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HomeMy WebLinkAboutMINUTES - 06242008 - C.47 To: TO THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, �' CONTRA CALIFORNIA AS EX OFFICIO THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT COSTA FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES COUNTY DATE: JUNE 24, 2008 SUBJECT: AWARD OF CONSTRUCTION CONTRACT FOR THE REMODEL AND ADDITION AT FIRE STATION NO. 83, 2717 GENTRYTOWN DRIVE, ANTIOCH FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. AWARD a contract in the amount of $960,447.00 to Magnum Construction, Inc. ("Magnum"), Livermore, 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 Magnum, 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 bond posted by the bidder, 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. FINANCIAL IMPACT The construction cost of $960,447.00 will be funded from the Contra Costa County Fire Protection District's budget. CONTINUED ON ATTACHMENT: RYES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 11KAPPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON tlipQrAPPROVED AS REC MENDED 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 ISA TRUE cc: General Services Department Capital Projects Management Division AND CORRECT COPY OF IN ACTION TAKEN P 1 9 AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISOR N THE DATESHOWN. CPM File:305-0801/C.1.1 305-0801/A.5 ATTESTED County Administrator's Office JOHN CULLEN,CLERK OF T.VE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Auditor Controller CCC Fire Protection District(via CPM) BY ©� DEPUTY Magnum Construction, Inc.(via CPM) H:\2008\3050801\08B001032b.doc RLL:amc Page 1 of 2 M382(10/88) AWARD OF CONSTRUCTION CONTRACT FOR THE June 24, 2008 REMODEL AND ADDITION AT FIRE STATION NO. 83, 27'f7 GENTRYTOWN DRIVE, ANTIOCH FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT BACKGROUND The project involves constructing additional living areas and restrooms for the firefighters. The new addition will add three bedrooms, two restrooms, and an exercise room. Also, the work will include ADA upgrades to the existing building. The building is located at the Contra Costa County Fire Protection District's service facility at 2717 Gentrytown Drive in Antioch. The project plans and specifications were previously filed with and approved by the Board of Supervisors and bids were duly invited from general contractors. Two bids were received and opened by the County Capital Projects Management Division on May 29, 2008, and the bid results are as follows: BIDDER BASE BID Magnum Construction, Inc. $ 960,447 Livermore Vila Construction Company $1,156,373 The construction cost estimate was $1,036,600. The bidder listed first above, Magnum Construction, Inc., submitted the lowest responsive and responsible bid, which is $195,926 lower than the next lowest bid. Staff recommends that the contract be awarded to Mangum. 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. Magnum submitted in a timely manner its documentation of good faith efforts to comply with the specifications and requirements of the County's Outreach Program. The good faith efforts documentation is before the Board for its consideration. Based on the various outreach steps performed by Magnum and the documentation submitted, staff recommends that the Board determine that Magnum has documented an adequate good faith effort and waive any irregularities in Magnum's compliance. H:\2008\3050801\08B001032b.doc Page 2 of 2 M382(10/88) . O..NT4 COSTA COUNTY 4 f,,, ­,,,, Genera i; Generale c epartment Michael J.Lango Director +' r TIE1vIANAGEMENT Terry Mann tom: Deputy.Director \7 ,'%� Rob Lim, PE Manager TRANSMITTAL DATE: August's, 2008 TO: Mr. Charles Beigarten Magnum Construction, Inc. 480 Preston Court-A_ Livermore, CA 94551 FROM: Ramesh Kanzaria, Project Manager/j__7 anager j__7 / SUBJECT: .REMODEL AND ADDITION AT FIRE STATION NO. 839 GENTRYTOWN DRIVE, ANTIOCH FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT (WW0368) We are sending you attached via U.S. MAIL the following items: Item Copies Dated Description 1 1 06/24/08 Fully executed Construction Contract 2 2 08/04/08 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. RK:amc cc w/Items I & 2 encl.: Clerk of the Board (w/bonds) (Award Date: June 24, 2008 Item No.: C.47) County Administrator's Office J. Crapo E. Kuevor General Services Department T. Mann File: 305-0801/C.1.1- 1220 Morello Avenue, Suite 100 • Martinez, CA 94553 (925) 313-7200 Phone• (925) 313-7299 Fax H:\2008\3050801\08B001041 t.doc File: 305-0801/C.I.1 CONTRACT . (Construction Agreement) (Contra Costa County Standard Form) 1. SPECIAL TERMS. These