HomeMy WebLinkAboutMINUTES - 03062007 - C.79 VFW
To: BOARD OF SUPERVISORS .;f; '�', CONTRA
FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES a :: =y�o7 COSTA
_.
DATE: MARCH 6, 2007 COUNTY
a 45
SUBJECT: AWARD OF .CONSTRUCTION CONTRACT FOR THE NEW
EMERGENCY POWER GENERATOR AT 50 DOUGLAS DRIVE, C_
THIRD FLOOR, MARTINEZ FOR THE HEALTH SERVICES
DEPARTMENT (WW0530)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. AWARD a contract in the amount of $242,168 to R-E Corporation DBA Reliance Enterprises
("Reliance"), Santa Rosa, the lowest responsive and responsible bidder for the subject project,
and AUTHORIZE the General Services Director, or designee, to execute the contract.
2. DETERMINE that Reliance, as the lowest responsive and responsible bidder, has documented
an adequate good faith effort to comply with the specifications and requirements of the County's
Outreach Program, and WAIVE any irregularities in such compliance.
3. 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.
4. 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.
5. AUTHORIZE the Director of General Services, or designee, to order changes or additions to the
contract work pursuant to Public Contract Code Section 20142.
6. 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.
CONTINUED ON ATTACHMENT: X YES SIGNATf;E:::?:eg
COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
,-'APPROVE OTHER
r
SIGNATURE(S):
ACTION OF BOA O wLe (O 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 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 SUPERVISORS ON THE DATE SHOWN.
CPM File: 250-0608/C.1.1
250-0608/A.5 ATTESTED
County Administrator's Office JOHN CULLEN,CLERK FBOARD OF UPERVISORS
MINISTRA
County Counsel AND OUNTY ADOR
Auditor Controller
Health Services Department(via CPM) BY G —DEPUTY
Reliance Enterprises(via CPM)
H:\2006\2500608\06L008030brev.doc SJ:AMC Page 1 of 2 M382(10/88)
AWARD OF CONSTRUCTION CONTRACT FOR THE March 6, 2007
NEW EMERGENCY POWER GENERATOR AT 50
DOUGLAS DRIVE, THIRD FLOOR, MARTINEZ FOR THE
HEALTH SERVICES DEPARTMENT
7. DECLARE that, should the award of the contract to Reliance 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.
FINANCIAL IMPACT
Health Services Enterprise funds are budgeted for this project.
BACKGROUND
The project and the plans and specifications were previously filed with and approved by the Board of
Supervisors, and bids were duly invited, received, and opened by the County Capital Projects
Management Division on February 1, 2007. The bid results are as follows:
BIDDER Base Bid
R-E Corporation
DBA Reliance Enterprises $242,168
Santa Rosa
Globus Electric $246,176
Sacramento
Sousa Electric $253,676
Livermore
The bidder listed first above, Reliance Enterprises has submitted the lowest responsive and
responsible bid, which is $4,008 less than the next lowest bid. The Contract Compliance Officer has
reported that Reliance Enterprises has documented an adequate good faith effort to comply with the
requirements of the County's Outreach program. The Director of General Services therefore
recommends that the contract be awarded to Reliance Enterprises.
The general prevailing rates of wages, which shall be the minimum rates paid on this project, are on
file with the Clerk of the Board, and copies are available to any party upon request.
The Health Services Department (HSD) has identified a need to maintain redundant communication
between and among healthcare facilities, HSD, first responders, and law enforcement. This would be
accomplished through the Department Operations Center (DOC).
A generator is needed to power the DOC in the case of a terrorist attack or natural disaster resulting
in loss of electrical power. The new DOC space, located within the offices of Health Services
Administration at 50 Douglas Drive, Martinez, offers more square footage, newer construction, and
the ability to connect a generator to dedicated circuits that would provide electricity for radio,
telephone, computer, lighting and HVAC during a major incident. The recommended generator
provides 70,000 watts of electricity and is completely self-contained, including its own diesel fuel
storage tank. It would be hard-wired into the existing building wiring and start automatically whenever
the power goes out. This generator is crucial to the communication needs of the County. Without it,
the DOC will be forced to rely on the normal power grid, which may not be in operation during an
emergency.
