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HomeMy WebLinkAboutMINUTES - 06242008 - C.46 ti L TO, BOARD OF SUPERVISORS i; CONTRA FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES COSTA COUNTY DATE: JUNE 24, 2008 SUBJECT: AWARD JOB ORDER CONTRACT 011 IN THE AMOUNT OF NOT LESS THAN $50,000 NOR MORE THAN $2,000,000 TO APPLEGATE JOHNSTON, INC., 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 one-year contract in the amount of not less than $50,000 nor more than $2,000,000 to Applegate Johnston, Inc. ("Applegate"), the lowest responsive and responsible bidder for Job Order Contract ("JOC") 011, and DISQUALIFY the bid submitted by Torres Construction Corporation. 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. AUTHORIZE the General Services Director, or designee, to order changes or additions to the contract work pursuant to Public Contract Code Section 20142. 5. 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. 6. DECLARE that, should the award of the contract to Applegate 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 5100-51 7. CONTINUED ON ATTACHMENT: X YES SIGNATURE: v RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA COMMITTEE XAPPROVE OTHER SIGNATURE(S): jff� ACTION OF BOARD ON D APPROVED AS WCOMMENDED OTHER VOCE 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 THE DATE SHOWN. CPM File: 000-0708/8.4.1 000-0708/A.5 ATTESTED_ _ County Administrator's Office JOHN CULLEN,CLERK THK BOARD OF SUPERVISORS County Counsel 4;LADMINISTRATOR Auditor Controller Gordian Group(via CPM) BY DEPUTY Applegate Johnston, Inc.(via CPM) H:\2007\0000708\07AO080027b.doc RL:tb Page 1 of 2 M382(10/88) AVV.ARD'JOB ORDER CONTRACT 011 IN THE AMOUNT June 24, 2008 OF NOT-LESS THAN $50,000 NOR MORE THAN $2,000,000 TO APPLEGATE, 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 The General Services Department ("GSD") currently has in place two $1 million and one $2 million JOC contracts, and these contracts are nearing their contractual limits. To allow additional contracting opportunities and to continue operational capacity and flexibility, two JOC contracts were recently bid out. Each of the two JOC contracts is for a maximum of $2 million. Bids for Job Order Contracts 011 and 012 were received and opened at the County Capital Projects Management Division Office on May 6, 2008. The bid results for JOC 011 are as follows: BIDDER Weighted Bid Factor Torres Construction Corp. 1.1698 Los Angeles Applegate Johnston, Inc. 1.1977 Ceres Vila Construction Company 1.2768 Richmond River View Construction, Inc. 1.3035 Sacramento It is recommended that the Board of Supervisors award Job Order Contract 011 to the low responsive and responsible bidder, Applegate, with the Weighted Bid Factor of 1.1977 for a contract amount not less than $50,000 nor more than $2,000,000 over the course of one year. Applegate submitted the second lowest bid factor, however their bid was determined to be the lowest responsive and responsible bid. The low bidder, Torres Construction Corp. ("Torres"), was disqualified because they did not pass the post-bid assessment. The purpose of the post-bid assessment is to determine if a bidder can be deemed "responsible." A bidder must be deemed "low, responsive, and responsible" in order to be awarded a contract. Torres had omitted information, failed the eligibility and financial capability sections, and had low scores in the management plan and comparable and non-comparable projects sections. Torres appealed GSD's decision to disqualify them, and a hearing regarding the decision to disqualify their bid was conducted on June 6, 2008. After careful consideration, GSD upheld its initial decision to disqualify Torres. GSD recommends that the Board disqualify Torres' bid and award the contract to the next low bidder, Applegate, who is responsive and responsible. Applegate 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. A recommendation for the award of JOC 012 will come before the Board via a separate board order. The JOC program has been very successful for the County since its inception in May 2003. Since the existing JOC contracts are nearing maximum allowable expenditures, new JOC contracts will enable the General Services Department to continue to provide efficient and cost effective facility repair and remodeling services for County Departments. CEQA documentation and approvals will be conducted upon initiation of any project. 