 11ro'cets over$25,000) 7.
Linc 8. Multiply Linc 7 by(15)Vo [x 0.151 8. 17175
Line 9. Add Lincs 2 + 4-r 6 :f- 8
(This is the Award Criteria Fiyure (ACF).for this Contract.) ACF= 1.1258
INOTE: ACI•shall be carried out to four decimal places, for example, ACF= 1.13751
(2) It is understood that this bid is based upon a Contract 'fern, ol'365 calendar days from and after
the starting date as established by the Notice to Proceedissued for the first Job Order issued under this
C'01111-act. Completion of'the work for Job Orders will be defined in calendar clays from and after the
starting date as established by the ,lob Order Notice to Proceed.
(3) It is understood, with due allowances made for unavoidable delays, that if the Contractor should
fail to complete the .lob Order Work within the stipulated time, then, he/sllc shall be liable to the Public
Agency in the amount as detailed ill Division D of the Specifications for each calendar day said work
remains uncompleted beyond the lime for completion, as and for liquidated damages and not as a
penalty; It being agreed rind expressly stipulated that it would be impractical and difficult to fix t11e
actual amount of damage.
(4) The undersigned is Familiar with the Construction Task Catalog, Technical Specifications,
Contract Specifications, and other Contract Documents.
(5) ' he undersigned has checked carefully all of the above figures and understands that the Board
of Supervisors will riot be responsible for any errors or omissions on the part of the undersi pied in
making up this bid.
(6) The urldcrsigncd hereby certifies that this bid is genuine and not sham or collusive, or made til
the interest or in behalf of' any person not herein named, and that the undersigned has not directly
induced or solicited any Other bidder to pllt in .a. sham bid, or any other person, firm or corporation to
refrain from bidding, and that the undersigned has not in ally manner sought by collusion 10 secure for
hall elf/herscll�an advantage over any other bidder.
,...i........,,,,,,r,,,,,,,,,,,,,,,.J- DIVISION C - 2
DIVISION C. PROPOSAL (BID FORM) (Continued)
(7) A- ttachments are:
a) Noncollusion Affidavit form.
h) Bid security as required in the Notice to Contractors.
Cash xx Bidder's Bond Cashier's Check Certified Check
(8) The following addenda are Hereby acknowledged as being included in the bid:
Addendum # N/A dated
Addendum tr crated
Addendum It. dated
NOTE: Have you
(9) I Ir[ll Total Teamr ' n Services, Inc. rev}ewed the
Division E
By (signature) Outreach Program
and NIandaton
l ltle
Pr--; ent/ EO Subcontracting
1\lininmm (RIS,1I)
Address P.O. Box 980903, West Sacramento,.CA. 95798 requirements and
(lie lli,,•ision C
Phone: 916-375-8819 Fax: 916-375-1419 small Business
Enterprise(SBE)
federal Tax Pavers I.-D. or Social Security No. 20-0262165 Program for this
Contract?
Dated tills 25th day of April 20 06 .
(10) Licensed in accordance with an act providing for the registration of Contractors:
Classification and License No. 834524 , Expiration Date 3/31/08
(1 1) Representations made herein are made under penalty of perjury.
�tt.ab
DIVISION C -
i
NONCOLLUSION AFFIDAVIT TO BE MCUTED BY
BIDDER AND SUBMI'I"T.ED WITH BID
State of California
ss
County of Yolo
Kendall arvoks _ , being fust duly sworn, deposes and says
that he or she is President/CEO of
Total Team Construction Services, Inc. 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, contrived 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 any overhead, profit, or cost
element of the bid price, or of 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 or her bid
price or any breakdown thereof,or the contents thereof or divulged information or data relative thereto,
or paid, and will not pay, any fee to any corporation, partnership, company association, organization,
bid depository,or to any member or agent thereof to effectuate a collusive or share bid.
Dated: 4 �S/,
r.
A--
Signed:
NOTE: TMS FORM MUST BE NOT D
CMTrRCATF.OF ACKNOWLEDGMENT
State of California )
County of
On the date wrimn below,before me,rhe undersigned Notary Public,personally appeared the person(s)signing above for Contractor,
personally known w me(or proved to me on the basis of sadsfacrory evidence)to br The Verson(s)whose names)is/are subscribed to rhe
within insaw=r and acknowledged to me that heishe/rbey executed the same in bis/her/their aurhorizcd capacity(ies), and that by
his/herAheir signatures)on the instalment the person(s),or.the entity upon behalf of which the person(s)acted, executed the instrument.