H:\2006\2500608\06L008030brev.doc Page 2 of 2 M382(10/88)
f ` ;NTT13OSTA COUNTY
- Michael J. Lango
!� General:Ser R66s department
I �. •. e.- 0 Director
ITAt' t E TS MANAGEMENT
Terry Mann
Deputy Director
{r\�
� ...
.:
- ..�
V r... � ' �7�q,,f Rob Lim, PE
r
Manager
TRANSMITTAL RE
CEIVED
DATE: April 3, 2007
0 9 2001
TO: R-E Corporation
dba Reliance Enterprises OF SUPERVISORS
P. O. Box 1743 A COSTA CO.
Santa Rosa, CA 95402 /P
FROM: Terry Brophy, Lead Specialist
SUBJECT: NEW EMERGENCY POWER GENERATOR AT 50 DOUGLAS DRIVE,
THIRD FLOOR, MARTINEZ FOR THE HEALTH SERVICES
DEPARTMENT (WW0530)
We are sending you attached via U.S. MAIL the following items:
Item Copies Dated Description
1 1 3/6/07 Fully executed Construction Contract
2 2 4/3/07 Notice to Proceed
3 1 Prevailing Wage Rate Schedule
4 1 Verification of Performance Form
COMMENTS: Sign and return one copy of the Notice to Proceed.
Please post Prevailing Wage Rate Schedule at job site.
sJ:tl)
cc w/Items 1 & 2 encl.: Clerk of the Board (w/bonds)
(Award Date: March 6, 2007 Item No.: C.79)
County Administrator's Office
J. Crapo
E. Kuevor
General Services Department
T. Mann
S. Jordan
File: 250-0608/C.1.1
1220 Morello Avenue, Suite 100 • Martinez, CA 94553
(925) 313-7200 Phone • (925) 313-7299 Fax
I 1:\2006\?500608\06L008039t.doc
CONTRA COSTA COUNTY _
General Services Department Michael J. Lango
CAPITAL PROJECTS MANAGEMENT Director
1220 Morello Avenue, Suite 100 Terry Mann
Martinez, California 94553 Deputy Director
(925) 313-7200 Phone Rob Lim, PE
(925) 313-7299 Fax Manager
April 3, 2007
R-E Corporation
dba Reliance Enterprises
P. O. Box 1743
Santa Rosa, CA 95402
SUBJECT: NEW EMERGENCY POWER GENERATOR AT 50 DOUGLAS DRIVE, THIRD
FLOOR, MARTINEZ FOR THE HEALTH SERVICES DEPARTMENT
(WW0530); Notice To Proceed
Pursuant to the Contract dated March 6, 2007 for the subject project, we are issuing this Notice to
Proceed, with the following terms:
Starting date: April 5, 2007
Contract completion time: 120 calendar days
Contract completion date: August 3, 2007
Please add your signature on the line provided at the bottom of this letter to signify your acceptance and
agreement with the terms of this notice, and return a copy with your signature for our files. An extra
copy of this letter is enclosed for your convenience.
Sincere c
r
ob Lim, . E.
Capital Projects Division Manager
RI_:tb
Enclosure
ACCEPTANCE:
Contractor's Signature Date
File: 250-0608/C.1.1
1-1:\2006 500604\06L004034n.cioc
File: 250-0608/C.LI
I
J ,
CONTRACT'
(Construction Agreement)
(Contra Costa County Standard Form)
I. SPECIAL TERMS. These special terms are incorporated below by reference.
(Sec Sccs. 2,3) Parties: (Public Agency) CONTRA COSTA COUNTY
(Contractor) R-E CORPORATION
DBA RELIANCE ENTERPRISES
P.O.BOX 1743
SANTA ROSA,CA 95402
(See Sec. 2) Effective Date: March 6,2007. (See Section 4 for starting date.)
(See Sec.3) The Work: NEW EMERGENCY POWER GENERATOR AT 50 DOUGLAS DRIVE,THIRD FLOOR,MARTINEZ
FOR THE HEALTH SERVICES DEPARTMENT,AUTHORIZATION NO. WW0.530.IN
ACCORDANCE WITH PLANS AND SPECIFICATIONS INCLUDING ADDENDUM NO. I,
PREPARED BY OR FOR THE DIRECTOR OF GENERAL SERVICES,AND IN ACCORDANCE
WITH THE ACCEPTED BID PROPOSAL, BASE BID
(See Sec.4) Completion Time: Within 120 calendar days from starting date.