07A0080027b.dOc Page 2 of 2 M382(10/88) �` 4NtT3 ~, t OSTA COUNTY Y� neral., G epartment �sv � -�ichael J.Lango I( �F EM CJ D Director 14 ,��IIALP M MANAGEMENT ftpU Terry Mann �l Y'i ' wti APP 1! ZODDeputy Director Lim, PE CLERK BOARD G= UP ERViSORS Rob Manager .T q"" + % CON Rf:COSTA CO. TRANSMITTAL DATE: April 9,.2008 TO: ALL PLANHOLDERS FROM: Rob Lim, P.E., Capital Projects Division Manager SUBJECT: JOB ORDER CONTRACTS 011 & 012 (WW0616 & WW0667); Addendum No. l We are sending you via FAX: Item Copies Dated Description 1 1 4/9/08 Addendum No. 1 COMMENTS: Please include the attached addendum with your set of printed contract specifications for the subject project. All prime bidders are required to acknowledge receipt of this addendum on their bid forms. RL:tb File: 000-0708/B.4.3 X a 4 1220 Morello Avenue, Suite 100 • Martinez, CA 94553 (925) 313-7200 Phone • (925) 313-7299 Fax H:\2007\0000708\07AO080019t.doe 000-0708/B.4.3 April 9, 2008 ADDENDUM NO. 1 TO: Prospective Bidders FROM: Contra Costa County General Services Department Capital Projects Management Division 1220'Morello Avenue, Suite 100 Martinez, CA 94553-4711 (925) 313-7200 PROJECT: JOB ORDER CONTRACTS 011 AND 012, CONTRA COSTA COUNTY Authorization No. WW0616 & WW0667 This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents as noted below. Acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so may subject the Bidder to disqualification. CHANGES TO THE SPECIFICATIONS: Item AD 1: All references to the Mandatory Pre-Bid Conference date: Revise the Mandatory Pre-Bid Conference date to April 22, 2008 (was April 17, 2008). The time (10 a.m.) and location (1220 Morello Avenue, Martinez, CA) remain the same. Item ADI - 2: All references to the Bid Opening date: Revise the.Bid Opening date to May 6, 2008 (was May 1, 2008). The bid opening time (2 p.m.) and location (1220 Morello Avenue, Martinez, CA) remain the same. *END OF ADDENDUM NO. 1 RL:tb H:\2007\0000708\07 A00 80020z.doc ADDENDUM NO. 1 Page 1 of I ,j CONTRA COSTA COUNTY General Ser.65 s Department Michael J. Lango Director CAPITAL PROJECTS''MANAGEMENT 1220Morelk"Adenue,, Suite 100 Terry Mann z " i Deputy Director Martinez,`CA 94'553 _----$-- (925) 313-7200 {j�� TD Rob Lim, PE (925)`3137.7299 Fax Manager JUN 2 7 2008 June 25, 2008 CLERKCONTRABOARD O OS A CO- June Mr. John Bergman Applegate Johnston, Inc. 3012 Moore Road Ceres, CA 95307 SUBJECT: CONTRACT FOR JOB ORDER CONTRACT 011 ' Authorization No. WW0616 Dear Mr. Bergman: Enclosed are two copies (duplicate originals) of the subject contract. Please follow the instructions in this letter as carefully and completely as possible. The contract, insurance certificates, and bonds are to be returned to:. Contra Costa County General Services Department Capital Projects Management Division 1220 Morello Avenue,Suite 100 Martinez, California 94553-471.1 I. CONTRACT A. IF YOU ARE A CORPORATION: 1. Have the Agreements signed by two officers, one from each of the two,following groups: a. The Chairman of the Board, the President, or any Vice President. b. The Secretary, an Assistant Secretary, the-Chief Financial Officer, or an Assistant Treasurer. 2. Have the "Acknowledgment" on each copy completed by a Notary Public. 3. Affix the corporate seal. 4. Return both copies to the above address. You will receive a fully-executed copy for your files, together with the Notice to Proceed, as soon as the contract is approved by the Director of General Services. B. IF YOU ARE NOT A CORPORATION: 1. Both copies must be signed by the Owner of the business, or a partner who is authorized to sign. 2. Have the "Acknowledgment\' on each copy completed by a Notary Public. H A2007\0000708\07A008012r.doc <j Mr. John Bergman Applegate Johnston, Inc. June 25, 2008 3012 Moore Road Page 2 of 3 Ceres, CA 95307 3. Return both copies to the address given on Page 1 of this letter. You will receive a fully executed copy for your file, together with the Notice to Proceed, as soon as the contract is approved by the Director of General Services. II. BONDS A. FORM AND CONTENT: 1. Furnish a Performance Bond in the sum of $2,000,000.00 and a California Public Work Payment Bond.in the sum of$2,000,000.00. The acceptable forms are enclosed for your use. 2. The contract date on the bonds shall be June 24, 2008 as shown in Section 1 of the contract. 3. The description of work on both-bonds shall be EXACTLY as shown in the Contract, Section 1, "The Work." 4. The obligee on both bonds must be the public agency, as shown in Section 1 of the contract. 