special terms are incorporated below by reference. (See Secs.2,3) Parties: (Public Agency) CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT (Contractor) Magnum Construction,Inc. 480 Preston Court-A Livermore,CA 94551 (See Sec. 2) Effective Date: June 24,2008. (See Section 4 for starting date.) (See Sec.3) The Work: REMODEL AND ADDITION AT FIRE STATION NO.83 GENTRYTOWN DRIVE,ANTIOCH FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT,AUTHORIZATION NO.WW0638, IN ACCORDANCE WITH PLANS,DRAWINGS,AND SPECIFICATIONS,INCLUDING ADDENDUM NO. 1,PREPARED BY OR FOR THE DIRECTOR OF GENERAL SERVICES AND IN ACCORDANCE WITH THE ACCEPTED BID PROPOSAL. (See Sec.4) Completion Time: Within 180 calendar days from starting date. (See Sec.5) Liquidated Damages: $750 per calendar day. (See Sec.6) Public Agency's Agent: Michael J.Lango,Director of General Services (See Sec. 7) Contract Price: $960,447.00 (See Sec. 8) Federal Taxpayers I.D.or Social Security No.: 20-1423470 2. SIGNATURES&ACKNOWL MENT. Public Agency, By: Date: Michae n o,Director of General Services Recommended By: Date: / 2y(� Rob im,Capital Projects Division Manager Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation Law, .011 (Designate official capac' i usiness) (CORPORATE SEAL) By: . �✓ .CI'f'/lp�/1 (Designate official capacity i t usiness) Note to Contractor: For corporations, the contract must be signed by'two officers. The first signature must be that of the chairman of the board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code,Sec. 1 190 and'Corps. Code, Sec. 313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of On the date written below,before me,the undersigned Notary Public,personally appeared the personX signing above for Contractor,pecsoaa4iy .kunwa-terms(or proved to me on the basis of satisfactory evidence)to be.the personfg)whose nameX is/ere subscribed to the within instrument and acknowledged to me that heA&4oA ay executed the same in his/aaer,"ir authorized capacitykiesj,an8 that by his/4erftheir signature on the instrument the person,or the entity upon behalf of which the person,(4 acted,executed the instrument. WITNESS my hand and official seal. Dated: d [N TARIAL SEAL DENISE BEIGARTEN N COMM.# 1804108 fA � NOTARr PINNJC•CALIFOFNHA fA app CouNir " N ary ublic Mr Caw.EzP.Jure 28,2012'' H:\2008\3050801\08 BOO 1034crev.doc DIVISION D - I Page 1 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of/I On ? D f before me, Date / - Here Insert NRfne and Title of the Officer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be'the person$ whose nameA is,aw subscribed to the within instrument and acknowledged to, me that DENISE SEIGARTEN he/s4eMt ey executed the same in his/4e#4hewir authorized CommA 1804108 rrnn capacity(ieg), andthat by his/heir signature(g) on the NOTARY PUBLIC-MWORNIA V1 ALVADA COUNTY instrument the persons 4, or the entity upon behalf of MY Comm.Exp.JUNE 28,2012`' which the personol acted;executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature o otary Public , OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title.or Type of Document: �! �� Document Date: � OSS F Number of Pages: 40/) Signer(s) Other Than Named Above: f!! GLS Capacity(ies) Claimed by Signer(s) Signer's Name:Cl_ILI Y �i 3'e' [`'2 t- P 's Name: ❑ Individual t ❑ Individua Corporate Officer—Title(s): ❑Corporate Officer— s): Partner—❑ Limited ❑ Gen al _-gg _ _ ❑ Partner—❑ Limited ❑ Ge ❑ Attorney in Fact1100 kid ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee To thumb here ElGuardian or Conservator ElGuardian or Conserva ❑ Other: ❑Other: ` Signer Is Representing: Signer Is Repr enting: IF 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 File: 305-0801/C.I.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 I. (b) Contractor shall,at his own cost and expense,and in a workmanlike manner, fully and faithfully perform and complete the work; and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans,drawings and specifications. (c)The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties;and the Public Agency shall never have to pay more than specified in Section 7 without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed; and shall complete it as specified in Section 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 Agency's actual damage from any delay in performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section I, the result of the parties' reasonable endeavor to estimate fair average compensation therefor, for each calendar day's delay in finishing said work-, and if the same be not paid,Public Agency may, in addition to its other remedies,deduct the same from any money due