(Sec Sec. 5) Liquidated Damages: S 1,000.00 per calendar day.
(See Sec. C) Public Agency's Agent: Michael J. Laneo,Director of General Services
(See Sec. 7) Contract Price: 5242,16£1.00
(See Sec. 8) Federal Taxpayers I.D. or Social Security No.: 94-1334450
2. SIGNATURES& ACKNOWLE ' ENT.
Public Agency, By: / Date: Z o
1�1•icha I.. Igo irector of General Services
Recommended Bv: �'C. Date: 3'21707
Lim,Ca al Pr Jects Division Manager
Contractor, here also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation
Law.
By: //
(Designate offiNW tapacim-l"usiness)
Donald M. He , President (CORPORATE
SEAL)
B
esign e officia capacity in the business)
Joseph L. Adams , Ch]�ef Finan4al Officer
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 mast be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ.
Code,Sec. 1 190 and Corps. Code,Sec. 313.) The acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
Countvof Sonoma )
On the date written below. before me,the undersivned Notary Public,personally appeared the persons)signing above for Contractor.personally
known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose namc(s)is/arc 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: 3/19/07
[NOTARIAL SEAL.I
KIPNBERLY A. COLE
Z Nckary Public
t COMM.#1714384 n
U � _.� NOTARY PUBLIC•CALIFORNIA ,;
Z SONOMA COUNTY
E!tinr+5 My Comm.Expires Jan.5,2011
HA-2000' 50 oo,\0)I_0 8(. Icrc�.doc
Page 1 of 4
File: 2i0-0608/C.I.I
3. WORK CONTRACT. CHANGES. (a) Cay 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) Contractor shall, at his own cost and expense, and in a workmanlike manner. fully and faithfully perform and complete the work. and will
furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract.
Lill strictly in accordance with the Public Agency's plans,drawings and specifications-
(c)'File
pecifications.(c)'fhe wort: can be changed only with Public Agency's prior written order specifying Such chance 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. Contractor shall start this wort: as directed in the specifications or the Notice to Proceed. and shall
complete it as specified in Section I.
5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor, allowance being
made for contingencies as provided herein. he becomes liable to the Public Agency for all Its loss and damage therefrom: and because, from the
nature of the case. it is and will be Impracticable and extremely difficult to ascertain and fix the Public Azencv'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 suns specified in Section 1, the
result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar dav's delay in fintshin, said work; and if
the same be not paid. Public Agency may. In addition to Its other remedies,deduct the same from any money clue or to become due Contl-actor Under
this contract. If the Public .A,ency for ally 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 damaes for non-
completion or delay hereunder. Pursuant to Government Code Section 4215, the Contractor shall not be assessed liquidated dao»ages for delay in
completion of the worn:,when such delay was caused by the failure of the Public,Agcncv or the owner of a utility to provide for removal or relocation
of emstin-1 utility facilities.
6. INTEGRATED DOCUMENTS. The plans, drawings and specifications or special provisions of the Public Agency's call for bids, and
Contractor's accepted bid for this work U-e hereby incorporated into this contract:and they are intended to cooperate,so that anything exhibited in the
plans or drawings and not mentioned in the specifications or special provisions, or vice versa. is to be executed as if exhibited, mentioned and set
forth in both,to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined
by Public Agencys Agent specified in Section I.
7. PAYMENT. (a) For his strict and literal fulfillment of'these promises and conditions, and as full compensation for all this work, the Public
Agency shall pay the Contractor the suns specified in Section 1, except that in unit price contracts the payment shall be for finished quantities at unit
bid prices.