1 5. If the bonding company is not a California corporation, provide a copy of the power-of- attorney showing the bonding"company authorization of the California attorney-in-fact who executes the bond for the company. 6. Contractor shall sign both bonds and, if the Contractor is a corporation, the corporate seal shall be affixed over the signature on both documents. 7. The Contractor's and bonding company agent's signatures. on both bonds, and the signatures on the powers of attorney, MUST all be notarized. B. DISTRIBUTION: .1. Please give your bonding company"the enclosed bond forms, the extra copy of this letter and a copy of the contract to use as guides in completing the bonds. 2. " Send the original and one copy of each bond to the address given on Page 1 of this letter. I1I. INSURANCE A. GENERAL FORM AND CONTENT: 1. Furnish certificates of insurance showing the coverages and amounts required by the specifications. Specification excerpts showing coverages and amounts are attached for your convenience. If umbrella insurance is needed to meet the required limits of coverages, a copy of the umbrella policy endorsements must be provided. The endorsement must show the policy number and carrier for each underlying coverage that the umbrella policy supplements. - An example of an acceptable form of insurance certificate is enclosed. Please give it to your insurance agent, together with the enclosed copy of this letter, for his guidance in preparing the certificates for your contract. 2. The address shown on the certificates and endorsements shall be the same as the address given on Page 1 of this letter. 3. Please advise your insurance agent that the public agency shown on the contract is the contracting public agency. H:\2007\0000708\07AO08012r.doc Mr. John Bergman Applegate Johnston, Inc. June 25, 2008 3012 Moore Road Page 3 of 3 Ceres, CA 95307 4. The certificates of insurance, INCLUDING ANY UMBRELLA. INSURANCE CERTIFICATE OR ENDORSEMENT, must show that the public agency as shown on the contract, as an additional insured, is to be given at least 30 days notice (not 10) before lapse, cancellation or modification of the insurance. Common qualifiers such as . . . "will endeavor to mail . . .," and ". . . but failure to mail such notice shall impose no obligation of any kind upon the company," are not acceptable and shall be deleted or omitted from certificates and endorsements. 5. Furnish a certificate of Workers' Compensation Insurance issued by an•admitted insurer, or comply with the requirements of the Contract, Section 9. B. ' ADDITIONAL INSURED CLAUSE: Include the following language on all your insurance certificates, except for Workers' Compensation, INCLUDING THE UMBRELLA INSURANCE CERTIFICATE. 1. "By endorsement to Policy No. Insert Policy Number(s), public agency as shown on contract, its officers, employees, and agents are named as additional insureds solely as respects the above (or "below") listed job." 2. The job description on all of the certificates shall be the same as that in the Contract, Section 1, "The Work." C. RETURN: Send two copies of all insurance certificates and two copies of any required umbrella policy endorsement to the address given on Page 1 of this letter. If the bonds and insurance certificates are not properly completed and returned, together with the two copies of the signed contract by July 11, 2008, the contract may be awarded to another bidder. If this action is taken, any bid security you have submitted will be forfeited. We will appreciate your careful and complete compliance with our instructions. If you have questions, please call Rob Lim at (925) 313-7200. Since,pely, e ;o%b��im, P. Capital Projects Division Manager RL:amc Enclosures: Contract (original and 1 copy) Insurance Certificate example 2 extra copies of this letter(one for the bonding company and one for the insurance agent) Specification Excerpts (Div. F, Seca 5) Bond forms cc: Clerk of the Board (letter only) Affirmative Action Officer(letter only) File: 000-0708/C.1.1 H:\2007\0000708\07AO08012r.doc CONTRA COSTA COUNTY _ General Services Department Michael J. Lango CAPITAL PROJECTS MANAGEMENT ; Director 1220 Morello Avenue, Suite 100 Terry Mann Martinez, CA 94553 Deputy Director (925) 313-7200 Phone Rob Lim, PE (925) 313-7299 Fax Manager June 25, 2008 _ Charles Beigarten Magnum