WITNESS my h� D tial seal.
Dated-
LP
. . r
[NOTARIAL SEAL)
ERIN RUSSELL
O COMM#1440038 ; Notary Public
RNUIO
• NOTARY PUBLIC-CAUFO
SACRAMENTO COUNTY O
COMM.EXP.SEPT.18.2007 A
H:\.300610000603106A003007x.doc DIVISION C -4
Bid Bond
AIA Document A310 -Electronic Format
Bid Bond# TOTAL-12
KNOW ALL MEN BY THESE PRESENTS, that we TOTAL TEAM CONSTRUCTION SERVICES INC.
P O BOX 980903, WEST SACRAMENTO, CA 95798-0903
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
ONE TOWER SQUARE, HARTFORD, CT 06183-6014
(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of CONNECTICUT as Surety, hereinafter called the
Surety, are held and firmly bound into
CONTRA COSTA COUNTY
1220 MORELLO AVE., STE. 100, MARTINEZ, CA 94553
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of 10 % of amount bid for the payment of which sum
well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for(Here insert full name and address description of project)
JOB ORDER CONTRACT NUMBER 006
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of
such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay
to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered
by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 20th day of April, 2006.
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
TOTAL TEAM CONSTRUCTION SERVICES INC.
(Principal) (Seal)
(Witness Tia Young, ative Assistant By
Kendall ��s, President/CEO
(Title)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
(Surety) (Seal)
By
_ qjl�
Erin Russell, Attorney-in-Fact Y
(Title)
STATEOF Califronia
COUNTYOF Sacramento ]
On D before me, Sandra R.Black, Notary Public
(here insert name and title of the officer),personally appeared Erin Russell
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.
�- SANDRA R. BLACKZ
V COMM.#1484133
Signature (SEAL) NOTARY PUBUC-CALIFORNU+O
SACRAMENTO COUNTY n
COMM EXP.APRIL 18,20081
This area for Official Notarial.Seal
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
`6 ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Travelers Casualty and Surety Company of America
SIGNER(S)OTHER THAN NAMED ABOVE
ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 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: Sharon J. Rusconi, Sandra R. Black, Erin Russell, Marion Wehsels, of Sacramento,
California, their true and lawful Attorney(s)-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•
swne 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 Attomeys-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)dii1y executed(under seal,if
required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their-certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY .
COMPANY,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following.officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11-00 Standard)
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 27th day of June 2003.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS.Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
�4 9J,NSY ANOS pAsu �
fi9jW ' �- a HARTFORD, i t7 1 9 8 2' O ByCONN.rf 'b CONN. D;od'�F•CJD George W. Thompson
1"' ',i� d1 has `y • "`' Senior Vice President
On this 27th day of June, 2003 before'me personally came GEORGE W. THOMPSON to me known, who, being by me duly
.sworn,did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations;that the seals
affixed to the said instrument are such corporate seals;and that he/she cxccuted the said instrument on behalf of the corporations by .
authority of his/her office under the Standing Resolutions thereof.
ejxo .
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary 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 Hanford, State of Connecticut. Dated this day of
20
Jr�tY ANO r Nsu,�
►�S6.r Ftr e a <} �
4` a9 0d1°0R*r
Jl HARTFORD%r� a HARTFORD, 1 0. 1982�' O
ONNBy
�cONH. Cbcc Kori M. Johanson
t';v��°* 61 "N1 `y • ��' Assistant Secretary, Bond
,,.
TO: BOARD OF SUPERVISORS CONTRA::`fes
FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES nl _ COSTA
o rr h .s
DATE: JUNE 6, 2006sT�roux
COUNTY
SUBJECT: AWARD JOB ORDER CONTRACT 006 IN THE AMOUNT OF NOT
LESS THAN $50,000. NOR MORE THAN $2,000,000 TO VILA
CONSTRUCTION COMPANY, THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. AWARD and AUTHORIZE the General Services Director, or designee, to execute a contract in
the amount of not less than $50,000 nor more than $2,000,000 to Vila Construction Company,
Richmond, the lowest responsive and responsible bidder for Job Order Contract ("JOC") 006.