(b) On or about the first of each calendar month, the Contractor Shall be paid for all wort: clone through the I5th of the preceding calendar
month,as determined by Public Agency or its.Agent.minus 1 U°f,thereof pursuant to Public Contract Code Section 9203,but not until defective wort:
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 anv certificate for payment,to Such extent and period of time only as may be necessary to protect the Public Agencv from loss because of:
(I ) Defective wort: not remedied.or uncompleted work,of-
(2)
r(2) Claims tiled or reasonable evidence indicating probable filing,of-
(3)
r(3) Failure to properly pay subcontractors or for material or labor,or
(4) Reasonable doubt that rile wort:can be completed for the balance then unpaid.or
(i) Damage to another Contractor'or
1(>1 Damage to the Public.Agency,other than damage due to delays.
(b) The Public Agency shall use reasonable diligence to discover and report to the Contractor. as the wort: progresses, the materials and labor
which are not satisfactory to it,so as to avoid unneccssary trouble or cost to the Contractor in making good any defective work or parts.
(c) 3� calendar days after the Public Agency files its notice of completion of the entire work. It shall Issue a certificate to the Contractor and pay
the balance of the contract price after deducting all a rnounts 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 wort: or site, and provided there are not reasonable indications of defective or missing, wort: or of late-recorcicdl
notices of'liens or claims against Contractor.
9. INSURANCE. (Labor Code Sections 1560-61) On signing this contract, Contractor must give Public Agency (I) 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)
Lill exact Copy Of-duplicate thereof cel tlfied by the Director or the insurer. Contractor is aware of and complies with Labor Cade Section 3700 and the
Workers'Compensation Law.
10. BONDS. On sunning this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties. in anlount(S)
specified in the specifications or special provisions,,,uaranteeing his faithful performance of this contract and his payment for all labor and materials
hereunder.
1 1. FAILURE TO PERFORM. If'the Contractor at any time refuses or neglects. without fault of the Public Agency or its a,ent(s), to supply
sufficient materials or workers to complete this agreement and wort: 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 recouni;_/e tile applicability of various federal.state.and local laws and regulations,especially Chapter I
of Fart %of Division ?of the Labor Code tixginning with Section 1720.and including Sections 1 7TH. 1 777.5.and 1777.6 forbiddin dlscrn»ination).
The pa+rt+es specifically stipulate that the relevant penalties and forfeitures provided to tine Labor Code, espimully in Sections 1775. and H'-B
concerrlirlg 1:neyailirlg wages and hours.as well as SCCIiOIl 1 76 concerning certified pnvroll records,shali apply to this ag.recnlent..
I I:`•?+)+ll,_'�O(x,U�i`,U6LIIo`I);1 crc�.d„r
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13. SUBCONTRACTORS. Public Contract Cocie Sections 4100-41 14 are incorporated herein.
14. VV'AGE RATES. (a) Pursuant to Labor Code Section 1773, the Director of the Department of Industrial Rela11011s has ascertUincd the general
prevailing rates of wages per diens, and for holiday and overtime work, in the locality in which this wort: is to be pertornhed, for each craft.
classification,or type of worker needed to cxecule this contract,and said rates are as specified in the call for bids for this work of are on file with the
Public :agency,and are hereby incorporated herein.
(b) This schedule of wages is based on a workin-day of fi hours unless otherwise specified: and the daily rate is the hourly rate multiplied by
the number of llOLIIS constitcning the worknig day. When less than that number of llOLII"S are worked,the daily wage rate is proportionately reduced.
but the hourly rate remains as stated.
(c) The Contractor, and all his subcontractors. must pay at least these rates to all persons on this work. including all travel. subsistence. and
fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above(lust be paid at least the wage
scale established by collective bargaii im, agreenient for Stich labor In the locality where such wort: is being performed. ]fit b-econles necessary for
the Contractor or any subcontractor to employ any person in a craft, classification or type of wort: (except executive, supervisory. administrative.
clerical or other non-manual workers as such) for which no mininhtml wage rate is specified. the Contractor shall immediately notify the Public
Agency which shall promptly determine the prevailing swage rate therefor and furnish the Contractor with the minnllUrn rate based thereon. which
shall apply from the time of the initial employment of the person affected and during the continuance of such enhplovnhent.
1>. 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
wort: by the Contractor of b_v anv subcontractor shall be required or permitted to wort: longer thereon except as provided in Labor Code Sections
81
16.
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 Agcncv 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.