Construction, Inc. 480 Preston Court-A Livermore, CA 94551 SUBJECT: CONTRACT FOR REMODEL AND ADDITION AT FIRE STATION NO. 83, GENTRYTOWN DRIVE, ANTIOCH FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Authorization No. WW0638 Dear Mr. Beigarten: Enclosed are two copies (duplicate originals) of the subject contract. Please follow the instructions in this letter as carefully and completely as possible. The contract, insurance certificates, and bonds are to be returned to: Contra Costa County General Services Department Capital Projects Management Division 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 I. CONTRACT A. IF YOU ARE A CORPORATION: 1. Have the Agreements signed by two officers, one from each of the two following groups: a. The Chairman of the Board, the President, or any Vice President. b. The Secretary, an Assistant Secretary, the Chief Financial Officer, or an Assistant Treasurer. 2. Have the "Acknowledgment" on each copy completed by a Notary Public. 3. Affix the corporate seal. 4. Return both copies to the above address: You will receive a fully-executed copy for your files, together with the Notice to Proceed, as soon as the contract is approved by the Director of General Services. B. IF YOU ARE NOT A CORPORATION: 1. Both copies must be signed by the Owner of the business, or a partner who is authorized to sign 2. Have the "Acknowledgment" on each copy completed by a Notary Public. H:\2008\3050801\08BOO1033r.doc r Charles Beigarten June 25, 2008 Magnum Construction, Inc. Page 2 of 3 480 Preston Court-A Livermore, Ca 94551 3. Return both copies to the address given on Page 1 of this letter. You will receive a fully executed copy for your file, together with the Notice to Proceed, as soon as the contract is approved by the Director of General Services. II. BONDS A. FORM AND CONTENT: 1. Furnish a Performance Bond in the sum of $960,447.00 and a California Public Work Payment Bond in the sum of$960,447.00. The acceptable forms are enclosed for your use. 2. The contract date on the bonds shall be June 24, 2008 as shown in Section 1 of the contract. 3. The description of work on both bonds shall be EXACTLY as shown in the Contract, Section 1, "The Work." 4. The obligee on both bonds must be the public agency, as shown in Section 1 of the contract. 5. If the bonding company is not a California corporation, provide a copy of the power-of- attorney showing the bonding company authorization of the California attorney-in-fact who executes the bond for the company. 6. Contractor shall sign both bonds and, if the Contractor is a corporation, the corporate seal shall be affixed over the signature on both documents. 7. The Contractor's and bonding company agent's signatures on both bonds, and the signatures on the powers of attorney, MUST all be notarized. B. DISTRIBUTION: 1. Please give your bonding company the enclosed bond forms, the extra copy of this letter and a copy of the contract to use as guides in completing the bonds. 2. Send the original and one copy of each bond to the address given on Page 1 of this letter. III. INSURANCE A. GENERAL FORM AND CONTENT: 1. Furnish certificates of insurance showing the coverages and amounts required by the specifications. Specification excerpts showing coverages and amounts are attached for your convenience. If umbrella insurance is needed to meet the required limits of coverages, a copy of the umbrella policy endorsements must ';be provided. The endorsement must show the policy number and carrier for each underlying coverage that the umbrella policy supplements. An example of an acceptable form of insurance certificate is enclosed. Please give it to your insurance agent, together with the enclosed copy of this letter, for his guidance in preparing the certificates for your contract. 2. The address shown on the certificates and endorsements shall be the same as the address given on Page 1 of this letter. 3. Please advise your insurance agent that the public agency shown on the contract is the contracting public agency. HA20080050801\08B001033r.doc i4 Charles Beigarten June 25, 2008 Magnum Construction, Inc. ° Page 3 of 3 480 Preston Court-A Livermore, Ca 94551 li 4. The certificates of insurance, INCLUDING ANY UMBRELLA INSURANCE CERTIFICATE OR ENDORSEMENT, must show that the public agency as shown on the contract, as an additional insured, .is.,to be given at least 30 days notice (not 10) before lapse, cancellation or modification of the insurance. Common qualifiers such as . . . "will endeavor to in . . .," and but failure to mail such notice shall impose no obligation of any kind upon the company," are not acceptable and shall be deleted or omitted from certificates and endorsements. 