2. AUTHORIZE the General Services Director, or designee, to exonerate any bid bonds posted by
the bidders and return any checks or cash submitted for security, after execution of the contract.
3. AUTHORIZE the General Services Director, or designee, 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.
4. DELEGATE, pursuant to Public Contract Code Section 4114, the Board's functions under Public
Contract Code Sections 4107 and 4110, with regards to subletting and subcontracting, to the
General Services Director, or designee.
5. DECLARE that, should the award of the contract to Vila 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
in accordance with Public Contract Code Sections 5100-5107.
CONTINUED ON ATTACHMENT: X YES SIGNAT
_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNAI URE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES:— NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: MICHAEL J.LANGO(313-7100)
Originating Dept.:General Services Department
cc: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
Capital Projects Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISORS ON THE DATE SHOWN.
CPM File: 000-0603/B.4.1
000-0603/A.5 ATTESTED
County Administrator's Office JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Auditor Controller
Gordian Group(via CPM) BY DEPUTY
Vila Construction Company(via CPM)
H:\2006\0000603\06A003033brev.doc RL:Ib Page 1 of 2 M382(10/88)
AWARD JOB ORDER CONTRACT 006 IN THE AMOUNT June 6, 2006
OF NOT LESS THAN $50,000 NOR MORE THAN
$2,000,000 TO VILA CONSTRUCTION COMPANY, THE
LOWEST RESPONSIVE AND RESPONSIBLE BIDDER
FINANCIAL IMPACT
JOC work orders will only be issued when there is an approved project and funding. The maximum
contract value of $2 million is a limit (not actual appropriated dollars), and it is possible that the limit
may not be reached.
BACKGROUND
Bids for Job Order Contract 006 were received and opened at the County Capital Projects
Management Division Office on April 25, 2006. The bid results are as follows:
BIDDER Weighted Bid Factor
Total Team Construction, Inc. 1.1258
West Sacramento
Vila Construction Company 1.1542
Richmond
Total Team Construction submitted the lowest bid factor. However, pursuant to the bid award criteria
in the specifications, a bidder must pass the Post-Bid Assessment evaluation. Total Team
Construction did not achieve the minimum passing score in the Post-Bid Assessment evaluation and
therefore cannot be awarded the contract. The second low bidder, Villa Construction Company,
passed the Post-Bid Assessment evaluation.
It is recommended that the Board of Supervisors award Job Order Contract 006 to the low responsive
and responsible bidder, Vila Construction Company ("Vila"), with the Weighted Bid Factor of 1.1542
for a contract amount not less than $50,000 nor more than $2,000,000 over the course of one year.
Vila will submit to the Contract Compliance Officer good faith efforts documentation to comply with
the County's Outreach Program for each individual Job Order of $100,000 or more.
The JOC program has been very successful for the County since its inception in May 2003. As
current JOC contracts are nearing maximum allowable expenditures, JOC contract 006 will enable
the General Services Department to continue providing efficient and cost effective facility repair and
remodeling services for County Departments.
CEQA documentation and approvals will be conducted upon initiation of any project.
H:\2006\0000603\06A003033brev.doc Page 2 of 2 M382(10/88)
f ,NTR OSTA COUNTY
'VO ..�=:_:
eneal_ ea5 department RECEIVED Michael J. Lango
�'`•1 ..._, ;` Director
LIM .2
MANAGEMENT
Terry p;'. :;<<; i.•. j� Mann
JUN 2 6 2006 Deputy Director
Rob Lim, PE
CLERK BOARD OFSUPERVISORS Manager
sr / CONTRA COSTA CO.
-
TRANSMITTAL
DATE: June 22, 2006
TO: Vila Construction Company
590 South 33rd Street
Richmond, CA 94804
FROM: Ana Maria Cortez, Senior Clerk� yn
SUBJECT: JOB ORDER CONTRACT - 006 (WW0555)
We are sending you attached via U.S. MAIL the following items:
Item Copies Dated Description
1 1 06/06/06 Fully executed Construction Contract
2 1 Prevailing Wage Rate Schedule
3 1 Verification of Performance Form**
COMMENTS: **Please don't forget to complete a Verification of Performance Form on jobs
over $100,000.