Ih. 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 wort: and/or materials, or approval of work and/or materials inspected.or statement
by ally officer, agent or employee of'the Public .Agency indicating the wort: or any parr 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 his obligation to fulfill this contract as prescribed: nor shall the Public Agcncv be thereby estopped from bringing any action for
damages or enforcement arising fi"onh the failure to comply.with any of the terms and conditions hereof.
30. 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, comillissions,
officers.agent and employees.
(c) The liabilities protected against are any liability or claim for damage of any land allegedly suffered. incorrect or threatened because of-
actions
factions 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 suits)or action(s)at
iaw or equity concerning these.
(d) The actions causing liability are anv act or omission(negligent or non-negligent)in connection with the matters covered by this contraci and
attributable to the Contractor. SUbcOMI-LICtOr(5).of any officer(s).agent(s)or eniplovee(s)of one or more of them.
(c) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not anv indemnitee has
prepared.supplied.or approved anv plan(s),drawinL�(s).specification(s)or special provision(s)in connection with this work. has rnSUrance or other
Indemnification covering anv of these mClttei"s,or that the aIle ed damage resulted partly from any ne,ligent or willful misconduct of anv mdenlnitee
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21. E\CAVATION. Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to Public Agency a
detailed plus showing the design of'shorinq,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 Lind
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,.lob 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 wort: shall be brought to 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. Contactor 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 owncr(s).
(CC-I; Rey. 2-07)
(Form approved by County COW]SCI)
RL:tb
li:':31)Ut�`:'?(IU(,(Iti\Ubl l)OtiO i i crcv.iinc
PaL?e 4 of'4
PERiliOR)IANCC BOND -- PUBLIC WORK
Bond No. . 070001118
Premi a?r?
Any claim under this Bond should be sent
to the :f of low ing address:
Liberty Mutual Insurance Company
1 Front Street,- Ste. 1925
KNOW ALL MIEN BY THE PRESENT'S: San Francisco, CA 94111
That we, R-E Corporation dba Reliance Enterpri,ses
As Principal, and Liberty Mutual Insurance Company
a corporation organized and existing under the laws of the State of
Massachusetts and authorized to transact surety business in the State of Califomia,
as Surety, are held and firmly bound unto CONTRA COSTA COUNTY, as Obligee, in the siun of TWO
HUNDRED FORTY TWO THOUSAND, ONE HUNDRED SIXTY EIGHT AND NOilUO Dollars
($242,168.00) lawful money of the United States of America, for the payment of which suns well and truly
to be made, we bind ourselves, cur 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 lies entered into a contract
dated March 6,_2007;wWi the Obligee to do and perform the following work,to wit:
NEW EMERGENCY POWER GENERATOR AT 56 DOUGLAS DRIVE, THM ,FLOOR,
.M.ARTYNE7 FOR THE HEALTH SERVICES DEPARTMENT, AUTHORIZATION NO. WWO530,
IN ACCORDANCE WITH PLANS AND SPECIRCATIONS INCLUDING ADDENDUM NO. 1,
PPXPAREI) BY OR FOR THE DIRECTOR OT GENFRA.L SERVICES, AND )(N ACCORDANCE
WITH THE ACCEPTED BID PROPOSAL,LASE BID
as is more specifically set forth in the contract documents, reference to wluch is hereby in.ade,
NOW, THEREFORE, if the Principal shall well and tul.y perform all the requirements of said contract
documents required to be perfonned on its part, at the tinges and in the maimer specified therein, then dais
obligatiozl shall be null. and void,otherwise it shall remain, in full force and effect.
PROVIDED, that any alterations in the work to be doze or the materials to be f-urnished, or changes in.the
time of con.3pletion, which may be)rade pursuant to tlae terms of said contract documents, shall not in any.