or to become'due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay, suspension of work or extension of time, its duration shall be added to the time allowed for completion, but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non- completion or delay hereunder. Pursuant to Government Code Section 4215, the Contractor shall not be assessed liquidated damages for delay in completion of the work,when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications or special provisions of the Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract;and they are intended to cooperate,so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions, or vice versa, is to be executed as if exhibited, mentioned and set forth in both, to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Section 1. - 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions,and as full compensation for all,this work, the Public Agency shall pay the Contractor the sum specified in Section 1,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 work done through the 15th of the preceding calendar month,as determined by Public Agency or its Agent,minus 10%thereof pursuant to Public Contract Code Section 9203,but not until defective work and materials have been removed,replaced,and made good. 8. PAYMENTS WITHHELD. (a).The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied,or uncompleted work,or (2) Claims tiled or reasonable evidence indicating probable filing,or (3) Failure to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor, as the work progresses, the materials and labor which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work,it shall issue a certificate to,the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract,provided the Contractor shows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code 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 his faithful performance of this contract and his payment for all labor and materials hereunder. 11. FAILURE TO PERFORM. If the Contractor at any time refusesor 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 Division 2 of the Labor Code(beginning with Section 1720,and including Sections 1735, 1777.5,and 1777.6 forbidding discrimination). The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in Sections 1775 and 1813 concerning prevailing wages and hours,as wet)as Section 1776 concerning certified payroll records,shall apply to this agreement.. K\2008�3050801\08 BOO1034c.doc DIVISION D - 2 Page 2 of 4 File: 305-0801/C.l.l 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 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 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 detennine 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. ThePublic 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 his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS & INDEMNIFICATION. (a) Contractor promises to and shall defend, indemnify, save, and hold harmless the indemnitees from the liabilities as defined in this section. (b) The indemnitees benefitted 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). (c) The liabilities protected against are any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, losses, or liabilities arising out of or in connection with the actions defined below for personal injury, sickness, disease, emotional injury, death, property damage(including loss of use), trespass, nuisance, inverse condemnation, patent infringement, or any combination of these, regardless of whether or not such liability, claim,or damage was foreseeable at any time before the Public Agency approved the improvement plans or accepted the improvements as completed,and includingthe 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), supplier(s), trucker(s), anyone for whose acts the Contractor may be liable, or any officer(s), agent(s)or employee(s)of one or more of them, (e) 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 or has insurance or other indemnification covering any of these matters. (f) Except as prohibited by Civil Code Section 2782,the Contractor's obligations under this section shall exist regardless of the existence or degree of fault of the Public Agency or any indemnitee. (g) The Contractor's obligations under this section shall extend to claims arising after the work is completed and accepted if the claims are related to alleged acts or omissions that occurred during the course of the work. Public Agency's inspection is not a waiver of full compliance with these requirements. (h) The Contractor and the Contractor's insurance carrier(s) shall respond within 15 days to the tender of any claim for defense and indemnity by the Public Agency,unless this time has been extended by the Public Agency. (i) With respect to third-party claims against the Contractor, the Contractor waives all rights of any kind to express or implied indemnity against the indemnitees. 