Please post Prevailing Wage Rate Schedule at job site.
RL:amc
cc w/Items 1 encl.: Clerk of the Board (w/bonds)
(Award Date: June 6, 2006 Item No.: C.67)
County Administrator's Office
J. Crapo
E. Kuevor
General Services Department
T. Mann
R. Lim
File: 000-0603/C.1.1
1220 Morello Avenue, Suite 100 • Martinez, CA 94553
(925) 313-7200 Phone • (925) 313-7299 Fax
H:\2006\0000603\06A003040t.doc
• File: 000-0603/C.1.1
CONTRACT
(Construction Agreement)
(Contra Costa County Standard Form)
I. SPECIAL TERMS. These special terms are incorporated below by reference.
(See Secs.2,3) Parties: (Public Agency) CONTRA COSTA COUNTY
(Contractor) VILA CONSTRUCTION COMPANY
590 SOUTH 33RD STREET
RICHMOND,CA 94804
(See Sec. 2) Effective Date: June 6,2006(See Section 4 for starting date.)
(See Sec. 3) The Work: JOB ORDER CONTRACT—006,AUTHORIZATION NO. WWO555, IN ACCORDANCE WITH
PLANS AND SPECIFICATIONS, PREPARED BY OR FOR THE DIRECTOR OF GENERAL
SERVICES AND IN ACCORDANCE WITH THE ACCEPTED BID PROPOSAL
(See Sec.4) Completion Time: As directed in Notice to Proceed issued to Contractor for each individual Job Order.
(See Sec.5) Liquidated Damages: See Section 5
(See Sec.6) Public Agency's Agent: Michael J. Lango,Director of General Services
(See Sec.7) Contract Price: $2,000,000.00
(See Sec. 8) Federal Taxpayers I.D.or Social Security No.:94-6095524
2. SIGNATURES&ACKNOWLEX414INT.
Public Agency,By: Date: E ye c6
Mic J rector'of General Services /
Recommended By: Date:
Rob im,Capital Projects Division Manager
Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation
Law.
r•
By:
(Desi official capacity in inthe business) (CORPORATE
ident SEAL)
B • �-" C
(Designate official capacity in the business)
Robert P. Vila, Secretary
Note to Contractor: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman of the board,
president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ.
Code,Sec. 1 190 and Corps.Codc,Sec. 313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
Contra Costa ) 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. _.
Cornmi;s:�n # 1386752
Dated: �,ir o iblic C r
[NOTARIAL SEA j';. •� .. r.4 nntra Costa C'•I:m G T. ✓.
� J14btary Public
(CC-1;Rev. 6-04)
H:\2006\0000603\06AO03034c.doc DIVISION D - I
Page 1 of 4
File: 000-0603/C.1.1
3. WORK CONTRACT, CHANGES. (a) By their signatures in Section 2, effective on the above date,these parties promise and agree as set
forth in this contract,incorporating by these references the material("special terms")in Section 1.
(b) The Work of this Contract consists of all Job Orders issued by the Public Agency to the Contractor, as further described in the Detailed
Scope of Work for each individual Job Order.
(c) Contractor shall 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 Contract Documents,including the Construction Task Catalog and Technical Specifications.
(d) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties;and the
Public Agency shall never have to pay more than specified in Section 7 without such an order.
4. TIME: NOTICE TO PROCEED. The term of the contract commences on the effective date of the Notice to Proceed issued for the first job
order.
TERM: The term of the Job Order Contract will be either for one year or when issued Job Orders totaling the Maximum Contract Value
including any options have been completed, whichever occurs first. All Job Orders,to be valid,must be issued but not necessarily completed
within one calendar year of the commencement date of the Contract. Supplemental Job Orders used to reconcile existing Job Orders may be
issued after the one calendar year term.
JOS ORDER NOTICE TO PROCEED. Contractor shall start the work as directed in the Notice to Proceed issued to Contractor for each
individual Job Order,and shall complete it within the time specified in the Notice to Proceed or the Detailed Scope of Work for the Job Order.