way release the Principa.I or th.e Surety thereunder, nor shall any extensions of time granted under the
provisions of said contract documents release eid3er the Principalcr the Surety, and notice of such
alterations or extensions of tine is hereby waived by the Surety,
PROVIDED, that if a»y action is commenced on this bond by the Obligee, in addition to the: sung specified
above, the Principal and the Surety, their heirs, eXeeutors, administrators, successors and assigns, jointly
and severally, shall be obligated to pay to the Obligee all costs, attorney's fees and other litigation exporses
incurred by the Obligee in collecting j-nonies due under the tents of this bold_
SIGNED AND SEALED, this 15th day of March 20 07
R-E Corporation dba Reliance Enterprises Liberty Mutual Insurance Company
(Principal) - ^-- (Surety)
Donald M. Helf 4matu ) sident SharO d. n{Si.g?xa.turc Att•'o!rif:j-in-Fact
[SCA!_A.ND ACI(J W, EIR;E ENT OP NOTARY) (SEAI.AND ACK:NOWLEDGENIEN"'Or No-rAPV 1
(is1G0i+G+:eS(�0(�OR�.Ob?.00Sa?1a.doc �ci : 1 of
STATEOF Califronia
COUNTYOF Sacramento
On 3 r�ate,before me, Erin Russell,Notary Public
(here insert name and title of the officer),personally appeared Sharon J. Rusconi
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herftheir authorized
capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the
person(s)acted, executed the instrument.
WITNESS my hand and official seal. ERIN RUSSELL 3
OCOMM.#1440038
C &NOTARY PUBLIC-CALIFORNIA Q
SACRAMENTO COUNTY n
COMM.EXP.SEPT.18,2007-A
Signature / (SEAL)
This area.Jbr 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
56 ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Liberty Mutual Insurance Company
SIGNER(S)OTHER THAN NAMED ABOVE
ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT
ACKNOWLEDGMENT
State of California
County of Sonoma
On 3/19/07 before me Kimberly A. Cole, Notary Public
i --
personally appeared Donald M. Helfer
personally known to me (or proved to me on the basis of satisfactory evidence) to be
i
ithe person(-&4 whose name(.6)is/ate subscribed to the within instrument and
acknowledged to me that he/may executed the same in hisi"�;ei; authorized
capacity(-ice-}, and that by his/#afi4bae r signature(-} on the instrument the person(s),
jor the entity upon behalf of which the person(.&}acted, executed the instrument.
WITNESS my hand and official seal. dp
. KIMBERLY A. COLE Z
\� •'•r4 .. COMM.#1714384 n
Signature 11����\f 1� U NOTARYPUBLIC-CALIFORNIA �
y, sONOMACOUNTY
:4'uean� My Comm.Expkes Jan.5,2011 I
(Seal)
PAYMENT BOND -;- PUBLIC WORK
((:iv. Code, §§ 3247 -32451
Bond No. 070001118
Freta i un, Incluaed
Any claim under this Bond should he sent
to 1:he following address:
Liberty Mutual Insurance Company
1 Front Street, Ste. 1925
KNOW ALL MEN BY THE PRESENTS: San Francisco, CA 94111
Tliat we, R-E Corporation dba Reliance Enterprises
As Principal. and Li erty Mutual Insurance Company
, a corporation organized and existing under the laws of the State of
Massachusetts and authorized to transact surety busiiaess in the State of California,
as Surety, are held and firmly bound unto CONTRA COSTA COUNTY, as Obligee, in the sun of TWO
HUNDRED FORTY TWO THOUSAND, ONE HUNDRED SIXTY EIGHT AND NO/100 Dollars
($242,163.00) lawful money of the United States of A 3erica, for the payrn.ent of which suli well and truly
to be made, we bind ourselves, our heirs, executors, a.dmirlist7•ators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION of the above obligation is such that, whereas the Principal has entered veto a contract
dated Match 6, 2007, with the Obligee to do and perform the following work, to wit:
NEW EiV,1_F,RGENCY POWER GENT,RATOR AT 50 DOUGLAS DRIVE, TF.T.i•RD FLOOR,
MARTINET. FOR THE HE,AL'XH SERVICES DEPARTt +NT, AUTHORIZATION NO. W—0530,
IN ACCORA4NCE WITH PLANS AND SPECIIFICATTONS INCLUDJNG ADDENb17N7 NO. l.,
PREPARED BY OR FOR THE DMECTOR OF GENERAL SERVICES, AND IN ACCORDANCE
WITH THE ACCEPTED BID PROPOSAL,BASE B7D
as Is more specifically set forth in the contrast documents,reference to which is hereby made.