5. Furnish a certificate of Workers' Compensation Insurance issued'by an'fadmitted insurer, or comply with the requirements of the Contract, Section 9. B. ADDITIONAL INSURED CLAUSE: .Include the following language on all your insurance certificates, except for Workers' Compensation, INCLUDING THE UMBRELLA INSURANCE CERTIFICATE: 1. "By endorsement to Policy No. Insert Policy Number(s), public agency as shown on contract, its'officers, employees, and agents are named as additional insureds solely as respects the above (or "below") listed job." I 2. The job description on all of the certificates shall be the same as that in the Contract, Section 1, "The Work." j C. RETURN: Send two copies of all insurance certificates and two copies of any required umbrella policy endorsement to the address given on Page l of this letter. If the bonds and insurance certificates are not properly completed and returned, together` with the two copies of the signed contract by July 11, 2008, the contract may be awarded to another bidder. If this action is taken, any bid security you have submitted will be forfeited. We will appreciate your careful and complete compliance with our instructions. If,you have questions, please call Ramesh Kanzaria at (925) 313-7200. y' Sincer ` ob Lim, P.E. F Capital Projects Division Manager RK:aI Enclosures: Contract (original and 1 copy) Insurance Certificate example 2 extra copies of this letter (one for the bonding company and one for the insurance agent) Specification Excerpts (Div. F, Sec. 5) Bond forms cc: Clerk of the Board-.(letter only) Affirmative Action Officer.(letter only) File: 305-0801/C.1.1 H 12008`3050801\08 B001033r.doc CONTRA -COSTA COUNTY 'General Servces Department Michael J. Lango Director CAPITAL PROJECTS:MANAGEMENT 1220 Morello Avenue,"Suite 100 Terry Mann '•Martinez,'CA'94553,` RC Deputy Director (925) 313 7200"PhoneRob Lim, PE (925)313.7299:Fax JUL 1 4 2008{ Manager July 10, 2008 l CLERK BOARD 0. i:3QsgS Mr: Robert Jimenez CONTRA Blossom Valley Construction, Inc. 1125 Mabury Road San Jose, CA 95161 _ SUBJECT: CONTRACT FOR MEDIAN LANDSCAPING PROJECT AT PACHECO BLVD., BETWEEN SECOND AVENUE SOUTH AND FIRST AVENUE NORTH, PACHECO,FOR THE PUBLIC WORKS DEPARTMENT (BASE BID WORD Authorization No. WW0633 Enclosed are two copies (duplicate originals) of the subject contract. Please follow, the instructions in this letter as carefully and completely as possible. The contract, insurance certificates, and bonds are to be returned to: Contra Costa County General Services Department Capital Projects Management Division 1220 Morello Avenue, Suite 100 Martinez, California 94553-4711 I. CONTRACT A. IF YOU ARE A CORPORATION: 1. Have the Agreements signed by two officers, one from each of the two following groups: a. The Chairman of the Board, the President, or any Vice President. b. The Secretary, an Assistant Secretary, the Chief Financial Officer, or an Assistant Treasurer. 2. Have the "Acknowledgment" on each copy completed by a Notary Public. 3. Affix the corporate seal. 4. Return both copies to the above address. You will receive a fully-executed copy for your files, together with the Notice to Proceed, as soon as the contract' is approved by the Director of General Services. B. IF YOU ARE NOT A CORPORATION: 1. Both copies must be signed by the Owner of the business, or a partner who is authorized to sign. 2. Have the "Acknowledgment" on each copy completed by a Notary Public. H:\2008\2650801\08GO01038r.doc Mr, Robert Jimenez July 10, 2008 CONTRACT FOR MEDIAN LANDSCAPING PROJECT AT PACHECO Page 2 of 3 BLVD., BETWEEN SECOND AVENUE SOUTH AND FIRST AVENUE NORTH, PACHECO FOR THE PUBLIC WORKS DEPARTMENT (BASE BID WORK) 3. Return both copies to the address given on Page 1 of this letter. You"will receive a fully executed copy for your file, together with the Notice to Proceed, as soon as the contract is approved by the Director of General Services. II. BONDS A. FORM AND CONTENT: 1. Furnish a Performance Bond in.the sum of $149,100.00 and a California Public Work Payment Bond in the sum of$149,100.00. The acceptable forms are enclosed for your use. 2. The contract date on the bonds shall be July 8, 2008 as shown in Section 1 of the contract. 