5. LIQUIDATED DAMAGES. If the Contractor fails to complete the work on any individual Job Order within the time fixed therefor,allowance
being made for contingencies as provided herein, the Contractor 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
below, 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 the Job Order(s). 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.
SCHEDULE FOR LIQUIDATED DAMAGES(if liquidated damages are applicable on a Job Order)
Job Order Amount Per Calendar Day
$1.00 to 525,000.00 $235.00
$25,001.00 to$100,000.00 $325.00
$100,001.00 to$250,000.00 $410.00
$250,001.00 to$500,000.00 $525.00
$500,001.00 to$1,000,000.00 $750.00
6. INTEGRATED DOCUMENTS. The Contract Documents of the Public Agency's call for bids(including the Construction Task Catalog and
Technical Specifications), the Contractor's accepted bid for the work, and the Detailed Scope of Work for each Job Order are incorporated into this
contract; and they are intended to cooperate,so that anything shown or described inone and not in another is to be executed as if shown or described
in all, to the true intent and meaning when taken all together; and differences of opinion concerning these shall be finally determined by Public
Agency's Agent specified in Section 1.
7. PAYMENT. (a)For the Contractor's 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 listed in the Detailed Scope of Work for each individual Job Order,but in no event shall the total
payment to the Contractor exceed the sum specified in Section 1.
(b) On or about the first of each calendar month, the Contractor shall be paid for all work done through the I5th of the preceding calendar
month,as determined by Public Agency or its Agent,minus 101'0 thereof pursuant to Public Contract Code Section 9203,but not until defective work
and materials have been removed,replaced,and made good.
S. PAYMENTS WITHHELD. (a)The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all
or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of:
(1) Defective work not remedied,or uncompleted work,or
(2) Claims filed or reasonable evidence indicating probable filing,or
(3) Failure to properly pay subcontractors or for material or labor,or
(4) Reasonable doubt that the work can be completed for the balance then unpaid,or
(5) Damage to another Contractor,or
(6) Damage to the Public Agency, other than damage due to delays.
(CC-1; Rev.6-04)
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(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 for each individual Job Order, it shall issue a certificate to the
Contractor and pay the balance of the contract price then owing after deducting all amounts withheld under this contract,provided the Contractor
shows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the
Contractor,and no liens or withhold notices have been filed against the work or site,and provided there are not reasonable indications of defective or
missing work or of late-recorded notices of liens or claims against Contractor.
9. INSURANCE. (Labor Code Sections 1860-61) On signing this contract, Contractor must give Public Agency(1) a certificate of consent to
self-insure issued by the Director of Industrial Relations,or(2)a certificate of Workers'Compensation insurance issued by an admitted insurer,or(3)
an exact copy or duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the
Workers'Compensation Law.
10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s)
specified in the specifications or special provisions, guaranteeing Contractor's faithful performance of this contract and Contractor's payment for all
labor and materials hereunder.
11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply
sufficient materials or workers to complete this agreement and work as provided herein,for a period of 10 days or more after written notice thereof
by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price.
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 the California Labor Code(beginning with Section 1720,and including Sections 1735, 1777.5,& 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& 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 worker needed to execute this contract,and said rates are as specified in the call for bids for this work or are on file with the
Public Agency,and are hereby incorporated herein.
(b) This schedule of wages is based on a working day of 8 hours unless otherwise specified; and the daily rate is the hourly rate multiplied by the
number of hours constituting the working day. When less than that number of hours are worked,the daily wage rate is proportionately reduced,but
the hourly rate remains as stated.
(c) The Contractor,and all Contractor's subcontractors,must pay at least these rates to all persons on this work,including all travel,subsistence,and
fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage
scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for
the Contractor or any subcontractor to employ any person in a craft, classification or type of work (except executive, supervisory, administrative,
clerical or other non-manual workers as such) for which no minimum wage rate is specified, the Contractor shall immediately notify the Public
Agency which shall promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon, which
shall apply from the time of the initial employment of the person affected and during the continuance of such employment.
15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work, and no worker employed at any time on this
work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections
1810-1815.
16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and
1777.6,forbidding discrimination.
17. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County, and the
Contractor therefore promises to use the products,workers, laborers and mechanics of this County in every case where the price, fitness and quality
are equal.
18. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor;but he cannot assign it in whole or
in part,nor any monies due or to become due under it,without the prior written consent of the Public Agency and the Contractor's surety or sureties,
unless they have waived notice of assignment.
19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials,or approval of work and/or materials inspected,or statement
by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract,or
acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination of these acts, shall not relieve the
Contractor.of Contractor's obligation to fulfill this contract as prescribed;nor shall the Public Agency be thereby estopped from bringing any action
for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof.
20. HOLD HARMLESS& INDEMNITY. (a)Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this
section.
(b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards, commissions,
officers, agents and employees, together with any additional persons and entities, if any, listed in the Supplementary General Conditions(Division
G).
(CC-l;Rev. 6-04)
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(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.
21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to Public Agency a
detailed plan showing the design of shoring;bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground
during trench excavation.
22. RECORD RETENTION AND AUDITING. Except for materials and records delivered to Public Agency, Contractor shall maintain and
retain, for a period of at least five years after Contractor's receipt of the final payment under this contract,all records relating to this contract or to the
work, including without limitation estimates, bids, shop drawings, submittals, subcontracts, personnel and payroll records,job reports and diaries,
receipts, invoices, cancelled checks and financial records. Upon request by Public Agency,at no additional charge, Contractor shall promptly make
such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra
Costa County designated by Public Agency,and without restriction or limitation on their use.
23. VENUE. Any litigation involving this contract or relating to the work shall be brought in Contra Costa County, and Contractor hereby waives
the removal provisions of Code of Civil Procedure Section 394.
24. ENDORSEMENTS. Contractor shall not in its capacity as a Contractor with Contra Costa County publicly endorse or oppose the use of any
particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County Contractor capacity, Contractor
shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and
widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County Contractor capacity,
Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial
product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be
interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its
views on products to other Contractors, the Board of Supervisors, County officers,or others who may be authorized by the Board of Supervisors or
by law to receive such views.
25. USE OF PRIVATE PROPERTY. Contractor shall not use private property for any purpose in connection with the work absent a prior,
written agreement with the affected property owner(s).
(CC-1;Rev. 6-04)
(Form approved by County Counsel)
RL:tb
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PERFORNI.ANC:E BOND -- PUBLIC: «YORK
Bond No. 103321337
Premium $16,825.00
Ariv clainl Under this Bond should be sent
to the following address:
ST PAUL TRAVELERS
100 CALIFORNIA STREET #300
KNOW ALL I•1EN BY THE PRESENTS: SAN FRANCISCO, CA 94111
That we, VILA CONSTRUCTION COMPANY
As Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
a corporation organized and existing under the laws of the State of
CONNECTICUT and authorized to transact surety business in the State of California,
as Surety, are held and firmly bound unto CONTRA COSTA COUNTY, as Obligee, in the sum of TWO
MILLION AND 00/100 Dollars (52,000,000.00) lawful money of the United States of America, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns,jointly and severally, firmly by these presents.
THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract
dated June 6, 2006, with the Obligee to do and perform the following -vork, to wit:
JOB ORDER CONTRACT — 006, AUTHORIZATION NO. NN"W0555, IN ACCORDANCE
WITH PLANS AND SPECIFICATIONS, PREPARED BY OR FOR THE DIRECTOR OF
GENERAL SERVICES AND IN ACCORDANCE WITH THE ACCEPTED BID PROPOSAL
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 Suretv 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 9th day of NNE _ 20 96
VILA CONSTRUCTION COMPANY TRAVELERS CASUALTY AND SURF`i'Y CO` MY
OF AMERICA
(Principal) (Surety)
Richard H. Vila (Situnature)President �AMES B SHEA ( 1<_rnature) ATTORNEY—IN—FACT
(SEAL_ AND ACKNOWLEDGEMENT OF NOTARY) (SEAL AND ACKNOWLEDGEMENT OF NOTARY)
I:I.ah
cru, Pa,-,e 1 of 1
ACKNOWLEDGMENT
State of California
County of SAN FRANCISCO
On 06/09/06 before me, VENETIA G JOHNSON, NOTARY PUBLIC
(here insert name and title of the officer)
personally appeared JAMES B SHEA
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.