NOW, THEREFORE, if the Principal or a subcontractor fails to pay ally of the persons.ziarned in Section
3181 of the Civil Code, or amounts due under the Unernployrn.ent 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
die Eniploynlent Development Departinen.t from the wages of eimployees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment I surance Code, with,respect to such work
and labor, the Surety will pay for the sarn.e, i.n an amount not exceeding the surra.specified in din bored,and
also, in case suit is brought upon this bond, a reasonable attornEy`s fee,to be fixed by the court.
This bond shall euure to the benefit of any of the persons named In Section 3181 of the Civil Code so.as to
give a right of action to.such persons or their assigns in any suit brought upon this bond.
SIGNED AND SEALED,this 15th day of March 20 07
R-E Corporation dba Reliance Enterprises Liberty Mutual Insu_r_ance Company
(Principal) (Surety)
By,.
Donald `•M. Helfer e s i d e n t rgn.aturc)
(SEALANDACKNOWLEDGENIENT Or NOTARY) (SEAL ANDACUNOWLEDGEI4ENT OFNOTARY) -
Sharon
OTARY) _Sharon J. Rusconi , Attorney-in-Fact
11:12c;:;5�250000�1\QGI.0050?�.o•uoc PiliL ni 1
STATEOF Califronia
COUNTYOF Sacramento
On before me, Erin Russell,Notary Public
(here insert name and title of the officer),personally appeared Sharon J.Rusconi
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir 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.
ERIN RUSSELL
0Q
COMM.* 1440OU
NOTARY PUBLIC-CALIFORNIA 0
SACRAMENTO COUNTY ()
Signature (SEAL) COMM.EXP.SEPT. 18,2007-1
,2007-+
This area fior 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
b6 ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Liberty Mutual Insurance Company
SIGNER(S)OTHER THAN NAMED ABOVE
ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT
ACKNOWLEDGMENT
State of California
County of Sonoma
On 3/19/07 before me, Kimberly A. Cole, Notary Public
personally appeared Donald M. Helfer
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(.&) whose nameW is/a% subscribed to the within instrument and
acknowledged to me that he/4heAler executed the same in his/ e- authorized
capacity0e,.F4, and that by his/bQ4th4a�r signature(&) 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.
sem. KIMBERLY A. COLE Z
COMM.#1714384 n
��y� �`l , `� `T� ' NOTARY PUBLIC-CALIFORNIA ;n
Signature \ \ i 1 �/1 U a ;;` SONOMP coUNTY
My Comm.Expires Jan.5,2011
(Seal)
THIS P WER.OF.ATTORNEY:IS NOT VALID UNLESS IT IS PRINTED ON.RED BACKGROUND,'
130863.0
This Power.of Attorney limits the.acts.of.those named herein,and they have no:authority to.bind'the'Company.except.in..the'.manner and to
theextent herein stated.:"
LIBERTY MUTUAL INSURANCE COMPANY.. .
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY .:. .
KNOW ALL.PERSONS BY THESE PRESENTS:'. That Liberty Mutual. Insurance'Company Jthe "Company"),.a Massachusetts.stock insurance:
company;:pursuant to and by authority of the By.-law and Authorization,hereinafter set forth,.does hereby name;constitute and appoint .
SANDY'.BLACK;'SHARON.J.: RUSCONI,ALL OF THE.CITY OF.SACRAMENTO,STATE OF.CALIFORNIA....::::.:.:.:::.::...:.:..::..:::.:::
. .
each:individually'if there.be.more.than one named, its true and lawful attorney.-in-fact to:make,execute,.seal; acknowledge and deliver;.for and ori its
behalf as suret and as its act and.deed,an. and-all.undeitakin s bonds,'reco nizances and other sure. obliigations in':the-penal sum.not exceeding
*********** * *.:
FIFTY MILLION AND:00/100...... .. g 50,000,000 each,.and.the
DOLLARS($ ). .
execution:of such undertakings, bonds, recognizance.s..and other surety obligations, in pursuance of.these presents, shall be:as binding upon the .
Companyas if they had been.duly signed by.thepresident and attested by the secretary of.the Company in their own proper persons:'
That this power is made.and executed.pursuant to and by Authority of the.:'following By-law and Authorization:
:..:.ARTICLE.XIII.-Executiorrof Contracts:Section.5.Surety Bonds and Undertakings..