0) Nothing in this section is intended to establish a standard of care owed to any third party or to extend to any third party the status of a third-party beneficiary. H:\2008\3050901\08Boo1034e.doc DIVISION D - 3 Page 3 of 4 File: 305-0801/C;1.1 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to Public Agency a detailedplan 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. 2707) (Form approved by County Counsel) RK:al H:\2008\3050801\0813001034c.doc DIVISION D - 4 Page 4 of 4 J CONTRA COSTA COUNTY General Services Department Michael J. Lango CAPITAL PROJECTS MANAGEMENT Director 1220 MorelloAvehue, Suite 100 Terry Mann Martinez, CA94553 Deputy Director (925) 313-7200 Phone Rob.Lim, PE (925) 313-7299 Fax Manager August 4, 2008 Magnum Construction, Inc. 480 Preston Court;Suite A Livermore, CA 94551 SUBJECT: REMODEL AND ADDITION AT FIRE STATION NO. 83, GENTRYTOWN - DRIVE, ANTIOCH FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT (WW0368); Notice To Proceed Pursuant to the Contract dated June 24, 2008 for the subject project, we are issuing this Notice to Proceed, with the following terms:.... . Starting date: August 11, 2008 Contract completion time: 180.calendar days Contract completion date: February 7, 2008 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. Sincerely, ob Lim, P.E. Capital Projects Division Manager RK;tb Enclosure ACCEPTANCE: Contractor's Signature Date File: 305-0801/C.1.1 H A2008\3050801\08 B001040n.doc 07/15/2008 09:00 9254430654 MAGNUM CONSTRUCTION PAGE 06/13 PERFORMANCE BOND -- PUBLIC WORK Bond No. 2276667 Pfeaiiuui $11.206.00 Any claim under this Bond should be sent to the following address: Insurance Com�anv of the West 1800 Sutter St. f-n20 KNOW ALL MEN BY THE PRESENTS: Concord., CA 94520 That we, TIacrnunl Construction, Inc. As Principal, and Insurance Corpanv of the T1?est a corporation organized and existin& under the laws of the State of California 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 NINE HUNDRED 9TXTY THOUSAND, FOUR HUNDRED FORTY SEVEN & 00/100 Dollars ($960,447.00) lawful money of the United States of America, for the payment of which sure 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 24, 2008, with the Obligee to do and perform the following work,to wit: REMODEL AND ADDITION AT FIRE STATION NO. 83, GENTRYTOWN DRIVE,ANTIOCH FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, AUTHORIZATION NO. WW0638, IN ACCORDANCE WITH PLANS, DRAWINGS, AND SPECIFICATIONS', INCLUDING ADDENDUM NO. 1,PREPARED BY OR FOR THE DIRECTOR OF GENERAL SERVICES AND IN ACCORDANCE WITH TIIE 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 frill 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 t.onay be made pursuant to the terms of said contract documents, shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety, and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED, that if any action is commenced on this bond by the Obligee, in addition to the sum specified above, the Principal and the Surety,.their heirs, executors, administrators, successors and assigns, jointly and severally, shall be obligated to pay to the Obligee all costs, attorney's fees and other litigation expenses incurred by the Obligee in collecting monies due under the terms of this bond. SIGNED ANT) SF_.,A.L ED, this 18th day of July 20 08 C l` Ak mS '2 F/6�A r Lars Hedecraax,^ttornev-in act (Principal suferO By: S g�ature ( aturP (SEAL AND AC1CN0WLELGE.MEN1-OF,NOTARY) (SEAL AND A,.KtiN10WLEDaV,1T NT OF NOTARY) RK;al x:�zoos�ososo?�oasunio;b�.��� Page 1 of l 07/15/2008 09: 00 9254430654 P9-^GNUM CONSTRUCTION PAGE 05/13 PAYMENT BOND -- PUBLIC WORK [Civ. Code, §§ 3247 -3248] Bond No. 2276667 Premium Incl. Any claim under, this Bond should be sent to the following address: Insurance Cormanv of the GTest 1800 Sutter St. #420 KNOW ALL MEN BY THE PRESENTS: Concord, CA 94520 That we, Magnum Construction, Inc. As Principal, and Insurance ConoDanv of the lest , a corporation organized and existing under the laws of the State of California and authorized to tTansact-suretybusiness in the State of California, as Surety, are held and firmly bound unto CONTRA COSTA COUNTY, w Obligec, in tho sum of NINE HUNDRED SIXTY THOUSAND, FOUR HUNDRED FORTY SEVEN AND 00/100 Dollars ($960,447.00) 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 24, 2008, with the Obligee to do and perform the following work, to wit: REMODEL AND ADDITION AT FIRE