`/ENUTA G.JOHNSOPI
• ••f` Commission# 1419935
WITNESS my hand and official seal. - Notary Public-California
Z
San Francisco County
f My Comm.Expires May 24,2007
Signature
(Seal)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARNIINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)AN-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 ;Lartfurd, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: R A. Bass, Therese A. IVIcNulty, James B. Shea, Katherine Tiberi, of San Francisco,
California, their true and lawful Attornev(s)-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, r.:cogiiizances, 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 pari 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(tinder 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 nom, 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 certifi:;ate bcaiing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
entified 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.
(05-04)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 l IIli day of January, 2005.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
ISS. Hartford FARMINGTON CASUALTY COMPANY
COiINTY OF HARIT ORD
��wrrrY;w, IY ANOs C'1•su&
`.F1ARTF(y FDA W
HARTFORD. o Z 1 981� 00By
a; �b1 ,b George W. Thompson
+ ` Senior Vice President
On this 11th day of January, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and sav: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
GEroo
M. 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 9 th day of
JUNE 120 06
rrr mo
01
c7•`FWRT-�R�'1,i'rt a HARTFORD,G9< c~J 19 g 0
�CQNN. N. oc� a By
••. ••'ra+ 'may +a� 6` dJ
Y Peter Schwartz
;.,,', Senior Vice President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of CONTRA COSTA
On JUNE 14, 2006 before me, DOROTHY A. MARTIN, NOTARY PUBLIC
Date Name and Title of Officer(e.g.. 'Jane Doe.Notary Public")
personally appeared RICHARD H. VILA
Name(s)of Signer(s)
[N personally known to me
= proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
A. IMARr;r,; he/she/they executed the same in his/her/their
l �!; authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
-o`'=' CCtl`' entity upon behalf of which the person(s) acted,
A
J executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above %`"��'�. ;L �• ��`'�<' "
Sign Lure of Notary Public
V
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.
Descrip ' of Attached Document
Title or Type o current:
Document Date: Number of Pages:
Signer(s) Other Than Named Abov .
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual Individual
❑ Corporate Officer—Title(s): ❑ r orate Officer—Title(s):
❑ Partner—❑ Limited 7; General ❑ Partn —El Limited L General
❑ Attorney in Fact Top of thumb here El Attorney i Ct Top of thumb here
❑ Trustee CI Trustee
❑ Guardian or Conservator ❑ Guardian or Conse r
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
..r<:._ .._ .�.._ _C•.-4 .C:-.4r�(%Li.Y ti:'-:,'t`4-^:-�C''-4.:.<(.-^;Z-C-(.-C.'t`.c,'�'�`-�.-'C-�..-:;c,•L�4:-%.:�(:'.�C:-<.=<�C`_C.c-4`Z�:r.C,<.`<:c-C.�,<;�C��,'ZS;
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
P.A1 1IENT BOND -- PUBLIC WORK
Civ. Code, §§ 3247 - 3248
Bond No. 103321337
Premii>m CE
Any claim under this Bond should be sent
to the followim-, address:
ST PAUL TRAVELERS
100 CALIFORNIA STREET #300
KNOW ALL MEN BY THE PRESENTS: SAN FRANCISCO, CA 94111
That Nve, VILA CONSTRUCTION COMPANY
As Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
CONNECTICUT , 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 CONTRA COSTA COL-NTTY, as Obligee, in the sum of TWO
MILLION AND 00;100 Dollars (52,000,000.00) lawful money of the United States of America, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns,jointly and severally, firmly by these presents.
.THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract
dated June 6, 2006, with the Obligee to do and perform the following work, to wit:
JOB ORDER CONTRACT — 006, AUTHORIZATION NO. WW0555, IN ACCORDANCE
WITH PLANS AND SPECIFICATIONS, PREPARED BY OR FOR THE DIRECTOR OF
GENERAL SERVICES AND IN ACCORDANCE WITH THE ACCEPTED BID PROPOSAL
as is more specifically set forth in the contract documents, reference to which is hereby made.
NOW, THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section
3181 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or
labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to
the Employment Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work
and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and
also, ill case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This bond shall enure to the benefit of any of the persons named in Section )181 of the Civil Code so as to
cyive a ri-lit of action to such persons or their assigns in any suit brought upon this bond.