Any.officer of the'Com an authorized for that.purpose'in.writin b the:chairman or the. resident, and subject to.such'limitations as the.
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chairman or the resident ma rescribe,shall a oint such attorne s in fact,as ma be.necessa to actin behalf of the Com an to:make,
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execute;:seal,'acknowledge.'and.deliver'as surety any..and all undertakings, bonds, recognizances. and other surety obligations:: Such: a.
attorneys-in-fact, subject to the limitationsset forth.in.their respective powers ofattorne , shall have full'.Power to.bind the.Cornpany.bY:their
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p..:' '. ":: .:: signature and.execution of any such instrumentsand.to attach.thereto the.seal.of the Company. When so executed such instruments shall be a►
0.1as binding as if si.gned.by.the president and attested by..the secretary,
AV
Y '.By the following instrument the:chall man or the president has authorized the officer or other official.named therein to.appoint attorneys-in;fact:
Pursuant.to Article Xlll, Section:.5 of the By-Laws;Garnet.W. Elliott;.Assistant Secretary of Liberty Mutual Insurance.Company is:hereb
+:.L authorized.to.appoint such attorneys:in-fact,as may be necessary to act in behalf of the Company-to make, execute,seal,a knowledge:and
a.3 deliver as surety any and all.undertakings;:bonds,recognizances and other surety obligations. O
N...
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0.111:-ThaYthe By-law and the.Authorization.set forth above are true.copies thereof and are now in full force and effect. :... W..
L IN WITNESS WITNESS WHEREOF;this:Power of Attorney has'been!.subscribed by.an'authorized:.officer or.official of.the"Company'.and the.corporate seal..of i
.�. Liberty.Mutual insurance Company has:been affixed thereto.in Plymouth.Meeting;Pennsylvania this 5thday of June c
2003..
d LIBERTY..MUTUAL INSURANCE COMPANY ......,..
.� _
C R .... . Garnet-W.Elliott,:Assistant Secretary y.6
` COMMONWEALTH OF.PENNSYLVANIA: ..ss
COUNTY.OF MONTGOMERY.
cv:Ll. 0:.�..
t :On,this"'5th day.of June 2003., beforern
..me, a Notary Public,.personally came Gaet W. Elliott,.to me.known;and acknowledged = 3
O•_ thy.M
at he.is an Assistant.Secretary of Libertutual.Insurance.Company;:that:he knows the seal of said corporation;.and that'.he:executed the.above ,r
�.:
6 Power of Attorney and affixed the corporate seal of.Liberty.Mutual Insurance Company.thereto with the authority and at the.direction of said.corporat'ion.
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•""L' .IN:TESTIMONY:WHEflEOF J �ea,� unto subscribed myname.and:affixed mynotarial.seal at Plymouth'Meeting,Pennsylvania,on.the day.and.year '-tr
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c>" first above written.
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CERTIFICATE'.:
a Pastella,Not ublic
I';the undersigned;Assistant Secreta.ry'of.Liberty Mutual Insurance Company;do hereby-ceirtify that the original ower of attorne..of.which.the.'fore oin
is a full;:true::and correct copy,.is full force.and effect on the date of.this:ceitificate;and.l do.further.cert9 that the officer or official:who.executed the .:.....
said power.of.attorney is an.Assistant Secretaryspecially authorized by the chairmarror the president to:appoint attorne's=in-fact as.provided in.Article
All,Section 5 of the By-laws of Liberty Mutual:Insurance Company:....:
This:certificate and the above power:of Attorney.may be signed.b facsimile or mechanical) reproduced signatures under and..b autfiorit .of the
9 Y Y 9 Y
following vote of the board of:directors of Liberty Mutual.lnsurance Company at a meeting duly called and held on the 12th.'day of March,:1980. .:.
VOTED.that.the facsimile or-mechanically reproduced:signature of any Assistant secretary of the.company, wherever appearing:upon..a..
certifiedco
py.of.any power of attorneyissued b the company in connection with sure bonds;shall be and bindin .0 on the cpm an ..
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with the same.force and effect-as though manually affixed:
IN STIMO Y.WHEREO hereunto subscribed my:name and.affixed.the corporate seal of the said company,this +y" ' day of.
Rw:%j DaA M.'Carey,AssW16Ft Secretary