STATION NO. 83, GENTRYTOWN DRIVE, ANTIOCH FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, AUTHORIZATION NO. WW0638, IN ACCORDANCE WITH PLANS, DRAWINGS, AND SPECIFICATIONS, INCLUDING ADDENDUM NO. 1,PREPARED BY OR FOR THE DIRECTOR OF GENERAL SERVICES AND IN ACCORDANCE WITII THE, ACCEPTED DID 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 13UZU of the Unemployment Insurance Code, with respect to,such,work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in ease 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 3181 of the Civil Code so as to give a right of action to such persons,ul 11lCi.1-ussigns in any suit brought upon this bond. SIGNED AND SEALED, this 18th day of.. duly 200P,, A/A(l 6 !, 'j fin' Lars Hedec�aard Attorney-in-Fact (Principal) (SuTety) Signattsr . (Si a.ture) (SEAL AND ACKNOWLEDGrnti,^,NT OF NOTARIJ (SAL A1ND AGKNO'Vk'x Enrr—mENT OF NOTARY) RK!al H:12008\3050901\08 BOO1035o.dcc Page 1 of 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of r On Q D z before me, L7n �.. Date �Fffire Insert N e and Title of a Officer personally appeared /mac S E1r/off NameO of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,a') whose name(gl is/ar,a-subscribed to the within instrument and acknowledged to me that he/shay executed the same in his/h@04heir authorized 10DENISE BEIGARTEN capacity(iae), and that by his/herf4heir signatureW on the Con.# 1804708 instrument the person*), or the entity upon behalf of NOTARY°M-MWORINIA V which the persono) acted, executed the instrument. MY Comm.Ev.JUNE 28,2012 1 certify under PENALTY OF PERJURY under the laws. of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Z&�� X��Yle Place Notary Seal Above - SiTnaKiTe of otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D cument Title or Type of Document: Document Date: Number of Pages: Signer(s) Other-Than Named Above: Capacity(ies),�Claime((d by Signer(s) Signer's Name:L�rK� &e, , Y/l"��— Si er's Name: ❑ Individual �— ❑ Indi I Corporate Officer—Title(s): ❑Corporate er—Title( ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Liml ❑ Ge al ❑ Attorney in Fact ❑Attorney in Fact • El Trustee Top of thumb here [I Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Co ervator ❑ Other: ❑Other: Signer Is Representing: Signer Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of COn t(& 60 S rCA r, ) ! I On Ezi�o P before me, L—yP 1 /� (� ' (�\�� '� /VO G DATE - NAV.TITLE OF OFFICER-E.G.,"JANE DOE,N�OTAR PUBLIC` personally appeared ��S P�f� CAC-rd NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(t)whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/s4efthey executed the same in his/her;#heir/authorized capacity(ies), and that by his/herllheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted; executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. EVELYN M. O'DELL Commission # 1742879 Notary Public -California RY Qentra Costa County SIGNATURE OTARY PUBLIC WC'Q'TM�May27,2a11 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 ��J�/hUn(�a. r.j TITLE OR TYPIrOF DOCUMENT TITLE(S) PARTNER(S) 0 LIMITED GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR O OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE LS-5907 No. 0002047 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West;a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint LARS HEDEGAARD, DORIS DUNN,NICOLE CORUM their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008. �� r4�OpMPAIyY�Fly �O��CtC �VPLTY / aT OPPOMY tq 4 e�}C� G 4 GtA io v ,� INSURANCE COMPANY OF THE WEST ~ o SEAL b�DZ y M EXPLORER INSURANCE COPANY'I z 1r4fth I.AV", ,0. '0 ip.q M 00 INDEPENDENCE CASUALTY AND SURETY COMPANY ��tIrORN�� .._.a� Jeffrey D.Sweeney,Assistant Secretary. J.Douglas Browne,Senior Vice President State of California } County of San Diego Ss. On January 2,2008,before me,Mary Cobb,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who 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 they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. MARY COBB COMM.#1-602390 MDTARY PUBUC4ANU lA saw oIEGO COUNTY MV C0M"ig8ln Expo " SEPTEMBER 20:ION Mary Cobb,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein maybe affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked,and that the above resolutions were duly adopted'by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 16th day of July 2008-- Jeffrey 008..Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1 H and ask for the Surety Division. Please refer to the Power of Attorney Number,the above named individual(s)and details of the bond to which the power is attached. Fb;•ivformatiomor filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400.