SIGNED AND SEALED, this 9TH day of .TUNE _ 7006
TRAVELERS CASUALTY AND SURETY CtW.ANY
VILA CONSTRUCTION COMPANY OF AMERICA _
(Principal) (Surety)
Richard Vila lu (Sigt aturc) PresidentAi1+IES B SHEA(SiVmature) ATTORNEY—IN—FACT
(SEAL AN 1)A(;KNONN:LFDGE)IENT OF N.01:XRY) (�F,�'1.AND:k('KNONN LEDGE\IENT OF NOTARY)
I:I_ai
Paue 1 of I
ACKNOWLEDGMENT
State of California
County of SAN FRANCISCO
On 06/09/06 before me, VENETIA G JOHNSON, NOTARY PUBLIC
(here insert name and title of the officer)
personally appeared JAMES B SHEA
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.
AL &VENETIA G.JOHNSON
^C " Commission# 1419935
WITNESS my hand and official seal. h` ry
Public-California
San Francisco County
1 . My Comm.Expires May 24,2007
Signature ow-'e.
'�
(Seal)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMUNGTON CASUALTY COMPANY
Hartford, Connecticut 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 FARtMINGTON CASUALTY COMPANY,
:erporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of llartfotd, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents .,nake, constitute and appoint: R. A. Bass, Therese A. McNulty, James B. Shea, Katherine Tiberi, of San Francisco,
California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
aci<rlowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all
bonds, rccognizances, 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 scaled 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
po\ver of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for
p::rposcs only„rcxccuting:tnd attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or ctrtiticate hearii,g such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
ccrti�.ied by such facsimile: si^nature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
un+!ertaking to which it is attached.
(05-04)Unlimited
JN 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 11th day of Januan., 2005.
STATE OFCONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS. Ilartford FARMINGTON CASUALTY COMPANY
COUNTY OF!WZTFORD
IY ANO GASU,� t
4 a....•Fr C� �.
� •
6,7 yAO � ¢ HAWFURD, < t7 1982 O BY
CONN. Z n ••• George W. Thompson
Senior Vice President
a
�Mmwn�1°
On this 1 Ith day of January, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
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 9th day of
JUNE 120 Ob
�•••--�-AE';;ti '0y
QY ANF'
i1HARTFORDN�,s�a9� p?" 1982 "0
t
CONN. 0NN a
By
Peter Schwartz(Val Senior Vice President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.,f_1'.i'.�'.a�( `C`�!` !` i`�./`1-4����-,. �. ^,.,,r_t�_i..,,..;r .�.'.rn (• /`�I.`rf "r'i` `(� <.-..• !"._,._..y, y^:5�.:� t
State of California
ss.
County of CONTRA COSTA
On JUNE 14, 2006 before me, DOROTHY A. MARTIN, NOTARY PUBLIC
Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public')
personally appeared RICHARD H. VILA
Name(s)of Signer(s)
XX personally known to me
C 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 ca aci fes , and that b his/her/their
-t;, C; onrnia P tY( ) Y
w: - signature(s) on the instrument the person(s), or the
1,2r entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above ;.`;'/•�� y. ., ((" y6"Y-i�-f!.��
ignature 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.
Descrip • n of Attached Document
Title or Type o ocument:
Document Date: Number of Pages:
Signer(s) Other Than Named Abo
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
C Individual r; Individual
* Corporate Officer—Title(s): u orporate Officer—Title(s):
❑ Partner—i7 Limited ❑ General Pa r—C Limited General
Attorney in Fact : ' Attorne Fact mimmul;211611 leii RR
Top of thumb here — Top of thumb here
Trustee ` Trustee
Guardian or Conservator -1 Guardian or Cons tot
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
MAY.25.2005� 9:38AM ARCH/LEASE`y ""'` ' N0.7041 P.2
Contra Costa County
APPROVALS
RECOMMENDED BY DEPARTMENT APPROVED BY
COUNTY COUNSEL
By: By-
Designee Deputy
Attachment to Board Order dated June 6,2006
Awarding Job Order. Contract 006 between
Contra Costa County and Vila Construction
Company
C:\DOCUME—l\KRrP-SC—L\LOCALS--I\Temp\notcc2991 I OWADWMo.dot