3. The description of work on both bonds shall be EXACTLY as shown in the Contract, Section 1, "The Work." 4. The obligee on both bonds must be the public agency, as shown in Section 1 of the contract. 5. If the bonding company is not a California corporation, provide a copy of the power-of- attorney showing the bonding company authorization of the California attorney-in-fact who executes the bond for the company. 6. Contractor shall sign both bonds and, if the Contractor is a corporation, the corporate seal shall be affixed over the signature on both documents. 7. The Contractor's and bonding company agent's signatures on both bonds, and the signatures on the powers of attorney, MUST all be notarized. B. DISTRIBUTION: 1. Please give your bonding company the enclosed bond forms, the extra copy of this letter and a copy of the contract to use as guides in completing the bonds. 2. Send the original and one copy of each bond to the address given on Page 1 of this letter. III. INSURANCE A. GENERAL FORM AND CONTENT: 1. Furnish certificates of insurance showing the coverages and amounts required by the specifications. Specification excerpts showing coverages and amounts are attached for your convenience. If umbrella insurance is needed to meet the required limits of coverages, a copy of the umbrella policy endorsements must be provided. The endorsement must show the policy number and carrier for each underlying coverage that the umbrella policy supplements. An example of an acceptable form of insurance certificate is enclosed. Please give it to your insurance agent, together with the enclosed copy of this letter, for his guidance in preparing the certificates for your contract. 2. The address shown on the certificates and endorsements shall be thc'same as the address given on Page 1 of this letter. 3. Please advise your insurance agent that the public agency shown on the contract is the contracting public agency. H A2008\265080I\08G001038r.doc Mr. Robert Jimenez July 10, 2008 CONTRACT FOR MEDIAN LANDSCAPING PROJECT AT PACHECO Page 3 of 3 BLVD., BETWEEN SECOND AVENUE SOUTH AND FIRST AVENUE NORTH, PACHECO FOR THE PUBLIC WORKS DEPARTMENT (BASE BID WORK) 4. The certificates of insurance, INCLUDING ANY UMBRELLA INSURANCE CERTIFICATE OR ENDORSEMENT, must show that the public agency as shown on the contract, as an additional insured, is to be given at least 30 days notice (not 10) before lapse, cancellation or modification of the insurance. Common qualifiers such as . . . "will endeavor to mail . . .," and ". . . but failure to mail such notice shall impose no obligation of any kind upon the company," are not acceptable and shall be deleted or omitted from certificates and endorsements. 5. Furnish a certificate of Workers' Compensation Insurance issued by an 1,admitted insurer, or comply with the requirements of the Contract, Section 9. B. ADDITIONAL INSURED CLAUSE: Include the following language on all your insurance certificates, except for Workers' Compensation, INCLUDING THE UMBRELLA INSURANCE CERTIFICATE: I. "By endorsement to Policy No. Insert Policy Number(s), public agency as shown on contract, its officers, employees, and agents are named as additional insureds solely as respects the above (or "below") listed job." 2. The job description on all of the certificates shall be the same as that in the Contract,. Section 1, "The Work." C. RETURN: Send two copies of all insurance certificates and two copies of any required umbrella policy endorsement to the address given on Page 1 of this letter. If the bonds and insurance certificates are not properly completed and returned, together with the two copies of the signed contract by.July 24, 2008, the contract may be awarded to another bidder. If this action is taken, any bid security you have submitted will be forfeited. 1 We will appreciate your careful and complete compliance with our instructions. If you have questions, please call me or Roger Wilson at (925)-313-7200. Sincerely, ob Lim, P.E. Capital Projects Division Manager RW:amc Enclosures: Contract (original and 1 copy) Insurance Certificate example 2 extra copies of this letter (one for the bonding company and one for the insurance agent) Specification Excerpts (Div. F, Sec. 5) Bond forms cc: Clerk of the Board (letter only) Affirmative Action Officer (letter only) File: 265-0801/C.1.1 H:\2008\2650801\08G001038r.doc